LEGAL HONESTY: SHOULD I CONFESS GUILT TO MY LAWYER?

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  • Опубликовано: 11 фев 2024
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Комментарии • 15

  • @whiskeytango9769
    @whiskeytango9769 3 месяца назад +2

    The lawyer cannot divulge the conversation, but I guess they cannot perjure themselves either. Thanks for this.

    • @yakovbrod9992
      @yakovbrod9992 3 месяца назад

      yeah interesting. Is it the same in the USA?

  • @lobomojo1
    @lobomojo1 3 месяца назад +2

    There are instances, many where a person believes they may be guilty of an offence because they don't understand the elements of the offence and therefore think they are guilty. Lets use the example of possession of a weapon for a dangerous perpose. The crown has to prove that the item is or was used as a weapon. They must also prove that it was for a dangerous purpose. That dangerous purpose can't be surmised by the crown it has to be demonstrated. A great example of this is the R v Bray case in Alberta. Bray was carrying a weapon for self defence and used it in that manner and was charged. The Judge in the decision very clearly articulates the circumstances where carrying a weapon for the purpose of self defence is appropriate. Self defence is not illegal. Therefore the purpose of carrying a weapon for self defence is not illegal. For a higher authority look to the SCC Kerr decision where the judges found Kerr not guilty for stabbing someone in the head and killing him with a weapon he had been carrying for quite some time prior to the event, specifically for that purpose. Therefore don't assume you are guilty just because the police tell you that you have committed an offence. Guilt can only be decided by a judge/jury. I suggest telling the criminal defence lawyer all he needs to defend you as effectively as possible, they can do that best if you have made no statements verbal or otherwise to the police. On the issue of firearms offences I note one judges comment - the language of the firearms act is so tortuous and difficult to understand that even those charged with administering it don't understand it. Any time a firearm is involved the defence counsel MUST contact someone expert in the field of firearms. If weapons are involved they must contact someone who is expert in the area of the force continuum. Anyone interested in this area of the law should read No More Mr. Nice-guy; a guide to defending yourself in Canada. The back of the book contains 15 pages of lists of caselaw relevent to self defence and use of weapons.

  • @chrisorchard8473
    @chrisorchard8473 3 месяца назад +1

    Great episode Mike, i often wondered what would happen if you confessed to your lawyer etc.

  • @Sam-fp8zm
    @Sam-fp8zm 3 месяца назад +1

    so the defense lawyer is supposed to limit their defense of the client if the client admits guilt but then says im still gonna lie, and say im innocent, and plead not guilty but there is literally nothing to stop the lawyer from defending the client like a normal case because there is no rule that says the lawyer has to share the admission of guilt with the prosecution

  • @RandomEvents_
    @RandomEvents_ Месяц назад

    If youre going to admit guilt and still want good counsel.
    You better call Saul

  • @TonTonTon140
    @TonTonTon140 3 месяца назад

    great videos

  • @peternorthe1912
    @peternorthe1912 3 месяца назад

    Justice shouldn’t have “selective blindness” when it comes to guilt.

  • @markvonschober6872
    @markvonschober6872 2 месяца назад

    If your in a bind, u need a “criminal lawyer “……
    We were already taught that from BB.

  • @champagne.future5248
    @champagne.future5248 2 месяца назад

    But what if you’re not sure if you’re guilty because you don’t know the law?

  • @Jon20202
    @Jon20202 3 месяца назад

    Not the answer I was expecting but makes sense

  • @troybingham6426
    @troybingham6426 2 месяца назад

    But even if they tell the lawyer they're guilty, the lawyer still doesn't KNOW that. He only knows that the client claimed to be guilty. There are plenty of reasons they might lie about their guilt. (Protecting someone else etc.)

  • @touzj316
    @touzj316 3 месяца назад

    Would the rules of ethics not compel the lawyer to report the person who confessed to a crime even if it's bad for business?

  • @jamesbeemer7855
    @jamesbeemer7855 3 месяца назад

    Yes ! Tell your defense attorney everything .
    Then he can make a deal to lesson the sevarty of your sentence . (Or at least that’s the way it’s supposed to work . )
    What you’re trying to do is gain the public trust again . And that’s where your lawyer comes in .

  • @ClarkyMalarky
    @ClarkyMalarky 3 месяца назад

    Soooo the answer is no. lol