Due to the accuracy of the start and end times of the recording in the “interrogation room,” the detectives apparently assumed that the “interview” process they conducted at the time had a clear beginning and end. It required a high degree of formality and precision. The exclamation sotto voce in the camera by one of them reinforced this understanding. Of course, the detectives may have been wrong in their understanding. It is clear that the title of the exhibit in which the “interview” was first conducted cannot alone determine the legal nature of the conversations that followed there and elsewhere. But for me, the sequence of events at the police station could inform the mutual understanding of the parties involved about the “interrogation”, the nature of which the courts had to clarify in order to decide whether the resulting recorded conversations were objectively in accordance with the law and were admissible or not. The place of law through equity in the development of the modern approach to the interpretation of law goes beyond the present topic. But the modern rejection of a literalist approach finds its echo, if not its roots, in the conception of the justice of the Statute. [8] The work of equity, except within its exclusive jurisdiction, was intended to improve or supplement the application of the rule by statute or statute. Aristotle defined the very essence of justice as the correcting of the law by compensating for the necessary lack of universality of the rule of law. [7] It is about improving the application of the abstract with reference to principles derived from values derived from human experience and a sense of right behavior. The requirement that evidence be “videotape” revived another specific definition of the Code, namely section 570(1). In that case, the term “videotape” was defined for these purposes as “any videotape on which an interview is recorded.” Thus, the requirement that a suspect`s taking of evidence of a serious crime be recorded on “videotape” has led to the requirement that confessions be recorded in the specific form of “interrogation”.
It follows that the outcome of Mr. Carr`s appeal was primarily the meaning of the term “interview” in the factual context. On this issue, the High Court was essentially divided. The aforementioned developments have begun to influence legal education, including in Australia. In the 19th century, Harvard Law School in the United States of America was the first to use the fallbook method to teach law to its students. This method spread throughout North America and greatly influenced the teaching of law to 20th century students in Australian law schools. Law was often taught from books that contained lengthy excerpts from judicial explanations of common law or constitutional principles, as well as important or illustrative statutes. Legal statements were equally attractive to teachers and law students because they often contained elaborations and explanations; illustrations and examples; descriptions of the relevant historical context; and occasional discussion of legal guidelines and objectives. All of this has been done with the rationality and persuasion that judges have generally shown, at least in the eyes of most members of the legal profession. These were virtues that were not perceived either in parliaments or in their production: legislation.
For this reason, I extracted more factual details, including bravery and swearing, that were evident in the prison conversation. This could then be contrasted with the much more formal, professional and formal nature of the interview in the previous “interview room”. If there was an element of formality inherent in the legal notion of “interview”, it was certainly present in the recording in the “interview room”. But it was missing in the conversation recorded behind closed doors. The interaction between legal meanings and factual circumstances has been identified in several contexts. [33] Factual evidence is sometimes useful in assessing the meaning and application of the law. [34] A repeal is the removal of a statute or a provision of that statute from the code of law. When a disposition is cancelled, a new publication is prepared for deletion.