14 Oct How Evidence and Witness Testimony Affect Homicide Cases in Alberta
Being charged with homicide in Alberta is one of the most serious things that can happen to a person. The outcome of a case often depends on how the evidence and witness statements are presented in court. Understanding how these factors work can help you see why having an experienced lawyer is so important.
What Evidence Means in Homicide Cases
In a homicide case, evidence is anything that helps show what really happened. This can include:
- Physical evidence such as weapons, fingerprints, or clothing.
- Digital evidence like text messages, emails, or security footage
- Forensic evidence from experts such as doctors or scientists, such as DNA or ballistics.
The Crown prosecutor’s job is to prove that the accused committed the crime beyond a reasonable doubt. In every criminal case, the police are obligated to disclose copies of all the evidence collected or generated in an investigation. The police provide the evidence to the Crown, and the Crown in turn provides that evidence to defence counsel.
A homicide lawyer in Calgary reviews all the evidence to determine whether it supports the Crown’s case. It assists us in determining the strength of the Crown’s case, and to determine what, if any, defences arise on the evidence.
The homicide lawyer in Calgary must also assess whether police collected the evidence properly, or whether they obtained the evidence in manner that violates an accused person’s rights under the Canadian Charter of Rights and Freedoms.
If the police obtained the evidence in a manner that violates an accused person’s legal rights, a homicide lawyer in Calgary can apply to have the evidence excluded. This can make a major difference in how the case proceeds, or whether it can even proceed at all.
How Witnesses Affect a Case
Witnesses can be bystanders, friends, or others who may have been present during or around the time of the incident. They will often testify regarding what they saw, heard, or experienced.
Witness testimony is often imperfect. People forget details and remember events differently over time. A criminal defence lawyer will carefully examine what each witness says to determine whether their story is credible and whether the witness is reliable. A homicide lawyer in Calgary will also examine the evidence to determine how it relates to other evidence in the disclosure, and whether the witness’s evidence is internally or externally inconsistent.
Some witnesses are experts, such as forensic pathologists or medical examiners. They help the court understand technical evidence, such as how injuries occur or whether the physical evidence supports the Crown’s theory of the case.
How the Defence Works
The Crown must prove guilt beyond a reasonable doubt. A homicide lawyer in Alberta may:
· Question how the evidence was collected or handled.
· Challenge the credibility and/or reliability of witnesses.
· Present expert opinions that show other possible explanations for a certain state of affairs.
The judge or jury must consider all the evidence before deciding what evidence, if any, they accept or reject.
Why Having a Lawyer Matters
The stakes are highest in homicide cases and will impact an accused’s person’s liberty interests to the extreme. A conviction leads to serious penalties in most cases, including life in prison, and may significantly affect your family’s livelihood, your ability to pursue a career, and your overall societal reputation. Having a knowledgeable Calgary homicide lawyer means you have someone who understands the process, protects your rights, and fights for the best possible outcome.
A skilled Calgary criminal lawyer can guide you through each step, explain what you should expect, and ensure that the Court hears your side of the story in the most advantageous way possible, if necessary. That said, an accused is never under an obligation to testify, and a Calgary criminal lawyer’s job requires that we vigilantly challenge the Crown’s evidence, sometimes destroying the Crown’s case in the process.
Get Help from a Homicide Lawyer in Calgary
If you or someone you know is facing a homicide charge in Alberta, we strongly advise that you hire a skilled criminal defence lawyer. Contact Jason Wuttunee to discuss your situation confidentially and understand your options.
Disclaimer
** The articles and content displayed within this website are for informational or marketing purposes only and may have been written by a third party. They should not be construed as legal advice. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. No action with regards to your particular matter should be taken until you have first sought full legal or professional advice from a lawyer fully retained to act on your behalf.