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In connection with expert witnesses and evidence, the most significant has been the Daubert case of 1993. Prior to this case, federal and state court judges had only two standards on which to determine the admissibility of evidence. The first one was relevance and the other was known as Fyre standard according to which only scientific information, which was generally accepted by the community, would be admitted. Opponents of Fyre standard argued that there were still new and emerging ideas in science, which were legitimate but not yet accepted by everyone. However Fyre standard could not be removed since relevance alone could not determine the admissibility factor since there was always a risk of allowing junk science.
In Daubert, Supreme Court instructed the federal judges to act as "gatekeepers" and allow only the evidence which was both "relevant and reliable."  This was done to keep junk science out…… [Read More]
Armstrong was unable to retreat to the safety of her environment to rebuild her mental strength and defenses and to begin to feel safe. Her environment became fearful, because she would wait there for Mr. Payne to return, and when he did, as she had feared, he began violently physically abusing her. Her level of fear and anxiety would have been high at the time Mr. Payne arrived home, having been exacerbated by the waiting in the environment. Her fear for her safety in the future had come to the moment of the future, in that Mr. Payne arrived home.
The battered syndrome Ms. Armstrong experienced was in no small part exacerbated by her inability to sleep. She scored two on a scale of four for sleep disturbances, and, as do those people who are in the battlefield experience, her sleep was at a superficial level, which is a level…… [Read More]
legal issues faced by expert witnesses and the impact the Frye test has on scientific evidence proffered at trial. This essay also covers the decision that was reached by the courts concerning the fate of expert witness and expert testimony and some of the legal issue that affects the case.
Generally, every case which involves technical or scientific issues, or professional standards, will always need expert witness as well as expert testimony. There is non-uniformity in terms of the rules that evolved and the required standards concerning expert testimony, because they vary based on the jurisdiction. A number of times juries have been asked to provide a decision between the conflicting testimonies that have been provided by two or more expert witnesses, with the court either failing to give guidance or give little. Just as pointed out more than a century ago by Judge Learned Hand, "how can the jury…… [Read More]
Thucydides was an Athenian, but had very little reason for offering a distorted view of the war that was eventually won by Sparta.
Jackson states, "Thucydides was an active participant in Athens for a time, he had a network of contacts, while banished to Thrace he observed the war there first hand, and as an Athenian exile he traveled along the Peloponnese" (Jackson, p.175). Thucydides wrote of a Sparta that used an eight deep fighting stance against the Athenians who could not, or did not, adapt to a style that would lead to victory when battling against that type of tactic.
Other army tactics began to be used after the Peloponnesian ar, many of which were introduced by the Spartans in order to maintain their military might. One such tactic would play a key role in the battle of Leuctra.
Of particular relevance to Leuctra, however, was the battle of…… [Read More]
A person working in a professional position often handles several large projects at once and supervises the activities or output of others. A working professional needs reliable time management tactics to manage time effectively for not only the quality and efficiency of work but for personal health and stress management as well. There are three steps that one can take in order to improve their time management skills.
Step 1 - One should plan each day, week and month by prioritizing tasks in order of importance and deadline. It is not possible to tackle projects competently without first evaluating the most significant tasks and the order in which they should be completed. One should separate projects that slow down their efficiency. Then, rearrange their schedule or delegate tasks to others in order to assure that they are not hung up on a project that is costing valuable hours of focus.…… [Read More]
Eye Witness Memory and Identification
In the contemporary legal environment, an eyewitness plays a critical role in the legal system. A correct eyewitness identification has helped in advancing an investigation, and can be used to solve a complex case. Despite the importance of eyewitness identification in a legal system, eyewitness misidentification is being identified as the contributing factor to wrongful convictions based on the DNA testing. Typically, the eyewitness misidentification leads to 70% of wrongful convictions based on the DNA evidence in the United States. In cases after cases, it has been proven by the DNA that eyewitnesses are mostly inaccurate. For example, a review of 311 cases reveals that 73% of the convictions have been due to the eyewitness errors leading to wrongful convictions. Evidence have also revealed that eyewitness identifications can sway strong alibis, juries and police. Unfortunately, the memory of some eyewitnesses is either unable to recall…… [Read More]
I also assumed that the nurse I was observing would likely support the doctor and try to talk the patient into changing her mind. My assumptions were incorrect. Later I took the time to reflect upon my reaction to the situation.
After thinking through the entire situation, it is my belief that she did make the right choice, she no longer wished to live a life tied to a machine, wheeled about in a chair and unable to enjoy even the smallest of pleasures. As a nurse, my approach would be to comfort the patient, understanding and giving support to the family and friends who are attempting to support the patient. The patient is experiencing enough trauma, and should be fully supported in making whatever decision is best for that particular individual.
