Evidence: Use of Admissions / Confessions if unlawfully obtained
The dilemma that has been bothering me is how can we level (if ever) the requirements of an accused’s right to a fair trial and justice ? See the example I have found which could potentially be a step forward. In South Africa, & perhaps in the UK as well, the general rules for the admissibility of Admissions/Confessions is that it has to be: Given freely & voluntarily With no threat/act of violence And no undue influence In additional, the evidence has to have been obtained in a constitutional manner, meaning: It was obtained in a way that didn’t infringe your rights ; or If it is admitted, it would not render the trial unfair or be detrimental to the administration of justice What I really want to discuss is the state of our law in relation to facts discovered in consequence of information given by the accused whether it be lawful or unlawful. The most common form of obtaining this evidence is through pointing out . The case of R v Sam...