I provide experience and expertise that helps other lawyers to focus on the tactical and
procedural elements of the case.
Not exact matches
Ms. Hewitt provides detailed, practical suggestions on many aspects
of a criminal defence file including: analysis
of the Crown's
case; reviewing the information / indictment; considering legal
elements; dealing with co-accuseds; disclosure and production; elections; challenging the
case to be made by the Crown; pre-trial preparations, including
procedural considerations; jury versus non-jury trials; admissions; scheduling; preparing an opening address or summary; pretrial hearings; and running the trial itself, including details relating to issues
of evidence.
In the course
of my Legal Affairs debate last week (available here), I lamented that the Blakely line
of cases has a troublesome «binary» quality because some matters
of relevance at sentencing are getting labeled «
elements» (or the functional equivalent), in which
case the full panoply
of constitutional
procedural rights are deemed fully applicable.
The Divisional Court found in the present
case that there was [at p. 88 O.R.] «that
element of public employment and support by statute that requires us to consider whether or not essential
procedural requirements were observed by the university, its president and Governing Council in carrying out their respective functions with respect to the application
of Mr. Paine for tenure».
Jury instructions function to remind the jury as to the judge's opening remarks but also review the respective roles
of the judge and the jury, the onus and burden
of proof, the
elements of the applicable law tailored to the
case, how the jury ought to assess the evidence including credibility and expert evidence, and
procedural instructions on how to deliberate.