Other nurses might disagree. One study determined that even though 80% of newly graduated nurses have developed a…… [Read More]
[Microsoft] Thus both the web-based live feedback programs as well as the product launch offers by Microsoft are highly effective methods for the company to gather customer views, interests and needs so that they can be used for betterment of their existing products as well as being useful in the development of their new products for the targeted market segment. These didactic online sessions help the company improvise their product design to suit the demands of the customers and thus improve the sales pitch for the product, which ultimately depends on customer satisfaction.
Success in ecommerce is all about providing excellent customer service and incorporating customer friendly and interactive features on the web portals. The customer must have an easy to use interface and must be able to find his way through without much hassle. Ease of use and swift navigation around the different pages of the website are important…… [Read More]
Chaos in the Caribbean
In the 1990s, Jamaica was dealing with a major crisis in the financial sector. This is because of a series of events came together simultaneously, to create a situation where the economy would face tremendous challenges. At the heart of these issues were: rising inflation, skyrocketing interest rates, a devaluation of the Jamaican dollar, the lack of fiscal restraint on the government level and limited regulations of the financial industry. The combination of these factors created a situation where the economy went into an economic collapse. ("FINSAC Commission of Inquiry," 2010) ("Zooming in on the 90s Meltdown," 2011)
In the case of the financial sector, an outside consultant (Ted Avey) was brought in, to investigate the collapse associated with Blaise Financial. This was a large financial holding company that was considered to be: a traditional bank, a building society and an intermediary for currency transactions. In…… [Read More]
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:
Trainer and in-service presenter
Quality improvement, risk management, claims management
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions,…… [Read More]
There are some potential problems with the use of lay testimony. One is that lay testimony is always subject to interpretation. Lay witnesses are testifying about personal sensory experiences (Nordberg, 2007). All such experiences are interpretative to some extent. Another potential problem with the use of lay testimony is that it may not be interpreted as credible relative to expert testimony. Clearly in the Dube case it was, but this is a substantial risk for a legal team to take. Expert witnesses have credibility that stems from advanced training and perceived objectivity. Lay witnesses can merely interpret their own experiences. This brings us to another weakness of lay testimony -- it can only reflect personal experience. hereas experts do not need to have direct involvement in the case events, lay witnesses do. They are therefore unable to comment on anything other than what they saw directly. The prosecution in the…… [Read More]
Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficient. Perhaps they felt a jury would be sympathetic to their case, if the decision came down to a proverbial "battle of witnesses." However, in this case there was no such battle. Dr. Miller was not an expert and while his testimony was not excluded on those grounds, it could have been. Nonetheless, his lack of expertise showed through in his faulty methodology.
This hints at another point of significant from this case regarding expert testimony. hile Dr. Miller could have been excluded on Rule 702, since he was clearly not an expert, the district court did not use this as grounds for excluding his testimony.…… [Read More]
The impact of the psychological profiles of the offender and victims on the court evidence presented by the prosecutor and defense teams and witness use
Psychological profiling involves developing a composition of behavioral attributes. It combines psychological and sociological review of the offender. The process of profiling is anchored on the premise that if the crime scene is analyzed carefully and accurately, there is a good chance that the type of person involved in the offence will begin to surface. Therefore, it is based on the idea that some types of people manifest certain behavior tendencies and patterns. A jury informed of such patterns, is better equipped to ascertain probale suspects (Ebisike, 2007).
Profiling driven by psychological processes has an impact on the strategies and suggestions for evidence presentation by both offenders and victims. In the offender's case, profiling suggests the most effective style of interviewing to apply when such…… [Read More]
Corporate Criminal Justice
The following study is a critical analysis of four articles or book passages relevant to the study of criminal justice in a corporate context. Each essay or book excerpt will be analyzed in turn and in the context that each has a significant intellectual contribution to make to the contemporary study of corporate criminal justice. hile this is a relatively new specialization within the corporate and criminal justice fields, it is nevertheless a very important one. The IRS indicates that crime has recently been categorized in terms of motivation, not in terms of the victim (Internal Revenue Service). This means that greed has become an enormous criminal category, one that must consider the excesses of white-collar crime. Additionally, there is the matter of corporate security and management of asset securities. For corporations, this means achieving a delicate balance between complying with the law, relying on federal law…… [Read More]
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…… [Read More]
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]
This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as witnesses in trials and other legal proceedings, and all persons are also presumed to have a legal obligation to serve as witnesses if their testimony is sought. Witnesses are generally required to give their testimony in the form of statements regarding what they saw, heard, felt, tasted, or smelled, and they are generally forbidden to express opinion or draw conclusions. A person who is not testifying as an expert will be allowed to present an opinion as testimony if his opinion is both rationally based on his perception and helpful to an understanding of his testimony. Opinions of a competent layperson are specifically permitted by rule, statute,…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]
The witnesses that I have mentioned to this point are all viewed as being lay witnesses. Because they are lay witnesses their observations are based on normal human experience. For the most part they possess no particular skill or training in the area that they testified. Their observations and comments are based on what they believe that they saw. As a result, their observations are subject to all the human frailties that we all possess. They are all testify to what they believe to be the truth and to what they believe they saw but, as you will soon see, they cannot all be right.
