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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.
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There is a consensus that some racial groups are over-represented in their contact with the Canadian justice system, but a lack of agreement about possible reasons for this over-representation. The two dominant explanations for disproportionate minority contact (DMC) with the police are differential involvement in crime and differential treatment by the police. Differential treatment may be due to disproportionate possession by minorities of risk factors for police contact or to discriminatory policing. This paper uses data on self-reported delinquency and police contacts from a representative sample of Canadian youth aged 12 to 17 years from the National Longitudinal Study of Children and Youth to test the hypotheses that DMC is due to differential involvement or to differential treatment due to disproportionate risk factors. The results indicate that there was disproportionate minority contact with the police, but no support was found for explanations of DMC in terms of either differential involvement or differential treatment due to risk factors. Distinguishing between youth who report violent delinquency and all other youth, DMC was found only for the non-violent youth; this DMC was also not explained by differential treatment due to risk factors. By eliminating other explanations, the results suggest that racially discriminatory policing may be one explanation for DMC in Canada.
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The central purpose of this study was to provide a platform for Indigenous young peoples’ opinions regarding the overrepresentation of Indigenous young people in the criminal justice system. Specifically, the study sought (a) their thoughts on broader issues that contribute to the overrepresentation of young people, and (b) strategies on how to reduce the overrepresentation of young people in the future. Results mirrored themes and findings from the research literature. However, the results are themes that are derived from the lived and observed experiences of Indigenous young people and the Anishinaabe, Haudenosaunee, and Métis communities.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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An article from Les Cahiers de droit, on Érudit.
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A major reform of civil procedure began in 2002 in the wake of the Ferland report, itself inspired by Lord Woolf’s report on civil justice in England and Wales. In both reports, the idea of proportionality is central, but the Civil Procedure Rules, which also address the issue of litigation costs, codified it much more vigorously than legislation adopted here. Local impact studies are also less probative than those conducted in England. Yet the overall assessment of these reforms leads to similar conclusions and ought to persuade the Quebec legislature to carry matters further in order to counteract the effects of a pervasive adversarial culture. To this end, closer case management, a tighter control on oral discovery and the use whenever possible of single, court-appointed or party-designated experts, are all desirable. Seen from this angle, the reform of 2002 in Quebec lags behind the reform based on the Woolf report.
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