Confession in Criminal Law
21 Questions
5 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Under what circumstance is a confession inadmissible according to the content?

  • When the confession is made under a promise of secrecy. (correct)
  • When the confession is relevant to the case.
  • When the confession is made in an open court.
  • When the defendant was warned before making the statement.

According to the content, what section of the Evidence Act discusses promises of secrecy or deception?

  • Section 55
  • Section 239
  • Section 31 (correct)
  • Section 2955

In the case of James Igbinovia v The State, what led to the confession being deemed inadmissible?

  • The defendant refused to sign the confession statement.
  • The defendant was not properly informed of their rights.
  • The confession was obtained through deception by the police. (correct)
  • The defendant was drunk during questioning.

According to the Act, can new evidence change a previous testimony?

<p>Yes, evidence maybe verbal or a change of mind. (D)</p> Signup and view all the answers

What must the police obtain to ensure they can use a statement?

<p>A signed statement that becomes admissible. (C)</p> Signup and view all the answers

What is a confession, according to the content?

<p>A criminal suspect's oral or written acknowledgment of guilt. (A)</p> Signup and view all the answers

What is the primary difference between a judicial and extra-judicial confession?

<p>A judicial confession is made in court, while an extra-judicial confession is made out of court. (B)</p> Signup and view all the answers

In the context of confessions, what does 'uncoerced' mean?

<p>The confession was given voluntarily. (B)</p> Signup and view all the answers

Why is relevance and admissibility important to evidence?

<p>They determine whether evidence can be considered in court. (D)</p> Signup and view all the answers

According to the content, what is one thing that doesn't automatically make a confession inadmissible?

<p>If the accused denies making the confession. (D)</p> Signup and view all the answers

According to the content, can a court convict someone based on a confession statement if the accused denies or rejects it?

<p>Yes, a court can still convict on a confession statement. (C)</p> Signup and view all the answers

According to the content, is an unsigned confession statement admissible in court?

<p>Yes, though with less weight to it. (C)</p> Signup and view all the answers

According to the content, who has the burden of proving that a confession was obtained through oppression?

<p>The Prosecution (A)</p> Signup and view all the answers

In R V Baldayl Baven Parke, what is required for a confession to be admissible as evidence?

<p>It must be perfectly voluntary, without inducements or threats. (A)</p> Signup and view all the answers

When does a confession become relevant and admissible?

<p>When it is made under oppression but the court grants it (A)</p> Signup and view all the answers

According to Section 29 (4) of the Evidence Act, under what circumstances does a confession by one co-accused not apply to another?

<p>If the other person did not accept the statement. (D)</p> Signup and view all the answers

In Olakhve V dise, what was the central issue regarding statements made by officials?

<p>Whether the statement made by officials in the police may amount to statement of offence for which he was charged and is admissible to him alone aimed against co- sess out. (D)</p> Signup and view all the answers

According to Oberxki JSC 2 0 Ozaki V State, under what conditions should a statement to the police by one individual not be secured?

<p>If it is an area is not secured on the statement of another serial. (C)</p> Signup and view all the answers

What does silence imply in the context of legal proceedings?

<p>Does not amount to adoption to concoctions. (B)</p> Signup and view all the answers

What type of confessional statement can be rebutted, according to the text?

<p>Extrajudicial statement. (D)</p> Signup and view all the answers

What is the primary reason for a court to reject a confession statement?

<p>If it is given involuntarily. (D)</p> Signup and view all the answers

Flashcards

Confession

A criminal suspect's oral or written acknowledgment of guilt.

Confession (Evidence Act)

Any admission made by someone charged with a crime suggesting they committed it.

Judicial Confession

Explicitly states or admits guilt and serves as a basis for judicial proceeding.

Extra-Judicial Confession

Made out of court as part of a judicial examination or investigation.

Signup and view all the flashcards

Admissible Confession

The confession must be direct, uncoerced, voluntary, and positive.

Signup and view all the flashcards

Voluntariness of Confession

If a confession was not given voluntarily, it's ruled inadmissible.

Signup and view all the flashcards

Relevance of confessions

Confession made by a defendant may given evidence against him if it's relevant to any matter in the proceedings.

Signup and view all the flashcards

Oppression in Confessions

Includes torture, inhuman, and degrading treatments and the use or threat of violence which aim at something to incriminate.

Signup and view all the flashcards

Retracting Testimony

In court, a scout cannot retract their original, sworn testimony. However, evidence outside of court can be revised.

