Criminal Defences Overview

What is one way an accused can defend themselves in a criminal trial?

Why should an alibi be supplied early in the case?

What happens if an accused does not testify regarding their alibi?

What was the primary reason the Ontario Court of Appeal ordered a new trial for Maracle?

What conclusion did Justice Glithero reach regarding the classification of Maracle?

In assessing Maracle's alibi, what did the trial judge imply about its disclosure timing?

What was one of the main components of the alibi defence presented at trial?

What role did Dr. Stephen Harper play in the assessment of Maracle's case?

Criminal Defences

Accused can use three arguments:
- Deny committing the act (actus reus).
- Lacked criminal intent (mens rea).
- Valid excuse for actions.

Affirmative/Negative Defenses

Alibi:
- Should be provided early to allow proper police and Crown investigation.
- Accused does not have to testify.
- If testifying, alibi can be crucial for credibility, allowing for cross-examination.
Example: Maracle case
- Defence presented alibi including denial of meeting victim, attacking victim, and being at home on a specific date(May 26, 1997).
- Supported by sister, mother, and brother.
- Ontario Court of Appeal ordered a new trial due to substantial errors affecting the defence.

Alibi Disclosure

Trial judge suggesting less weight to alibi because of late disclosure could be prejudicial.
Impacted ability to confirm alibi with additional witnesses who may have forgotten details.

Serial Rapist Case (Maracle)

Justice Glithero's decision improved on first trial because it allowed for a more appropriate long-term sentencing instead of indefinite detention as a dangerous offender.
Psychiatric Assessment: Dr. Stephen Harper's assessment concluded that with rehabilitation and counseling, Maracle had a chance of rehabilitation.

Explore the key concepts related to criminal defences, including the arguments of actus reus and mens rea. This quiz highlights the significance of alibi in legal proceedings, using the Maracle case as an example. Understand the implications of alibi disclosure and the impact on credibility during trials.