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confession evidence

  • 27-06-2012 4:31pm
    #1
    theAwakening
    Registered Users, Registered Users 2 Posts: 254 ✭✭


    in a documentary on an american murder investigation, a suspect lawfully detained in police custody was overheard by a police officer, admitting the offence over a telephone call with his partner (not his lawyer). the police officer was superivising the communication. the admission was not put to him during subsequent questioning, nor was it introduced at trial. there was no phone tap.

    would this qualify as a exception to the hearsay rules?


Comments

  • #2
    Farcear
    Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    Yes, confession evidence is an exception to the hearsay rule.

    I think the concern here is that it would be illegally obtained evidence and be inadmissable on that basis. I'm not sure of the rules re. prison but don't prisoners have a "right" to privacy of communication or something to that effect?


  • #3
    theAwakening
    Registered Users, Registered Users 2 Posts: 254 ✭✭theAwakening


    it's a strange one. AGS supervise all visits with family / friends of suspects in custody for obvious reasons, with the exception being solicitors consultations, which are supervised out of hearing.


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