Pre-trial Flashcards
(34 cards)
Can the accused have a lawyer present during interrogation? How does this work in the Canadian Justice System
No
-In charter of rights in freedom legal counsel can be provided before to aid in procedure but not after
Does the suspect have the right to remain silent during interrogation?
Yes
Why may someone not remain silent during interrogation
misconception that their silence will be taken for guilty
Can the police continue to question the suspect if they are exercising their right to silence?
Yes
Can the accused speak to the police “off the record?”
No
The accused must provide a DNA sample (e.g., saliva, hair, blood, etc.) if the police ask for one
True or False
False
2 Ways police can obtain a DNA sample?
Consent to it
Warrant
Are polygraph (lie detector) results admissible in a court of law? Why are they used?
No
confession tactic and extract more info
Can the police lie to the accused during the interrogation?
Yes
Can the accused lie to the police during questioning? What will happen if they do?
No
Charged with obstruction of justice
All police interrogations must be recorded by law
T/F
False
In Canada, there is no formal legislation that mandates the recording of police interrogation.
What is the main purpose of interrogation
To provide police with incriminating statements
To identify accomplices
To get a confession
To discover stolen property/victim
To get a confession
4 other purposes of interrogation
- provide police with incriminating statement
- discover stolen property/victim
- To identify accomplices
- To indicate suspects involvement in other unsolved crimes
What is usually the setting of interrogation?
cold, small, windowless, minimalist
which strategy focuses on encouraging the suspect to have empathy for others (their family, victim’s family, work life)
Conditioning Strategy
Persuasion Strategy
De-emphasizing Strategy
De-emphasizing Strategy
Which strategy focuses on encourage the suspect to trust the questioner and establishing a relationship with them
Conditioning Strategy
Persuasion Strategy
De-emphasizing Strategy
Conditioning Strategy
What strategy encourages the suspect to talk so that his/her side can be heard
Conditioning Strategy
Persuasion Strategy
De-emphasizing Strategy
Persuasion Strategy
The inquisition chairs was used as a punishment in 1800’s Europe. The chair included spikes and could be heated up. What is another name for this instrument of torture?
Iron chair
Judas cradle
The rack
Iron chair
Voluntary False confession. why?
individual freely and voluntarily confesses to crime they did not commit
protect someone, attention, threats, homelessness, mental illness
Coerced-compliant false confessions
result of intense interrogation
(goes on for hours and days, deprived of basic necessities, result from lies, to gain a promised or implied reward)
Coerced internalized false confession. why?
suspect falsely recalls involvement of crime and confesses to it
young person, mental disability, intoxicated, sheltered life
difference between appearnce notice and summons
appearance notice is given BEFORE they have been charges (in-person)
summons is given AFTER they have been charged (mail or in person)
What happens if they do not appear
in court?
A warrant may be issued for their arrest, and they could be charged with another offence
What is a common term for judicial interim release
bail
