Case #1 Regina V. Mitchell

Slides:



Advertisements
Similar presentations
CJ305: Legal Foundations of Criminal Evidence Welcome to Unit 6! Instructor: K. Austin Zimmer, J.D. Make sure you adjust your speakers and audio settings.
Advertisements

Defences Alibi Best defence possible Best defence possible Proof that the accused could not have possibly committed the offence Proof that the accused.
Trial Procedures. Pleadings – papers filed with the beginning of a trial – establish the issues the court is being asked to decided Spell out allegations.
The Government must respect ALL legal rights of all people. It must treat people fairly.
The Investigation Phase Criminal Law and Procedure.
Miranda Rights 5th Amendment
Miranda v. Arizona 1966 Read Miranda v. Arizona Parties Facts Issue.
Daniel Moody PD. 3 3/25/10 Miranda VS. Arizona 1966.
Practise Exam Questions DR AND PROVOCATION. Ibby, a woman of 28, has been married to Zaky for seven years. Zaky is an alcoholic and often returns home.
Green Light? No violation if the declarant is subject to cross at trial within the meaning of Crawford Is the declarant “subject to cross at trial” if.
Criminal Law INTRO TO DEFENCES. What is a defence?
Arrest and Detention Law Mr. Denton.
WHAT ARE YOUR RIGHTS?. 1. Grand Jury Indictment 2. Double Jeopardy 3. Protection Against Self Incrimination: “I PLEAD THE 5TH!” 4. Due Process of Law.
 The list of excuses to absolve oneself of criminal responsibility.  For example: "I was framed," "The devil made me do it," "I didn't know it was a.
Defenses Pages No Crime Has Been Committed The defendant usually must present evidence to show either… 1.There was no crime committed 2.There.
Criminal Defences CLN4U. Defences Every person is entitled to present a defence at trial Every person is entitled to present a defence at trial A defence.
Statements and Confessions
Unit 4 Lesson 8: Miranda v. Arizona
Arrest and Detention. Questioning the Accused Police can not force a suspect to answer questions Police can not force a suspect to answer questions Section.
Arrest and Detention Unit 2. ARREST Arrest is holding a person who is being charged with an offence. Arrest is holding a person who is being charged with.
The defendant may present evidence to show that (1) no criminal act was committed: –Example: he did not commit rape because he woman consented. (2) no.
PRESENTATION NAME Arrest and Detention. Arrest and Detention Arrest and Detention Depending on the amount of physical evidence collected, the police may.
Arrest and Detention. Police must follow procedures codified in the Criminal Code Police must follow procedures codified in the Criminal Code If they.
Defences Legal Studies 3C. Defences  A person who admits to a criminal offence may adopt a defence that justifies or excuses their actions.  Specific.
Nowlin Narrative: Lecture 3. Narrative Evidence as Prior Bad Acts Question: Is “narrative” of an accused’s prior bad acts admissible as “context” or “background”?
Miranda: Its Meaning and Application Chapter 6 Basic Criminal Procedures, 3/E by Edward E. Peoples PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle.
Bell Ringer Criminal Law: Stages of a Criminal Case  Criminal prosecution develops in a series of stages.  Try to place the following stages in the correct.
Know Your Rights Santa Teresa High School Intro to LPSCS.
Case #1 Regina V. Mitchell
Miranda v. Arizona.
Diminished Responsibility
The Concept of Fundamental Justice
The Criminal Trial Process
Miranda Warning Law Enforcement I.
Supreme Court briefs.
3-1 Assessment Kevin Kyle.
Understand rules in relation to the use of evidence in criminal cases
Criminal Law: Substance and Procedure
Case #2 Regina V Girard Nicole Girard caused the death of Kevin Steel at Williams Lake on October 29, 1989 at approximately 02:07 hours. Girard caused.
OPINION RULE.
Using Evidence to Support your Opinion
Voluntary Manslaughter
Self Defence/Prevention of a Crime
Arrest power and interrogation techniques
Aim: What are the protections offered by the case of Miranda vs
Miranda Warnings.
Case #1 Regina V Girard Nicole Girard caused the death of Kevin Steel at Williams Lake on October 29, 1989 at approximately 02:07 hours. Girard caused.
I am so happy to have you all in class today 
Criminal Law 2.8 Criminal Defenses
Unit 2: The Court System Kinds of Laws
Chapter 10.2 Justifications.
Police Rights and Procedures
The Criminal Process Cases & Examples.
Canadian Criminal Code Part I Violent Crimes
It is NOT the defendant’s job to prove that he/she is not guilty!
Canadian Criminal Code Part 2 Violent Crimes
Ch. 3-2 The Fifth Amendment Right to Remain Silent
Unit 1: What does justice look like?
Criminal Defences CLN4U.
Interrogations and Confessions
Casey Anthony Trail The Tell-Tale Heart. Summary of Casey Anthony Trail  Casey Anthony was charged with the murder of her 2 year old daughter in 2002.
Miranda Rights You have the right to remain silent…
Get Started Immediately!
YOU WILL NEED YOUR STUDY GUIDE OUT & A BLANK PIECE OF PAPER
Defences Legal Studies 3C.
Ap u.s. government & politics
Law 12 Criminal Trial Process.
Miranda v. Arizona Matthew & Noah.
KENT vs United States 1966.
Police Rights and Procedures
Presentation transcript:

