CRM 308 Lecture Notes - Lecture 9: Police Misconduct, Tunnel Vision, Adversarial System

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13 Dec 2021
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Due process, protected charter and human rights, the weaknesses of the adversarial system, the administration of justice. Court actors become so focused on winning they lost sight of the truth seeking aspect of the courts. In these scenarios it seems the scale is tipped towards the protection of society instead of the rights of the accused. Indigenous, racialized and vulnerable groups disproportionately impacted by wrongful convictions. Result of several errors on behalf of cjs actors and as a result of procedural failings. Psychologists have noted the deficiencies in human memory, thus eyewitness testimony is inherently unreliable. Seeing something happen in one situation and mistakenly place it into another situation. Flexibility of confidence and certainty of a testimony. If someone is there reassuring you your certainty will grow. If you are struggling to recall something it is likely that the certainty and confidence will not be very reliable.

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