CRIM 412 Lecture Notes - Lecture 22: Police Misconduct, Fide, Affidavit
23 Feb 2020
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Document Summary
The accused is usually caught in the act or admitting the offence directly to a police undercover operator. 75% confession rate and a 90% conviction rate. The risk of eliciting an unreliable confession; The risk that the suspect"s participation in simulated crimes might prejudice the jury; and. The risk of police misconduct that may impact on the reliability of a confession, or in some instances amount to an abuse of process . Strength of the evidence against the suspect. Type and strength of the inducements used by police. Whether the police conduct exploited human characteristics. Whether the police exploited a particular vulnerability of the suspect. Degree of harm or risk to the suspect. The existence and severity of any threats. The possibility of inducing a false confession. Attacks on the credibility of the operator. Forcing withdrawal of the charges to avoid naming an informant. Attacking the prosecution as a whole as an abuse of process.
