Tuesday, August 25, 2015
R. v. S.N., 2015 NUCJ 25:
 As outlined by this Court in DeJaeger, at paragraphs 173 and 174, Nunavut leads the country in its per capita rate of sexual offences committed against children. This high incidence of sexual crimes against children – in all of Nunavut's communities – requires a firm response by the territory's sentencing court. The need to emphasize denunciation and general deterrence through an exemplary sentence is enhanced under these circumstances. The Court's sentencing posture in Nunavut must reflect what has become a pressing systemic problem in all of Nunavut's communities.
Sunday, August 23, 2015
WASHINGTON (AP) — It's double trouble for the National Zoo after its adult female panda gave birth to twins.
Thursday, August 20, 2015
Wednesday, August 19, 2015
Sexual activity is a normal part of adult life. But it's a normal part of adult life - it's not something appropriate or normal for children.
That means there is a age below which someone can never legally agree to any sexual activity. And agreement to sexual activity is always required. Unconsented to sexual activity at any age is always unlawful.
Monday, August 17, 2015
Burdens of proof are often seen as something boring and only important for lawyers.
In fact, the burden of proof is important for everyone and can sometimes lead to results that, on the face of things, seem very weird indeed.
Remember O. J. Simpson? He was acquitted of murder by a jury and then a couple of years later found liable by another jury for wrongful death. That seems inconsistent, to say the least, but in fact it makes perfectly good sense when you realize the first jury was a criminal jury and the second was a civil jury.
In a criminal case the jury (or judge of there is no jury) must be convinced to beyond a reasonable doubt that the accused is guilty. The jury must be sure of guilt. That's the criminal burden of proof.
In a civil case the jury (or judge if there is no jury) must believe the defendant is probably in the wrong. That's the civil burden of proof.
Between probably and being sure there is a big gap.
So if both juries in the O. J. Simpson case thought he was probably guilty of murder the criminal jury would acquit and the civil jury find liability. And that's likely what happened.
Of course if a criminal jury convicts that means they are sure an accused is guilty; that means a civil jury should always find liability.