What are some of the words used in defence of confessions?
Alberta, Canada
The following excerpt is from R. v. Lawrence, 2002 ABQB 941 (CanLII):
In Oickle, Iacobucci J. cited with approval at para. 66, the words of Lamer J. (as he then was), in Rothman v. The Queen, 1981 CanLII 23 (SCC), [1981] 1 S.C.R. 640 at 697: [T]he investigation of crime and the detection of criminals is not a game to be governed by the Marquess of Queensbury rules. The authorities, in dealing with shrewd and often sophisticated criminals, must sometimes of necessity resort to tricks or other forms of deceit and should not through the [confessions] rule be hampered in their work. What should be repressed vigorously is conduct on their part that shocks the community.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances have the defence been successful against the defence in argument? (Alberta, Canada)
What is the test for a voluntary confession under the confessions rule? (Alberta, Canada)
How have the defence treated undertaking 1 and undertaking 2 in the defence? (Alberta, Canada)
What is the defence of self-defence in a murder case? (Alberta, Canada)
Does the word evade or evade in the context of a tax evasion claim? (Alberta, Canada)
What is the test for a defence of issue estoppel? (Alberta, Canada)
Can defence counsel argue that the accused has a right to adduce his new evidence for the first time? (Alberta, Canada)
What is the test for severance when there is a confession by a co-accused? (Alberta, Canada)
What is the purpose of an affidavit in defence of a claim? (Alberta, Canada)
Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment? (Alberta, Canada)
