Further, my involvement in student activities has created the connections to tangible, real-world events that have enhanced my student experience and opened the doors to personal development.
Unlike many students who anxiously await the future because of these uncertain economic times, I feel that I am completely prepared to pursue my dreams and am raring to go even though my time spent here has been so rewarding. By coming to this university, I have renewed my passion and commitment to my own education and that of others. My education has allowed me to develop a commitment to my studies, my personal success, the school and the community. Professors have worked with me to ensure that I understand that I am a future role model and successor of the university and have included in-depth, cross-curricular components in their classes to strengthen my experiential reference points and background knowledge. Therefore, I feel…… [Read More]
Often, globalization brings rapid changes to a country, including some drastic changes in the economy that some countries may not be able adsorb. These experts note, "In the same way as industrialization disembedded the economy from the community, the process of globalization disembodies the economy from the state. The economy becomes uncoupled from the national interest and increasingly subjected to international forces"
ice and Michael 172). If a country loses too much control of its own economy, it can be damaging or even deadly, and the WTO needs to monitor these economies, to make sure they can survive and thrive during times of growing globalization. In addition, many global markets may take advantage of much lower wages in growing countries, thereby keeping the foreign workers at the poverty level, while leaving American workers without jobs here at home. Since the WTO is now the administrator of all multilateral trade agreements…… [Read More]
United States. (R.T.C., p. 1217). The third judicial approach focuses on a defendant's constitutional rights. "Some courts have held that a pretrial hypnosis session may be so suggestive that a criminal defendant's due process rights are violated if testimony influenced by the session is admitted. These courts scrutinize hypnotic procedures under the standard for pretrial identifications developed by the United States Supreme Court in Stovall v. Denno." (R.T.C., p. 1219). These standards restrict the admission of any identification testimony that the court deems the result of unnecessarily suggestive procedures, which could deny a defendant due process of law. (R.T.C., p. 1219).
hile hypnosis does introduce certain difficulties into eyewitness accounts, the fact is that some of the elements used in hypnosis can be helpful in enhancing recall. The most successful types of hypnosis show a lack of negative factors and an enhancement in positive factors. These elements are incorporated into…… [Read More]
Some of the most important tools in the arsenal of the fire investigator include the senses of smell, touch, and physical manipulation. Likewise, the process of logical deduction often provides the correct forensic analysis of the evidence. Under Frye, crucial expert witness testimony relating to the practiced synthesis of the totality of circumstances disclosed by meticulous investigation is often excluded from use at trial.
Certainly, Daubert provided additional flexibility of possible avenues capable of establishing foundational qualification of expert witnesses, but insufficiently to redress the problem.
Conclusion - Carmichael, Federal Rule 702, and Implications for Fire Investigation: The 1999 Carmichael case finally resolved the conflicting standards articulated under Frye and Daubert and their progeny since 1923 and 1993, respectively. In Carmichael, the Supreme Court specifically departed from the Frye standard and expanded the criteria introduced by Daubert to include non-scientific evidence as well as scientific evidence, suggesting that the Daubert…… [Read More]
"One U.S. Court said this of the problems with eyewitness identification: 'e think it is evident that an identification of an accused made by a witness for the first time in the courtroom may often be of little testimonial force as the witness may have had opportunities to see the accused and to have heard him referred to by a certain name; whereas a prior identification, considered in connection with the circumstances surrounding its making, serves to aid the court in determining the trustworthiness of the identifications made in the courtroom'" (McAtlin 2009).
Regarding jury consultants, every defendant has the right to a fair trial. Consultants can point out individuals who may be biased against the defendant for reasons that are not purely factual and help to highlight language the prospective juror uses that might indicate potential biases. "Preparing" witnesses does not mean preparing them to disseminate inaccuracies. It can…… [Read More]
Yet holding onto the feelings of superiority I continued to push for what I wanted, causing my parents much pain I am sure. It all came to the breaking point in High School when I saw how the selfishness was leading to drinking and staying out late with bad friends, and was eventually going to lead to really bad things like smoking or drugs. I didn't feel loved by anyone anymore and was more rebellious and depressed than ever. My parents were concerned with me and took an even harder stance against my having free time, threatening to send me away to a military school. My father even laid out all these brochures in front of me and told me to choose one to attend if I did not became nicer to my family. I began to feel really depressed after that and jumped at the chance to go away…… [Read More]
Translator's Testimony, Phillips discusses the many discoveries he made when translating the New Testament. His discussion of his journey is both inspiring and promising. The knowledge that even a well-worn clergy can discover new things when actually studying the New Testament inspires us to attempt to learn more about the New Testament, and God's teachings.
Through his translations, Phillips discovers a wealth of knowledge and new ideas about Jesus and the apostles. These new ideas and challenges influenced Phillips in many ways. First, his discovery that there is a ring of truth to all portions of the New Testament impacted him in that he began to understand why so many people are changed forever by the words of the New Testament (Phillips, 2004). This new knowledge assisted Phillips and inspired him. By finally understanding why so many are touched forever by the words, Phillips was able to become a better…… [Read More]
The memory might feel and seem real, but it is like recalling a television show or a dream.
