24 April

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Police Can’t Erase Your Phone’s Pictures

in Blog

A recent Quebec Court decision has stated that police officers cannot ask citizens to erase photos on their phones which capture the officers on duty. This adds to the notion that, fundamentally speaking, filming police officers on duty is completely legal. I wrote about this in a previous post. The officers may, under certain conditions, request that you put away your cell phone, but they simply cannot take your cell phone, without warrant, to verify its content and delete certain images. In fact, the Commissaire à la déontologie policière has recently released a statement confirming this policy....

04 April

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Travelling With a Criminal Record

Posted by Adam Ginzburg

in Blog

It's no secret. A criminal record can have a serious impact on your job, your immigration status, not to mention your personal and family life. For many people, one of the most problematic results of a criminal record is a travel restriction. Here are some brief and general guidelines on the matter. General factors to consider Needs to be considered on a case-by-case basis. One very important factor is the degree of seriousness of the crimes for which you were convicted. Many offenses are considered to be fairly light, like impaired driving or disorderly conduct, and generally cause no problems at the border....

20 March

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Werner Herzog’s Into The Abyss

Posted by Adam Ginzburg

in Blog

As far as documentaries on criminal justice go, Werner Herzog's Into The Abyss is definitely one of my favorites. Known for his explorations of dark subject matter, the iconic German filmmaker tackles the very difficult issue of death through the lens of a triple homicide case in Texas. Shot within eight days of death row inmate Michael Perry's scheduled execution, the film manages to remain completely impartial, casting no judgment and making no assumptions. Instead, it masterfully explores the human psyche in trying to understand not only why people kill, but also why the state kills. Through his candid and deadpan interviews...

17 March

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Abolishing “Zombie Laws” in the Criminal Code

Posted by Adam Ginzburg

in Blog

In a move that was many years in the making, the Liberal government has finally taken steps to remove a number of outdated laws from the Criminal Code, also known as zombie laws. Of course, the term has nothing to do with The Walking Dead. Rather, it refers to laws that have been struck down as unconstitutional by the courts and yet never scrubbed from the Criminal Code. They're technically dead, but just like zombies, they still roam the land. The truth is that our criminal code is a 125 year-old document which has been overhauled only once, and that was back in...

09 March

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Time: The Kalief Browder Story

Posted by Adam Ginzburg

in Blog, Film & TV

Following the success of crime documentaries like Making A Murderer and The Jinx, comes yet another extremely powerful, socially poignant series. Time: The Kalief Browder Story is a six-part mini-documentary dealing with a tragic case of wrongful imprisonment and the profound impact it had on a Bronx teenager. Arrested at 16 for allegedly stealing a backpack, unable to make bail, and held due to a prior offense, Browder spent three years at (the notoriously brutal) Rikers Island prison facility. Nearly two thirds of his time was spent in solitary confinement. He was violently beaten and abused by both inmates and guards. And the...

01 February

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District Attorney Fired by Trump for Upholding the Law

Posted by Adam Ginzburg

in Blog

People who choose to work in the legal field usually have a very strong affinity for not only the law itself, but also for the rule of law. That is, they understand that our society functions on the basis of laws, rather than arbitrary power and chaos. Any attorney being sworn in to his provincial or state Bar must swear an oath to uphold this fundamental principle. Sally Yates is a lawyer. And until very recently, she was the United States Attorney General. As acting D.A, her job was essentially to counsel the President on the legality of his orders through...

31 January

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The Textalyzer: a 21st century Breathalyzer

Posted by Adam Ginzburg

in Blog

It's no real secret, texting and driving has become almost as (if not even more) prevalent than drinking and driving. While similar in nature, they both seem to stand on opposite ends of a spectrum. Socially speaking, texting and driving is generally considered to be harmless and somewhat acceptable while drinking and driving is now almost unanimously stigmatized. And legally speaking, texting and driving has much less weight than drinking and driving does. In fact, it isn't even a criminal infraction. So while a standard DUI can land you up to 5 years in jail, here in Quebec texting and driving will only result...

28 November

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Judge Refuses $100,000 Lawyer Bonus

Posted by Adam Ginzburg

in Blog

A Superior Court judge has recently ruled that a seasoned defense attorney, who sued a client for a $100,000 performance bonus after he was acquitted of drug charges, is entitled to only $20,000. The client, unidentified, came from a very wealthy family with deep political ties. He had already shelled out $52,000 in legal fees, and was ready to pay an additional $12,000. But he drew the line when he saw the $100,000 bill. There was apparently some sort of agreement between the lawyer and client regarding a bonus, but no amount was specified beforehand. And this is what the judge took issue...

23 November

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Liberals to Reduce Use of Mandatory Minimum Sentences

Posted by Adam Ginzburg

in Blog

Slowly but surely, we're beginning to see Justin Trudeau & co. undo much of the wrongs for which Harper's Conservative government is now infamous, particularly with regards to criminal justice. One of the most contentious chapters of Harper's "tough-on-crime" agenda was the imposition of 60 mandatory minimum sentences during their decade in power, in areas ranging from sex crimes to gun possession. In theory, such minimal sentences were supposed to deter potential criminals. In reality, all they did was take away the judges' discretionary powers and increase the number of Canadians behind bars. Newly appointed Justice minister Jody Wilson-Raybould had this to say on the matter: I think that a...

03 November

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Virtual Reality Allows Jurors to Explore Crime Scenes

Posted by Adam Ginzburg

in Blog, Jury, Tech

The jury experience, much like almost every other facet of the criminal justice system, is sadly still entrenched in the past. Technology has barely begun to make its way into modern courthouses, resulting in long delays and inefficient procedures. Crime scene reconstruction practices mainly rely on the use of photos, videos, medical records, hand-drawn sketches, and even 3D-rendered animations to give jurors an idea of exactly what went down at the scene of the crime. But the main problem with all of these tools is that, at best, they can merely offer an approximation of reality, not reality itself. Here's where Mehzeb Chowdhury...