Is a defendant prejudiced by delays or other forms of impairment of defence evidence?
Canada (Federal), Canada
The following excerpt is from Mills v. The Queen, [1986] 1 SCR 863, 1986 CanLII 17 (SCC):
150. The defendant will be prejudiced, it is suggested, by delays which lead to the loss of defence evidence, the death or disappearance of key defence witnesses or other forms of impairment of the defence: Dickey v. Florida, 398 U.S. 30 (1970) at p. 42; United States v. Ewell, 383 U.S. 116 (1966) at p. 120.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts treated the evidence in defence of the case of the Attorney General's defence in the context of the Court of Appeal? (MultiRegion, United States of America)
Can a jury consider whether there was insufficient evidence of mental impairment or intoxication in the case of a defendant's mental state? (MultiRegion, United States of America)
What is the legal test for a jury to convict a defendant on the evidence of an accomplice who changed the form of the stolen property to a different type of vehicle? (MultiRegion, United States of America)
Can a prosecutor refer to the guilty pleas of co-defendants as evidence of a defendant's guilt? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
What is the probative value of the evidence in a claim that the exclusion of evidence denied a defendant his due process rights? (MultiRegion, United States of America)
Is there any case law where a defendant has argued that the delay in completing his trial prejudiced his trial? (MultiRegion, United States of America)
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies? (MultiRegion, United States of America)
Does a defendant have standing to seek suppression of evidence seized from a defendant charged with possession of stolen goods? (MultiRegion, United States of America)
Does the destruction of evidence preserve evidence that might have exonerated a defendant? (MultiRegion, United States of America)
