...There are many factors that lead to miscarriages of criminal justice. Few wrongful convictions are caused by eyewitness identification, forensic science errors, and false confessions. Mistaken eyewitness identification is the number one cause of wrongful convictions. Eyewitness “was a factor in 72% of post-conviction DNA exoneration cases in the U.S.” (Innocence Project, 2007). Studies show that the human mind does not record or obtain information like a video recorder; it does not keep the information as a short-term memory, but keeps the information in long-term memory. For this reason, witnesses cannot fully recall facial details, especially when they are under stress by the events of the crime. Also, memory is very flexible...
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...Rebecca Walker Forensic Toxicology CRJ 311 Dawn George 4/22/2013 History Forensic science is defined as the application of science to the law. There are different types of forensic science, and each plays an integral part in the criminal justice system. Forensic biology usually involved DNA testing and its results. Forensic anthropologists examine human remains that have become skeletons in an attempt to determine how long the remains have been in a location and to try to determine a possible cause of death. Forensic toxicology falls into the category of forensic chemistry. Forensic toxicologists study toxins, drugs, poisons, alcohol, and other things found in the blood or tissues of crime victims or perpetrators. Forensic toxicologists study the blood and tissues of living people as well as deceased persons. The rapid advancement of technology in the last century and, in particular, the last three decades, has helped forensic scientists solve many crimes, even those that had been cold for decades. Technology is quickly changing and improving the methods by which crimes can be solved. The first evidence of scientific methods being used to identify people occurred in China in 700BC. Chinese artists used fingerprints to identify pieces of art they had produced. Of course, there was not computerized system to file or categorize these fingerprints. However, this is the first known instance of fingerprints being used for identification purposes. Clearly, things...
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...This article is published in a peer-reviewed section of the Utrecht Law Review The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases Ivo Giesen* 1. Introduction** 1.1. Comparable stories of great grief In 1993, a South African boy named Brian Stewart was born severely handicapped. He suffers from ‘spina bifida’, a congenital defect to the lower spine, which negatively affects the nerve supply to the lower limbs, bladder and bowel. He suffers from a brain defect as well.1 In 1994, a Dutch girl named Kelly Molenaar was also born severely handicapped. By the time she was two-and-half-years old she was diagnosed as being retarded, autistic, not fully grown, not able to walk or talk, suffering from heart disease, bad hearing and poor eyesight and she was not able, at that time, to recognize her parents. She had been admitted to hospital on nine occasions due to continuous crying, believed to be caused by pain.2 Comparable stories about severely handicapped children can be found in several other countries as well. Both Brian and Kelly were not supposed to have been born in the sense that their mothers would have chosen for an abortion had they known in time about the birth defects their children would suffer. Brian’s mother would have undergone a termination of her pregnancy had the obstetrician and gynaecologist she consulted detected any abnormalities in the foetus and advised her thereof. Kelly’s mother had asked the obstetrician she consulted to carry out some...
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...Maira De Leon Professor Bell ENG 1102 July 27th, 2015 Right Denied: The Effects Being Ignored Death by lethal injection, death by electrocution, or any form of the death penalty given that people find to be fit for capital crimes is not a human’s right. We as humans do not have the right to end someone’s life based on the fact that they committed a crime. We have to take into accountability the countless amounts of lives that are impacted by this. Even on the international level, there are hundreds of countries who have abolished the death penalty completely. There is more to this than others think, yet they do not take the time to research or study the adverse effects of what this kind of punishment can cause. The death penalty violates the human right to life and causes a ripple effect that destroys the lives of the families of the individuals being executed. Death penalty supporters can be very profound with their opinions on what they believe is an excellent crime deterrent. In an article written for the Journal of Criminal Justice between May and June 2009, one of the authors by the name Shanhe Jiang stated, “Supporters of the death penalty argue that sentencing criminals to death deters others from committing a similar crime in the future.” He states that future crimes could indeed be deterred because of the continued support for the death penalty. In many cases, people see the death penalty as a form to punish those who commit murder, mass murder, rape and any other...
