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Full-Text Articles in Law
Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet
Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet
Articles, Book Chapters, & Popular Press
Over a series of decisions, the Court has been backing itself into a corner with its section 8 jurisprudence. Section 8 protects against unreasonable searches. Since the earliest ruling on the section in Hunter v. Southam} searches are prima facie unreasonable if they take place without a warrant. Thus, before conducting a search, police must have a warrant. Before getting a warrant, police must have information about the accused. Obtaining information about the accused probably involves conduct that qualifies as a search. Thus for example in K. v. Kokesch, R. v. Wiley, and R. v. Plant, perimeter searches, conducted in …
Conflicting Stories And Reasonable Doubt: Variations On W. (D.)'S Theme, Steve Coughlan
Conflicting Stories And Reasonable Doubt: Variations On W. (D.)'S Theme, Steve Coughlan
Articles, Book Chapters, & Popular Press
Whether the guilt of an accused has been proven beyond a reasonable doubt is always a difficult issue, particularly so when the accused has testified. There is little difficulty when an accused's exculpatory testimony is accepted by the trial judge, since that of course leads unambiguously to an acquittal. More complex is the situation where a trial judge does not simply accept the accused's version of events — that is, most of the time. In those circumstances, trial judge must embark down the twisty road of deciding whether disbelieved testimony can nonetheless result in an acquittal, or alternatively whether an …
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan
Articles, Book Chapters, & Popular Press
In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …