Burden of Proof in Criminal Proceedings

Рет қаралды 43,068

Күн бұрын

This short capsule explains why the Crown has to prove guilt beyond a reasonable doubt, what that term means, and what happens when the accused has a "reverse onus" to prove some aspect of his or her defence.
To learn more about the criminal law and evidence, check out my website: petersankoff.com
To be notified about new videos, Like my Facebook page: / professorsankoff
IF THESE VIDEOS HAVE HELPED YOU, PLEASE SHARE THEM WITH OTHERS. MY GOAL IS TO ASSIST STUDENTS AND LAWYERS LEARN MORE ABOUT THESE TOPICS.
Also, please consider leaving a comment, or letting me know how these have helped on my website.

Пікірлер: 24

@ClaryJaxon 6 жыл бұрын

The 'proof' part of "burden of proof" has lost it's meaning when proof=evidence and then evidence=testimony. What I'm trying to say is that nothing can ever truly be proven on a complainant's statement alone, yet Crowns win convictions every day with this poor standard our criminal courts have been reduced to.

@Alexe4everme22 2 жыл бұрын

Thank you! Those videos are helping me refresh my mind. I am newly a lawyer and I feel it is important to go over all those principles again.

@Salatiso 9 жыл бұрын

Fascinating how much I relate to this even as a South African. Difference is the the presumption of innocence is Constitutionally entrenched. Even though there's some statutes that create a reverse onus on the accussed when tested against the Constitution they fail (seldom justifiable) because " This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid"

@rc7164 6 жыл бұрын

Your explanations are amazing! Good job, and thanks for your videos. Very full and explanatory, clear.

@rc7164 6 жыл бұрын

Ok! I will. Where did you go to law school? I'm guessing you're canadian trained

@rc7164 6 жыл бұрын

Nice checked out ur profile!! I went to Uottawa's fauteux as an exchange law student from France, took grad online courses at Osgoode & now doing my LLM in UBC! I saved ur website to my bookmarks. Taking evidence this semester, Ill make sure to check ur videos for each topic to enhance my comprehension of the material (get a different perspective and explanation)! Thanks for doing this !!! Good luck with your teaching profession

@chasingamurderer 3 жыл бұрын

Thank you

@sushisaucemetro 4 жыл бұрын

this was very helpful thank youu!

@AS-fk3lo 9 жыл бұрын

Hi their Peter. Thank you for this helpful video. I was wondering if you could give me some advice. Would I be correct or incorrect in saying that statues which shifts the burden expressly are not as problematic as implied because they are not confined in the regulations and that they are justified and proportionate and therefore legitimate under art 6?

@carlaturner3885 6 жыл бұрын

Presumption of innocence may be constitutional, but it is definitely not adhered too.

@SajjadKhan-eu3nz Жыл бұрын

Have a wonderful day

@ClearWayFamilyLawyers 3 жыл бұрын

Thanks for making these videos!

@professorsankoff7683 3 жыл бұрын

You are very welcome!

@NiSiochainGanSaoirse 4 жыл бұрын

Innocent until proven guilty doesnt exist any more, hence so many plea deals.

@PottersVideos2 6 жыл бұрын

6:44 Wrong! It need not be a doubt for which one could give reasons, it is simply a doubt which is reasonable.

@courtgeek6357 4 жыл бұрын

Watch this 5 minute video if you want to learn the recipe to create a doubt in the jury's mind during a criminal trial: kzfaq.info/get/bejne/lbiYdc51kt-ngXk.html