Right To Silence

1. Right To Silence By: Mackenzie Lee Bramhall

2. Jagrup Singh • Arrested for second degree murder in respect of the shooting death of an innocent bystander ( Richard Lof ) • A fight broke out in a pub, was taken to the parking lot, and a gun was fired • The bystander was killed by a stray bullet while standing inside the doorway of the pub • Witnesses identified the man who fired the gun from looking at photographs

3. ??? • The police persisted in asking Mr. Singh questions and demanded answers even after stating that he had a right to silence • He would speak about anything but the task at hand, refusing to give the confession police so desperately wanted • Mr. Singh reminded authorities of his right to silence 18 times • He admitted to being at the pub the night of the tragic event, but stated that he had left before the shooting had occured

4. Rules • Under both the common law and the Charter rules, police persistence in continuing an interview, despite repeated assertions by the detainee that wishes to remain silent, may well raise a strong argument that the subsequently obtained statement was not the product of a free will to speak to authorities • This makes the authorities look as though they push people into stating false confessions

5. Failure • The failure to produce evidence beyond a reasonable doubt makes the court schedule a re-trail • The power the authority has over the detainee does not rule over the power of the right of an individual

6. Thanks