Bias, prejudice, and stereotyping can also impact the reliability of eyewitness testimony. For example, a person who believes that non-whites commit crimes more often than whites might mistakenly identify a perpetrator based on racial prejudice. A person might not be willing to admit what they saw. Assuming the eyewitness is not actually committing perjury, there is still the chance that unconscious or subconscious bias influences the recollection of events.
Only a camera, voice recorder, or other pieces of equipment can provide totally reliable snapshots of what happened during a crime. Eyewitness testimony might work well in court, but it is not necessarily the most reliable form of evidence. In order to make eyewitness testimony more reliable, law enforcement officers need to first cast aside their own biases. When law enforcement officers become…… [Read More]
exhibit at issue is the testimony of the police officer. A police officer testified that he recovered $350.00 in the apartment. The cash was in a closet, and was accompanied by a toy gun that closely resembled a handgun.
Police found $350 in cash in mixed bills and a toy gun which closely resembled a real handgun. A reasonable person would not have cash and a handgun in his closet.
The cashier could hear the robber taking money from the cash register, but could not see what the robber did. The cashier believed that $500 had been taken from the register.
It is not possible to prove with certainty that the recovered bills were from the bills actually taken in the robbery, but the mix of denominations in the seized bills was consistent with what had been in the cash register, according to the cashier.
Under the Federal…… [Read More]
In regards to whether the testimony of the deceased victim can be used as evidence, this seems to be a somewhat grey area. One case in 1995 in Arkansas, however, indicated that the testimony of the deceased victim could be used, provided that it was sworn testimony, and not just something that the victim had said in the presence of witnesses (Dansby v. State, 1995). If there were only witnesses to say that the victim stated the defendant was the guilty party, this would be inadmissible. However, since the deceased was involved in the preliminary hearing before he died, the defendant was present at this hearing, the victim clearly identified the defendant, and the victim also responded to a cross-examination by the defendant's lawyer, it appears that the testimony that this victim gave would certainly be admissible and could therefore be used in an effort to convict the defendant…… [Read More]
Miranda Fricker's 'Central Case' of Testimonial Injustice
Considering a case in which Tom, a black man is alleged to have raped a white woman; Miranda explores how injustice happens within the confines of offering testimony. Tom is a black man living in Alabama accused of raping a white woman. Every detail and evidence that tries to bring out Tom as not the possible suspect are disapproved because of Tom's blackness. Tom has no power to harm anyone using some part of his body, a solid and physical prove that he is not the one who might have raped the white woman. The jury is credibly informed that the man in suspect is Tom since they cannot buy into his testimonies because he is considered "black." The testimony is, in some way, affected by the characteristic features of the person giving the testimony. The testimony does not stand on its own…… [Read More]
Abdo's (2013) testimony to the American Civil Liberties Union (ACLU) is about the NSA privacy breaches first exposed in depth by Edward Snowden. The speaker accuses the NSA of using intrusive and "in certain respects unlawful" surveillance methods (p. 2). The NSA has also used their surveillance techniques outside as well as inside of the United States. Abdo (2013) speaks directly to the ACLU to outline the scope of the NSA's surveillance program. The overall purpose of the speech is to suggest what role the ACLU can and should play in promoting civil liberties, which is of course the mission of the organization.
Because NSA surveillance is a direct threat to privacy and civil liberties, the subject matter is directly relevant to the core goals of the ACLU. First, the author lists some of the main components of the NSA surveillance program. A few of the components are rooted in…… [Read More]
Jesus' Testimony to the Pharisees in John 8:58
The Gospel of John reveals a number of "I AM" assertions made by Jesus Christ. They are bold declarations through which Christ makes a powerful point, namely that he IS divine. However, the language that Jesus uses also conveys a message about the mystery of His Person. He uses words and formulas that are deeply meaningful for the Hebrews to whom He speaks. "I AM" after all is more than a mere subject followed by a predicate. It is the name of God as He called Himself when He spoke it to Moses in the Old Testament. Therefore when Jesus says to the Jews, "efore Abraham was, I AM" (John 8:58), he is deliberately equating Himself with the God of the Old Testament by using the language of that God.
At its most basic level, Jesus' "I AM" assertion in John 8:58…… [Read More]
Aristotle believed there should be guidelines governing the act of giving testimony (Kennedy, 2004, p. 227-228). For example, a jury member should place greater weight on the reputation and social standing of the witness, than on the content of the testimony given. If a person of good character is called to testify before a formal investigative body, a reasonable listener is therefore required to open their mind to anything the witness may claim. This process of 'reciprocation' requires reasonable jury members and judges to accept as trustworthy the testimony of a reputable person, even if the events described seem incredible and go beyond their own personal experiences.
