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Evidence

Articles Under This Category

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 kinds of evidence, you may imagine DNA samples, fingerprints, and recorded phone messages. Many people assume witness testimony can’t make a case, but in fact, eyewitness statements are actually the most common forms of trial evidence.  In this...

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Types of Evidence and How They Impact Your Case

Evidence is used in a trial to establish and prove or disprove specific facts about the case. They help prove if something is true or false by the information they provide. The accused’s fingerprint at the crime scene is a type of evidence that demonstrates that they...

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Can You Be Convicted on Hearsay?

Hearsay is a term that refers to statements heard outside of the court that cannot be admitted into evidence because they cannot be proven. There are, however, exceptions to this where the court will consider hearsay as evidence during a trial. This post will delve...

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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. This is because of the presumption of innocence that the Canadian Charter of Rights and Freedoms provides. The presumption of...

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Can You Be Convicted on Circumstantial Evidence?

Circumstantial evidence is sometimes misunderstood as being less valid than direct. However, some of the most compelling types of forensic evidence, such as fingerprints, DNA, and blood analysis, are circumstantial.  Circumstantial VS Direct Evidence Direct Direct...

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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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Can Police Search My Cell Phone Without A Warrant? 

We have developed a special relationship with our phones. While they are indispensable tools in our hands, they carry sensitive and personal information that is potentially dangerous in the hands of others. Due to the personal nature of our phones, police are...

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Seizing Evidence Without A Warrant: Plain View Doctrine

  Everyone has the right to be secure against unreasonable search or seizure. - Section 8 of the Canadian Charter of Rights and Freedoms This is a fundamental right enshrined in the Canadian Charter of Rights & Freedoms which protects us all against the government...

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Diversion For Criminal Charges in Ontario

Diversion For Criminal Charges in Ontario

Many individuals facing criminal charges have questions about alternate methods of making up for the harm caused by their alleged crime instead of a prison sentence. In this post, we’ll examine what is meant by diversion, go through the diversion procedures and discuss who is eligible and what is...

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