NCJ Number
60605
Date Published
1979
Length
455 pages
Annotation
THE OBJECT OF THIS STUDY IS TO PROVIDE A DETAILED AND COMPREHENSIVE ANALYSIS OF ISSUES RELATED TO THE CONCEPT OF SELF-INCRIMINATION IN THE CANADIAN CRIMINAL JUSTICE SYSTEM.
Abstract
THE FOCUS IS ON SEVEN SUBSTANTIVE AREAS: (1) THE BROAD CONTEXT OF SELF-CRIMINATION (THE ADVERSARY SYSTEM, THE POLICE FUNCTION, CRISIS, AND LAW REFORM); (2) SCOPE OF THE SELF-INCRIMINATION PRIVILEGE IN CANADA. (PHYSICAL EVIDENCE, PRETRIAL STATEMENTS AND SILENCE, NONCOMPELLABILITY OF THE ACCUSED AT TRIAL, PROTECTION AGAINST THE SUBSEQUENT USE OF TESTIMONY, AND THE CANADIAN BILL OF RIGHTS); (3) LAW RELATED TO PRETRIAL ADMISSIONS (THE VOLUNTARINESS RULE, PRETRIAL SILENCE BY THE ACCUSED, AND POLICE POWERS); (4) UNDERLYING PRINCIPLES OF SELF-INCRIMINATION (HISTORICAL ORIGINS AND THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM); (5) PRETRIAL STAGE (INADMISSIBILITY OF STATEMENTS TO THE POLICE, ELIMINATION OF POLICE STATION CUSTODY, SUBMISSION TO INVESTIGATIVE TESTS, AND OBLIGATION TO PROVIDE NAME AND ADDRESS); (6) TRIAL STAGE (PRELIMINARY INQUIRY, CASE TO MEET AND NONCOMPELLABILITY, THE RIGHT OF LAST ADDRESS; AND PREVIOUS CONVICTIONS); AND (7) HEARINGS. THE FOLLOWING RECOMMENDATIONS TO FACILITATE THE DEVELOPMENT OF A COMPREHENSIVE APPROACH TO THE CRIMINAL JUSTICE PROCESS IN CANADA ARE OFFERED: ALL STATEMENTS PURPORTEDLY MADE TO POLICE BY THE ACCUSED PRIOR TO TRIAL SHOULD BE INADMISSIBLE AT TRIAL; POLICE SHOULD BE REQUIRED TO DELIVER ARRESTED PERSONS TO A DETENTION CENTER UNDER SEPARATE SUPERVISION AND ULTIMATELY RESPONSIBLE TO COURTS; THE GENERAL PRINCIPLE OF THE ABSENCE OF PRETRIAL OBLIGATION SHOULD BE STRENGTHENED BY A STATUTORY PROVISION TO THE EFFECT THAT NO ADVERSE INFERENCES SHOULD BE DRAWN AGAINST AN ACCUSED BECAUSE OF REFUSAL TO COOPERATE IN AN INVESTIGATION IN WHICH HE OR SHE IS A SUSPECT. CONSIDERATION ALSO SHOULD BE GIVEN TO AMENDING THE OFFENSE OF OBSTRUCTING POLICE IN THE EXECUTION OF THEIR DUTIES AND TO ELIMINATING THE GENERAL RULE PERMITTING ADVERSE INFERENCES TO BE DRAWN FROM FAILURE TO ADVANCE AN EXPLANATION AT SOME EARLIER POINT PRIOR TO TRIAL. OTHER RECOMMENDATIONS, GRANT IMMUNITY FROM PROSECUTION. TABLE OF LEGAL CASES, AND AN INDEX ARE INCLUDED. (DEP)