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EP#162 | Can Sexting Determine Sexual Intention?
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Episode 162 of the Not on Record podcast, hosted by Joseph and Michael, delves into a nuanced legal discussion surrounding the admissibility of sexting and digital sexual communications in determining sexual consent. The episode begins with a lighthearted conversation about watches, particularly the 1983 Seiko ultra-thin quartz, before transitioning into an intense debate about academic perspectives and case law. The hosts analyze Professor Elaine Craig's unpublished article from the Dalhousie Law Journal, which argues against the reliability of sexting to infer sexual intention or consent. They discuss two key cases—Reimer and MA—with emphasis on Justice Pachaco’s ruling in Reimer, which supports the relevance of prior sexual communications in assessing consent during alleged incidents. Joseph and Michael critique Craig’s position, highlighting her argument that digital sexual communications often lack reliability due to their stylized and performative nature. The podcast balances legal analysis with personal commentary, offering insights into the complexities of interpreting consent in the digital age while maintaining a dynamic and engaging tone throughout.
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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
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#Podcast #law #MeToo
EP#170 | Weinstein: The #MeToo Retrial
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In this episode, Joseph, Michael, and Diana break down the retrial of Harvey Weinstein, exploring the legal complexities, shifting public narratives, and broader implications for the justice system post-MeToo. The team examines why Weinstein’s original conviction was overturned, the evidentiary changes in the retrial, and how cultural forces—particularly the MeToo movement—have shaped legal strategies, jury dynamics, and media portrayals. They weigh the dangers of trying morality instead of legality, the tension between due process and public sentiment, and whether Weinstein’s interviews outside the courtroom are a strategic move or a red flag. Citing commentary from figures like Joe Rogan and Candace Owens, the hosts ask: is Weinstein being retried, or is society putting itself on trial?
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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
#Podcast #law #MeToo
EP#166 | Breaking Down Another Big Win
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In episode 166 of Not on Record, hosts Joseph and Michael delve into a law school-style hypothetical involving a trial with a crucial audio or video recording that's difficult to understand due to accents or unclear articulation. The core issue arises when the judge, after submissions, privately re-examines the recording and arrives at a different conclusion than what was presented, without informing counsel. During trial a trial judge made several errors, including a sweeping generalization about an arranged marriage and misinterpreting "slept" as "slapped," deeming it a Freudian slip. The hosts emphasize that an accused person has the right to know the case they must meet and the evidence being used against them.
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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753
SoundCloud: https://soundcloud.com/notonrecord
Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
#Podcast #law #MeToo
Why You Shouldn't Put Your Character on Trial
Character evidence in sexual assault and domestic abuse cases is complex and often inadmissible, requiring careful consideration to ensure fair trials while balancing the relevance and prejudicial impact of such evidence Questions to inspire discussion Evidence in Sexual Assault Cases 🔍 Q: How effective is good character evidence in sexual assault trials? A: Good character evidence is of exceptionally limited value in sexual assault cases, rarely proving or disproving what happened behind closed doors. ⚖️ Q: What are the risks of introducing good character evidence? A: Introducing good character evidence can backfire by allowing the crown to bring in...
EP#161 | False Accusers Caught by Video Evidence
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In Episode 161 of Not on Record, Diana and Joseph dissect a recent sexual assault case where their client was acquitted due to critical inconsistencies in the complainant's testimony, which was undermined by dash cam footage and phone records. The complainant alleged a 12-minute assault, choking, and forcible confinement at her workplace, but the defense presented dash cam evidence showing the accused being waved into the office, another person entering during the alleged assault, and the accused leaving within a timeframe that contradicted her account; additionally, a five-minute phone call she made to her father during the alleged assault further weakened her timeline. Confronted with this evidence during cross-examination, the complainant was forced to admit details she previously denied, leading the defense to argue that the allegations were fabricated to preempt a racial discrimination complaint filed against her, and ultimately leading the judge to deem her testimony unbelievable and acquit the defendant.
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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753
SoundCloud: https://soundcloud.com/notonrecord
Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
#Podcast #law #MeToo
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