You will also hear from individuals who the court will advise you are to be considered as expert witnesses in their field of study or experience. The testimony of these individuals, as you will see, will differ substantially from the testimony of the lay witnesses.…… [Read More]
In the vehicle study, witnesses had to select from various types and colors of vehicles, four of the former and three of the latter. The variables in the study in which listeners heard from 'witness testimony included the participation of both jurors and judges in Arizona, five differently worded findings, as well as two versions of conclusions in which it was stated that the 'suspect' either did or did not commit the crime -- in the opinion of the expert (McQuiston-Surrett and Saks, 2009, p. 441).
However, the data collection was extremely different. In the vehicle witness study, the findings were simply the mathematical results of the percentages of the people who were correct in identifying the requisite vehicle. In the other study, researchers were able to determine how different phrasing and diction swayed the credibility of witness testimony -- with some of the phrasing even mentioning the circumscriptions of…… [Read More]
In 2002 the crime lab in the state of Mississippi found that the semen in the victim's body belonged to two different men and neither of them was Kennedy rewer. alko concludes by stating: "Forensic scandals have been troublingly common of late, with phony experts, fake results, and incompetent testing recently uncovered in Virginia, Maryland, Kansas, Illinois, and Texas, to name just a few. Courts need to take a more active role in weeding out the Michael Wests of the world before they ever take the witness stand. ut professional organizations also need to be more vigilant about policing their own. Dr. West's peers should more vocally have questioned his methods long before he was permitted to testify more than 70 times in courts across the country. One would think they'd step up their standards to protect the integrity and reputation of their profession. ut these continuing scandals suggest another,…… [Read More]
Testify," James & DeVaney (1995) point out that the role of school counselors has changed and will continue to change. School counselors need to consider their legal responsibilities, especially as they make decisions that might impact students, their families, and the school. This article is important because counselors are being called into court to testify, something that many professionals may be unprepared for. Moreover, James & DeVaney (1995) point out that while the role of the counselor is usually to serve as objective mediator and helper, the courtroom environment is one characterized by intense conflict. The purpose of "Preparing to Testify" is to arm counselors with knowledge of what court testimony entails, and what things to consider before taking the stand.
First, the authors discuss the different types of witnesses: expert and fact witnesses. The school counselor may be called upon for either of these purposes because he or she…… [Read More]
This places a significant burden upon the labs and the forensic experts that prosecutors depend on to produce forensic evidence. The article explains that there is a serious problem associated with crime lab ethics, which has been heightened in recent years. The article asserts that many crime labs have been cited for sloppy procedures and producing erroneous evidence (Morrison and Roane, 2005). The fact that crime labs are not required to be accredited adds to the problem because there are not any standard procedures that govern the management of the labs. Under new laws all federally funded crime labs will have to be accredited by 2006 but currently 30% of the federally funded crime labs do not have any accredidation (Morrison and Roane, 2005).
The article also reports that many experts such as crime lab technicians, coroners, forensic anthropologists and police chemists have been fired for presenting erroneous evidence in…… [Read More]
If the accused is found fit to stand trial, the defense can still attempt to plea NCMD. In order to be found not criminally responsible, the judge or jury must find that the defendant did commit the offense, but that a mental disorder at the time of the offense prevented him or her from appreciating the quality and nature of the offense, and prevented him or her from knowing the act was wrong (Department of Justice, Canada, 2002). To determine criminal responsibility under the NCMD plea, there are nine main factors. These include evidence of a mental disorder, the motive for the crime, the planning and preparation of the crime, evidence of impaired functioning, the actions following the crime, past criminal history, past psychiatric history, delusions or hallucinations, and knowledge of right from wrong at the time of the offense (Hucker, 2003).
If the defendant is found to…… [Read More]
Since gang-related crimes fall within the jurisdiction of state, this research will give an insight on the need to find solutions that increasingly include all levels of government. Congress needs to pass legislation that will change immigration enforcement laws and make more aliens deportable. In addition, the federal government should take a more active participation in helping local and state jurisdictions develop anti-gang responses. The local, state and federal governments must take a stand, and combine forces to combat the immigration problem that continue to plague this country into the next generation.
