Police interrogations can violate a person's rights and involve coercive techniques that may lead to false confessions, highlighting the importance of protecting individual rights and ensuring that interrogations are conducted within constitutional limits Questions to inspire discussion Right to Silence 🤐 Q: What is the fundamental right to silence in Canada? A: The right to remain silent when questioned by police is protected by Section 7 of the Charter, tied to the presumption of innocence and protection from self-incrimination. 🚗 Q: Are there exceptions to the right to silence? A: You must provide information in specific scenarios like operating...
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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 The hosts analyze Professor Elaine Craig's unpublished article from the Dalhousie Law Journal, which argues against the reliability of sexting to infer sexual intention or consent.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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#Podcast #law #MeToo
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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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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
A lawyer shares a successful defense strategy in a challenging case, highlighting the importance of addressing unfavorable evidence, analyzing client statements, and providing alternative explanations to achieve a not guilty verdict Questions to inspire discussion Evidence Handling 🔍 Q: How should unfavorable evidence be addressed in a defense? A: Lean into unfavorable evidence head-on, making it part of your defense narrative and cross-examination to build a strong defense, especially when dealing with problematic statements or after-the-fact conduct. 📊 Q: What's the best approach to reviewing police statements? A: Carefully review police statements multiple times to parse out what's really...
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...
