The Brother’s Ear: Speculation, Weak Instruction, and Other Shortcomings in Schneider by Lisa Haydey and Laraib Khaliqdina
- Featured in Robson Crim
- Nov 14, 2024
- 2 min read
The Brother’s Ear:
Speculation, Weak Instruction, and Other Shortcomings in Schneider
Can a phone conversation between a man and his wife, overheard in part by the man’s brother, be admitted as evidence that the man committed murder? What if the brother who overheard the conversation had been drinking, was under extreme stress, and recalled two different versions of what was said?
This was the complex issue faced by Canada’s highest court, the Supreme Court of Canada (SCC), in R v Schneider. William Schneider was charged with the second- degree murder of Natsumi Kogawa. Previously, Schneider’s brother had recognized the accused in a news release which sought help identifying a man photographed with Kogawa, who was reported missing. The next day, the brother visited Schneider to discuss the news release and witnessed Schneider attempting a fatal heroin overdose, which he survived. Schneider then shared the location of Kogawa’s body and walked ten feet away to telephone his wife. The brother could not recall the exact words Schneider used, but he believed that at one point, Schneider said something like “I did it” or “I killed her.”
At trial, the brother’s testimony was admitted and Schneider was convicted of second- degree murder. However, the Court of Appeal overturned this decision, ordering a new trial that excluded testimony from evidence. The case then went to the SCC. In a split seven-two judgment, the Court decided to admit the testimony and reinstate the trial court’s conviction.
In this blog, we will respectfully argue that the majority’s decision to admit the brother’s testimony was flawed at each step of the analysis: at step one, the evidence was speculative and should not have met the relevancy threshold; at step two, the Court should have considered the reliability of the testimony; and at step three, the jury instructions were too weak to counteract the prejudicial effect of admitting the evidence. Accordingly, we contend that the trial judge erred in including the brother’s testimony.
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In R v Schneider, the Supreme Court of Canada upheld the admissibility of overheard statements as evidence, even when made under stressful conditions and not verbatim. This decision highlights the importance of considering the broader context when determining the relevance of evidence. Similarly, in academic writing, understanding the context of a topic is crucial for developing a coherent argument. Services like a Philosophy Essay Writing Service can assist in crafting well-contextualized essays, ensuring each point contributes meaningfully to the overall argument.
This is a fascinating analysis of a highly complex legal case, where the admissibility of evidence based on an overheard conversation was scrutinized. The decision to admit the brother’s testimony raises important questions about the thresholds for relevance and reliability in the courtroom. Given the stress and alcohol influence on the brother’s recollection, it seems that the evidence may have been speculative, making it difficult to reach a fair conclusion. Legal cases like this highlight the delicate balance between justice and the reliability of evidence. Similarly, in academic settings, ensuring reliable sources and clear understanding is crucial, just as students might seek Online Biochemistry Homework Help in USA to ensure accurate information when dealing with complex subjects.
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