Importance of the Study
The die has been cast, there is no turning the clock back now and the Mara Salvatrucha and 18th Street Gang have established themselves in the United States and far beyond. The origins of the current situation with MS-13 and the 18th Street Gang date back to the late 1980s and early 1990s…… [Read More]
The case mentions that petitioners, plus two small minor children and their parents, made the allegation in their suit that was against respondent that the children's very serious birth deficiencies were basically caused because the mothers' had prenatal ingestion of Bendectin, which is a prescription drug that is marketed by respondent. The District Court basically decided respondent summary judgment founded on a well-credentialed expert's affidavit coming up with the conclusion, upon going through the wide-ranging published scientific literature on the issue, that maternal which was utilized of Bendectin has not been exposed to be a risk issue for human birth deficiencies. Even though petitioners had replied with the testimony of eight other well-credentialed specialists, who founded their assumption that Bendectin has the possibility of causing the problem of birth defects on animal studies, chemical structure evaluations, and the unpublished "reanalysis" of formerly issued human statistical studies, the court made…… [Read More]
The groundskeeper explained to the golfers, you are lucky to be alive, "You were sitting on a box of dynamite." The headline of small yet front page article LEOPOLD and LOEB OUGHT to READ THIS. A completely unrelated story of luck, becoms a very sobering reminder to the Sheboygan readers of the nationally infamous Chicago trial, still taking place and likely nearing the sentencing stage. On the same front page of the paper the details of the trail are played out in a larger article where the Sheboygan paper describes details of the trial findings, including the usage of phrases such as "death blow" submitting for public perusal the findings, as to who was the actual killer, (Loeb) and using descriptive testimony of witnesses with regard to Leopold and Loeb's varying psychosis. One passage describes a moment when Leopold began to show sympathy and then promptly apologized for doing so.…… [Read More]
atchen (2005) defines the components of the nursing process as the client, the environment, the definition of health, and the definition of the nurse's role. Another trend in healthcare to be addressed is the reduction of enrollment in Registered Nurse (RN) programs, which has led to a shortage of trained nurses. This trend is important because the role of the forensic nurse has changed as a result of the increase in a nurse's range of function, with the rise in the number of the elderly due to improved healthcare systems and the introduction of community-based preventive projects.
In the future, the role of the forensic nurse may become more specialized and considered a separate profession from the registered nurse. According to the Federal ureau of Health professions, in 2000, the National supply of registered nurses was estimated at 1.89 million, while the demand was projected at 2 million, a shortage…… [Read More]
Thus Koppatschek's testimony is reliable.
In light of David's blatant disregard of the stipulations of the contract with Monsanto, his attempts to cover up his infringement, his inconsistent testimony and his apparent disregard for the legal process, the Court finds that Monsanto v. David does fit the definition of an exceptional case.
Because David violated the Technology Agreement which he signed with Monsanto, there was no reason why Monsanto could not be awarded the attorney's fees stated in said agreement.
Court hold the decision of the lower court in part, holding that the district court did not err in determining that David planted saved seed. The Court held the damages awarded in the amount of $10,000 in enhanced damages, $164,608.03 in costs, and $323,140.05 in attorney fees. However, the Court finds that the alternate award of $30,542.99 duplicated the $164,608.03 damages, and therefore was erroneous and therefore reversed. The…… [Read More]
DNA Exonerations: John Kogut
The Path To Exoneration: John Kogut
The Path to Conviction
When 16-year-old Teresa Fusco left work at 9:45 PM on November 10, 1984 she became one among several young girls reported missing over the past several years [Centurion Ministries, 2013; Innocence Project, n.d.(a)]. In contrast to her predecessors, however, her body was discovered a month later in a wooded area several blocks from the roller rink where she worked. According to the autopsy, Teresa had been raped and murdered. Semen and sperm were collected from her body and the marks on her neck revealed that she had been strangled with a rope or cord. Also found at the scene were her jewelry and the murder weapon. The coroner's office, however, failed to conduct a blood type analysis on the semen.
The Nassau County police were under tremendous pressure to solve these disappearances, especially Teresa's rape and…… [Read More]
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; and 22, other races. More than 80% of these cases involved white victims, although only 50% of murder victims were white. Case studies on race showed that 96% had racial undertones, whereby 98% of the chief district attorneys were white and only 1% were black. Another study conducted in Philadelphia revealed that more blacks were given the death penalty than white and other races at 38%. Still another study conducted in North Carolina said that the death sentence went up by 3.5 times when the victims were white (deathpenaltyinfo.org). Records show that 37 states with the death penalty used lethal injection method in 739 executions, 151 by electrocution,…… [Read More]
Chojnacki, D.E., Ciccini, M.D. & White, L.T. (2008). An empirical basis for the admission of expert testimony on false confessions. 40 Ariz. St. L.J. 1 (2008).