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...concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further criminal acts might occur in prison b. Legality v. Always begin analysis with legality: is there a legality issue? vi. Person cannot...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...five decades of news reports reveals that since 1960, a total of 295 Chicago Police officers have been convicted of serious crimes, such as drug dealing, beatings of civilians, destroying evidence, protecting mobsters, theft and murder. Moreover, the listing of police convicted of crimes undoubtedly underestimates the problem of corruption in the Chicago Police Department (CPD). The list does not include undetected and unreported illegal activity, serious misconduct resulting in internal disciplinary action, and officers who retire rather than face charges. Our analysis of police corruption in Chicago yields four major findings. First, corruption has long persisted within the CPD and continues to be a serious problem. There have been 102 convictions of Chicago police since the beginning of 2000. Second, police officers often resist reporting crimes and misconduct committed by fellow officers. The “blue code of silence,” while difficult to prove, is an integral part of the department’s culture and it exacerbates the corruption problems. However...
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...supposed to introduce current international legal tools available for the regulation of space activities. It explains what is international space law, why it is important and how does it work. Moreover, certain aspects of legal treatment of governmental and non-governmental entities are comprehensively discussed. The analogy between international space law and maritime law was also reiterated. Part I particularly examines each of three main space treaties and the problematic points arising from their interpretation. The enforcement mechanism is also analyzed. It was the idea to pick up an issue and then to analyze it using the common sense and legal logic with the view to resolve the ambiguity in terminology arising thereof and come to a reasonable solution, if any. The European Community`s endeavors in space related activities as well as its first organizations created are discussed in Part II. The special emphasize was pointed out on collaboration between the European Union (“EU”) and the European Space Agency (“ESA”). Part II provides analyze of space...
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...techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to narco-analysis test will violate Article 20 (3) of the Constitution, which prohibits self-incrimination. Further the Supreme Court said that subjecting a person to such technique amounts to an intrusion of personal liberty under Article 21 of the constitution. This project intended to analyze the legitimacy of various legal arguments levelled against narco-analysis. I take this opportunity to...
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...CH5. Natural Resource Utilization & Pollution of the Environment * Resource depletion: the consumption of finite or scarce resources. * Pollution: undesirable contamination of the environment by the manufacture or use of commodities. * Conservation: the saving or rationing of resources for future use. * Private costs: costs of production borne by the producer. * External costs: costs of production not borne by the producer. * Social cost of production: = private costs + external costs * Internalization: make producers bear the total social cost of production. * Ecological system: an interrelated and interdependent set of organisms and environments * Ecological ethics: ecosystems as having inherent rights or interests and we have direct duties to them. * Ecofeminism: socio-ethical theory which combines ecological ethics with a critique of paternalistic patterns of domination (top down hierarchical authority structures) in our political and economic institutions as contributing to environmental exploitation. * Unlimited resource view: view encapsulating the attitude of bygone times which regarded the earth’s carrying capacity as unlimited, and air and water as "free goods." * Sustainable growth: a level of economic and population growth which enables each generation to hand down a world no worse than it inherited to succeeding generations, which avoids the Doomsday scenario. * Doomsday scenario:...
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...and developing an awareness of and appreciation for, existing works of art in that particular form; • Developing the skills and techniques associated with the art form, in order to create our own works. In the case of language arts, much like any other art form, we will be studying existing works of art (i.e., reading books, stories and poems), and developing the skills to produce our own (i.e., writing). That’s what English Language Arts is. We will also be preparing ourselves for New York State’s Regents Comprehensive Examination in English, which we’ll all be taking in June. This two-day, six-hour, four-part exam requires no specific knowledge or content, but it does require the skills to listen, read, understand, respond, interpret, analyze, and of course, write. Everything we do in class is designed to develop those skills, and prepare your for that exam. So, So what does that mean to you, the student? It means we’re going to do a lot of reading, a lot of writing, and most importantly, a lot of thinking. See, when you reach high school, particularly the upper grades, you should already know...