Unfortunately, the days of small village tribunals where jury members knew most of the participants in a trial, and therefore the reputations and trustworthiness of witnesses, are generally a thing of the past in the United States and much of the world.…… [Read More]
Dr. Gary Kaniuk
Consultation Triage & Testimony in Forensic Psychology
Female Serial Killers -- An ntroduction
The heinous act of murder has been outlawed by various authorities, states, jurisdictions, and by many religions for thousands of years. One of the best known of the Ten Commandments ("Thou Shalt Not Kill") is explicitly clear on killing. But when the perpetrator kills more than one person, and continues the killing at intervals, it is called serial killing and that is the subject of this research.
given that only one out of every six serial killers is female, there has been a lack of understanding and also a lack of empirical research that leads to a better understanding of these hideous crime sprees by females. That dearth of knowledge should be supplemented with more research.
Female Serial Killers -- Data & Histories in the Literature
The Federal Bureau of nvestigation (FB)…… [Read More]
Auschwitz gave to Promo Levi when he dared to ask the "hy?" question. To be sure, the guard was simply attempting to be cynical and sarcastic rather than reflective or philosophical, but LaCapra is also critical of Claude Lanzmann for failing to ask this question enough in Shoah. All of the Germans who Lanzmann interviewed were either perpetrators of complicit bystanders, and they spent a great deal of time explaining what, where and how the Holocaust happened, while also denying or minimizing their own responsibility. Franz Suchomel, the S.S. guard at Treblinka, was a notable exception to this rule, but Lanzmann interviewed him with a hidden camera after promising to keep his identity anonymous. Almost all of the Jewish survivors described what happened in painful detail, and Lanzmann's preference was to make them literally relive their experiences, but they were not asked why. ith a few exceptions the resistance leader…… [Read More]
Eyewitness and ecalling
I shook hands with Bugs Bunny... Describe and evaluate the role of schemas and stereotypes on recalling past events. What implications does this have for the accuracy of eyewitness accounts of events?
I shook hands with Bugs Bunny... Describe and evaluate the role of schemas and stereotypes on recalling past events. What implications does this have for the accuracy of eyewitness accounts of events?
Literature on Schemas
Literature on Schemas and Stereotypes and their role in Eyewitness
I shook hands with Bugs Bunny... Describe and evaluate the role of schemas and stereotypes on recalling past events. What implications does this have for the accuracy of eyewitness accounts of events?
To investigate and prosecute crime the criminal justice system heavily depends on eyewitness identification (Wells & Olson, 2003). An eyewitness goes through different psychological procedures prior to the courtroom testimony. It is evident that before…… [Read More]
Alan Greenspan's testimony starts with a comparison between the state of the U.S. economy in July 2004, time of his present testimony, and the state of the economy in February 2004, the time of his previous testimony in front of the U.S. Congress.
In February 2004, the main problem of the U.S. economy, as identified by Greenspan, was the fact that the company's increase in income and net profits were related to a better use of human resources rather than on an increase in employment. In other words, despite the fact that the economy was on the rise, it failed to produce new jobs. This was a direct consequence, in Greenspan's opinion, of the risks associated with increased employments, more notably "corporate accounting and governance scandals," a "decline in stock prices" and the overall "geopolitical tensions"
As compared to the unemployment situation in February 2004, the period up to July…… [Read More]
Complaints From Community Members
The fact that Officer Daniels has received complaints filed by multiple different members of the community in a relatively short period of time would raise immediate concerns. Whereas an isolated complaint could be the result of a misunderstanding, an unfounded act of retribution by someone for appropriate police action initiated by the officer, or the result of a single bad momentary decision, the fact that there are multiple such complaints suggests it is more likely that Officer Daniels may not be performing his duties optimally. Moreover, the fact that the complaints involve three different types of unrelated conduct suggests that there might be a common underlying issue such as psychological fatigue, burnout, or unresolved psychological trauma, as opposed to a an issue of poor or insufficient training (Miller, 2007). As a police psychologist, I would approach the situation as a possible unconscious request for help by…… [Read More]
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…… [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]
Reliability of Eyewitness Testimony
The Scientific Method
The scientific method is one of the most commonly utilized mechanisms in physical science to develop and conduct experiments. This method consists of several sequential steps, which are reflections of what happens during the scientific process. The use of the scientific method in conducting experiments is influenced by its ability to help lessen experimental bias and errors, which contribute towards poor results. Through lessening bias and errors in experiments, the scientific method enhances the reliability and accuracy of the results, which in turn enhances the researcher's confidence. The sequential steps in this method contribute to achievement of accurate results through proper organization of thoughts and procedures by scientists when performing an experiment (Science Made Simple, n.d.).
As a result of its capability to produce accurate results in experiments, the scientific method can be applied to problems or challenges in a particular field of…… [Read More]
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).
Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.
Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…… [Read More]
Akutagawa uses perspectivism in his story In a Grove here the main focus is on the incident that is being investigated by the high police commissioner. Here Takehiko is found murdered and the police highly suspect Tajomaru "The man that I arrested? He is a notorious brigand called Tajomaru." Tajomaru, confesses to the murder and gives a detailed description of the occurrence of the incident he began with agreeing and the "…when I disposed of him, I went to his woman and asked her to come and see him… (6)" then "...I was about to run away from the grove, leaving the woman behind in tears, when she frantically clung to my arm…"(6) and finally "…Then a furious desire to kill him seized me.(6)" As much as this appears to be an easy case to solve, matters get complicated when the wife of the slain Samurai testifies. She confesses to…… [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]
A police officer's proven dishonesty is not a minor matter. Ignoring or covering up that dishonesty, if discovered, could be devastating to the police department's credibility. Furthermore, due to Due Process laws in the United States, his/her dishonesty could affect the outcome of past cases in which he/she testified and future cases in which he/she may testify. Finally, the prosecution is required to hand that information to defendants' attorneys. Simultaneously, the officer has served the department for 15 years with only 2 "bad" incidents. Handling this officer's proven dishonesty will require swift action that is fair to the department, the Prosecutor's office and this officer.
Decision: Remove The Officer From Active Duty And Offer Him An Alternate Departmental Job That ould Never Entail His Testimony In Court
You are the Chief of Police of a municipality. Your Deputy Chief of Police advises you that one of your…… [Read More]
Gordon, Betty N., Baker-Ward, Lynne, and Ornstein, Peter A. (June 2001) "Children's testimony: A review of research on memory for past experiences."
Clinical Child & Family Psychology Review. Volume 4(2), 157-181. Retrieved at http://www.wkap.nl/journalhome.htm/1096-4037 on December 7, 2003. Document Link URL:
The goal of the article was to evaluate several recent studies on children's memory the implications for the accuracy of children's testimony in the legal system. Although the studies were not all purely focused on sexual trauma recollections, the implications for legal court battles focusing on these recollections are of particular interest to the authors.
Pertinent to evaluating importance of article is how thoroughly it deals with the question of how memory develops in children over the course of the development process and how this memory may be tampered with.
The article also touches upon the idea, slightly more tangentially of how subjective is autobiographical and/or eyewitness testimony…… [Read More]
To protect themselves, many Americans chose to avoid working with or becoming friends with those who immigrated. A lack of trust permeated everything that the Americans did in regards to the immigrants, at least with the men. This was not always true of the women, as they often got along together and shared the trials and difficulties of raising families. However, many men who owned shops and stores would not hire an immigrant laborer (Glazer, 1998).
They believed that immigrants took jobs away from people in the U.S., and they did not want to catch any diseases that these immigrants might have brought with them. The general attitude during this time period was that immigrants were so different from Americans that they could never mesh into one society, but that attitude has obviously changed, as today America is a mix of all kinds of people (Glazer, 1998; Sowell, 1997).
What…… [Read More]
In refusing to bargain or negotiate with Mr. Bolton, attorney for Mr. Allen, the Postal Service was upholding its contract with the Union to consider the Union the sole bargaining agent for Mr. Allen and other rural mail carriers. The Union's claim that management discounted the information provided by Mr. Bolton because he was a non-bargaining agent is a gross misrepresentation of the occurrence; no real information was provided by Mr. Bolton that had bearing on this case, and management politely but firmly denied to further correspond with the attorney for matters it had contracted to negotiate through the union. Management had stated that Allen would be reinstated should the charges be dropped or Allen acquitted, and until that time the grievance and dismissal were solely labor -- and not criminal -- concerns.
There is no reason that the Union should not be allowed to provide character witnesses attesting to…… [Read More]
Threat or perception of threat is best described by protection motivation theory:
This theory states that the extent to which people show preventive behavior in light of a threat depends on their protection motivation (. W. ogers, 1975, 1983). According to this theory, the level of protection motivation depends on the seriousness of the threat, the probability that the threat will manifest itself, the judged efficacy of the recommended behavior (called response or outcome efficacy), and the self-efficacy expectation relating to that behavior. (Wiegman & Gutteling, 1995, p. 235)
In a practical sense what this theory says about the perceived threat is that as incidences of observation occur in the lives of individuals, be they real or imagined they will likely become more protective and therefore attempt to engage in avoidance of behaviors that have been identified with the production of environmental threat. By doing so this the individual, and…… [Read More]
Malpass, R. & Devine, P. (2003). Increasing Eyewitness Accuracy in the Lineup Procedure Is All in How You Ask the Question.