When a false confession has been extracted, the defendant on trial has few recourses. One of their recourses is to convince the jury that the confession was unethically extracted, by calling in expert witnesses in the field of psychology. These expert witnesses can show juries how and why false confessions occur, to show that they are relatively common as well as problematic. However, the authors claim that many judges disallow the expert testimony under the assumption that the jurors are familiar with the topic of false confessions. This article is tremendously helpful in my research because it shows not only that false confessions occur due to bad law enforcement procedures, but also that there is a widespread misperception of how pervasive the problem has…… [Read More]
The problems and future of DNA Testing
The scientific soundness of the DNA test has not been doubted at all. Courts have increasingly relied on the outcomes of DNA tests. The common man is at a loss to understand the complexities of the method, and as a result in jury trials it is not taken as standard proof but approached with hesitancy. Jurors are ignorant of science and the 'principles of modern genetics' and can get quite confused by all the jargon and confusing tactics of lawyers who are more interested in their cases rather than scientific truth. ("DNA Fingerprinting and Forensics," 2006) Thus the very process that can throw light on the proceedings and produce unfaultable evidence gets mired in sticky debates. The actual concern about the DNA test is not a confused jury but the process of collecting the data and analyzing it. There is no…… [Read More]
Driving hile Impaired in Canada
Tough new laws have been enacted in Canada in response to the problem of driving while impaired. In this case "impaired" means driving while intoxicated on alcohol -- being over the limit on blood alcohol (driving under the influence, DUI / driving while intoxicated, DI) -- or on drugs. This paper describes the issue, reviews the relevant legislation and laws, reviews the history of laws pertaining to impaired driving sanctions, and offers analysis of the contemporary legal situations regarding impaired driving laws in Canada.
hat is Impaired Driving?
The Ministry of Transportation in Ontario defines impaired driving as driving "while you ability is affected by alcohol or drugs… a deadly combination" (www.mto.gov.on.ca). The fact is that one drink can reduce a driver's ability to concentrate on the road and the traffic. Even one drink can affect a driver's reaction time, the MTO explains. The MTO…… [Read More]
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.
In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…… [Read More]
Requirements for licensure for psychologists under the American Psychologist Association (APA) set certain educational and ethical standards that govern the profession. Now clinical psychology is, much like medicine and law, a discipline accorded respect in society, and an individual who seeks counseling can feel confident being open and trusting of a licensed therapist. A therapist cannot claim to be a professionally licensed therapist under the law, unless he or she possesses specific qualifications. Licensing is vital to maintaining trust in the profession, as ethical questions grow more contentious regarding psychotherapy, such as the question therapists that do research funded by drug companies on psychoactive drugs, or who testify to the competency of a defendant or witness to stand trial or make decisions about his or her health. Licensing and standardization of qualifications increases confidence that the individual is giving acceptable advice based in evidence and professional ethics.
Certain aspects of…… [Read More]
The First Nuclear Test
Of course, the first nuclear test occurred before the 1950s and was part of the United States' effort to develop an atomic weapon during World War II. This test occurred at 5:30 A.M. On July 16, 1945, at a missile range outside of Alamogordo, New Mexico. Even that test was enough to convince a large group of scientists that the atomic weapon was a dangerous and powerful weapon. "The Franck Report," a petition issued by Leo Szilard and 68 other scientists urged President Truman to first demonstrate the capabilities of the atomic bomb before using it as a weapon against the Japanese, because of the mass destruction that came with the bomb.
This test, known as the Trinity Test, was a tremendous success. "The energy developed in the test was several times greater than that expected by scientific group. The cloud column mass and top reached…… [Read More]
False confessions are an unfortunate part of the criminal justice system. False confessions are often extracted in order to gain a quick conviction without careful consideration for the facts of the case. This can lead to major problems for the defendant and the court system as defendants try to convince juries of unethically extracted confessions. While many in the criminal justice system believe, a false confession is a rare occurrence, research suggests it is a far more pervasive problem than imagined.
If one were to look at false confessions via the lens of cognitive dissonance, one can see that certain perceptions may lead one to attempt to maintain a belief regardless of potential evidence going against such a perspective. That can often lead to actions committed to 'catch the culprit' without considering the entire picture from evidence and testimony. The recommendation then consists of raising awareness of false confessions by…… [Read More]
evidence is widely used in today's courts and legal systems. There are a wide number of examples of demonstrative evidence. Essentially, it is all evidence that represents an object or person. ather than the real object itself, demonstrative evidence includes things that represent it. This includes evidence such as pictures, sound recordings of conversations, video tapped evidence, x-rays, simulations of events, professional sketches, drawings, animations made to represent a real life scenario, computer generated imagery, and models. According to the research, "Demonstrative evidence is that evidence addressed directly to the senses without intervention of testimony. Such evidence is concerned with real objects such as charts, graphs, videotape, and computer animation, which illustrate some verbal testimony" (Marks, 2004). Such types of evidence help establish a sense of context within any given case or scenario. Thus, they help augment actual physical evidence in establishing a stronger case. It can help support the…… [Read More]
law should be used as a tool for shaping a shared moral climate? Why or why not? Should moral values be written into the law and enforced? Can you think of any examples where a change in the law seemed to improve the moral climate of society?
