...Ethical Dilemma In this essay I will discuss the ethical formalism is a theory which defines moral judgments in the most logical form. Ethical formalism does not focus around human well being, or feelings. No personal interest is involved when dealing with ethical formalism. In the movie, Sophie’s Choice, a mother is forced to choose one of her children to go into the gas chamber. This is an awful situation to be in, however, if she does not choose, then both of her children would end up being killed. This result is unimaginable. Ethical formalism and a utilitarianism approach would solve the issue two different ways. Ethical formalism would suggest that the mother does not choose between her children. It is not right to make a mother choose between her children. Ethical formalism would say the right thing to do is save both children. The mother could have lied and said the children were old enough to work, and therefore, they could have a more promising chance at being saved, rather than facing the gas chambers. On the other hand, utilitarianism focuses around the greatest good results with happiness for the greatest number of people. For example, this approach would lead the mother to choose between her children, and put one of them through the gas chamber. This approach would save one life, rather than destroying two. The mother would still have one of her children, and the other would take its chances. The benefit to this approach would be that one of her children is...
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...Expert Witness Requirement’s- The Frye and Daubert Test’s CJ305-01: Legal Foundations of Criminal Evidence Sigrid Hess June 3, 2013 Expert Witness Requirements This article will briefly review the applicable standards of the admission and exclusion of expert testimony in the Federal Court. The guidelines discussed in this article, principally pertain to the subject of the reliability of the methodology supporting the submitting of evidence. In addition, the qualifications of the proposed experts in the pertinent field of expertise, and the relevancy of evidence from expert’s .These areas also offer opportunities for confronting the opponent’s case by excluding the evidence on the grounds of; lack of expert qualification of the witness or the lack of relevance of the testimony to the facts of Court Cases. I. Discuss the Frye and Daubert tests Frye Test: Frye v. United States was a case in 1923 U.S. v. Frye, 54 App.D.C. 46, 293 F. 1013 C.A.D.C 1923. Retrieved from: Westlaw.com. , in which James Frye was tried for murder and in his defense he produced the testimony of an expert with the result of a blood pressure test, in the expectation to prove that he was speaking the truth when he did not accept his guilt. This deception test was intended to tell if a person is being dishonest or not. This case became a standard for judges while allowing admissibility of testimony of experts based upon scientific methods. Frye test is also referred to as Frye standard or general...
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...Running head: SPECIALIZED LITIGATION Trends in Specialized Litigation in Criminal Justice CJ305: Legal Foundations of Criminal Evidence Abstract Over the years through technology advances and criminal activity evolving it is more common for lawyers to specialize in one, two, or three areas versus being a solo practitioner. By following your states guidelines and Rule 7.4 (d) (1), Communication of Field Practice and Specialization (Ginsburg, 2013), an attorney can be specialized after quite a lengthy process to include continuing legal education (CLE), practice experience, peer review and testing (Ginsburg, 2013). By specializing attorneys are able to focus on a specific clientele and be in direct competition with fewer attorneys driving up their rate for services (Vaden, 1994). The overall impact specializing has had in the criminal justice field has been positive because attorneys are able to offer a higher level of services to their clients. Years ago you would think of lawyers more so as general practitioner or family lawyers. They would oversee any legal issues for families from birth until death. “The true general practitioner we may have seen 10 or 15 years ago is kind of an endangered species because of specialization,” said Nicholas E. Fairweather, chair of the State Bar’s General Practice Section Board (DMC-Admin, 2010). With technology advances and changes in criminal activity; it’s a lot for one person to keep up on all the different areas of law...
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