In episode 2 we’re trying to understand how we can better insert victims rights into the legal process… without superseding the rights for accused individuals.
The Defendants is a podcast exploring how sexual assault cases move through the justice system… and why it never seems to work in favour of victims. We want to know what has to change within the system for it to actually work, and we are interrogating what justice means in the aftermath of trauma. This is a podcast where we figure out exactly how this system fails, why, and what to do about it.
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SHOW NOTES:
Key Topics:
0:10 - Accused rights and victim rights
3:56 - Jane’s police interview
6:32 - Understanding legal terminology: complainant, defendant, accused
7:51 - Who supports victims through the system
11:02 - Shannon’s story: the permanence and power of a statement
12:07 - Cross-examination and victim preparation
15:18 - Defence lawyer perspectives
20:16 - Striking a balance between accused and complainants’ rights
Resources:
This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.
Source Links:
Rights on Being Arrested - Canada
Rights on Being Arrested - USA
Victims Rights - USA (note this is Federal - may vary state to state)
Information about Victim Services in Canada
Information about Victim Services in America
Useful Information About the Process Compiled by Toronto Metropolitan University
Including:
A pamphlet on navigating the process that walks you through every step.
Further information on your rights including Publication Bans which is the term used to describe when Courts are ordered to protect the identities of those involved in cases.
The Civil Case Challenging Jordan’s Law (the right to a speedy trial) in Ontario.
Report on How Jordan’s Law (Right to a Speedy Trial) Effects Survivors of SA
This page of the Government of Canada website is a report of sorts on Jordan’s Law. It includes statistics on recent stayed trials pertaining to SA and recommendations for change.
Dr. Elaine Craig’s Book: Putting Trials On Trial:
Sexual Assault and the Failure of the Legal System
A lot of good information about how trials work, and what rules defence lawyers and prosecutors have to follow is in this book.
Robyn Doolittle’s Book: Had it Coming: Rape Culture Meets #MeToo. Now What?
Explores the issue of consent and how legal actors respond to it.
Michelle Alexander’s Book:
The New Jim Crow: Mass Incarceration in the Age of Colorblindness
As we look at sexual assault cases, it’s equally important to remember that the justice system has a huge racial and class problem, and we must avoid unintentionally removing rights that will further this problem while we work to improve the experience of victims.
Jeffery Bradley Article, “The criminal justice system is retraumatizing victims of violent crime”
Three Women Speak, The Trauma, Humiliation, and Shame of Being a Victim Survivor in the Justice System
As told to Neha Kale
The quotes in this episode are from Amira and Amanda.
Video Links:
A montage of “unforgettable moments” from legal drama, Suits
The clip we use is from Season 5 Episode 14 Titled: Self Defense
Actors heard: Leslie Hope, Gabriel Mact, Tom Lipinkski,
Youtube (Peacock): Link
Mike Kruse on his approach to cross examination.
Youtube (Kruse Law): Link
A Canadian woman’s experience with the justice system. (From the pilot)
Youtube (CBC News: The National): Link
Who Cares? Ep #23 About Criminal Defense Lawyers with Ryan Handlarski
Youtube (WiCCD - Women in Canadian Criminal Defence): Link
Music:
Our theme is Isolation Waltz
By: Bryan Teoh
Youtube (No Copyright Background Music): LINK
Other songs used this episode include:
Black and White
By: Pete Kneser
SoundDogs: LINK
Modular Spring Jazz
By: gis_sweden
Freesound: LINK
Dawn Dawn Dawn
By: levelclearer
Freesound: LINK
Strings tune-up (harmonics)
By: camel7695
Pixabay: LINK
Bleu
By: Komiku
FMA: LINK
Get in Touch!
If you have questions or ideas about the show we’d love to hear them! Email us at defendantspodoutreach@protonmail.com You can also find us on instagram. We’re thedefendantspodcast and Jane is jane_aster_roe
If you want Jane to appear on your show email Dalton Higgins at daltonhiggins@gmail.com
Our Team:
Jane Aster Roe - Executive Producer, Host
Rachel Arundel - Executive Producer, Creative Director
Katie Jensen - Executive Producer, Editor, Sound Designer
Jessica Strachan - Story Producer
Charlotte Gregg - Research Producer
Isis Madrid - Editor, Sound Designer
Rachel Bromberg - Fact Checker
Dawson Fleming - Production Assistant
Michelle Crossman - Mental Health Consultant
Lindsey Keene - Outreach Coordinator
Cheryl Grossman - Legal
Dalton Higgins - Publicity
Kathlyn Gardner - Events