In general, I would say that the government should stay away from enforcing a moral climate in the sense that there has to be the question asked whether someone is harmed or not. However, "harm" is a very loaded term when it comes to some topics and this includes some things that are entirely legal. For example, adultery is assailed as a wrong thing to do. It can obviously break up relationships/marriages and any kids in the mix can be greatly impacted. However, while such tawdry details may (or may not) matter when a divorce or child custody hearing is done, it is…… [Read More]
Let such programs fund themselves through private charitable contributions. If they're justified they'll survive.
Laws and policies should be reformed so they protect all the rights and due process for both men and women equally.
In concluding, justice and fairness can only be attained and preserved where we rely on the judgment of people as jurors. hen we subtly suggest that they defer to expertise in human behavior for a judgment we're in for trouble.
A great deal of propaganda can be created these days to force people to think in a way they normally - and healthfully -- wouldn't. The abuse syndrome defense has gone beyond fairness. It's acceptance has triggered an enormous amount of unfairness in society -- aside from what the propanganda would have you know.
Bartholomew, K., Regan, K.V., Oram, D., & hite, M.A. (2008). Correlates of Partner Abuse in Male Same-sex Relationships. Violence…… [Read More]
The police officer then called the dispatcher to check Caballes' license and see if he had any outstanding warrants. As he was writing the warning ticket, he asked for a criminal background check from the dispatcher and asked Caballes if he had ever been arrested. Caballes said no, but the dispatcher told the officer that Caballes had been arrested twice for distribution of marijuana. While the officer was writing the warning ticket, another trooper arrived with a drug detection dog. The dog walked around Caballes' car and signaled alert. Marijuana was then found in the trunk.
Caballes was arrested and charged with trafficking cannabis.
Before the trial, Caballes' motion to suppress the evidence found in the trunk was denied. Caballes was convicted and sentenced to 12 years in prison and ordered to pay a fine of $256,136. Caballes' lawyers appealed, arguing that the police officer did not have probable cause…… [Read More]
The plan for processing the potential crime/incident scene depends upon maintaining the integrity of the scene as well as the integrity of the data. That means the first step is to prevent the scene from contamination. Preparing for the search is an important step, therefore, in this process.
The team should have the legal authority to proceed with the seizure of evidence and this should be shown upon arrival. Likewise, the team should use safety equipment when arriving on the scene to ensure that nothing is jeopardized (U.S. Department of Justice, 2008).
To prepare for the search, the team will first document the condition and state of the scene. Before anything is moved, the team should photograph and record screen info of all the workstations involved. It is important to assess the current state of the system before any investigative work is begun. Computers should remain on…… [Read More]
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial court fashioned a remedy that required the Department of Corrections to prepare a written protocol requiring the participation of a board-certified anesthesiologist, at least 5 grams of thiopental, and certification that an inmate has achieved sufficient anesthesia before administering the next two chemicals. The court required that it certify the protocol and stayed all executions till it was approved. The State submitted a plan, which was not approved by the court. The State then appealed the trial court's decision.
Rule of Law: A State's lethal injection protocol did not violate the Eighth Amendment, because the protocol required a sufficient dose of thiopental to eliminates an inmate's risk…… [Read More]
Sexual Child Abuse
Child sexual abuse involves a broad range of sexual behaviors that take place between a child and an older person. These sexual behaviors are planned to erotically stir the older person, commonly without concern for the consequences, choices, or outcome of the behavior upon the child. efinite conducts that are sexually offensive frequently involve bodily contact, such as in the state of sexual kissing, touching, fondling of genitals, and oral, anal, or vaginal contact. Nevertheless, behaviors might be sexually abusive even if they do not entail contact, such as in the case of genital exposure, verbal force for sex, and sexual abuse for purposes of prostitution or pornography.
For efinitions propose four main types of child abuse (physical abuse, sexual abuse, emotional abuse, and child neglect), but seldom if ever does one form of abuse happen alone. The suggestion in itself is illogical. Physical abuse and sexual…… [Read More]
Controversy with vaccines, adverse reactions of the MM vaccine and the negative publicity surrounding it
Measles, Mumps and ubella Vaccine:
Absence of Evidence for Link
to Autistic-Spectrum Disorders
Henry K. Nguyen, MD Candidate
Increased incidence of measles, mumps, and rubella is directly due to controversies regarding the measles, mumps, and rubella vaccine despite the absence of data supporting a correlation between this combined vaccine and development of autism.
Dr. Anshu Kacker
5650 including Abstracts
Increased incidence of measles, mumps, and rubella is directly due to controversies regarding the measles, mumps, and rubella vaccine despite the absence of data supporting a correlation between this combined vaccine and development of autism.
Methods and materials: A literature search was performed using key phrases, including the search-requisite abbreviation 'MM' (measles, mumps, rubella), such as: 'autism mmr vaccine', 'colitis mmr vaccine', 'controversy mmr', 'mmr adverse results', 'vaccines autism-spectrum disorders', 'vaccine effects…… [Read More]
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.
