The case against my client involves four different bare bones descriptions plus a license plate of a vehicle he does not have exclusive use of. Police arrest him and interview him, which is video recorded. Identification is the issue. The police officer writes a “confidential memo, not to be disclosed to the defence” to the Crown saying my client confessed to committing the crime. In the interview they ask him if he committed the crime. His reply was “NO”! Period. This isn’t just lying by the police officer, it’s an attempt to obstruct the course of justice.
PROSECUTORS CAN BE TOO VIGOROUS – When Prosecutors Believe the Unbelievable
When prosecutors believe the complainant contrary to the evidence ….. then it all goes very very wrong. I know a couple of Crown Attorneys who need to read this.
Source: Mark Weiner conviction vacated: Chelsea Steiniger text case finally overturned.
WHEN YOU’RE ANGRY – just STOP for a moment.
BREAKING CUFFS – A tip for my clients.
A tip for my clients. He learned to do this when he was 13 years old.
Wtf? How in the world does he do this?
Source: Filming Cops – Cops Can’t Arrest Badass Guy Because He Keeps…
Victim surcharge challenged in B.C., Ontario | Metro
VICTIM SURCHARGE – It is a fee added to every conviction that Harper has made mandatory regardless of ability to pay. We will continue to fight it being mandatory. “The fines place an unnecessary and disproportionate burden on people who are poor. The reason why the judges, I think, are finding creative ways to try and bring fairness back into the system is because these are the people who hear and see the homeless individual who has no money, who is faced with what can be, for them, a back-breaking fine for minor offences.”
OTTAWA – Defence lawyers say mandatory victim surcharges being imposed on destitute offenders are destined for the Supreme Court of Canada as fierce legal battles play out in lower courts in British Columbia and Ontario.
Source: Victim surcharge challenged in B.C., Ontario | Metro
‘Cultural gap’ not a reason for lighter sentence for Iranian immigrant guilt of raping wife, beating children: court
To all of my friends and clients from other lands with cultural differences and mores, be aware of the fact that your actions will be judged here according to Canadian values with no discount or credit given for the “cultural gap”.
Too funny! “How do they get the stuff into the prison? We don’t know.”
KILLING AN UNBORN CHILD – Father of unborn child killed during mom’s murder wrestles emotions, wants new law | Windsor Star
– Although you can feel it kick and hear it’s heart beat and watch it develop, our law says that “a child becomes a human being when it has completely proceeded in a living state from the body of it’s mother”. Our society has adopted this value to be able to say abortions are not murder. As a result, killing an unborn child by other means is likewise not killing a human being and is therefore also not murder. We can’t have it both ways. Once we make these value judgments we have to live with the consequences as illogical, offensive and painful as they are.
Source: Father of unborn child killed during mom’s murder wrestles emotions, wants new law | Windsor Star
MICROSCOPIC FORENSIC TESTING IS NOT AS RELIABLE AS YOU MIGHT THINK
– FBI recently said that “most of the experts in hair microscopy gave flawed testimony during a 25-year period, potentially affecting more than 3,000 defendants. In one particularly egregious case, two FBI forensic experts confused a human hair with a dog hair. The defendant served 28 years in prison before DNA evidence exonerated him.” The same problem exists with “other so-called eye-balling techniques such as bite marks, ballistics, and even fingerprints.”
“This is a mass disaster.”
Source: It’s terrifying that prosecutors are relying on hair microscopy – Business Insider
EYEWITNESSES AREN’T AS RELIABLE AS YOU MIGHT THINK
– “Careful studies have demonstrated that, regardless of the level of certainty an eyewitness expresses at the time of original identification (which itself may be affected by numerous factors), a witness’s confidence in the correctness of the identification steadily increases over time. This occurs for psychological and cognitive reasons that have nothing to do with the accuracy of the identification, such as reinforcement of a witness’s beliefs by law enforcement and accounts of events promulgated by attorneys and news media.”
They aren’t as reliable as you might think.
Source: Eyewitnesses aren’t as reliable as you might think – The Washington Post