The author of this brief overview of the research presents a very clear and concise problem statement for the research undertaken. Eyewitness accuracy when it comes to lineups is the primary issue of concern to the researchers, and the problem statement given at the top of the summary article specifically identifies the issue of false identifications -- witnesses wrongly identifying the wrong person in a lineup and leading to false arrests and even false convictions -- as the area of primary concern. This relates directly to the experiment the researchers design and carried out and to the results of this experiment, making this clearly focused and very concise problem statement relevant throughout the entire research study. The purpose of the research is clearly and immediately identified, helping the reader…… [Read More]
U.S. v AOL:
AOL case was a lawsuit involving collusion between the executives from AOL and PurchasePro Inc. (PPO) with the sole intention of overstating revenue. The 37% overstated revenue would make executives to believe that PurchasePro Inc. had achieved its sales forecasts, which would in turn contribute to inflation of the company's stock price. Due to their contributions, some of the executives involved in this illegal agreement and fraud would obtain large bonuses and the company's stocks. However, the jury in the case acquitted the three defendants in the much publicized five-year investigation into fraudulent accounting practices between AOL and PurchasePro. Notably, the case offers an example of criminal offenses conducted through the use of computers and necessitates the use of computer forensic tools and procedures in order to resolve.
The Use of a Computer to Commit the Crime:
As previously mentioned, U.S. v AOL is a lawsuit involving…… [Read More]
Dr. Jones' testimony in detail, providing examples of how the facts that he presents have had an impact on your own pre-conceived ideas and perceptions. How did Dr. Jones' testimony alter your opinions on exploiting weaknesses and what would you change about our efforts against international terror groups like al-Qaeda and al-Shabaab?
According to Dr. Jones, rather than solely focusing on how terrorist groups begin, there should be equal attention devoted in the literature to how they end. esearch indicates that the most common methods of termination are localized ways, either incorporating the group into the political process or using local intelligence agencies to kill critical members. Outside military force or, conversely, the group using force to achieve victory, is extremely rare (Jones 2008:1). Interestingly, while religious groups tend to be less likely to achieve victory, they are also amongst the most difficult to eliminate. Also, when terrorist groups become…… [Read More]
Social psychologists have shown that a group can be heavily influenced by the dominating, authoritarian decision making of one or more strong supporters of the death penalty.
Despite the democratic process of picking jury members, many typical jury selection practices later lead the group of twelve picked to be of a certain caliber, based on the characteristics of those chosen and how those characteristics relate within a group setting. Since the 1970's, social psychologists have been used by counsel to help ensure victory in the outcome of certain cases. Due to the influential potential of a jury's opinion, venue becomes essential in the outcome of the case. The trial of the police officers in the Rodney King beating was set in Simi Valley; the general population being extremely conservative and too many, racist. Modern professionals trained in jury selection based on social psychology findings are known in today's industry as…… [Read More]
To that end, proof is sufficient evidence or argument for the truth of a proposition. This might include evidence from witnesses, forensic investigation and so on to prove the underlying conclusion. Testimony is a solemn attestation as to the truth of the matter. Testimony would most likely be used in court in the form of witness recollection in order to further the proof and evidence in a case. Admissibility is any testimonial, documentary, or tangible evidence that may be introduced to the jury or the judge in order to establish or to further a point that has been made in a court case. With admissibility, comes relevance which describes how pertinent, connected or applicable something is to a given matter. A thing is relevant if it serves as a means to a given purpose- relevant evidence, proof or testimony helps the admissibility of the justice process. Also, materiality is "significant…… [Read More]
The overall credit conditions have for example been severely affected by housing market and other economic trends. This has been exacerbated by energy and commodity price increases, which have affected household buying power negatively.
Concomitantly, the inflation rate has remained high at nearly 3.5% for the first five months of 2008. Chairman ernanke also noted that the trend in rising prices was likely to further increase inflation. Furthermore, oil production has risen only slightly, despite sharp price increases. This indicates tighter government control over oil reserves.
The declining value of the dollar in foreign markets also seems to be a matter of concern for congress that both result from and in turn affect the volatility of oil prices. There does not seem to be a particular emphasis on any single aspect of inflation or the recession. Instead, the general consensus appears to be that all the elements within the economic…… [Read More]
This firm's client, Franklin Olsen ("Olsen") was arrested and subsequently charged with burglary of the home of Lindsay Young ("Young"). Young informed the police that she had found Olsen in her home on October 15, 2010, at dusk and observed Olsen for approximately one minute prior to his leaving the property. Young described Olsen as being dark haired, wearing all black clothing and being extremely tall. At that time that Olsen was taken into custody.
Young was asked to make identification of the suspect to the burglary in a police lineup. Olsen was one of six white males in the police lineup and had an attorney present to represent him. All the participants in the lineup other than Olsen were between 5'8: to 5'10" in height and all wore clothing that was light in color however, Olsen was instructed to wear all black clothing. Olsen was additionally the only…… [Read More]
Parental Custody Case
Memorandum for Mother
The issue at hand regards the legal custody of minor child Chastity Bright and whether her mother or father should be her legal custodian.
