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Evidence

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The Rule in Browne and Dunn – The Confrontation Rule

The rule in Browne v. Dunn, also known as the confrontation rule, is rooted in concerns about trial fairness. The rule states that where a party, in criminal cases usually the defence, is advancing a theory that contradicts the evidence of the witness being questioned...

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Crown Disclosure & Their Obligations in Criminal Cases

What is Crown Disclosure? Crown disclosure is simply the records that are in the possession or control of the Crown Attorney which are relevant and constitute the product of the police investigation or which will likely form the case against the accused. Essentially...

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How Reliable Is a Blood Pattern Analysis

Over the last 10 years, blood pattern analysis (BPA)’s foundation in physics and other fields of science has been called into question [1]. Current BPA reconstruction methods utilize straight trajectories in crime scene reconstruction, neglecting to account for the...

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Yes, You Can be Charged on Witness Statements Alone

When you think of evidence police need to lay charges, you might imagine DNA samples, security video footage, fingerprints, and recorded phone messages. Many people assume witness statements alone are not enough for police to lay charges. That police need more that...

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Types of Evidence and How They Impact Your Case

There are different types of evidence that are available in a criminal trials that can prove or disprove specific facts about the case. The evidence can help establish an issue or fact by the information they provide. For example an accused person's fingerprint at the...

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Can You Be Convicted on Hearsay?

Can you be convicted on hearsay evidence? What is hearsay? Hearsay is a term that refers to statements made outside of the court that cannot be admitted into evidence because they cannot be proven. There is, however, a hearsay exception rule which would allow a court...

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What is Beyond a Reasonable Doubt (BRD)?

Guilty Beyond a Reasonable Doubt (BRD) is the standard for convictions in a criminal trial. A court cannot find that the defendant is guilty of a crime unless the evidence satisfies this standard of proof. But what exactly...

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Can You Be Convicted Without Evidence?

No competent prosecutor will take a case to trial without some form of evidence. In the absence of evidence, a person cannot be convicted and should not be found guilty. This is because of the presumption of innocence that the Canadian Charter of Rights and Freedoms...

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Can You Be Convicted on Circumstantial Evidence?

When most people think of criminal convictions, they think of criminal cases where there was a lot of direct evidence linking the defendant to the crime. However, in some cases, defendants can be convicted based on circumstantial evidence alone. This means that the...

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Can Doorbell Cameras be Used as Evidence?

Smart Doorbell Cameras as Surveillance The “smart home” is a growing trend, using connected devices in the home to increase convenience and home monitoring. They can serve to control everything from lights and thermostats to security, at home, or remotely using...

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Bail For Murder Charges in Toronto

Bail For Murder Charges in Toronto

In Toronto, bail is only granted in exceptional circumstances for those who have outstanding murder charges. In order to be considered for bail, you and your proposed sureties must meet certain conditions set out by the court. If you are unable to meet these conditions, you may be required to...

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Actual Cost of Sexual Assault Charges

Actual Cost of Sexual Assault Charges

Nobody wants to talk about the actual cost of sexual assault charges. Particularly when it comes to discussing the actual costs that serious sexual offences impose on the justice system. This is likely due, in part, to the fact that most people not involved in the criminal justice system don't...

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Drug Impaired Driving – The Best DRE Checklist

Drug Impaired Driving – The Best DRE Checklist

What Is a Drug Recognition Expert? A Drug Recognition Expert (DRE) is a police officer trained to scientifically identify if a person's ability to operate motor vehicle is drug impaired by or impaired by alcohol. They are scientifically trained to determine if a person is driving under the...

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