The Substantive and Procedural Rules Regarding Admissibility of Confessions

Akademische Arbeit , 2022 , 25 Seiten

Jura - Sonstiges

Admissions and confessions are these statements are admissible on the strength that admissible as exceptions to the rule against hearsay evidence . They are based on the principle that no person can make statement against his own interest unless it is true.

The general rule in both civil and criminal cases is that any relevant statement made by a party is evidence against him. In civil cases, for instance, statements made out of court by a party to the proceedings or by a person connected with him by any of the relationships are admissible in evidence against but not usually in favor of such a party.

In regarding to the law of Evidence Act which covers different aspects including both substantive and procedural rules, has attributed it a substantive law at the same time it's a procedural law. Therefore taking Confession, the Court of Appeal has often provided information on how our Judges (Justice of Peace) are required to take confession or confession of wrongdoing. Unfortunately, these instructions have been disregarded and thus have been the source of many dismissal appeals by this Court. Factors to consider are clearly stated in the case of Hatibu Gandhi & Others v.
Republic and Petro Teophan vs The Republic. It will be better if they were read intensively and educate judges in courts of law. Aggrieved with those Court of appeal decisions, the judges should go through the book called "A Guide for Justice of the Peace".To expedite the implementation of these resolutions herein, we have explained the whole substantive and procedure for taking a confession statement.

TABLE OF CONTENTS

1.0 INTRODUCTION
1.1 SCOPE OF THE QUESTION
1.2 LAW OF EVIDENCE
1.2.1 Substantive rules
1.2.2 Procedural rules or adjectival law

2.0 CONCEPTUALIZATION OF CONFESSION
2.1 The Types of Confession
2.1.1 Judicial confession
2.1.2 Extrajudicial confession

3.0 THE SUBSTANTIVE RULES REGARDING ADMISSIBILITY OF CONFESSION
3.1 Confession must be made to an authorized person
3.2 Confession will be the valid if made freely and voluntarily
3.3 Confession it must be made by an accused person himself.

4.0 THE PROCEDURAL RULES REGARDING THE ADMISSIBILITY OF CONFESSIONS.
4.1 Special powers of Justices assigned to District Court- houses
4.2 Cautioned Statement
4.3 Confession is Extrajudicial Statement

5.0 THE GENERAL RULE AS TO THE ADMISSIBILITY CONFESSION CAUTIONED STATEMENT AND EXTRA JUDICIAL STATEMENT
5.1 Exception to the General Ruleas to the Admissibility Confession Cautioned Statement and Extra Judicial Statement
5.2 The Criticism Regarding to Admissibility of Confessions
5.3 Repudiated and Retracted Confession
5.4 PRINCIPLES TO FOLLOW WHERE THERE IS A DANGER TO ACT UPON REPUDIATED OR RETRACTED CONFESSION
5.4.1 Corroboration
5.4.2 Trial within the Trial

6.0 SUMMARY AND CONCLUSION

BIBLIOGRAPHY

• Hochschule: Mzumbe University
• Autor: Datius Didace (Autor:in)
• Erscheinungsjahr: 2022
• Seiten: 25
• Katalognummer: V1192537
• ISBN (PDF): 9783346636171
• ISBN (Buch): 9783346636188
• Sprache: Englisch
• Schlagworte: substantive, procedural, rules, regarding, admissibility, confessions