Plaintiff firefighter appealed a decision of the United States District Court for the estern District of Tennessee, which granted summary judgment in favor of defendants, a town, its administrator, a fire chief, and an assistant fire chief, on his procedural due process and equal protection claims under 42 U.S.C.S. § 1983. The district court also dismissed the firefighter's claims for civil conspiracy under state law.
The firefighter, who was white, claimed that he was offered but then denied a promotion to the position of fire lieutenant because of his race. Instead, another firefighter who was black was promoted to the position. Defendants argued that the black firefighter was promoted because he ranked above the white firefighter in the testing and interview process. On appeal from the district court's decision, the court held: the district court properly…… [Read More]
Socratic Method of Questioning in "Inherit the ind."
It is a truism, repeated in many crime shows as well as by many lawyers, that a good lawyer never asks a question unless he or she knows the answer to the question, much like the famous Greek teacher and philosopher Socrates. The method of Socratic questioning is thus one in which the lawyer or the instructor professes ignorance of the topic under discussion in order to elicit an engaged dialogue with students or witnesses, with a directed answer or rhetorical destination in mind. The questioning person feigns ignorance about a given subject in order to elicit another person's fullest possible knowledge of the topic under scrutiny -- or lack of knowledge, in the case of the play "Inherit the ind."
In the play "Inherit the ind," the defense attorney Drummond seems to engage in an apparently risky tactic. Drummond calls the…… [Read More]
Are Fingerprint Identifications Such that Can be Considered Valid Evidence
Fingerprint identification is a means of personal identification that is infallible and this is the reason that fingerprints have replaced other methods of identification of criminals. The science of fingerprint identification is stated to stand out among all other forensic sciences for the following reasons: (1) fingerprint identification has served governments across the globe for more than 100 years in the provision of accurate identification of criminals. In billions of human and automated computer, comparisons there are no two fingerprints found to be alike. Fingerprints are the basis for criminal history in every law enforcement agency worldwide; (2) the first forensic professional organization, the International Association for Identification (IAI) was established in 1915; (3) the first professional certification program for forensic scientists was established in 1977; (3) fingerprint identification is the most commonly used of all forensic evidence…… [Read More]
classmates are ordinary citizens interested in science education. You have been assembled into an advisory group. The Virginia State Education Commission is drafting policy that will affect all school boards in the state. You are being protected in a secluded hotel from ACLU lawyers and right-wing demonstration groups. Here is your question: Is Intelligent Design theory scientific? The Commission is paying you thousands of dollars for a simple yes or no answer to this question. Such an answer may be unrealistic but court battles will follow. You need to get as close to a yes or no answer as possible!
As a group you have three reference sources:
• The course Presentation entitled "Origins, ID and the Public School Classroom"
• Two expensive expert witnesses: Michael Behe, a Lehigh University biochemist and Eugenia Scott of the National Center for Science Education. Your two expert witnesses come to you from presentations…… [Read More]
relied upon within the world of communications. This discussion will focus on the theory of narrative paradigm. We will discuss when and why the theory developed and how the theory of narrative paradigm has been researched. Then we will discuss the theory in detail including the views of rational world paradigm. In addition we will summarize what scholars believe to be true about the paradigm theory. We will also discuss suggestions for future research in this area.
When and Why the Theory was developed
The Narrative Paradigm theory was created in the 1970's by Walter Fisher. (Narrative Paradigm Theory, n.d) Fisher created the theory because he felt that the rational world paradigm did not take into consideration the need for the narrative form of communication. Fisher asserts that the rational world paradigm only took into consideration the argumentative nature of communication a theory that was made famous by philosophers such…… [Read More]
If the satellite had successfully entered orbit, this would have put the United States more than a year ahead of the Soviets in the endeavor, which added
In fact, this was not the only rocket and satellite project that many United States scientists and government officials felt had been failures, or at least under-utilized successes. The Soviets increased the pressure on the American rocket program with their launch of Sputnik II on November 3, less than a month after the launch of their first satellite, and political urging from Eisenhower and others forced the early launch of an American Vanguard satellite.
The Vanguard project had actually anticipated a launch date ahead of the Soviets, which may in part have spurred on the Soviet team and helped them to set their deadline, but a series of setbacks delayed the various test launches of the vehicles meant to deliver the Vanguard into…… [Read More]
For some the issue then arises when the pluripotent cells are removed from the blastocyst, as this very act negates the ability for the cell group to develop into a human being. "Note that the process of changing from totipotent to pluripotent to multipotent cells is not reversible -- that is, pluripotent stem cells do not produce totipotent stem cells, and multipotent stem cells do not produce pluripotent stem cells."
Borror, O'Rourke and Skirboll 54) Additionally, the proponents of stem cell work cite the pluripotent as incapable of producing a human being therefore not a destruction of life, hence leading to the Bush decision to ban the creation of new lines of stem cells, as it would require the destruction of further human totipotent cells.
