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To: Mad Dawg
He gave an instruction.

And? Is that permissible under Canadian law?

15 posted on 10/28/2006 2:11:57 PM PDT by Mojave
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To: Mojave

Mr. Movaje,

I am not a witness, and I am certainly not a defendant. Maybe you could share where you think our questions are tending? Is there a point you want to make? It might help if you made it.

Mr. Paulsen asked if lawyers and judges were not both officers of the court. I answered that they were different KINDS of offices of the court. And in the ensuing exchange have given lots of examples of how that is so.

I suspect that judges under Canadian law can give instructions to the jury. I suspect, I do not know. I further suspect that such instructions or directions are, as I said, mostly about the law and the relationship between certain findings of fact to the law, as in my fatuous example. The judge could say,"If you find that the defendant had marijuana coming out of his ears, then you can find him guilty of possession up the ear." If would be very unusual in the tradition of British law for a judge to be able properly to tell a jury that they MUST find such-and-such, and I would have thought that most judges would know that. Certainly the appeal judges knew it.

All my authority for this is that I come from a litigious family and as a deputy and complaining witness have heard a BUNCH of trials and instructions and all that bazz-fazz.


22 posted on 10/28/2006 2:57:55 PM PDT by Mad Dawg (Now we are all Massoud)
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