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Quantitative And Qualitative Research Methods

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This research project followed a multipronged approach combining both quantitative and qualitative research methods. After addressing the sample size and exclusions, the second section of Part I examines the strengths and shortcomings of the qualitative research methods, including the interviews and the on-site observations of fresh evidence matters. Finally, I hope to demonstrate why it was necessary to turn to the source of the case law to mine the raw data to sustain my working hypotheses. I.1 Shaping the Sample Size: inclusions and exclusions The case study analysis is based on fresh evidence jurisprudence that spans a period of 100 years, between 1910 and 2010. The decade of 1910 is an appropriate place to start because the earliest Canadian fresh evidence criminal law case was published in 1915. In Rex v. White, the Ontario High Court dismissed a motion brought by the Crown to introduce fresh evidence at the close of the defence’s case in order to support its theory that there was sufficient evidence to find the accused guilty of keeping a common betting-house. In dismissing the application, the Court held that the Crown intended to provide evidence in chief rather than evidence in reply, thereby requesting a trial de novo. The Court ruled that it was without jurisdiction to admit fresh evidence to retry the defendant. This early resistance to the reception of fresh evidence may explain why there was no such other reported case for almost 10 years. It was

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