Test Your Knowledge of Confessions and the Right to Silence in Criminal Trials

10 Questions

What is a confession?

A statement that is wholly or partly adverse to the person who made it

Which types of confessions are admissible in court?

Both oral and written confessions

What must a confession be in order to be admissible?

Relevant and unequivocal

Which of the following statements may not be considered a confession?

Making equivocal statements

Under what circumstances can equivocal statements be admissible in court?

If they can reasonably be considered evidence for a relevant fact

What must the jury consider when evaluating a statement made by a defendant?

The entirety of the situation and the context in which the statement was made

When can a statement made by a defendant be used against them in court?

If it was intended to be evidence for a relevant fact and is truthful

What is a confession considered to be?

A declaration of guilt

Under what circumstances are inculpatory statements admissible in court?

If they are voluntary and residual discretion to exclude is not exercised

What is the right to silence under common law and in Hong Kong?

Not absolute under common law, but absolute in Hong Kong

Study Notes

A confession is a statement wholly or partly adverse to the person who made it.
Confessions can be oral, written, or both.
Confessions must be relevant and unequivocal to be admissible.
Saying "sorry" or making equivocal statements may not be considered a confession.
Equivocal statements may be admissible if they can reasonably be considered evidence for a relevant fact.
The jury must consider the entirety of a situation when considering a statement and put it into context.
The jury can only use a statement against the defendant if it was intended to be evidence for a relevant fact and is truthful.
A confession is a declaration against self-interest.
Inculpatory statements are admissible if voluntary and residual discretion to exclude is not exercised.
Mixed statements must be considered as a whole, and the jury must weigh all evidence in making their decision.

Exculpatory parts of a mixed statement have less weight than inculpatory parts.
Uncommon confessions include confession via apology and confession by legal counsel.
The Apology Ordinance applies to apologies made in connection with a matter.
A confession must be voluntary to be admissible.
The prosecution must prove that a confession was not obtained through fear, prejudice, or gain by oppression.
Failure to rule on voluntariness can result in a quashed conviction.
A confession obtained through a person in authority requires proof that the defendant was not influenced by their conduct.
Inducements, threats, or violence can lead to a confession being inadmissible.
Oppression can sap the free will needed for a voluntary confession.
The right to silence is not absolute under common law, but it is in Hong Kong.
The right to remain silent is absolute.
The exercise of the right to silence should not be used against the accused.
A defendant cannot be cross-examined on why they remained silent.
A person's silence at the scene cannot be held against them in trial.
No inference of guilt can be drawn from a defendant's failure to make exculpatory statements.
If a defendant selectively answers questions, the entire interview can be shown to the jury.
Cautioned statements are not required by law but are internal guidelines.
Rule II applies when there are reasonable grounds to suspect a person has committed an offense.
Rule III applies when a person is charged or informed they may be prosecuted.
The standard cautioning is not required by law but must be followed internally.