SOSC 1350 - Week 3 - Part 1
Summary
TLDRThis video script delves into the Rodney Darren Small (RDS) case, focusing on the material facts and the legal proceedings that followed. It outlines the undisputed facts of the incident on October 17, 1993, where Small, a black teenager, was arrested by Constable Donald Steinberg, a white police officer, after trying to communicate with his cousin who was being arrested. The dispute centers on whether physical contact occurred before the arrest, with Small denying it and Steinberg asserting it did. The video discusses the role of the judge as the Trier of facts, tasked with determining the most reasonable set of facts to believe, which is crucial for the case's outcome.
Takeaways
- ๐ The script discusses the 'RDS case,' which involves Rodney Darren Small (RDS), a black teenager, and Constable Donald Steinberg, a white police officer.
- ๐๏ธ The incident in question occurred on October 17th, 1993, in Halifax, where Small witnessed his cousin being arrested by Steinberg.
- ๐ฎโโ๏ธ Constable Steinberg is described as a six-foot, heavy-set, and athletic white officer, in contrast to Small, who is described as a skinny black teenager.
- ๐ค There was an exchange of words between Small and the officer, with Small attempting to communicate with his cousin and Steinberg telling him to mind his own business.
- ๐ The officer eventually arrested Small, placing him in a chokehold alongside his cousin, who was also in a chokehold.
- ๐คทโโ๏ธ The facts that were not disputed include the interaction between Small and his cousin, and the subsequent arrest by Steinberg.
- ๐จ The disputed facts revolve around whether there was physical contact between Small and Steinberg prior to the chokehold, with Small claiming there was none, and Steinberg asserting there was.
- ๐๏ธ The case proceeded to court, where the judge had to determine the most reasonable set of facts to believe, given the disputed nature of the incident.
- ๐ The script emphasizes the importance of material facts in legal cases, which are the relevant facts that occurred before a case reaches the court.
- ๐จโโ๏ธ The judge's role is highlighted as the 'Trier of facts,' tasked with deciding which set of facts to accept and base the court's decision upon.
Q & A
What is the RDS case, and why is it significant?
-The RDS case refers to the legal proceedings involving Rodney Darren Small, a black teenager from Halifax, Canada, who was arrested by a white police officer, Constable Donald Steinberg. The case is significant because it dealt with issues of race, police conduct, and the interpretation of facts in court.
What are 'material facts' in a court case?
-'Material facts' refer to the relevant facts that occurred before a case reaches court. They are the facts that the court will use to make a decision. Some facts may be undisputed, while others can be contested by the parties involved.
What were the undisputed facts in the RDS case?
-The undisputed facts were that Rodney Darren Small, a black teenager, saw his cousin being arrested by Constable Donald Steinberg in Halifax on October 17, 1993. Small tried to communicate with his cousin during the arrest, and Steinberg repeatedly told him to mind his own business. When Small persisted, Steinberg put him in a chokehold and arrested him.
What were the disputed facts in the RDS case?
-Rodney Small claimed that no physical contact occurred between him and Constable Steinberg before he was arrested. In contrast, Steinberg claimed that Smallโs bike hit him in the leg and that Small pushed him with his hands and shoulders before the arrest.
Why were the physical descriptions of Rodney Small and Constable Steinberg relevant to the case?
-The physical descriptions were relevant because there was a clear size and strength disparity between Rodney Small, a skinny black teenager, and Constable Steinberg, a heavy-set, athletic white officer. This asymmetry contributed to the nature of the arrest and the use of force.
What charges were brought against Rodney Darren Small?
-Rodney Darren Small was charged with assaulting a police officer, assaulting a police officer with intent to prevent the lawful arrest of another person, and obstruction of a police officer. These charges were based on Constable Steinberg's account of the incident.
What role does the judge play in determining the outcome of a court case?
-In a court case, the judge acts as the 'Trier of facts' and 'Trier of law,' meaning they must determine which set of facts is most credible and relevant for the court to base its decision on. The judge must decide whether to accept disputed facts and how they influence the legal outcome.
Why was Rodney Darren Small's name anonymized during the trial?
-Rodney Darren Smallโs name was anonymized during the trial because he was a minor at the time of the incident. The use of initials, like 'RDS,' is a common practice in legal cases to protect the privacy of minors or victims in sensitive cases.
