...The day to day implementation of expert evidence on people still takes place in law, and in some cases without any sufficient evidence against these people. The purpose of this essay is to find the rules of the expert’s evidence opinions in criminal law and how the experts can present the evidencein any case. What is the procedure of the judge which can accept the expert witness opinion or to test the evidence before admitting it to the court. Recognising the issues which have happened in the past due to expert witness evidence without any sufficient proof and whether it is real evidence or margin evidence. Consequently, a lot of people areaffected by the law and causing some people to enter jail without evidence against them. In this essay...
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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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...A GUIDE IN FORENSIC CHEMISTRY Forensic chemistry is a branch of chemistry that deals with the application of chemical knowledge, principles, and procedures to matters involving civil or criminal law and to all questions where control of chemical compounds, products, or processes is involved. Forensic Chemistry is an interdisciplinary field of Chemistry tasked to solve cases that can only be explained or resolved by applying analytical methods of investigation and instrumentation with chemistry as the main core of discussion. Forensic chemistry is a broad and diversified field of science. It includes all branches of chemistry and the application of its principles to solve crimes when it arise in the administration of justice. Significantly, Forensic chemistry is vital in crime detection when the components or chemical composition, structure of physical evidence/s collected from the scene of the crime are needed to support in the speedy solution of crime. Application of forensic chemistry is legally applied to the following: 1. Primarily, Forensic Chemistry deals in the recognition, identification, preservation, packaging & transportation of physical evidence collected at the crime scene. 2. In crime detection, it is applied in the identification of poisons, blood, semen, feces, urine, saliva, and other body fluids whether fresh or dried. It also include other stains of interests from ob-gynecological origin, mineral stains, fruits and/or vegetable stains. 3. It is...
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...depictions of evidence as supporting claims, the film depicts evidence as suggesting claims. We see this immediately as paranoid people restlessly accuse each other of being child murderers, because of their visual interpretations. Within the first ten minutes of the film we are shown adults arguing, almost embarrassingly, on whose recollection of what they saw is more accurate: adults yell at each other: Red! Green! Red! Green! In this way the efficacy of seeing as an objective medium to gathering evidence, and even what counts as being evidence is questioned. In this paper I will explore the question: “What constitutes evidence?” by focusing on the coalescence and manipulation of evidence through sight in ‘M’. Despite the ostensible validity a fingerprint or paperwork may hold, and the objectivity police seemingly have, police still end up gathering these pieces of evidence in such a way that they actually invalidate them. The film portrays this manipulation of data by showing how police inspection (through bare sight), creates a sense of control over how things are seen and the impending problems with controlling how things are seen. Police commissioner, Lohmann, is shown seated as a line files past him one by one as he inspects their paperwork for them to identify and thereby prove their identities. A person has no paperwork, another is inspected to have fake paperwork, and a newspaper article overrides valid paperwork. He constantly dismisses their forms of evidence as not...
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...ability to collect and find facts in making a decision affecting the rights of the applicants. The Senior Member (SM) of the tribunal indicated that she has to come to her own conclusion, which is the correct or preferable one, on the materials before her instead of the material before the original decision maker. It is notable that the SM can give appropriate weight to other factors beyond character grounds set out by the Migration Act. The Minister considers whether or not the applicant has passed the “Character Test” in deciding to cancel his visa, guided by Direction 55 that outlines its application. While some factors may overlap, the AAT has the discretion to assess the other factual details such as the severity of the applicant’s criminal offences, the availability of family support, the impact of family...
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...excavated and injuries depicted by bones were shown to be from arrow shots as the arrows found at the site fit perfectly into the the gaps, indents and cracks of the bones. Also there wasn’t any equipment found at the site to hold down people being sacrificed, meaning that this was could have been a gift to the gods (religious) or it could’ve just been a choice. Complicated analysis of the bones form an assumption that sacrifices were made to warn others not to commit crimes as death will be the punishment (many of the bones were thought to be the bones of criminals when considering that the jewellery surrounding them were traced back to distant places and tribes); it’s plausible to assume that if the Druids can kill someone just to please the gods they can at least go to this extent to give a criminal a death sentence. Furthermore, arrows that were buried close to the bones are made from metal (mostly iron), dating the evidence to the Iron Age (the era when the Druids existed). Cultural stories passed down from generations also suggest that Druids performed ritual sacrifices, indicating there was, at some period, the definite presence of Druids at Stonehenge. After the introduction of radiocarbon dating in the 1950s, analysis of Stonehenge astounded archaeologists; such a believable theory was proved wrong. Stonehenge predated the existence of Druids by approximately 4000 years and most human remains found at the site dated back...
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...Extra Credit Assignment In the first article “Speculation hinders hunt for Langford teen Kimberly Proctor's killer; Police try to separate rumour from fact on online networking sites” investigators are attempting to look for a suspect in the killing of Kimberly Proctor. In this investigation the internet is being used as an information source for the investigation and a way to weed out rumors. A memorial Facebook page was made for Kimberly and on this site friends and relatives are throwing around their ideas of what happened to her. This online information is considered an open source because this page is available to the public. Investigators are taking a look at what is being said and then proving and disproving certain claims. Also, investigators have been looking into a personal site of Kimberly’s where she stated personal information and admitted to, “being bullied her whole life because she was different.” In addition to this information I believe that witness and informant statements will be crucial for putting the pieces together and uncovering the truth. One investigator explains that while online information can be helpful, “it can also be a source of gossip, some of which borders on defamation, and rumor that can actually be a hindrance to the investigation.” Also, this online information source poses another challenge because of, “the sheer volume of information and how fast it comes in.” In the article, “Caught Web-Handed” it mentioned many different crimes...
