Difference between revisions of "Confessions"

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'''Table of Contents'''
 
'''Table of Contents'''
  
===Rights with Police ===
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== Rights/ Protections from Police ==
 
* [[Arrest]]
 
* [[Arrest]]
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* [[Confessions]]
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* [[Pretrial Identification]]
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* [[Right to Counsel]]
 
* [[Right to Silence]]
 
* [[Right to Silence]]
 
* [[Search and Seizure]]
 
* [[Search and Seizure]]
* [[Right to Counsel]]
 
* [[Confessions]]
 
* [[Pretrial Identification]]
 
  
===Rights at Detention===
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== Rights during Detention ==
 +
* [[Freedom from Punishment]]
 
* [[Right to Counsel]]
 
* [[Right to Counsel]]
 
* [[Right to Habeas Corpus]]
 
* [[Right to Habeas Corpus]]
* [[Right to be free of punishment]]
 
 
* Right to medical care
 
* Right to medical care
  
===Rights at Trial===
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== Rights at Trial ==
* [[Right to a Fair Trial]]
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* [[Double Jeopardy]]
* [[Right to Notice of Charges]]
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* [[Legality Principle]]
* Right to Trial by Jury
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* [[Presumption of Innocence]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Confront Witnesses]]
 
* [[Right to Confront Witnesses]]
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* [[Right to Counsel (Trial)| Right to Counsel]]
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* [[Right to Fair Trial]]
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* [[Right to Notice of Charges]]
 
* [[Right to a Speedy Trial]]
 
* [[Right to a Speedy Trial]]
* [[Right to Counsel (Trial)| Right to Counsel]]
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* Right to Trial by Jury
* [[Presumption of Innocence]]
 
* [[Double Jeopardy]]
 
 
 
===Sentencing===
 
  
* Right to sentence free of torture
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== Sentencing ==
* [[Right to sentence without cruel or unusual punishment]]
 
 
* [[Death Sentence]]
 
* [[Death Sentence]]
* Right to fines that are not excessive
 
 
* [[Ex Post Facto Punishment]]
 
* [[Ex Post Facto Punishment]]
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* [[Freedom from Cruel or Unusual Punishment]]
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* Freedom from Torture
 
* [[Right to Appeal]]
 
* [[Right to Appeal]]
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* Right Not to be Fined Excessively
  
===Rights in Prison===
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== Rights in Prison ==

Revision as of 13:18, 1 June 2010

Background

Confessions that are obtained from defendants through torture, psychological duress, coercion or by any other non-voluntary method should be inadmissible as evidence against the defendant.

International Sources

International Covenant on Civil and Political Rights

Article 14, Section 3 -

  • In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
    • (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
    • (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; **(c) To be tried without undue delay;
    • (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
    • (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
    • (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
    • (g) Not to be compelled to testify against himself or to confess guilt.

Examples of standards for the admissibility of confessions

India

No confession made to a police officer is valid as evidence at a trial. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confessions must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receivint the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated in any way to imcriminate himself (India Criminal Procedure Code Section 51).

Rights of the accused

Table of Contents

Rights/ Protections from Police

Rights during Detention

Rights at Trial

Sentencing

Rights in Prison