Criminal Law

Trial by judge preferable in face of public scrutiny

For counsel who are worried that public opinion is against their client, a trial by judge alone is the preferred option, Toronto criminal lawyer Jill Presser tells Lawyers Weekly.

As the article notes, it is no surprise to many lawyers, for example, that Jian Ghomeshi chose to reject a jury proceeding in his recently completed sexual assault trial.

As Presser tells Lawyers Weekly: “... judges can disabuse themselves of bad, upsetting and aggravating facts, and still hold the Crown to its burden of proof.

"In Ghomeshi’s case, it’s no wonder that he elected judge alone because there was so much media attention when the allegations surfaced.”

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