Joseph Neuberger RSS

The hosts, who are likely lawyers or legal professionals, share their experiences and successes in defending clients against sex assault allegations, highlighting the importance of careful questioning, professional cross-examination, and scrutinizing witness credibility in achieving not guilty verdicts   Questions to inspire discussion Cross-Examination Strategies 🔍 Q: How can defense attorneys effectively use cross-examination in sexual assault cases? A: Focus on exposing inconsistencies in testimony, use digital evidence like text messages, and employ a "good cop" strategy by asking about what's not present in the case. 🕵️ Q: What's the "good cop" cross-examination strategy? A: Gently ask questions to get...

The Supreme Court of Canada has established new rules regarding the use of evidence of a complainant's sexual inactivity in sexual assault trials, making it presumptively inadmissible and outlining a specific procedure for its potential introduction   Questions to inspire discussion Legal Procedures 🏛️ Q: What new procedure must the Crown follow for sexual history evidence? A: The Crown must now follow a two-stage procedure for admitting sexual history evidence, including preparing a written application detailing the evidence and its relevance, providing fair notice to the accused at least 7 days before trial. ⚖️ Q: How has the Supreme Court...

Obtaining and verifying consent is a crucial and nuanced process that requires care, respect, and clear communication to avoid misunderstandings and potential legal consequences Questions to inspire discussion Consent Basics 🤝 Q: How should consent be communicated during sexual encounters? A: Consent must be communicated at the time of each sexual act, not just once, and can be expressed through words or actions, not necessarily verbal enthusiastic consent. 🧠 Q: Who determines if consent was given? A: Consent is subjective to the complainant's state of mind, as only the complainant can know their own state of mind during the encounter....

The ongoing bail reform discussions in Canada raise concerns about potential wrongful accusations and systemic issues in the justice system, particularly regarding intimate partner assault and the treatment of detainees awaiting trial   Questions to inspire discussion Bail System Challenges 🏛️ Q: What percentage of people in Ontario's provincial facilities are awaiting trial? A: 80% of people in Ontario's provincial facilities are awaiting trial, often for months or years, due to denied bail and delayed bail hearings. ⏳ Q: How long can bail hearings take to obtain? A: Bail hearings can take days or weeks to obtain, contributing to the...

In sexual assault cases, a defendant's claim of "honest but mistaken belief" of consent is only valid if they took reasonable steps to confirm consent, and this requirement can have implications for how burden of proof is understood and applied   Questions to inspire discussion Legal Framework 🔍 Q: What is the "honest but mistaken belief in communicated consent" defense? A: It's a structured defense codified in Section 273.2(b) of the Criminal Code, requiring the defendant to prove they reasonably believed the complainant communicated consent through words or conduct and took reasonable steps to confirm it. ⚖️ Q: How does...