9:15 - 11:50 A Block Physical Geography
12:30 - 3:05 D Block Legal Studies
A Block Physical Geography - Today we are watching one of the best/worst disaster movies of all time...Dante's Peak (oh Bond...James Bond; I mean Dalton...Harry Dalton of the USGS Cascade Volcano Observatory you dedicated vulcanologist yet tortured soul). You will have a series of questions to answer about the volcanology in the movie (they are in your week 5 package). Believe it or not there are actually some good things about the movie. I'm a big fan of the lahars and the pyroclastic flow is a fairly decent recreation. What I really want is a truck that can drive over top and through a lava flow like the US Forest Service truck in the movie...That would be sweet! Seriously though there are too many errors in science to count but you'll need to try to identify a few. Dante's Peak produces a Plinian eruption (lots of material ejected and very active). The order of eruption at Dante's Peak is:- Tectonic Earthquakes
- Harmonic Tremors
- Vertical Eruptive Cloud
- Spreading of the Eruptive Cloud and Ash Fall
- Lava Flow
- Relative Calm...cue the slasher movie music
- Lahars
- Pyroclastic Cloud
- End of Eruptive activity - relative calm
- USGS Vulcanologist Harry Dalton hooks up with Mayor Rachel Wando and presumably live happily ever after
Now, here is what I think: I hate Dante’s Peak. It isn’t really the lack of much scientific basics – sure, they mostly understand how volcanic monitoring works but they miss the boat on how volcanoes actually work. It isn’t the acting – Linda and Pierce are good and believable. It isn’t the coffee-loving USGS geolackeys (that is accurate). However, it is the combination of everything – the over-the-top response from Harry about the volcanic rumblings, the resistance from his boss, the recalcitrant grandmother, the deus ex machina mine shelter. The damn dog jumping in the truck as they drive over an ACTIVE LAVA FLOW. The film is, at the same time, trying to be realistic while being wildly unrealistic, and in most cases, there was no need to be unrealistic when it comes to an eruption in the Cascades threatening a town. But no, we can’t take the time to actually portray real events (“Dante’s Peak” lacked a scientific adviser). Sure, it can be exciting but, for me, it was so frustrating that I couldn’t get over it.My friend I agree, wholeheartedly.
D Block Legal Studies - Today in Law we'll examine the Provincial Superior court room, focusing on courtroom organization and then we'll discuss the roles and responsibilities of the judge, the crown prosecutor, defense counsel, the court clerk, court recorder, and sheriff. We'll look at the advantages of trial by jury and understand the methods and challenges to jury selection. For more on juries in BC check out Justice BC - What is Jury Duty?
After, we'll focus on the presentation of evidence (Crown first then Defence), the rules of evidence (including voire dire - A Voir Dire is usually referred to a "trial within a trial". It is usually held during the Crown's case in order to determine the admissibility of evidence. For example, Voir Dires can be held to determine whether a confession is voluntary and admissible or whether it should be excluded under section 24(2) of the Charter. If the evidence heard in the Voir Dire is deemed to be admissible, counsel can agree not to repeat the evidence and the Voir Dire will form part of the evidence at trial. Two very common Voir Dires are a challenge to the admissibility of items seized in a search and a challenge to the admissibility accused confession to the police), and types of evidence (circumstantial, hearsay, privileged, and character).
Before a trial takes place, at the arraignment hearing, some of the things that will be discussed are:
There are basically seven steps in every criminal trial:
1. The case is called.
2. The trial begins.
3. The judge makes the “exclusion of witness order” if asked by either the Crown or Defense.
4. The Crown prosecutor presents the Crown’s case. Defense may cross-examine (question) each witness called by the prosecutor.
5. Defense presents their case by calling witnesses and possibly the defendant speaking themselves. The prosecutor can cross-examine Defense witnesses.
6. Both Defense and the prosecutor make closing submissions to the judge.
7. The judge makes a decision.
Witnesses must answer all questions put to them unless it is considered privileged. Privileged information includes:
i) discussions between a client and his or her lawyer in situations when the lawyer was acting in a professional capacity,
ii) any information tending to reveal the identity of a confidential police informant, unless disclosure is the only way to establish the innocence of the accused, and
iii) communication between spouses.
A witness is required either to swear an oath or to solemnly affirm that he or she will tell the truth. Section 16(3) of the Canada Evidence Act permits a witness who is able to communicate the evidence, but does not understand the nature of an oath or a solemn affirmation due to age (under 14 years) or insufficient mental capacity, to testify – as long as he or she promises to tell the truth.
The judge decides whether to admit or exclude evidence, as governed by the laws of evidence, case law, the Charter, the BC Evidence Act, the Canada Evidence Act, and the statute creating the offence. Evidence must be relevant to the facts in issue. The facts in issue are those that go to establishing the essential elements of the offence and any legal defence to that offence. Evidence may be presented with respect to other issues as well, such as the credibility of a witness, provided that the evidence does not offend the collateral evidence rule.
Before a trial takes place, at the arraignment hearing, some of the things that will be discussed are:
- whether the prosecutor is proceeding summarily or by indictment;
- whether the prosecutor has made full disclosure (given all of the information the defense needs, like witnesses’ statements);
- the number of police, expert, and other witnesses that the prosecutor plans to call if the case goes to trial;
- the time estimate for the prosecutor’s case; and
- whether an interpreter is needed.
- plead guilty (before a judge),
- plead not guilty and set a date for trial, or
- ask for an adjournment
There are basically seven steps in every criminal trial:
1. The case is called.
2. The trial begins.
3. The judge makes the “exclusion of witness order” if asked by either the Crown or Defense.
4. The Crown prosecutor presents the Crown’s case. Defense may cross-examine (question) each witness called by the prosecutor.
5. Defense presents their case by calling witnesses and possibly the defendant speaking themselves. The prosecutor can cross-examine Defense witnesses.
6. Both Defense and the prosecutor make closing submissions to the judge.
7. The judge makes a decision.
Witnesses must answer all questions put to them unless it is considered privileged. Privileged information includes:
i) discussions between a client and his or her lawyer in situations when the lawyer was acting in a professional capacity,
ii) any information tending to reveal the identity of a confidential police informant, unless disclosure is the only way to establish the innocence of the accused, and
iii) communication between spouses.
A witness is required either to swear an oath or to solemnly affirm that he or she will tell the truth. Section 16(3) of the Canada Evidence Act permits a witness who is able to communicate the evidence, but does not understand the nature of an oath or a solemn affirmation due to age (under 14 years) or insufficient mental capacity, to testify – as long as he or she promises to tell the truth.
The judge decides whether to admit or exclude evidence, as governed by the laws of evidence, case law, the Charter, the BC Evidence Act, the Canada Evidence Act, and the statute creating the offence. Evidence must be relevant to the facts in issue. The facts in issue are those that go to establishing the essential elements of the offence and any legal defence to that offence. Evidence may be presented with respect to other issues as well, such as the credibility of a witness, provided that the evidence does not offend the collateral evidence rule.
Friday I asked you to complete questions 3, 4, and 5 from page 149 along with questions 2, 3 & 4 from page 154 of the AAL text. You'll have time today to do this.
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