When Trying to Establish a Confession as Evidence, the Burden

question 15

Multiple Choice

When trying to establish a confession as evidence, the burden of proof is on whom? The prosecution must be able to prove beyond reasonable doubt that the confession was not obtained by oppression under S76 (2) (a) PACE 1984 or anything that could make the confession unreliable. (S76. (2) (b) .

• A) The burden of proof is on the defendant to prove on the balance of probabilities , that the confession was obtained unfairly.
• B) The burden of proof is on the prosecution to prove beyond reasonable doubt that the confession was not obtained unfairly or in breach of S76.
• C) The burden of proof is on the prosecution to prove on the balance of probabilities that the confession was obtained unfairly.
• D) The burden of proof is on the defendant to prove beyond reasonable doubt that the confession was obtained in breach of S76 PACE.

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Definitions:

Physiological State

Refers to the current condition or status of the body's physical functions, including but not limited to metabolic rate, heart rate, and hormone levels.

Automatic Processes

Cognitive functions that occur without conscious awareness or effort, often simultaneously with other tasks.

Subconscious Processes

Mental activities occurring without conscious awareness, influencing perceptions, thoughts, and behaviors.

Controlled Processes

Tasks that require active and conscious effort and attention, such as learning something new.