Privilege Communication Paper

Decent Essays
Privilege Communications
Any communications that cannot be required to be presented in court as evidence. Incudes conversations between parishioners and clergy, patients, and doctors, and so on. privileged communication can have no force in courts if the dominant party presents the evidence.
Similar Fact Evidence
Evidence that shows the accused has committed similar offences in the past. Crown uses it to imply that the accused has committed the offence again, or to refute defense claims that the offence was mistake or accident. Fact evident must be relevant to the case to be used and can be extremely damaging to the if the jury gives it too much weight. The judge will hold a trial within a trial to determine whether to admit similar fact evidence.
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Person under surveillance must be the intended victim. A person who fears bodily harm can authorize police to intercept the private conversation without obtaining judicial permission. Video surveillance evidence can be admitted. Search warrants are not needed if it is in public places. However, it is needed if device is used with respect to a person or property.
An accused persons acknowledgement that the charge, or an essential part of it, is true. The charter states that anyone who is detained or arrested must be promptly informed of their right to legal counsel before making any statement so any statement taken before the right is told can be excluded as evidence. A statement can be admission or denied. If confession was not voluntary, the judge may reject the evidence. Even if confession is admitted, the jury may reject it or give little weight in reaching decision.
Illegally Obtained Evidence
Admission of illegally obtained evidence has been debated since the Charter was passed. In each trial, it must be decided if admitting the evidence in question would bring the “administration of justice into disrepute” which relies on whether “the reasonable person”, fully informed of the facts, would be shocked if a judge allowed the evidence to be admitted.
The decision as whether the accused is guilty, and is the culmination of the trial process/
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