Case #1 Regina V. Mitchell November 24, 1991 – Roxanne Andrews was house sitting at 1352 Juniper Street in Williams Lake. The person who killed her committed the crime of murder. She died after being stabbed twenty-five times.

Case #1 Regina V. Mitchell March 31, 1991 – Cleo Sims was conducting an open house for prospective buyers at 1575 Midnight Drive in Williams Lake. The person who killed her committed the crime of first degree murder. She died after being stabbed twenty-two times, and there was evidence that she was sexually assaulted.

Case #1 Regina V. Mitchell Travis Mitchell, the man accused of the murders of Roxanne Andrews and Cleo Sims, does not admit that he killed either woman. The accused is a youth of sub normal mental capacity. The police arrested him on another charge and asked him if he understood the rights just read to him. He said that he did not understand but they continued to interrogate him. The police did not tell Mr. Mitchell that he was being detained for the murders nor did they advise him of his right to consult counsel. How might the actions of the police affect the outcome of this case? Predictions?

PROBLEMS ENCOUNTERED BY DEVELOPMENTALLY DISABLED DEFENDANTS IN THE CRIMINAL JUSTICE SYSTEM ‘Developmentally disabled people may be more likely than non-developmentally disabled people to exhibit characteristics, or experience social and economic conditions, that have been generally associated with criminality, such as low self esteem, poverty (Endicott, 1991), and a lack of social skills (Davis, 2002).’ ‘They may also be more susceptible to nonphysical coercion during interrogation. For example, developmentally delayed defendants may find comfort in the appearance of friendliness designed to induce confidence and cooperation.’ ‘The act of confessing is further complicated, in the case of developmentally disabled defendants, as the confession process assumes an understanding of Charter rights. (Everington & Fulero, 1999).’ Developmental Disability, Crime, and Criminal Justice: A Literature Review Simon Fraser University

Case #2 Regina V Girard Nicole Girard caused the death of Kevin Steel at Williams Lake on October 29, 1989 at approximately 02:07 hours. Girard caused the death of Steel by shooting him with a rifle in the back of the head. Any admissions and statements Girard gave were made voluntarily and none of the rights accorded to criminal suspects by the Canadian Charter of Rights and Freedoms were infringed or violated.

Case #2 Regina V Girard Girard pleaded self-defence using the battered wife syndrome. A psychiatrist provided expert testimony explaining how a battered woman might come to the conclusion that murder may be her only way to escape an abusive relationship. How might the testimony of the psychiatrist affect the outcome of this case? Predictions?

Canadian Cases of Battered Woman Syndrome In groups, analyse the cases mentioned in the article and discuss the following: http://www.cbc.ca/news/canada/5-cases-using-the-battered-woman- defence-1.1221150 What evidence supported the accused’s defence? What details of the crime might make the defence’s case difficult to prove? In your opinion, should the Battered Woman Syndrome be accepted as a legitimate defence?