Appearing Fair with Self-Represented Accused

The report “Judge removes accused murderer from trial” exemplifies many things, including the fact that self-representation is not generally a good idea. Prior to being outright removed from his own trial, the accused’s cross-examination technique had been one of the problems facing Mr. Justice Clark [no relation to this writer]. As reported: “Mr. Kassim. Now … Continue Reading →

“In fairness to Dr. Smith..???!!!”

I while back I sent a Globe and Mail piece to Twitter as follows: In the post-Charles Smith world, justice seems tempered by fear http://t.co/1gXfMTp via @globeandmail “In fairness to Dr. Smith..???!!!” Thank goodness the Globe and Mail has now made the piece unavailable (except for subscribers to GlobePlus). The full quotation referred to was … Continue Reading →

Plea Bargains For ‘Less Serious’ Cases Are a Different Problem

Kirk Makin recently reported “Top jurist urges review of ‘coercive’ plea bargaining system” (Globe and Mail, Mar. 07, 2011: http://www.theglobeandmail.com/news/national/top-jurist-urges-review-of-coercive-plea-bargaining-system/article1933161/; see also http://www.thestarphoenix.com/news/Crime+agenda+increasing+abuse+plea+bargains/4414077/story.html) Among other things, Mr. Makin noted that “Judge Rosenberg told a weekend legal conference that plea bargaining is the result of “a big lie”: the legal system’s claim that defendants will not … Continue Reading →