(Download) "An Analysis of Discretionary Rejection in Relation to Confessions (Australia)" by Melbourne University Law Review " Book PDF Kindle ePub Free

eBook details

Title: An Analysis of Discretionary Rejection in Relation to Confessions (Australia)
Author : Melbourne University Law Review
Release Date : January 01, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 334 KB

Description

[The exercise of judicial discretion to reject legally admissible confessional evidence involves balancing a number of considerations. On the one hand, there is the desirable goal of admitting relevant evidence and bringing wrongdoers to conviction: on the other hand. there is the undesirable effect of giving curial approval to improper practices on the part of police and other authorities (the disciplinary principle) or the accused being convicted in a manner which is seen to involve substantial unfairness (the fairness principle). The exercise of this discretion is governed by law in a manner not unlike the application of legal rules, and the courts have developed and refined principles and guidelines to be used by trial judges in the exercise of that discretion. These guidelines reflect a consciousness that a confession meeting the requirements for legal admissibility is likely to be reliable, and that the step of excluding relevant and reliable evidence for reasons of policy or fairness should only be taken in cases where the argument for exclusion is strong.] I INTRODUCTION