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Evidence Discuss the Problems for Essay - 1879 Words

Evidence Discuss the Problems for Essay

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"The criterion for the admissibility of a confession has thus evolved into the quality of voluntariness. The aim of admitting into evidence only voluntary confessions is to prevent the introduction of unreliable evidence. … the result is that judges may exclude confessions where the coercion is blatant and obvious but not exclude confessions where the coercion" is more subtle -- the jury is left to decide the confession's veracity in this case (Wakefield & Underwager 20009).

Question 13

Discuss and provide examples pertaining to the waiver of privilege against self-incrimination.

The protection against self-incrimination does not apply to "non-testimonial evidence" such as giving examples of one's voice, police line-ups, blood samples or fingerprints (Lesson 12, 2009, Slide 4)

Question 14

The principal restriction of impeachment by the use of evidence of misconduct can result in a conviction of a witness.

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Explain this concept and give examples.

Impeaching the testimony of a witness may involve bringing up examples of past bad behavior, including criminal behavior. If the witness does not have immunity, this could result in a conviction. Also, if the witness is shown to be lying and deliberately gives false evidence under oath, this can result in a conviction for the crime of perjury. Finally, immunity may be withdrawn if the witness is shown to be lying, or to have misrepresented his or her knowledge of the case, or role in the case.

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