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Record W3015945068

Mr.Big: The Undercover Breach of the Right against Self-Incrimination

2019· article· en· W3015945068 on OpenAlexaffabout
Adelina Iftene

Bibliographic record

VenueeYLS (Yale Law School) · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsDalhousie University
Fundersnot available
KeywordsSelf-incriminationLawSuspectPolitical sciencePrivilege (computing)Supreme courtCriminal procedure
DOInot available

Abstract

fetched live from OpenAlex

At common law, the privilege against self-incrimination protects the accused solely against compelled testimony in formal proceedings. Under the Canadian Charter of Rights and Freedoms, the privilege received constitutional protection and a pre-trial right against self-incrimination was subsequently created. The Supreme Court of Canada (SCC) stated in the early 1990s that the principle against self-incrimination is a principle of fundamental justice under s. 7, “perhaps the single, most important organizing principle of criminal justice”. This allowed for the protection of the accused against compelled confessions outside of the narrow context of formal proceedings.Despite the significant developments of the protection against self incrimination, limitations to its application remain. The present chapter will address one of these limits: the exclusion of individuals subjected to Mr. Big undercover operations from the protection of the right against self incrimination under s. 7, on the basis that its application is limited to confessions obtained while the individual was in state detention. In order to assess whether a legal protection should apply to a certain situation, one ought to look at the rationales for which the protection exists and how that pairs with the situations at issue. I will argue that, despite the suspect not being in physical state detention, the very basis on which Mr. Big operations function violates all rationales behind the right against self-incrimination.

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 machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.005
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: none
Teacher disagreement score0.040
Threshold uncertainty score0.079

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.005
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.000
Science and technology studies0.0060.010
Scholarly communication0.0050.003
Open science0.0010.003
Research integrity0.0080.006
Insufficient payload (model declined to judge)0.0050.002

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 head0.018
GPT teacher head0.273
Teacher spread0.254 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreCommentary

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
Published2019
Admission routes2
Has abstractyes

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