On the need to ensure better comprehension of interrogation rights

Eastwood, Joseph and Snook, Brent and Luther, Kirk (2014) On the need to ensure better comprehension of interrogation rights. Canadian Criminal Law Review, 18. pp. 171-181.

Abstract

Canadians who are detained by law enforcement officers are afforded the right to silence and the right to legal counsel. The comprehension of these rights is needed in order to protect the rights and freedoms of detainees and to ensure that any statement that provides probative evidence is admissible in court. In this article, we review the research on comprehension of interrogation rights. We present evidence that the documents used to deliver interrogation rights to adults and youths inhibit comprehension because they are too complicated. We conclude the article by providing recommendations on how to increase understanding of these important rights.