How did Rodney Darren Smallโs identity become public?
-Rodney Darren Small's identity became public because he later chose to speak openly about his involvement in the case. His name did not leak during the trial or through media; he disclosed it himself after the case had concluded.
What was the key point of disagreement between the parties involved in the RDS case?
-The key point of disagreement was whether physical contact occurred between Rodney Darren Small and Constable Steinberg before the arrest. Small claimed no physical contact was made, while Steinberg asserted that Smallโs bike hit him and that Small pushed him before being arrested.
Outlines
๐ Introduction to the RDS Case
The video script begins with an introduction to the RDS case, emphasizing the concept of 'material facts' which are the relevant facts that occurred prior to the case reaching the court. The speaker explains that these facts are crucial for determining the truth of a case and that they are agreed upon by all parties involved. The case revolves around an incident involving Rodney Darren Small (RDS), a black teenager, and Constable Donald Steinberg, a white police officer. The incident took place on October 17, 1993, in Halifax, where RDS witnessed his cousin being arrested by Steinberg. The speaker highlights the importance of the material facts in understanding the case's progression through the court system and its aftermath.
๐ฎโโ๏ธ The RDS Case and Initials Anonymization
The speaker delves into the significance of the initials 'RDS' in the case title, representing Rodney Darren Small, the accused. The use of initials serves to anonymize the individuals involved, especially in sensitive cases such as minors or those involving sexual assault. The speaker discusses the relevance of the accused's race and physical description, noting that these factors play a significant role in the case's dynamics. The incident involved RDS witnessing his cousin's arrest by Constable Steinberg, a white police officer described as six foot, heavy set, and athletic. The physical disparity between the officer and the teenagers is highlighted, setting the stage for the events that unfolded.
๐ Undisputed Facts of the RDS Arrest
The script outlines the undisputed facts of the RDS case, where RDS attempted to communicate with his cousin during the arrest and was told by Constable Steinberg to stop interfering. Despite being instructed to mind his own business, RDS persisted, leading to his arrest by the officer. The officer, significantly larger and stronger than RDS, placed both teenagers in chokeholds and arrested them. The physical asymmetry between the officer and the teenagers is emphasized, highlighting the power dynamics at play. The speaker clarifies that the facts agreed upon in court include the arrest and the nature of the interaction between RDS and the officer, but not the specific details leading up to the arrest.
๐ค Disputed Facts and Charges in the RDS Case
The script addresses the disputed facts in the case, focusing on whether physical contact occurred between RDS and Constable Steinberg prior to the chokehold. RDS claims no physical contact happened, while the officer asserts that RDS's bike hit his leg and that RDS pushed him with his hands and shoulders. These conflicting accounts led to RDS being charged with assaulting a police officer and obstruction of a police officer. The speaker sets the stage for the trial, where the judge must determine which version of events is more credible, highlighting the role of the trial judge in evaluating facts and the impact of these decisions on the case's outcome.
Mindmap
Keywords
๐กMaterial Facts
๐กTrier of Facts
๐กUndisputed Facts
๐กRDS Case
๐กChokehold
๐กAssaulting a Police Officer
๐กObstruction of a Police Officer
๐กPhysical Contact
๐กSize Disparity
๐กInitials Anonymization
Highlights
Introduction to the RDS case, focusing on the material facts before the trial.
Explanation of the term 'material facts' in legal cases, emphasizing relevant events prior to court proceedings.
Judges in trials are considered both triers of law and triers of fact, meaning they determine which facts are relevant and accepted in the court's decision.
Some facts in court cases are undisputed by both sides, while other facts are contested and must be ruled on by the judge.
The case centers around Rodney Darren Small (RDS), a black teenager, and his interaction with Constable Donald Steinberg, a white police officer in Halifax.
The name 'RDS' comes from Rodney Darren Small's initials, as his identity was initially anonymized due to his minor status.
Material facts include that the event occurred on October 17, 1993, and that Rodney Small saw his cousin being arrested by Constable Steinberg.
Undisputed facts include that Rodney Small attempted to communicate with his cousin during the arrest, and Constable Steinberg repeatedly told him to stop interfering.
Rodney Small was eventually put into a chokehold and arrested after continuing to try to speak to his cousin.
Constable Steinberg is described as a larger, athletic white man, while Small and his cousin were skinny black teenagers, highlighting the physical disparity during the arrest.
