Saturday, November 9, 2013

Time to take God out of the Interrogation Room

R. v. Oickle, 2000 SCC 38 holds that police may properly offer spiritual inducements to suspects as part of interrogation.  

As a result it is common for police to tell prisoners "the wages of sin is death" and to remind them of the saving "blood of out Lord and Saviour Christ Jesus". 

In Oickle the Supreme Court seems to have been motivated by the supposition that a police officer cannot themselves offer an inducement of a spiritual nature. But underlying that is the unspoken thesis that religious exhortations are of limited meaning - something perhaps true for a hardened criminal.  

But not true for an innocent accused who after many hours of interrogation under the Reid Technique or similar collapses and gives a statement of doubtful truth. 

It's time to take God out of the interrogation room:

56                              A final threat or promise relevant to this appeal is the use of moral or spiritual inducements.  These inducements will generally not produce an involuntary confession, for the very simple reason that the inducement offered is not in the control of the police officers.  If a police officer says "If you don't confess, you'll spend the rest of your life in jail.  Tell me what happened and I can get you a lighter sentence", then clearly there is a strong, and improper, inducement for the suspect to confess.  The officer is offering a quid pro quo, and it raises the possibility that the suspect is confessing not because of any internal desire to confess, but merely in order to gain the benefit offered by the interrogator.  By contrast, with most spiritual inducements the interrogator has no control over the suggested benefit.  If a police officer convinces a suspect that he will feel better if he confesses, the officer has not offered anything.  I therefore agree with Kaufman, supra, who summarized the jurisprudence as follows at p. 186:

 

We may therefore conclude that, as a general rule,confessions which result from spiritual exhortations or appeals to conscience and morality, are admissible in evidence, whether urged by a person in authority or by someone else. [Emphasis in original.]

5 comments:

Eddie Achtem said...

My opinion as to your agrument is not logical. Law profs really need to rap heads the term "logic" never seen in laws or teaching issues of validiy, of undue duress. Locially it's extreme breach of the separation of powers on steriod. And the cops thirt for carrying power beyond jurisdiction to jack up. This is You talking unparaphased riddles.

Eddie Achtem said...

I know the Cullen Man may not have rapped his brain around alot of truth, but you sure do not want him to view this blog post. A man of your stature should fear The Cullen man (aka The Cracken)

Lobby this instead! have you heard dis dis da da da daaa stuf ma-an?

Hell of a lead for stong hearted reporters to follow up on. What it is it looks like that fellow who was popular on You Tube in 2008, 2009 but Public sector crooks (PSCs) put a gag order on King Neptune (aka ...Byron Prior). Some might remember that 40 year old child rape case that is still dragging on from Newfoundland? Be a Good pharasis Morton on Lobby thyis instead.

"we both know, so this is type for those that do not know calling Byron Kig Neptune helps this story, how do feel about how used the King neptune and the Cracken analogy?"

Whereas Maurry Popich gave T. Alex Hickman a fine opportunity to come on his show to hear Maurry say "HE's NOT THE FATHER!" The Hickman Declined? Nobody will forget that show. Others are Welcome that history of the King Neptune's little Sis was raped case so they can better understand that cold case file;

www.lawliars.blogspot.com/

THE GROUND BREAKING UPDATE INFORMATION IS BELLOW

He has release a living breathing Cracken (CHILD PORN INVESTIGATOR) The Cullen Man, Shawn Cullen. That has multitude PSCs up against slammed up against for his mass defamation crime he is committing against multitudes of PSCs for their taboo. However the PSCs a TERRIFIED of the Cullen Man! They are too terried to have to balls to arrest him. For his published data. It a massive catalogue of Public Sector Crooks Cook Book. When this case is forced it's way into court imagine the massn attention? I think it would be too hard for everyone in that court roon to hold a straight face. It's hot smoker of a lead that surfaced. I have all his posted data too. Reporters who have strong hearts that can maintain cool compure while reading such mind-bending informatio are wellcome to cantact me for all of Shawn Cullen's data or his contact information may contact here on Face Book .

However he's missing the boat, because he's bought into jew tubes side of false history of the holocost. He has not rapped his mind around the truth like me just in this repect. For example what happen to that Gogen kid, that the Edmonton Cops tried to arrest for the murder of that body that was found in his dad's Army & Navy Department Store. But the cops relized he fled to Isreal. So why don't you lobby for an extradistion agreement with Isreal to bring Kazar Crooks to justice. Get them in the slammer. Yeah lobby that Morton Man.

The Cullen man has not rapped his head around this in 1924 the world did notm take this to heart.

If jews form this nation of Isreal. They will not go there, instead stay in their host nations. To carry out their crimes for as long as they possible can. Then they will have fled to Isreal. - Adolf Hitler -

Eddie Achtem said...

I will e-mailed this to the Cullen Man.

Eddie Achtem said...

furthermore Morton there is big plans to keep your eye balls on you, c f meyer...753 manning street toronto and the entire Jewish Lobby We are eyeballing you all up for matter of public satey. We are more power than you Jewish lobbyist, because we have the best crime fighter in the world behind us Jesus Christ our mighty father. Yes he's slated you all for removal. To dis infestate of public sector. We are cutting all your puppet string. Soon the modern day pharis will be no longer.

Our event kicks of on May 16, 2014 Edmonton. What for uys buddy morton. You will NOT enjoy our musings. You all will have nothing left to make you get off on.

Eddie Achtem said...

You are very lucky!
http://saxecouthberggotha.blogspot.ca/2013/11/my-letter-to-god-pope-benedict-mr.html