Justice RSS
EP#137 | The Capacity to Consent
The complexities of capacity and consent, particularly in cases involving intoxication and memory loss, necessitate careful communication and evaluation of evidence to determine the validity of consent in legal contexts Questions to inspire discussion Legal Obligations and Defenses 🧑⚖️Q: What is a trial judge's responsibility regarding defenses? A: A trial judge must present all defenses with an "air of reality" to the jury, even if not raised by the defense, to provide necessary tools for reaching a decision based on trial evidence. 🤔Q: How does the defense of "honest but mistaken belief in consent" work? A: It's a denial...
Why the Timing of an Allegation is So Important
The timing of sexual assault allegations is crucial for assessing their credibility and the motivations behind them, as delays can complicate legal proceedings and affect both victims and the accused Questions to inspire discussion Timing and Credibility in Sexual Assault Cases 🕒Q: Why is the timing of a report crucial in historical child sexual assault cases? A: The timing is relevant to assess the complainant's credibility and reliability, especially when there's a significant time lapse between the alleged events and the report, as it can impact the court's evaluation of the allegations. 🔍Q: How does the absence of detailed evidence...
Colorado Cops Arrest Man For Not Talking, Cost The City $290,000
Beware of the Vanishing Messages
The handling of evidence, particularly in sexual assault cases, is critical for ensuring justice, as selective messaging and the deletion of communications can distort context and impact the understanding of consent Questions to inspire discussion Legal Strategy in Sexual Assault Cases 🔍Q: How can defense lawyers challenge selective evidence in sexual assault cases? A: Defense lawyers can use forensic extraction to recover missing messages and provide a more accurate narrative, countering the prosecution's use of selective messages from the complainant's phone. 📱Q: Why are text messages crucial in establishing consent? A: Text messages provide relevant evidence of the complainant's...
EP#134 | The Fruit Salad of Issues: Cancel Culture, Diddy, & The Liberals
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