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...Business Ethics (Supplementary Lecture Notes) Mr. Joel C. Porras “Watch your thoughts, they become words. Watch your words, they become actions. Watch your actios, they become habits. Watch your habits, they become character. Watch your character, they beconme your destiny.” ANONYMOUS Preliminary Notions: A. Etymological: The word ethics comes from the Greek word “ethos” ,meaning : custom, a habitual way of acting character, a meaning that the Latin terms “mos” , “moris” also connote. Among the Greeks , “ethics” meant what concerns human conduct/human action. B. Descriptive: Largely a concern of cultural anthropologists and sociologists. Its task is to describe how some person, members of a culture or society address all sorts of moral issues, what customs they have, and so, how they are accustomed to behave. C. Met-ethics: Concerns itself with the meanings of moral terms: like good and bad, right and wrong, duties and rights, etc. Hence the concern is with the understanding of the use of these terms, their logical forms and the objects to which they refer. Sometimes the concern of meta-ethicist is even more fundamental: What is the possibility of moral philosophy. D. Normative: Ethics is normative, not in the way that logic is, namely. With regard to the correctness of our thinking, but with regard to the goodness of our living, the right orientation of our existence. It is a practical science, not simply because it treats human action,...
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...Abstract The aim of this dissertation, which is based on secondary research involving analysing a range of books, journal articles, Government publications, newspaper articles and videos, is to critically examine the position of the victim in the criminal justice system. The paper looks at the role of political interests in establishing victimfocus policies and the direction towards their placement at the heart of the justice system. This includes the managerialistic values, modernization of the Government and covering-up of punitive measures taken against the offender that all point to the political rhetoric around the centeredness of the victim. Furthermore, the view of traditional justice is accounted for in order to get a grasp of the many underlying factors that can be attributed to the so called rebirth and the consequent concentration on the victim. The paper firstly discusses characteristics of victims, the impact of crime on victims and also their needs for a better understanding of who they are and what can be done to help them. Particular attention is drawn to stereotypes associated with victims and constructions of the ideal victim. Secondly, the adversarial nature of English justice and implications for victims are discussed, as well as some tensions between the interests of the offender and the victim, and the opposed nature of the two. Procedural and service rights especially play an important role in defining whether victims are given appropriate...
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...Army Regulation 600–20 Personnel–General Army Command Policy Headquarters Department of the Army Washington, DC 6 November 2014 UNCLASSIFIED SUMMARY of CHANGE AR 600–20 Army Command Policy This administrative revision, dated 6 November 2014-o Updates Equal Opportunity Policy (paras 6-2c(8)(c) and 6-2c(8)(f)). This administrative revision, dated 30 October 2014o Updates summary of change bullet (para 2-8b). o Makes administrative changes (throughout). This rapid action revision, dated 22 October 2014-o Updates purpose (para 1-1). o Updates responsibilities for the ready and resilient campaign (paras 1-4a-d). o Directs readers to the Army Publishing Directorate’s “notes” page on AR 60020 for additional guidance on the Army Sexual Harassment/Assault Response and Prevention Program (para 1-4e(6)). o Clarifies the groups of personnel who must be informed of the Army’s accommodation of religious practices policies (para 1-4f). o Adds the categories “senior field grade officers,” “senior field grade warrant officers,” ”field grade warrant officers,” “company grade warrant officers,” “enlisted noncommissioned officers,” and “junior enlisted Soldiers” (table 1-1). o Adds policy that the senior commander is normally, but not always, the senior general officer at an installation (para 2-5b(4)(a)). o Adds policy for command responsibility for the Total Army Sponsorship Program (paras 2-5b(4)(a)16 and 2-5b(4)(c)8)...
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...I. INTRODUCTION: TYPES OF NEGOTIABLE INSTRUMENTS Money: UCC defines money to mean a “medium of exchange currently authorized or adopted by a domestic or foreign government” 1-201(24). * * The Functions of Money (1) Medium of Exchange Cures two problems with bartering: Double coincidence of wants, e.g. you have a horse you want to trade, and you want a cow—now you need someone who has a cow, and wants a horse. Depreciable commodities (2) Store of Value Money may be used as a store of value. Not all stores of value are money. (3) Unit of Account Unit in which prices are stated and accounts maintained. (4) Statement of Deferred Payment Measure of what must be paid in long-term transactions like loans and annuities. What is Payment Systems? Concerned with the law governing the payment component of commercial transactions. This is the law applicable not to money itself, but to the various substitutes for money. Payments law is not derived from principles of “higher law.” Instead, it is instrumental—designed to facilitate commercial transactions. One way to view payment law is as creating a set of default rules. These rules are designed to establish what the parties would otherwise do for themselves, if they were able to bargain about what the rules would be. Presumably, people would like to reduce transaction costs. So how do we determine what the parties would have chosen? We engage in a “thought experiment” and imagine what kind of bargain parties...
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