The primary dispute in the case was whether physical contact occurred between Small and Constable Steinberg before the chokehold.
Rodney Small claims there was no physical contact, only verbal attempts to communicate with his cousin.
Constable Steinberg claims that Small's bike hit him and that Small pushed him with his hands and shoulders.
Based on Constable Steinberg's account, Rodney Small was charged with assaulting a police officer and obstruction.
The judge's role in the trial was to determine which version of the facts, Small's or Steinberg's, was the most credible.
Transcripts
part one background to the RDS case and
what we'll do in this clip or what we'll
look at in this clip uh are the material
facts of the RDS case uh before in in
the next few Clips as as you're aware if
you watch the intro up above I'm
starting to go through um the way that
it worked its way through the court
system and some of the repercussions
after it left the court system as well
but yeah but starting with the material
facts here um this is a term you may not
have uh encountered before sometimes
just called the the facts on its own U
material facts usually meaning the
relevant facts this is a a term for u a
term a term used in in uh court cases a
term used in in case law to mean um I'll
just put it on screen here material
facts everything everything
relevant that happened before this got
to court
um yeah so for for every court case uh
one of the things that um you're trying
to determine are what are the material
facts so what are the relevant things
that happened before this actually got
to court so like like who danced with
whom who was where that particular
evening uh was this person actually in
this city or not uh did this person
punch this other person in the jaw or in
the eye uh could a person was this
person uh uh showering after they got
their their perm haircut or were they
shooting their father it's uh it's
things like that um you know the
material facts are just trying to
establish everything relevant that
happened before this got to
court one of the primary functions uh of
of a judge uh in a in a trial um they're
considered to be the the Trier of facts
so they're the Trier of law and the
Trier of facts they have to try to
determine what set of facts were
relevant and what set of facts uh uh is
the court going to use uh to come to its
decision what sort set of facts is the
court going to accept and the reason I'm
stressing that uh is because in this
particular case like when this got to
court as is oftentimes the the the case
there were some Undisputed facts uh so
some things that everybody in the
courtroom agreed on uh both uh the um
both the crown attorney and uh and the
accused Council for the accused like
they they all agreed on a certain set of
facts but there was a dispute over some
of the facts as well so that the judge
in the courtroom is going to have to
decide okay I'm accepting these
Undisputed facts that nobody is
contradicting but I've got two sets of
facts here um on on some particular
matters I'm going to have to determine
which ones to go with which ones we
going to accept in this trial so let's
start off with the Undisputed facts um
and these were the one these these these
are the things that uh when everybody
got to court uh they showed up and they
all agreed on these things nobody is
disputing these particular facts in
terms of what happened before this got
to
court
um and I've got here on
screen that the events the relevant
events took place on October the
17th October the 17th
1993 so uh on October 17th and I guess
I've got it here yeah uh uh on October
17th 1993
Rodney Darren small a black teenager
living in Halifax spotted his cousin
being arrested by Constable Donald
Steinberg a white police officer in
Halifax uh so I'll I'll start by by
breaking this down a little bit uh
further beyond what I've got on screen
here uh the first part is that Rodney
Darren small that is RDS that is that is
where the name of the case comes from so
if you haven't done the reading yet
you're just listening to this you you
should do the reading before you listen
to this but but maybe you haven't maybe
you didn't know this so the RDS case uh
those are his initials and it it occurs
to me um that I don't think I and I I
meant to put this at the top you know
the the the the case gets written out
like this or sometimes like sometimes
like this or
um
uh sometimes like that you know all
these other ways to write it we'll just
stick to the the one set of ways of
looking at it right now uh just to tell
you that when you hear the RDS case uh
it gets called um or the reason it's the
RDS case so RV RDS the the the crown
against RDS or the the State against RDS
what does that actually stand for so the
r here is uh would have been Regina so
the the queen at the time uh
representing the the state of of Canada
V for for
verses and at the time nobody would have
known what RDS stood for U beyond the
people in the original trial itself um
but it stood for Rodney
Darren
small so that was the the accused uh and
I'll just say about this and I think
we'll we'll come back to this a few
times in the in the class uh but um when
you see those cases where it's just a
series of initials um so I'm just trying
to think like R rvj is another one we'll
look at the crown against ja or the the
um ma the queen and j a uh uh or um I