Multipotent. The pluripotent stem cells undergo further specialization into multipotent stem cells, which are committed to giving rise to cells that have a particular function.…… [Read More]
Decisions by School Superintendents
Improper Attitude and Unprofessional Conduct of Teachers
To educate a person in mind and not in morals is to educate a menace to society - President Theodore oosevelt.
That teaching is at one and the same time an intellectual as well as a moral endeavor, is an idea that is well entrenched in the minds of men since centuries past. The sayings of great teachers of ancient times bear ample testimony to this premise, which continues to hold sway across nations and vastly differing civilizations over the years.
In the sense that it takes care of the general well being of young students entrusted to the care of an educational institution and ensures that they are treated fairly and accorded the respect they are due as persons, teaching is most certainly a moral activity. It is concerned with building and maintaining relationships of trust with pupils…… [Read More]
Substance Induced Insanity
Psychosis is a psychiatric state that can either be enduring or temporary. A person suffering from the condition may experience memory lapses, incoherent speech or thoughts, lack of concentration, delusions and/or hallucinations. Other symptoms that may manifest when one is suffering from psychosis include changes in personality and exhibition of unusual behaviors. It has been established that psychosis can be caused by various substances such as marijuana, methamphetamine and alcohol. Substance induced psychosis typically occurs when an individual has been continually using stimulants over a long period of time. The two most common substances or stimulants known to induce psychosis are methamphetamine and amphetamine. Apart from these drugs, the 'designer' drugs have also been found to induce the condition. Individuals suffering from substance-induced psychosis may exhibit loss of contact with reality and they may also become fixated on a certain action or place and may engage in…… [Read More]
Product liability is an area of law in which any organization that either makes products (manufacturers) or distributes to the public (makes available) may be held responsible for potential injuries that may be caused by those products. In the United States, claims for product liability are usually associated with some type of negligence, breach of warranty, or other consumer protection issues. However, the large majority of product liability laws vary considerably because they are determined from state to state. This, of course, makes it problematical to litigate across state boundaries, as well as ensure that manufacturing requirements are met more universally (Golden, 2000).
Case -- Jennings v. Baxter Healthcare Corporation. 331 Oregon 285.14.P.3d596 (2000)
In 1978, Plaintiff received silicone breast implants following a mastectomy. Both implants partially deflated: the first in 1980 (and was replaced), the second in 1992. In 1993, Plaintiff had the implants removed, and it was discovered…… [Read More]
There are three types of stimuli used, which are:
2) Irrelevant; and 3) Probes.
These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.
Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…… [Read More]
logs and narrative-only reports is commonplace in a number of public and private sectors, including law enforcement and health care where they are used to codify different types of events for different purposes. Irrespective of the setting and purpose, though, these types of written records can play a vital role in keeping track of important events and establishing accountability for future analysis or investigation. To gain some fresh insights in this area, this paper provides an explanation concerning the purposes of and differences between incident reports, logs, and narrative only reports. A discussion concerning the five rules of narrative report writing is followed by a summary of the research and important findings concerning the importance of honest, factual report writing.
eview and Discussion
As the term implies, an "incident report" is intended to capture the important details of an untoward incident of some type. In a tertiary health…… [Read More]
Economics in Ancient Civilization
It is said that "Rome was not built in a day." Indeed, the Roman Empire was the last of a series of civilizations to emerge in the Mediterranean by the First Millennium, B.C. Precursors to the culture most identified as the seat of estern political economy, the Ancient Egyptians, Etruscans, Greeks, Syrians, Carthaginians and Phoenicians all had contact with the Romans, and eventually were incorporated through territorial expansion of the Empire in Asia Minor, Cyrenaica, Europe, and North Africa. Prior to the Roman period, Europe was primarily occupied by Barbarian tribes; societies where no written language, legal system or alternative mechanism of governance was in place. hen we discuss the advancement of Ancient civilizations, then, it is through the transmission of law, literacy and polity that we find source to retrospect on early economic forms. In Feinman and Nicholas (2004), Perspectives on Political Economies, the difficulties…… [Read More]
This role is in response to clients' demands for a single trustworthy individual or firm to meet all of their financial needs. However, accountants are restricted from providing these services to clients whose financial statements they also prepare." (U.S. Department of Labor, ureau of Labor Statistics, 2009)
1. Public Accounting
The work entitled: "The Reality of the CPA's Role" states that modern CPAs work "behind the scenes as trusted advisors in nearly all significant business decisions. Successful accountants display the ability to think strategically and creatively and to be problem solvers and business advisors." (Douglass, 2006) Douglass states that the views of the CPA are widely varied "...whether from the viewpoint of the investing public or from the perspective of the companies that engage CPAs to audit their financial statements or perform other functions. In fact, many people not involved in the business management or accounting profession may perceive CPAs…… [Read More]