New Canadian column - Admissibility of young person's confession. Traditionally unlawful inducements are not always strong enough to exclude. R. v. S.E.V. (2009)
Written By:
Reid
May 20, 2009
By Gino Arcaro M.Ed., B.Sc.
I. The Pendulum Swings
The sec. 24(2) Charter pendulum has not always swung fairly. The pendulum was unbalanced for years, in favour of the defense. Growing evidence shows the pendulum swing is balancing out.
II. Interrogation Reality
Among the countless interrogation challenges facing investigators, the following are three facts of reality:
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I. The Pendulum Swings
The sec. 24(2) Charter pendulum has not always swung fairly. The pendulum was unbalanced for years, in favour of the defense. Growing evidence shows the pendulum swing is balancing out.
II. Interrogation Reality
Among the countless interrogation challenges facing investigators, the following are three facts of reality:
- Interrogation strategies change during interrogation, sometimes from one extreme to another.
- Release is a prominent factor that affects a suspect's decision whether to confess or not.
- A series of inducements do occur during most interrogations. The key is the strength of the inducment and the relationship between that strength and the decision to confess.