can't really think of any others off off
hand but we will look at others
throughout the the the class when you
see it just as initials like that um
it's been turned into an initial to
anonymize uh the people who are involved
or you know another one that we'll look
at I think in a few weeks is I think the
mvh
case again it was to to anonymize uh the
people who were actually involved in it
so where uh Rodney Darren small was a
minor uh it was just turned into his
initials uh so that his name would would
be kept out of the media nobody would
actually know um again beside the people
who were in the courtroom uh nobody
would actually know who the accused was
but you also have cases um like of uh
things like sexual assault uh where if
you disclosed the name of the accused
you'd also be disclosing the name of the
Survivor um so sometimes it gets
anonymized so you don't actually know
the name of the accused or even just
sometimes to maintain people's privacy I
I think we'll look at the m a case don't
quote me on that I'm not I can't
remember if we're looking at it or not
um but that one it was about a couple
going through a separation um the case
went all the way to the Supreme Court
and in order to maintain their privacy
their names were just shortened down to
those little letters there so sometimes
when you see just these little letters
here um what am I saying sometimes
always when you see these letters here
it's to anonymize the people who are
involved so the RDS case uh it was
that's what it was called that's what it
was known as that's what it was known as
in in the media um that's what it was
referred to in in court documents
everything you know since that time
Rodney Darren small has spoken publicly
about being involved in this case so
that's why we know that he was the
accused in this case not because his
name leaked um not because it was
publicly disclosed um but because he has
publicly come forward and said I was
RDS so that's now what happened way back
then when when this case got started um
or or before the case even got started
I'm talking about the material facts and
relevant things that happened before
this got to court already yes a black
teenager living in Halifax um yeah and
I'll I'll say to this point um that uh I
I'm not I'm not just
um uh I I'm not just I'm looking here
I'm not drawing attention to um these
features just for the for the heck of it
and um yeah I'll I'll add a bit here so
uh Rodney Darren small a black teenager
living at Halifax where he was was
uh his age was was relevant uh and his
his race was relevant um for everything
that that's going to happen um Beyond
this point and you know um maybe I'll
I'll I'll add um you know described as a
I'll I'll just even add in here like a
skinny described as a as a skinny black
teen living in Halifax um at the at the
time uh and the officer who was involved
Constable Donald Steinberg a white
police officer um living in in Halifax
uh you know while just uh add some
descriptors for for him um that that are
going to be relevant as we go through as
well that he was also described as as
being about 6 foot six foot uh heavy set
heavy set and
athletic so I guess just going into this
who were the the figures who were people
who were involved uh the both both their
I guess their subject positions matter a
lot and actually just even their
embodiments matter a lot um for what
I'll be be talking about um so Rodney
Darren small he was a skinny black teen
living in Halifax and then Constable
Donald Steinberg he was a white police
officer living in Halifax their races
matter but like I said their their
physical descriptions are also going to
matter here Constable Donald Steinberg
aside from being an adult obviously in
so far as he was a police Constable he
was six foot heavy set and athletic so
what happened was that um uh uh Rodney
Rodney small was riding his bike along
and he saw that um uh yeah his cousin
was being arrested by const Steinberg
um so what is not disputed is that uh
Rodney small and his cousin exchanged
some words while the officer was trying
to arrest his cousin his cousin was also
like a skinny black
teenager and at the time Rodney small uh
continued to try to communicate with his
cousin and Constable seinberg kept
telling him to mind his own business so
that is not disputed we know that that
Rodney small came across the the officer
arresting his cousin and that he tried
to communicate with his cousin hey
what's going on why are you getting
arrested what do you want me what what
do you want me to tell people why are
you getting arrested so he kept trying
to communicate with his cousin we know
that part and we know that Constable
Steinberg kept saying get out of here
stop interfering stop trying to
interfere with with what's going on here
go mind your own business so we know
that they exchange words like that for
sure nobody denies that and then in
terms of what else we know is that
conable Steinberg eventually put small
into a choold and arrested him when he
persisted so then what what what what
else is Undisputed is that uh small you
know continued trying to communicate
with his his cousin Constable Steinberg
kept saying stop this go away um stop
trying to to go go mind your own
business uh Rodney small eventually
Constable Steinberg who had uh one of
the Who had who had Small's cousin under
