Advantages And Disadvantages Of Interrogation

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The methods and techniques employed by police officers within the confines of the interrogation room are an existent enigma within democratic societies. Expectations of the police to solve crime with all available means, at times contradict the philosophies of fair play and the right to silence founded in fundamental justice. It is this contradiction that creates a fine line between fair inquiries in solving crime and the use of psychologically coercive techniques tantamount to torture. This paper will define torture and employ current research in an effort to understand the coercive and psychological factors of interrogation. The paper provides a review of the current legal approaches to interrogation through the eyes of the judiciary and posits that the judiciary’s use of subjective solutions through charter exclusion is ineffective in managing police conduct in the interrogation room. The reluctance of the judiciary to alter or halt methodically coercive interrogations by the police leaves no alternative approach, but use of the objectivity of substantive law.
The Interrogation
The police interrogation is “… an …show more content…

It also recognizes fund elemental rights such as the right to silence, the right not to incriminate yourself, which are rights recognized within international law. However, section 24’s implementation with Canadian jurisprudence has created situations that, “… require the judge to engage in a balancing of other important interests before deciding on admissibility…” (Thaman, S. 2011, p. 296). Interests may include the seriousness of the rights violation, seriousness of the crime, type of evidence and impact on fairness of trial. Even though there is a violation of a charter right in attaining a confession or other evidence, it does not necessarily mean that they will be

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