Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Law
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
Faculty Scholarship
No abstract provided.
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …
Common Law Police Powers And Exclusion Of Evidence: The Renaissance Of Good Faith, Steve Coughlan
Common Law Police Powers And Exclusion Of Evidence: The Renaissance Of Good Faith, Steve Coughlan
Articles, Book Chapters, & Popular Press
Canadian courts have become far more willing in recent years to rely on the common law as a source of new police powers. Where once the test from R. v. Waterfield was an exception and an afterthought to what was otherwise the general rule of insistence upon statutory sources for police powers, more recently that test seems to be in the forefront of judges' minds as they decide cases. That 1963 British decision has been cited by Canadian courts roughly as often in the last eight years as in the first 35 years after it was decided. Since 1999 the …
Privacy Goes To The Dogs, Steve Coughlan
Privacy Goes To The Dogs, Steve Coughlan
Articles, Book Chapters, & Popular Press
It becomes increasingly clear, with the decision of the Newfoundland Court of Appeal in R. v. Taylor, ante, that the question of whether police use of sniffer dogs constitutes a search, and if so when, will need to be addressed by the Supreme Court of Canada. In particular the question of whether R. v. Tessling has changed the approach to reasonable expectation of privacy as dramatically as some courts have suggested must be settled. Other questions will also need to be addressed.
The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus
The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus
Faculty Publications
No abstract provided.