What Is Admissible Evidence In The Hart Trial

Canadian Criminals are a major part of Canadian society. In our country if you were not the direct victim of a crime you tend to forget the members of society that take pleasure in causing societies grief. As in the case of James Hutchinson and Richard Ambrose, whose crimes were committed in December of 1974.1 They were convicted of killing two Moncton City Police officers. Today, years after the murders were committed Ambrose and Hutchinson are still the center of a major controversy that has plagued our parole system. In order to fully understand the controversy that Ambrose and Hutchinson posses you must look at the

In the video “The Confessions” presented by Frontline, a murder of a women that was committed by one man, quickly resulted into a false gang murder-rape scene committed by eight men. The victim, Michelle Bosko, was seen to be raped and killed in her apartment in Norfolk, Virginia. From the video, it has been proven that seven out of the eight men that confessed were innocent, but somehow they all received an unequal punishment. Because the innocent men admitted to a murder that they didn’t commit out of fear, they were all sentenced to some time in prison. The head detective, Glenn Ford, intimidated the men so much that they either were convinced that they were at the crime scene or they told him every detail that he wanted to hear.

“It is difficult to prove a causal relationship between permissible investigative and interrogatory deception and testimonial deception.  Police freely admit to deceiving suspects and defendants.  They do not admit to perjury, much less to the rationalization of perjury.  There is evidence, however of the acceptability of perjury as a means to the end of conviction.  The evidence is limited and fragmentary and is certainly not dispositive” (Skolnick, 1982).

When this Central park case was made public, the New York Police Department and District Attorney office’s main focus was to solve the case as quickly as possible. When the five teenagers were found “wilding” in the park the night of the women’s death, the police believed they had found the suspects. The police were so confident of the teenager’s guiltiness, the five boys were interrogated of their involvement in the crime. The police used their authority and persuasion to get the boys to confess and promise them that they would go home if they talked. Through strenuous and intense interrogation, the five boys confessed to the killing and rape of the young women on videotape. These confessions were given even though

Many of today’s interrogation models being utilized in police investigations have an impact on false confessions. The model that has been in the public eye recently is the social psychological process model of interrogation known as the “The Reid Technique.” There are two alternatives used by the police today to replace the Reid Technique, one is the PEACE Model and the other is Cognitive Interviewing. These methods are not interrogation techniques like Reid but interview processes.

Over the years, the nature of policing has changed and developed drastically. Their role not only entails crime fighting and emergency response, but also social enforcement and social peacekeeping. Bound by a code of ethics, this highly demanding role asks police to remain professional in their dealings with society, and ensure they uphold the law impartially and fairly. When it comes to enforcing the law, it is important to look at the methods and approaches taken by police in order to combat crime, and whether or not they meet current ethical standards. Although this may be the case, it is also important to acknowledge that aspects of police culture such as loyalty, deception and protection of colleagues will ultimately shape the nature of approach to resolving crime, gaining helpful information and protecting fellow officers. Police officers are granted large amounts of discretion within their roles, however, when officers deliberately abuse this amount of discretion and become display misconduct, it becomes challenging to limit discretionary authority of police officers because of the frequent circumstances they encounter where deception may provide highly constructive outcomes. Throughout this essay, methods used by police officers including entrapment, wiretapping and planting of evidence will be assessed for their strengths and weaknesses. Furthermore, the ethical standards of these methods and approaches will be assessed as to whether or not they prove as ethically

As children, we have all stepped that “boundary” between right and wrong. From stealing money to shoplifting to fighting, we have all made our parents frustrated, made poor decisions, and perhaps, even made a egregious mistake. However, when does stepping that “boundary” become irremediable? Can the government punish minors under the same criteria they do with adults? And most importantly, what does the United States Constitution say? These are all questions that both the Missouri Supreme Court and the United States Supreme Court had to consider when they dived into the case of Roper v. Simmons. To provide a little historical

This case is of interest to both myself and society because Truscott was wrongly convicted based on the limited scientific knowledge available in 1959, and the police’s tunnel vision. They were so adamant on finding the killer that they became fixated on Truscott as the only suspect, and did’t bother widening their search. Because of this, evidence was tampered to frame Truscott. What happened to Truscott was a miscarriage of justice, which affects society’s confidence in the legal system, and it undermines the criminal justice system’s legitimacy.

Renegotiation of reality occurs when, by virtue of the institutionalized process of police interrogations, the suspect perceives that his initial reality holds no value to the interrogator or to the outcome of the interrogation, when he lacks agency to defend his reality, and when there is no other option. In this paper, I will illustrate how each of these factors facilitates false confessions and will use the Norfolk Four case as my vehicle for exploration and analysis.

Among the many differing cases of wrongfully convicted Canadians, the case of Guy Paul Morin is very interesting. There were many issues that caused an innocent man from Queensville, Ontario to be convicted of the murder of Christine Jessop. We’re going to look at how the police failed to conduct a thorough investigation, how the court system failed, and how cases like this can be preventing in the future.

The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my

Our criminal justice system has over time implemented and changed the means of sentencing and punishment for crimes. In the United States plea deals are accountable for 90% of criminal cases. A plea deal is an agreement between prosecutor and defendant in whom the defendant accepts a guilty plea to a charge and in return receives some type of concession from the prosecution. As we have moved forward in the judicial system and now have the ability to look back on previous cases, plea deals have become more controversial. The majority of awareness in this area has been used to look deeper into false confessions, grazing right over the fact that false confessions are a large part plea deals. A controversy arose when many refused to believe that situational factors during interrogations and dispositional factors inherent to the suspects could result in false confessions. (Redlich, 2010)

Police interrogate suspects on a daily basis, but how can they tell if the confession is real? We have all heard, at one time or another of someone confessing to a crime they didn’t commit. Then your next thought is “I would never confess to something I didn’t do”. The only way you can be a 100% sure of that is if you have been through an interrogation before. This paper is going to define “confession” and tell how an innocent person will confesses to a crime they didn’t commit. This paper will also show the history of interrogations.

The Canadian Justice System is built on the principal of the presumption of innocence where emphasis is placed on on ensuring that the innocent go free rather than the guilty being convicted (Huff, 2013). However, miscarriages of justice occur when an individual is wrongfully conviction, and such an occurrence tarnishes the system’s reputation greatly (Campbell & Denov, 2005). According to the edited case files presented by Moldaver (2009), Romeo Phillion was wrongly convicted of the murder of an Ottawa firefighter, Leopold Roy in 1972. Roy had been stabbed on August 9th of 1967, four and a half years prior to when Phillion had been charged with the crime in 1972 after confessing to the murder while in police custody. Despite recanting the confession immediately, the relatively short trial led to a guilty verdict but after investigations decades later, it determined that the prosecutor 's misconduct had led to the miscarriage of justice (Anderson, 2008). After a series of appeals and references, the case was reopened in 2009 which led to the conviction being overturned, and a new trial ordered whereby the Crown had withdrawn the murder charge because of the lack of reasonable prospect of conviction (Harland-Logan, 2014). Nevertheless, Phillion’s proven innocence after his 31 years of incarceration made him the longest-serving wrongfully convicted prisoner in Canadian history (Anderson, 2008). With this considered, the wrongful conviction of Romeo Phillion had been due to

In recent years, there have been multiple high-profile cases of people being exonerated, often by DNA testing, after giving a false confession to a crime they did not commit. People who often fall into this trap are juveniles or those with a diminished mental capacity (Redlich, 2009). DNA testing has helped many innocent people that gave false confessions be free again. This trend brings up the question of how were they able to give a false confession.