Signup and view all the flashcards

Inconsistent Confession

Section 29(5) of the Evidence Act states that if the police version of a confession differs from what the suspect actually signed, it is inadmissible in court.

Signup and view all the flashcards

Confession via Deception

According to Section 31 of the Evidence Act, a confession obtained through promises of secrecy or deception is usually irrelevant and shouldn't be admitted as evidence, unless proven otherwise.

Signup and view all the flashcards

Igbinovia v The State

A confession obtained through deception by police (e.g., posing as a fellow inmate) is inadmissible in court.

Signup and view all the flashcards

Voluntary Confession

To be admissible, a confession must be completely voluntary, free from inducements, promises, or threats by authorities.

Signup and view all the flashcards

Oppression and Confession

If oppression influences a confession, it's inadmissible. A second confession is also inadmissible if the initial oppression persists.

Signup and view all the flashcards

Confession of Co-accused

Statements made by a co-accused are not admissible against others unless they explicitly accept the statement through words or conduct.

Signup and view all the flashcards

Evidence Act Section 29(4)

Section 29(4) emphasizes that a confession by one defendant cannot be used against another unless the other person acknowledges it.

Signup and view all the flashcards

Retracting Confession

Extrajudicial statements only.

Signup and view all the flashcards

Unsigned Confession

An unsigned confession carries less evidentiary weight, but the court may consider it alongside other corroborating evidence.

Signup and view all the flashcards

Retraction vs. Involuntariness

A confession is only inadmissible if proven to be involuntary; retraction alone doesn't automatically nullify it.

Signup and view all the flashcards

Admissibility of Retracted Confessions

Retracted confessions are admissible as evidence.

Signup and view all the flashcards

Study Notes

  • Confession in criminal law involves a criminal suspect's admission of guilt, either oral or written.
  • Governed by Section 28 of the Evidence Act.
  • Defined as an admission made by a person charged with a crime, suggesting they committed it.
  • Confessions should be direct and free from ambiguity.

Judicial vs. Extrajudicial Confessions

  • A judicial confession is made before a judge or in court, serving as formal acknowledgment of guilt in a judicial proceeding.
  • An extrajudicial confession is made outside of court.
  • It can be oral or written and may serve as an investigative lead.
  • The confession must be direct and not circumstantial, open, voluntary, and positive for the prosecution to overcome reasonable doubt.
  • For admissibility, it must comply with the Evidence Act.
  • Reliability and admissibility are vital in evidence.

Admissibility Criteria

  • Denying an accusation does not render a confession inadmissible.
  • In sele v Atak, the Supreme Court permitted portions of a confession statement as evidence for the prosecution.
  • Courts may still convict based on a confession statement, even if the accused retracts it.
  • Unsigned confession statements are admissible but carry less weight.
  • Section 29(4) of the Evidence Act renders the confession admissible unless there is any mark indicative of involuntary circumstances.

Relevance of Confessions

  • As per Section 29(0) of the Evidence Act, a confession made by a defendant is admissible in evidence against them during proceedings.
  • The oppression that can obstruct Section 29 is related to the provisions of Act.
  • The burden of proving the confession was obtained through oppression lies on the prosecution, and it must be voluntary.
  • Under Section 29(5), oppression includes torture, inhuman or degrading treatment, and threats of violence.
  • In R v Baldry v Baven Parke, confessions must be perfectly voluntary, free from inducement, promise, or threat.
  • If a confession is made after oppression ceases and the court deems it free, it becomes admissible.

Effect on Co-accused

  • Section 29(4) of the Act states that a confession made by one of several jointly charged individuals can be considered against others present when it was made, provided they accepted it.
  • The statement must also be self-incriminating to the confessor and should carry a signature or mark in the presence of police and others.
  • The only ground to not acknowledge a statement is when done involuntarily.

Retraction of Statement

  • Retracting statement is still admissible as evidence (R v Hule)
  • In a trial, previous testimony can be recalled when the police force to get force a statement signed.
  • In such case, with change in testimony is subject to S.239 of evidence act.

Confession Under Promise of Secrecy

  • Section 31 of Evidence Act: The confession is irrelevant if it cannot fulfill its purpose.
  • It could be, under this case, with deception practiced in order to fulfil some information.
  • It is given when the defendant did the confession for a certain purpose.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Evidence Law: Confessions Examination Past Paper PDF

Description

Explore confessions within criminal law, focusing on both judicial and extrajudicial types. Understand how Section 28 of the Evidence Act governs the use of confessions. Learn the criteria for admissibility and the importance of direct and voluntary statements.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser