The Interrogation Room Is An Existent Enigma Within Democratic Societies
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The methods and techniques employed by police officers within the confines of the interrogation room are an existent enigma within democratic societies. Expectations of the police to solve crime with all available means, at times contradict the philosophies of fair play and the right to silence founded in fundamental justice. It is this contradiction that creates a fine line between fair inquiries in solving crime and the use of psychologically coercive techniques tantamount to torture. This paper will define torture and employ current research in an effort to understand the coercive and psychological factors of interrogation. The paper provides a review of the current legal approaches to interrogation through the eyes of the judiciary and posits that the judiciary’s use of subjective solutions through charter exclusion is ineffective in managing police conduct in the interrogation room. The reluctance of the judiciary to alter or halt methodically coercive interrogations by the police leaves no alternative approach, but use of the objectivity of substantive law.
The police interrogation is “… an integral part of the legal system, facilitating plea negotiations and alleviating the pressure on the clogged legal system” (Chapman F. 2013 p.164). Confessions form one of the best pieces of evidence in the hands of the prosecution and the most difficult for the defence to overcome, thus placing significant pressure on the police to obtain a confession. Further pressure is placed on police as successful interrogations are a reflection of interviewing competence and used as a performance indicator. Society looks to and expects the police to solve crimes and deliver justice upon those who are perceived to have committed ...
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...al rights as any statements obtained through coercive, abusive or oppressive methods would not be admissible, save as evidence of the crime itself.
Where use of the exclusionary rule under the CRF fails in holding agents of the state accountable for their behavior, it is encompassing on state to engage statutory laws regarding the use of torture. Torture is considered an abhorrent act in a democratic society and yet is enabled by nation states through an unwillingness to hold agents of the state accountable when components of torture are used for the greater good. While there has been an attempt to mitigate the actions of the police within the confines of the interrogation room through exclusionary rules under the charter of rights, these efforts have done little to create accountability when those actions cross the line of international standards of human decency.