In the state of Arizona, custody is based on several factors. The wishes of the parents, wishes of the child, child interaction with parents, health of all participants, child's adjustment, parent primarily responsible for care, which parent will allow contact, any duress or coercion attempted, and whether false allegations were raised are to be considered subsequently.
Statement of the Facts
Based on the testimony of the mother, father and minor child, the facts of the case are these. Both the mother and the father want to have primary custody of the child, and the mother has had that custody prior to this trial. The mother has retained promise of a job in another state,…… [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]
8. How does Capote develop and reveal his attitude in the description of the prison on pages 309 and 310? First, Capote sets the idea of the Leavenworth Prison as more of an economic (therefore tactical) boon to the local economy. His prose tells the reader that the Penitentiary for men is almost medieval in nature (turreted black and white palace), but built in the Civil War (therefore outdated and brutal). He uses terms like "stony village," "twelve gray acres of cement streets," and "the Hole," to paint the institution as both archaic and inhumane. Death ow, however, "is reached by climbing a circular iron staircase," almost an ascent into heaven, but the "coffin-shaped edifice" again emphasizes Capote's disdain and cruelty of the prison -- never allowing an inkling of the idea that people who are placed in institutions like this are not being rewarded -- on the contrary.
9.…… [Read More]
Both Andrew and Abby had been killed in a similar manner -- crushing blows to their skills from a hatchet (Tetimony of Bridget Sullivan in the Trial of Lizzie Borden).
Just prior to the murder there was a great deal of conflict at the Borden house. The two living Borden sisters, Lizzie and Emma, occupied the front of the house, while Andrew and Abby the rear. Meals were rarely served as a family; Andrew was very tight and rejected many modern conviencences and the two daughters, well past marriage age for this time period, argued with their Father about his decision to dive the valuable properties among extended relatives before his death instad of the estate going to them. Lizzie did not hate her step-mother, but did not really enjoy her company and the combination of Andrew's monetary views, the new social mores of the time, and Andrew's insistence that…… [Read More]
The forecast provided by Allen Sinai gave the reader a somewhat accurate analysis of the macroeconomic phenomenon. However, there are also a few problems. Sinai estimates a 0.4% increase in 2005 for the consumer price index, which is not actually correct, but it's not to far from reality either. Given the increase of the interest rate, people will probably feel not so comfortable in buying as much as during the previous years, so a slight decrease can be expected. After all, January is known as a slow month. 0.4% means about 4% a year, which is much more than the economy is currently able to take.
The estimated trade balance was larger than the recorded one, therefore proving the pessimism of Mr. Sinai. After all, many analysts expected worse trade deficit results than the one that were published in November 2004. It would seem that the low-value dollar policy promoted…… [Read More]
Smith notes that it may be impossible to unequivocally prove something with one hundred percent accuracy; rather, scientists seek probability.
The term theory is often misconstrued: Smith states that "theories always explain facts." Moreover, there is no clear demarcation between a theory and a hypothesis. Theories are basically broad hypotheses. Laws, on the other hand, are more restrictive and are often derived from theories. The practice of science entails experimentation as well as presentation to the scientific community. When the research is presented to other scientists, it is usually done so through peer-reviewed journals. Often other scientists will critique and critically evaluate the scientific experiment and attempt to replicate it. When the experiment has been replicated the hypothesis may become part of the canon of established science and from there, common knowledge.
Because science can only deal with what is observable and measurable, it can not apply to philosophy, aesthetics,…… [Read More]
..]; and (b) external factors that involve juror and defendant demographic characteristics" (Gordon & Anderson, 1995, p. 455-456). These factors can be difficult, if not impossible to overcome, and lead to numerous problems in the court system, from hung juries to incorrect decisions about guilt or innocence.
Trial lawyers are exceedingly good at using social psychology methods during trials. These lawyers use the principles of how people relate to each other and get along in life to make their clients seem more sympathetic and innocent to the jury and judge. For example, a murder suspect comes to court with his young baby in the front row for all the jury and courtroom to see. These psychological persuasion tactics are quite influential to many jurors, who have their own belief systems and ideas about what is right and wrong and the lawyers understand this and use it to their advantage.
eferences…… [Read More]
On June 27, 1844, hundreds swarmed the jail and brutally murdered the Smith brothers, leading their followers to conclude that they were martyred (Sisk).
