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Questions and Answers
Which type of confessional statements are admissible and can lead to conviction?
Which type of confessional statements are admissible and can lead to conviction?
- Statements obtained involuntarily
- Statements made by the accused's counsel
- Statements obtained through threat or promise
- Statements obtained voluntarily (correct)
What is the rule regarding the admissibility of confessional statements obtained through threat or promise?
What is the rule regarding the admissibility of confessional statements obtained through threat or promise?
Confessional statements obtained through threat or promise are inadmissible.
Can a conviction be based solely on a confessional statement?
Can a conviction be based solely on a confessional statement?
- Yes, always
- Only if the statement is written
- No, never (correct)
- Only if corroboration is not required by law
Are confessional statements obtained voluntarily admissible as evidence in a criminal trial?
Are confessional statements obtained voluntarily admissible as evidence in a criminal trial?
What type of confession carries the same weight as a written confession?
What type of confession carries the same weight as a written confession?
Can a conviction be based solely on a confessional statement?
Can a conviction be based solely on a confessional statement?
What must a confessional statement contain to be admissible?
What must a confessional statement contain to be admissible?
Who must make the confessional statement in order for it to be admissible as evidence?
Who must make the confessional statement in order for it to be admissible as evidence?
Can the accused's counsel make a confessional statement on their behalf?
Can the accused's counsel make a confessional statement on their behalf?
Does an extra judicial confession carry the same weight as a written confession?
Does an extra judicial confession carry the same weight as a written confession?
What is the weight of a confession dependent on?
What is the weight of a confession dependent on?
What is required for a confessional statement to be admissible as evidence?
What is required for a confessional statement to be admissible as evidence?
Can an accused challenge the voluntariness of a confession extracted under torture?
Can an accused challenge the voluntariness of a confession extracted under torture?
What factors determine the weight of a confession?
What factors determine the weight of a confession?
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Study Notes
- Confessional statements obtained through threat or promise are inadmissible.
- Confessional statements obtained voluntarily are admissible and can lead to conviction.
- Conviction cannot be based solely on a confessional statement if corroboration is required by law.
- Confessional statements must be made by the person charged, not their counsel.
- Extra judicial confession, whether oral or written, carries the same weight as a written confession.
- Confessional statements must be direct and positive to be admissible.
- Confessional statements must contain the act constituting the offence and the requisite intent.
- The weight of a confession depends on the method by which it was obtained.
- The accused can challenge the voluntariness of a confession if extracted under torture.
- The confession must be tested for truth and corroborated by other evidence.
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