Author archives: wpengine

Can A President Be Impeached On ‘Hearsay’ Evidence? – “There’s a high likelihood that your conservative friends and family members have become lawyers overnight without so much as incurring a single cent of student loan debt, and they’re all too happy to grace you with their expert-level knowledge of constitutional law.”

Please enjoy this lesson on Hearsay 101. Source: Can A President Be Impeached On ‘Hearsay’ Evidence?

REVERSE DISCLOSURE IN SEXUAL ASSAULT CASES – Already this is problematic. Justice Breen decided that the complainant must testify in chief before the defence has to present the evidence in a mid-trial hearing of admissability. “Reverse disclosure by defence lawyers who say that exposing their defence material in advance will undermine fair trials. With the complainants being permitted access to defence records and their trial strategy in advance, the witness could “tailor” testimony to avoid impeachment.” and “This combination of new rules passed by Bill C-51 combined with the elimination of preliminary hearings by Bill C-75 could make sexual assault trials even more difficult to complete within the time limits set by Supreme Court in the Jordan ruling.” Thank you JWR.

“The integrity of a witness and the credibility of their testimony are brought into question when they gain access to relevant information prior to testifying.” Source: Ontario judge rules that sexual assault trials need to balance the rights of accused – The Post Millennial

HARD CASES MAKE BAD LAW – Efficiency has become the primary consideration in criminal trials. Severe restrictions on preliminary inquiries and the elimination of peremptory challenges to jury selection won’t really speed anything up and are likely to have the opposite effect through years of appeals, re-trials, and wrongful convictions.

There’s a new challenge for Canadian criminal lawyers conducting jury trials, now that they can’t “challenge.” Source: Changes to jury selection praised and panned by lawyers

Orlando Cop Arrested 2 Grade-Schoolers in One Day – “Florida is one of 13 states that have no minimum age for the adult prosecution of children, according to the Equal Justice Initiative. Orange County, where Orlando is based, even arrested a 4-year-old in 2010.”

Both arrests may have violated the police department’s policy of getting a supervisor’s approval before arresting anyone under 12. Source: Orlando Cop Arrested 2 Grade-Schoolers in One Day, and People Want Answers

CANNABIS CONVICTION PARDONS ARE GOOD BUT NOT ENOUGH – “The creation of a mechanism for expungement, both retroactively and forward-looking, is a step in the right direction in finally ending the heavy-handed war on drugs.”

After a month of accepting pardon applications the Canadian federal government has approved 44 out of the 71 applicants of their cannabis convictions. Canada was the second country to fully legalise cannabis for both medical and recreational purposes last year. However, the country still faces a multitude of legal barriers that have hindered consumers and businesses, …

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