Statements made by, or, attributed to the accused, made outside the evidence given in the courtroom, may be admissible for or against the accused. The statement(s) may be inculpatory, exculpatory or neutral in nature. An inculpatory statement is one that incriminates or tends to incriminate the accused. The opposite of inculpatory is exculpatory. An exculpatory statement is one that tends to exonerate the accused. Out of court statements by the accused may be used in a variety of circumstances, including, statements made by the accused to investigators, or, remarks attributed to him by others who testify about what he said to them that are relevant to the case.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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