At Joseph's death, righam Young was president of the Twelve Apostles of their church and became the leader of the largest faction within (Sisk 1992). Some who separated from Young's group formed their own, called the Reorganized Church of Jesus Christ of Latter Day Saints, under the leadership of one of the brothers of Joseph Smith. In 1846, Young's group declared that the "saints" would leave Nauvoo and they settled in Utah the following year and, for the next 20 or so years, many moved to Salt Lake Valley to join those "saints (Sisk)." The growth was so tremendous that many ascribe greater magnetism to Young than to Joseph himself in attracting followers. It is noted that the current-day Mormon Church has millions of such followers…… [Read More]
Nixon and the Legacy of the War in Vietnam
Nixon & Vietnam
President ichard Nixon set out policy goals for the conflict in Vietnam in a speech to the nation on November 3, 1969. At the time the country was deeply divided over the question of our presence in the region. In this speech Nixon claimed a nation cannot remain great if it betrays its allies and down its friends and that a unilateral withdrawal of all United States forces would humiliate our nation and promote recklessness in the councils of those great powers who have not yet abandoned their goals of world conquest and spark violence wherever the nations commitments helped to keep the peace. A withdrawal of American forces would in the final analysis cost more lives and not bring peace, but more war. Nixon asserted that for these reasons he would not end the war…… [Read More]
rise of business and the new age of industrial capitalism forced Americans to think about, criticize, and justify the new order -- especially the vast disparities of wealth and power it created. This assignment asks you to consider the nature and meaning of wealth, poverty and inequality in the Gilded Age making use of the perspectives of four people who occupied very different places in the social and intellectual spectrum of late nineteenth-?century America:, the sociologist William Graham Sumner, the writer enry
George, a Massachusetts textile worker named Thomas O'Donnell, and the steel tycoon
For Andrew Carnegie, wealth was a good thing. In his "Gospel of Wealth," Carnegies talks about the problem of "our age" which is the proper administration of wealth. e has his own philosophy of how wealth has come to be unequally distributed with the huge gap existing between those who have little and those…… [Read More]
The theory involving Christine being determined to put an end to Rhoda's life can be related to her ration intervening, influencing her to take action before Rhoda continued her killings.
Rhoda pays special attention to the way that her mother sees her, and, even though she knows that her mother has the power to denounce her, she does not attempt to murder Christine. The next in Rhoda's list of killings would have been Monica Breedlove, taking into consideration the fact that the women had been closely connected to her, and that it had been possible for her to endanger Rhoda with the information that she knew.
The ending of the movie is most probably intended to present the audience with what it wants to see, someone finally punishing Rhoda, not through putting her into a mental asylum (as should have been the case), but by physically hurting her.
Sidney Lumet's…… [Read More]
As you know, the Fourteenth Amendment clearly states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Furthermore, it is impossible to determine how many otherwise-qualified individuals were dissuaded from serving in the armed forces because of the Don't Ask, Don't Tell policy, but it is also reasonable to suggest that the figures are high and the need for their service is great.
The United States is proud of its heritage of being a nation of laws, and the laws that apply in the case of Don't Ask, Don't Tell make it abundantly clear that this archaic relic of the past is no longer relevant in the…… [Read More]
In 1976, life changed dramatically in Argentina. On March 24, 1976, a military coup took place. In an attempt to wipe out all dissenting opinion, they began a campaign of terror where thousands of people literally disappeared. The testimonies of the survivors of torture and kidnapping are brutal to read. The methods used to torture them; including electrical prods and live burials left lasting scars, both physical and mental on these survivors. The patterns in these testimonies are all the same. The torturers were sadistic and brutal, and would stop at nothing to get the information they wanted. They tortured loved ones in front of their family members, they took whole families from their homes, and they killed thousands with no remorse.
The patterns are patterns of extreme violence, and the violence seems to stem from fear. They feared the recriminations of the left-wing dissidents, they feared their reaction…… [Read More]
Using Bobby Rupp's testimony to interrupt the story of the killers creates an abrupt and deeply personal shift of focus. His description of Nancy, his on-again/off-again girlfriend, shows how much the Clutter's were cared for and respected in the community: "Nancy was wearing socks and soft slippers, blue jeans, I think a green sweater" -- Rupp's memory of details helps the reader to clearly picture this victim (51). The abruptness of the shift in focus also mirrors the abrupt change in circumstances -- for the community, the murderers, and most obviously the Clutters themselves -- that the murders created with shocking suddenness.
Capote creates a concrete and palpable tone in the section beginning "The cider-tart odor.." On page 206 of in Cold Blood by using words that evoke the sense of death and decay now that the murders have been committed. His language choices juxtapose images of life and…… [Read More]
Rba on Australian Monetary Policy
Outline and critically appraise the Reserve ank of Australia's rationales for the current stance of Australian monetary policy.
In a scenario where Australia has been witnessing a unique mix of economic and monetary indicators, the Australian monetary policy strives to fathom the market mechanisms, both domestic and global, and lead it onto the path of sustained economic growth. The U.S. And Chinese economies have been showing an emerging trend, and seems to be all set to drive the global economy with their strong economic statistics. Nonetheless, the consumer confidence reflected even in the Australian share market in 2004, has already prepared a strong ground for it to enter the current year with enhanced prospects. The latest consensus forecasts a global growth of 4.2% in 2005, which though lower than the estimated 4.9% in 2004, is considerably a modest slowdown. Though the global economic growth may…… [Read More]
3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the case even if the defendant requested council - the idea here is, confessions cannot be forced when a defendant believes he is under the duress of police custody; if he does not believe he is being forced to talk or threatened to talk, there can be no duress, so the evidence is admissible.
