Uncategorized
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Eliminating peremptory challenges puts judges in charge
Criminal Code reforms being rolled out this fall include the elimination of peremptory challenges — where trial participants can reject a certain number of potential jurors without stating a reason — which Toronto criminal lawyer John Rosen says will cause “chaos in the courts.”
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Decision on testifying at trial weighs heavily on appeal
One of the biggest strategic decisions a trial lawyer can make that will affect a possible appeal is whether to advise their client to testify… Read more
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Protect record during trial in view of possible appeal
Lawyers conducting a criminal trial should always think about how to protect the record for a possible future appeal… Read more
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Reflecting on evolution of murder trials over five decades
Drawing on five decades of experience in representing people accused of murder, Toronto criminal lawyer John Rosen says Ontario’s judicial system has evolved into one of the best in the world. “It is a dynamic system, where every participant — defence counsel, Crown attorneys, judges, and police…
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Lawyers must not be punished for representing any client: Rosen
The decision by the dean of Harvard College to not renew the appointments of two faculty deans because one of them is representing a reviled criminal defendant is “outrageous and an affront to the fundamental principles of criminal justice necessary for any free and democratic…
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LSO statement of principles likely to fall: Rosen
Ontario lawyers are already obliged to uphold the law in an unbiased and impartial manner, whether with their colleagues or the public, so it is understandable why many are upset that they have to endorse a statement of principles addressing equality, says Toronto criminal lawyer John…
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Case comes down to communicated consent: Rosen
A hearing to determine whether and to what extent that an alleged victim’s sexual history can be entered into evidence should have been held prior to the trial of an Ontario truck driver charged in the death of a sex trade worker, says Toronto criminal…
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Using provocation as a defence in criminal cases
Provocation is a very misunderstood defence, particularly because it comes with very clear limits on when it can be used, Toronto criminal lawyer John Rosen tells AdvocateDaily.com. “It is only a partial defence — it doesn’t apply unless the accused has actually committed murder, defined as an unlawful…
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Sometimes it’s prudent ‘to slow it down’ during a court case
A judge has stayed a man’s sex assault charges after Toronto criminal lawyer Lindsay Daviau argued his right to a timely trial had been infringed upon due to late disclosure… Read more
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Considering a plea deal begins with the client: Daviau
A client’s intentions must be top of mind when advising whether to accept a plea deal, says Toronto criminal lawyer Lindsay Daviau… Read more