one of his his arms in a in a choke hold
put small uh into a Chokehold under his
other arm um and arrested both the boys
is uh so we we know that too and um yeah
I think I think that this is uh well
established in the the backos reading
for today but notably the officer was
significantly larger and uh Stronger uh
than than Rodney SM um yeah with with
Rodney small being described as a skinny
black teen and Constable Steinberg being
six foot heavy set uh and and athletic
and and white as established and and um
Rodney Small's cousin was was similar in
in size to him to um to Rodney small
himself so there was a clear size
disparity uh when he arrested them he
had one under each of his arms this was
clearly quite asymmetrical this wasn't
uh this this wasn't yeah this this was
quite asymmetrical in terms of of um the
the the the size of the people involved
and the the physical strength of the
people involved and and things like that
but anyway that's about all that was
agreed to when they got to court so that
something happened uh uh something
happened that these were the people who
were involved that small was trying to
communicate with his cousin and
Constable Steinberg told him not to
interfere and the Constable Steinberg
arrested small uh when uh small
continued to interfere so that's what
they were not disputing what they were
disputing was the nature of the
altercation between uh uh Rodney small
and officer
Steinberg so
um uh what what were the disputed facts
um the disputed fact would be that small
claimed that no physical contact
occurred between him and Constable
Steinberg before the choke
called uh so yeah and let me let me
spread this out a bit better I'm just
looking on the screen here maybe maybe
if I remember I'll I'll just even
separate this out and the copy of the
notes I'll I'll give to you but the the
dispute um was over what happened
between the points that small showed up
and spotted his cousin and the point uh
at which he was actually arrested so
small claimed that no physical contact
occurred between him and Constable
Steinberg before the choke hold so
according to Rodney small this series of
events up here that's all that ever
happened period full stop uh he was he
was perhaps a nuisance in trying to
communicate with his cousin during the
arrest but he claims he did not
interfere with the arrest at all or do
anything that involved physical contact
so small says I was only trying to talk
to my cousin uh I didn't make any
physical contact with the officer before
he arrested me before he put me into
that choke hold uh I didn't try to
actually stop the arrest I get I just
kept trying to ask my cousin what was
going on that's what small says happened
on the other hand Steinberg says
something slightly different happened
const Steinberg claimed uh that Small's
bike hit him in the leg and that small
pushed him with his shoulders and hands
so on the other hand according to uh
Constable Steinberg Rodney Small's bike
although it was not traveling at great
great speed nevertheless actually
collided with his leg when he approached
so uh Constable Steinberg says small
came up on his bike the bike actually
made contact with my leg directly when
small came up to me uh and uh that when
Rodney small kept trying to speak with
his cousin that uh he was pushing at the
officer with his hands and his shoulders
so the officer says uh Rodney small came
up he was trying to speak to his cousin
he wasn't just using his words he was
using his hands to try and push me away
from his cousin his shoulders to try to
push me away from his cousin so he could
get close to his cousin so officer
Steinberg says Rodney small was making
physical contact with me his bike
collided with my leg he was he was
touching me with his hands he was
putting his shoulders up and things like
that the officer says this guy was this
this teenager was physically making
contact with me before I arrested him um
Etc so on this basis um so this is not a
disputed fact and that's why maybe I'll
if I remember I'll change the copy of of
your own notes to indicate this is that
we had the the facts that were agreed to
the disputed facts what we know is that
uh on um the basis of what Constable
Steinberg claimed small was charged with
assaulting a police officer uh
assaulting a police officer with intent
to prevent lawful arrest of another
person and obstruction of a uh police
officer so Constable Steinberg said
these things happened and Constable
Steinberg um uh I think the the he well
he in conjunction with the crown of
crown attorney uh would have would have
laid these charges uh against um the
crown attorney I guess would have laid
the charges but based on on what
Constable Steinberg was saying was
charged with these things so that uh
would take us onto Court um so we have a
base set of facts at this point that are
agreed upon an Undisputed set of facts
but the particulars are being disputed
here and as I alluded to already uh part
of the role of the trial judge is to is
to determine what set of facts is most
reasonable to believe um so this would
be in the purview of the judge at trial
um so let's think about you know these
charges have been laid um they've now
proceeded to to trial let's look then at
what happened at trial um where uh these
disputed facts had to be ruled on
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