NUANCES OF THE LAW OF EVIDENCE – Want to be your own lawyer?

NUANCES OF THE LAW OF EVIDENCE – Want to be your own lawyer? Would you have objected to this? The Crown asked the accused what was his theory of what happened. This is objectionable because the question suggests that the accused has an obligation to provide a satisfactory theory or should be found guilty in the failure to do so, which undermines the presumption of innocence. A good trial lawyer will protect you from such improper questions and inferences. R. v. Dhaliwal

Source: CanLII – 2016 ONCA 652 (CanLII)

MISUNDERSTANDING THE CRIMINAL JUSTICE SYSTEM -Why Nova Scotia woman regrets reporting sexual assault

This is just another example of someone who fundamentally misunderstands the purpose and functioning of the criminal justice system and as a result has unrealistic expectations of the process. “There is a common misperception that the Crown is the victim’s lawyer. Not so. The Crown represents the public interest and his or job is to present the evidence fairly.” “If she had, (understood) she would have sought the help she needed rather than getting the authorities involved.”

Despite the successful trial, Shannon Graham said the two-year journey through the legal process has been punishing and she was treated ‘like a piece of evidence’

Source: Why Nova Scotia woman regrets reporting sexual assault: ‘I got the conviction…. And yet, he’s out free’ | National Post