Part 2 – Manufacturing Guilt: Wrongful Convictions

I believe [the accused] did something very, very wrong in that room. But I also believe that nobody has asked me to play God. I’ve been asked to apply the law. Justice belongs to God; men only have the law. Justice is perfect, but the law can only be careful. […] If we as a …

Manufacturing Guilt: Wrongful Convictions

We’ve all had clients convicted of crimes when we were sure of their innocence. I have two as I stand here. I can remember them, and they haunt me. You wonder, was it my fault? And you’re bound to blame yourself. In the two cases that haunt me, I have no doubt it was my …

Policing Thoughtcrime: The Role of Law Societies?

I’ve been thinking a lot recently about the role Law Societies play in regulating the opinions expressed by lawyers. Lawyers are required to be “respectful” of tribunals and courts, yet they’re also required to be critical of injustice when they see it. How does one reconcile these sometimes-conflicting duties, and who decides what behaviour is …

Racism, Credibility, Reasoning Pitfalls, and why I need to spend less time on Twitter

I got into a Twitter spat last week. I noticed a lawyer calling out the Canadian judicial system for its apparent racial bias in a 1997 decision. I had a quick look at the case, and thought it was a weak claim. I tried to challenge the claim on Twitter, and met with a whole …