And the officer can testify to what the defendant said, but it has to be in the form of exceptions to hearsay evidence. As he would be testifying to matters for the truth of the matter asserted, they have to meet hearsay exceptions - the most important one here would…… [Read More]
pious is what all the gods love, the opposite, what all the gods hate, is the impious." How does Socrates react to this definition? Why is this not an adequate definition, and why does it fail to reveal the form?
Socrates is not satisfied with Euthyphro's definition of pious because Euthyphro's definition fails to reveal the form of pious. Socrates believes that forms are perfect models of reality. They are independent and universal. So when Socrates asks Euthyphro to explain what pious means, he expects Euthyphro to provide him with the form of pious. In other words, something Socrates can use and refer to in the future as what it means for something or someone to be pious.
Euthyphro has been engaged in this dialogue because he has claimed to know many things about the gods, what is divine and consequently what is pious. At first, Euthyphro offers his own…… [Read More]
Cognitive Bias in Jury Damages
Utilizing Cognitive Biases to Legal Advantage
Assuming that the putative view of an ordinary citizen, unaffiliated with the judicial system, is one that the merits of a case are based solely based upon a presentation of facts is common. However, several psychological predispositions illustrate the strategic role that attorney's assume in jury selection. Understanding the philosophy underlying the moral psychology of the mind offers insights into how both the case for plaintiffs and defendants are open to suggestive framing.
The determination and award of damages in cases that comprise compensatory damages is easily quantified, however considering pain and suffering compensation presents fertile ground for legal study. Empirical studies of jury awards demonstrate that the framing of damage by plaintiffs is influential to the outcome. Similarly, preconceived notions of sexual harassment and prior psychological trauma bear influence upon cases that counsel must be aware of to…… [Read More]
Competent to Stand Trial
The 1987 film Nuts is a film portrayal of a true story about a woman from a well-to-do family who becomes a high priced hooker and is charged with first degree manslaughter when she kills a violent customer (aka a "John"). Ostensibly in an effort to protect their daughter (and themselves) from the public embarrassment of a trial, the woman's parents encourage therapeutic institutional intervention. In the hearing to determine the woman's ability to stand trial, the woman, stunningly played by Barbara Streisand, insists that she is sane and fights -- quite literally -- for her right to stand trial. A reluctant court appointed attorney -- played by ichard Dreyfus -- eventually comes to believe that his client is sane and able to contribute to her own defense -- he is able to work past her pugnacious exterior and comes to understand and support her in…… [Read More]
Admissibility of Evidence at Trial
If the goal for a trial is the search for justice, why should there be rules that limit a juror's ability to render a verdict only to that information gathered in compliance with the Constitution and approved by the judge?
Part of the search for justice is making sure that the evidence admitted at trial satisfies the constitutional criteria distinguishing admissible evidence from inadmissible evidence. In large part, the rules of evidence in a criminal trial are expressly designed to protect the constitutional rights of persons suspected of criminal activity by the police. If there were no such rules, it would be difficult if not impossible to control the ways that police secured evidence on the street. In fact, prior to the modern era of American criminal justice, police routinely arrested suspects without probable cause, deprived them of counsel, food, water, and bathroom facilities, and…… [Read More]
Laurel v. Hardy
Main issue: Laurel and Hardy, a professional comic duo, entered into a contract that agreed if they ever disbanded their partnership, they would refrain from using each other's material without compensation to the other party. After the duo disbanded, Hardy continued to use the materials without paying Laurel. Laurel is suing Hardy for $500,000. Hardy travels and has thus not been properly served Court Papers and refuses to read the local paper or respond to the suit. Laurel motions for a default judgment and Court Costs, which is granted. Hardy appeals this because he has not been properly notified.
Relevant Legal Concept: Contractual law and Service of Summons and Judgment
Procedural Due Process: Service by registered mail and publication in local newspaper; the Court is not responsible if the person being served pleads ignorance.
Relevant Definitions: Substituted Service of Court documents
Relevant Case Law: Dorsey v. Gregg,…… [Read More]
Internal evenue Service's Use of Circular 230 to egulate Tax Preparers
An oft repeated maxim in American history states sardonically that "in this world nothing can be said to be certain, except for death and taxes" (Franklin, 1840), and under the modern statutes of federal tax code that observation has never been more prescient. With taxes imposed by local, state and federal governments throughout the entirety of our natural lives, Americans living in 2012 may be facing the most extensive excises ever levied by one nation on its citizenry. Considering the dreaded annual income tax, the sales taxes added to the cost of consumer goods, and property taxes attached to home valuations, the average person is compelled to contribute thousands of dollars annually to support the revenue shortages of a mismanaged federal government. Even the choice to gift a sum of money to your child, spouse or lifelong friend, perhaps…… [Read More]