Also, it is not the Crown's main priority to get a conviction. Their main duty is to see that justice is done.
You might be surprised to know that the Criminal Bar is very cordial. Crown and defence are not enemies. They work together often and understand each other's roles. It is not unusual to see them meeting for lunch, drinks, or becoming good friends. Many criminal lawyers have served in both capacities - Crown and defence.
Cruel and unusual means defence counsel is seeking sentences that are fairly consistent with established laws and precedents, taking into account many other sentencing factors:
There are a number of sentencing principles found in sections 718.1 and 718.2 of the Criminal Code:[6][7]
The sentence must be proportionate to the nature of the offence.
The sentence must be reduced or increased depending on the mitigating and aggravating factors (discussed more below).
The sentence must be similar to sentences imposed on similar offenders for similar offences in similar circumstances, but it remains open to the sentencing judge to deviate from the range.[8]
If the sentence is consecutive, it must not be unduly long or harsh.
An offender should not be deprived of their liberty if less restrictive sanctions are appropriate.
All available sanctions other than imprisonment that are reasonable in the circumstances should be considered, with particular attention for aboriginal offenders.
Well I know I don't want to get into an endless debate with a lawyer, lol! However I will say this...the actions of defense lawyers often don't seem to be in keeping with the words that are used to describe the role in my opinion.
Lets hope justice is served appropriately in this case.
We're veering way off, but I have to ask how many defense Lawyers would eventually end up having mental issues and breakdowns.
I mean as much as we talk about dispassion, or defending against illegal or oppressive or unconstitutional prosecutor and police tactics.
someone wouldn't be human if they didn't feel guilt about getting a guilty murderer off, or getting a convicted pedophile a short sentence.
I can't speak specifically to defense Lawyers, but there are lots of stats, studies, and articles about lawyers in general having a higher incidence of alcoholism/drug abuse, depression, suicide, etc. (anywhere from 2 to 5 times higher than the general population).
I would imagine criminal lawyers would have to be pretty grounded to do what they do on a daily basis. The stress would surely add up though...
I can't speak specifically to defense Lawyers, but there are lots of stats, studies, and articles about lawyers in general having a higher incidence of alcoholism/drug abuse, depression, suicide, etc. (anywhere from 2 to 5 times higher than the general population).
I would imagine criminal lawyers would have to be pretty grounded to do what they do on a daily basis. The stress would surely add up though...
I can't see family law being that enjoyable either? A lot of law seems like a lot of conflict and I think that would be difficult to deal with all the time.
What happens when a crime committed in Calgary requires an investigation outside of their jurisdiction? Do the RCMP handle it? Do CPS "send their people"? Is it joint? Do they work together, or is any of that Hollywood BS true, where the local force gets butthurt when the feds show up?
What happens when a crime committed in Calgary requires an investigation outside of their jurisdiction? Do the RCMP handle it? Do CPS "send their people"? Is it joint? Do they work together, or is any of that Hollywood BS true, where the local force gets butthurt when the feds show up?
Living out here during the whole search for the Liknes' and Nathan, and the subsequent searching of the property, we had both the Calgary police service and the RCMP attending. I suppose in this particular case, it's possible there might have been butthurt, because hey, humans, but whenever you saw any of either group in town, they generally spoke quite highly of each other. We (speaking generally here, not specifically of myself) saw a lot of them in Tim's and other fast food establishments. People were bending over backward to try and buy them all coffee and meals and such. I witnessed people thanking them for doing what they were doing on the case, and if it was a CPS member, they always brought up the RCMP and their work and support and vice versa.
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The discussion about whether the accused tells their lawyer the full truth is interesting.
I expect criminal defence attorneys have a standard spiel they give to their clients before they ask questions, to provide the client the understanding that what the client tells them might have implications for the nature of the defences raised if a trial proceeds.
I'd invite some actual criminal defence attorneys to chime in if they'd like, but as I understand it, an admission from your client as to having actually committed the crime does not prevent you from challenging and testing all of the evidence. However, if you know by admission your client is guilty, you as lawyer are prohibited from suggesting someone else did the crime. And that seems appropriate to me. The defence lawyer is not there to do injustice, but rather to hold the Crown to high standards for conviction.
A lawyer can not mislead the court, nor can they counsel an offense. Consider this in light of the criminal charge that can arise from refusal to blow on a breathalyzer. My understanding is that a lawyer can not counsel someone to not blow, because that is in itself an offense-- refusing to blow is legally equivalent to blowing over in many cases. They can however let the detained person know the possible outcomes and effects of blowing (which might provide evidence against you) and then let the accused decide what to do.
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Sickening, two separate testimonies now about seeing teeth on the floor in the house! How violent that must have been, it's devastating to think of the horror that family has to deal with, knowing these things.
Day 7 of the trial - Disturbing evidence today. Read at your own discretion.
NSFW!
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Valerie Fortney @ValFortney 1h1 hour ago
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A hacksaw found in one of the outbuildings appeared to be very clean and shiny; most other items inside were dusty, dirty. #Garland
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Valerie Fortney @ValFortney 1h1 hour ago
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Leather restraints, "very new and recently purchased," were found in outbuilding 1, says Oxton. #Garland
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Valerie Fortney @ValFortney 1h1 hour ago
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More handcuffs, shackles, other restraints, found in an outbuilding on #Garland farm, photos of exhibits show.
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Valerie Fortney @ValFortney 55m55 minutes ago
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"What appears to be a number of leashes," also found, are being shown on screens. #Garland
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Valerie Fortney @ValFortney 48m48 minutes ago
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Smaller components for a gun; another dagger in a sheath, two Taser cartridges that are "similar" to what police use. #Garland
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Valerie Fortney @ValFortney 44m44 minutes ago
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Another box, containing "significant amount of locksmithing parts ... tool picking equipment" also found in rafters of bldg on #Garland farm
Garland is one of the biggest losers I've read about in ages. Lives with mom and dad, murders a child and two adults over a stupid patent that no one profited from. Just ridiculous.
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Nancy Hixt @NancyHixt 2m2 minutes ago
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The prosecution told the jury in it's opening statement that DNA from Kathy Liknes was found on meat hooks found at the #Garland farm
I have to give props to all the media attending this trial and relaying all the information to the public. Something I wouldn't want to do.
Nancy Hixt @NancyHixt 3m3 minutes ago
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two mannequin heads found in #Garland office with blonde wigs -also multiple pairs of women's size 13 shoes
Nancy Hixt @NancyHixt 2m2 minutes ago
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Oxton- reusable adult diaper found in closet of the office in #Garland basement
Nancy Hixt @NancyHixt 12m12 minutes ago
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Oxton said they seized an electronic listening device in the #garland basement, as well as two large whips/cattle prods
Oxton detailing other items found in #Garland basement-including a straight jacket
Nancy Hixt @NancyHixt 15m15 minutes ago
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Oxton said a number of documents were also found hidden in the rafters--with the name Matthew Hartley on them #Garland
Nancy Hixt @NancyHixt 20m20 minutes ago
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Oxton said a computer hard drive was found to be tucked away in the rafters of the #Garland basement
Nancy Hixt @NancyHixt 10s11 seconds ago
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Oxton-books on how to commit murder and not be caught found in #Garland office -also “Be your own undertaker-how to dispose of a dead body”
