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Record W1559416259

UPROOTING THE CELL-PLANT: COMPARING UNITED STATES AND CANADIAN CONSTITUTIONAL APPROACHES TO SURREPTITIOUS INTERROGATIONS IN THE DETENTION CONTEXT

2009· article· en· W1559416259 on OpenAlexaffabout
Amar Khoday

Bibliographic record

VenueSSRN Electronic Journal · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicTorture, Ethics, and Law
Canadian institutionsUniversity of Manitoba
Fundersnot available
KeywordsPolitical scienceLawContext (archaeology)State (computer science)CharterSearch and seizureCriminal procedureDue Process ClauseRight to counselConstitutionSupreme court
DOInot available

Abstract

fetched live from OpenAlex

This article examines judicial approaches to cell-plant interrogations in Canada and the United States. These are surreptitious interrogations whereby the police inject an undercover state agent into the detention environment with the goal of eliciting inculpatory statements from an accused. The article analyzes and compares the strengths and weaknesses of the applicable legal tests emanating from the right to silence found in section 7 of the Canadian Charter of Rights and Freedoms and the Sixth Amendment right to counsel of the U.S. Bill of Rights. Although in both countries, an accused may seek to have their incriminating statements excluded from evidence where they successfully persuade the court that such statements were elicited by an undercover state agent, police have managed to exploit loopholes currently embedded within the current legal tests. This has consequently led to the admission of incriminating statements and subsequent convictions thus undermining the importance of the relevant constitutional protections. Through a comparative study, this article proposes how to strengthen the current legal tests by closing the loopholes which permit state actors to undermine constitutional protections afforded to criminal defendants.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.886
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.073
GPT teacher head0.273
Teacher spread0.200 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2009
Admission routes2
Has abstractyes

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