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SOC 3730 (86)

March 7.docx

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SOC 3730
Michelle Dumas

March 07, 2013 Continued from last week’s lecture AND films for paper Alibis – proof (support) - Olsen and Wells - Purpose - Types of Proof o Physical o Person - Social psychological o Who gives the alibi (an ex-convict won’t have the same ability as a non-convict) Alibis – believability 1) physical evidence a. none b. easy to fabricate (I was at home watching this TV show at this time – could be recorded, etc.) c. difficult to fabricate (video surveillance with date and time stance to say that you were somewhere else) 2) Person evidence a. Stranger – issues of risk of misidentification – no motive to lie – if hey say they saw you, they probably did. Issue? Did they see you, or someone that looks like you? b. Similar relation – they know you but may have motive to lie c. Familiar – acquaintances familiar with you but have no motive to lie – teller at the bank you see at every Friday – the Tim Horton’s Results - physical evidence o difficult to fabricate – overwhelmingly supported over all-person evidence – makes it essentially believable that you have an honest alibi that you did or did not commit the crime o easy to fabricate – trumped person evidence as an alibi – cash receipt from a pizza delivery for example - person evidence o strangers were seen as being more credible in some circumstances even with the possibility of misidentification - believability o related to presumption of guilt of person – if they believed the person really was guilty then they were less likely to believe the evidence (??) - totality of evidence o overall physical evidence was seen as better then person evidence Closing Argument - section 651 (CC) o who says closing arguments first - defence o evidence – defence first, pros last March 07, 2013 Continued from last week’s lecture AND films for paper o no evidence – pros goes first and defence goes last - closing o offer reasonable inferences about evidence is congruent with their narrative (i.e. crown this person is guilty, defense this person is innocent) - disallowed o not allowed to comment on evidence that was not used in trial o cannot make reference to defendants prior criminal history or convictions (can only bring it upon after they have been convicted and now they are going for sentencing) Charge to jury - judge instructs jury o elements of offence o evidence required o degree of proof - relevant laws and evidence - reasonable doubt Instruct juries on procedures 1. definition of crime 2. presumption of innocence 3. burden of proof 4. reasonable doubt Film Number 1: “Close to Home” From the crown attorney: - girl in drive thru using ATM – can’t reach, get’s out to use the ATM – guy comes around with gun – held at gun point – kids in the car still o white female, brown hair o man with gun: white male, brown hair, brown eyes – Calvin Riggs - cops chase, accused ditches car, gets out and guns o police officer loses sight of him o finds him in a nearby video arcade – identified by the women victim while she’s in back of cop car with child - (Kayley’s thoughts: he has committed an indictable offence. This is a true crime because both actus reus and mens rea were involved together. - they call him C-Mac on the street o he’s a violent predator o robbery victim – 72 years old – pistol shot the man in the skull - that’s two strikes – one more, and he will be put away for life - trials in two days - defence lawyer – Doug Halliver (?) - they all work as a team, whatever it takes they want Calvin Riggs gone - no video cameras in arcade - cameras in ATM area, can’t tell it’s him March 07, 2013 Continued from last week’s lecture AND films for paper - no prints in the car either - victim testifys in court o i gave him permission to take the money o he grabbed my keys, pushed me away o tried to fight but I could not - do you see the man that took your courtroom today? o She identifies him - Defence cross-examination o I could see what happened and who it was o Def – the nearest streetlight was 30 feet awat o I know what I saw o Def – what did the gun look like? o Gun had black handle and silver gun o Def – were you scared? o Yes o Def – could you have been in shock? o That’s not fair o Def – my client is fighting for his freedom!! - Security guard talking to one of the crowns o Saw the male run in and pretend he was there at the arcade - Police officer testifying o 80 mph o chased him, got out of car, ran into arcade place, police officer when in after him and arrested him o def – did you lose sight of him? o P.o. – not for long. Soon as I got in the arcade the security guard nodded over to the direction in which the accused was standing at a game machine. o Def – what was he wearing? o P.o. tells him o Def – so my client was in the wrong place at the wrong time, wearing the same coloured shirt?! - (Kayley’s thoughts: this is a deductive argument coming from the police officer’s testimony. He essentially argues that, although he lost sight of the accused, he was able to identify him based upon his clothing description. He acknowledged that the suspect was wearing a white t-shirt and jeans, so that the man in the arcade who was also wearing a white t-shirt and jeans must be the suspect. - Security guard gets shot going back to work o Critical but stable o He was having police protection, so the police officer saw the whole thing (aka the shooting) - Mac 10 (the tattoo on the accused) – gangs way of saying they don’t make them like us anymore - Security guard in hospital still March 07, 2013 Continued from last week’s lecture AND films for paper o Does not want to testify anymore o Crown asks him, do you know who did this? o He says, you know who did. I’m out. o He is scared of Rigs - Judge does not allow for the jury to be told that a witness (the security guard) was shot during the ongoing trial o Judge will not allow the jury to know why even though the bullet casing of the crime scene was a Mac 10 gun (Mac 1
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