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.../ slides to reinforce your learning Practice writing essays 3 Lesson 1a & 1b Critical Thinking What is What are critical the barriers thinking? to critical Why is it thinking? important? How to develop critical thinking skills? What is an argument? How to differentiate arguments from nonarguments? 4 Lesson 1a What is Critical Thinking? Complex process of deliberation involving a range of skills and attitudes Identifying arguments Reading between the lines Drawing conclusions Evaluating Evidence Recognising techniques Presenting viewpoints Weighing arguments Reflecting on issues Critical thinking focuses on: Arguments Evaluate messages conveyed through speech, writing, performance or other media Identify the obvious and hidden messages more accurately Understand the process by which an argument is constructed Consider our own reasoning or other people’s reasoning - Reasoning involves analysing evidence & drawing conclusions from it. - E.g. “It is a cold day” At college and university you will be: Presented with many different viewpoints , theories and ideas. ...
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...Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME, Inc. might have committed written defamation, alongside BUGusa, Inc. by inserting an ad in a magazine saying that the corporations had defective and low quality merchandise. BUGusa must attest to four fundamentals to confirm a case against WIRETIME. Initially, BUGusa must prove that the announcements made in the advertisement are not factual. The ad was published in a magazine, proving the distribution to a third party component. The ad precisely cited BUGusa’s recording devices, me the criteria. The last part to show that BUGusa suffered harm is because of the advertisement. A substantial decrease in sales after the printing date of the advertisement is adequate evidence to prove the final element. Scenario: WIRETIME, Inc. (Janet) Has WIRETIME, Inc. committed any torts? If so, explain. In the situation between Janet and WIRETIME, Inc., Janet was called by the Human Resource manager for WIRETIME, Inc. and requested if she would come into work for them unknowing there is a contract between Janet and BUGusa, Inc. This contract states she is not permitted to be employed by any of BUGusa's competitors for the extent of the 2-year contract. Once she gave the manager a copy of the agreement, she was soon offered a 10% increase in her current salary, in addition a $5,000 bonus for signing. WIRETIME, Inc. did commit a tort. They committed a tortuous intrusion with existing contractual association...
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...Bus Radio Theft Investigation Case Joseph Hawley Sec/430 October 28, 2013 Damain Torres Bus Radio Theft Investigation Case In every crime discovered by the authorities, expect an investigation. It is done for the authorities to know more about the case at hand, to find out the responsible party, their reasons, why they chose the victims and so on. It is used to create a case and to give justice to what the victims has experienced. Although the main reason for investigating us take for example a case in Kelsey known as the “Bus Radio Theft Case”. It happened at one of the schools in Kelsey which is the Unified School District. The perpetrators choose to steal radios from school buses. Although the case happened a few years back, there are some aspects of investigations used in this case that we want to study and show you. In reviewing the said incident, we can simply learn one thing, how to solve the mystery involving radio bus thefts. We will take a look at how the investigators of the said case created and accumulated their documents, how they made observations and derive their resolutions from it. We will also take a look at some o the important and useful techniques they used to make the investigation a success including choosing the right people for questioning. The way these investigators compiled the information they gathered will be taken into consideration as well. The investigation about the bus radio theft incidents started after a report came in saying there...
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...Oregon v. Alvarez A139512 Facts: Maximilliano Alvarez is the Defendant in this case and Eric Johansen argued the versus the State of Oregon. The defendant appealed from conviction that was a gang-related assault. The defendant hit and beat a 16 year old with a metal baseball bat, and also his friend used a metal rod. The jury gave him guilty verdicts on two counts of first degree assault, and 3 counts of unlawful use of a weapon. The defendant pointed out an error on the first degree assault stating that the state did not prove that his assault caused the victim “serious physical injury” the defendant did not think that his actions did not cause damage to a point where the victim was at risk of dying. The court didn’t show evidence that when Mr. Alvarez hit the victim with the metal baseball bat that his hits created a “substantial risk of death”. Questions presented: 1. Was the beating that Mr. Alvarez gave to the victim enough to cause a substantial risk of death? 2. Should the defendant be able to get rid of the first degree assault to a lowered charge because the prosecutor didn’t show how his actions made the risk of death? 3. What is enough to cause “serious physical injury?” Answers/holding: We conclude, the court decided that because a blow to the victims head hard enough to make a “ding” sound, to have a wound where it exposed the skull, to have to need four stables and, cause the victim to be unconscious it still was a substantial risk of death. Also the...
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...considered how many different types of chemicals are on the food you are eating for dinner? That is exactly what Rachel Carson writes about in her novel Silent Spring. Pesticides are all around us, they are in the air we breathe, the water we drink and the ground we walk on. Their effects on our bodies and the environment are unknown, but chances are that they are not going to be good. Rachel Carson dedicates an entire novel to try to prove her point of how horrible they are for the world. She argues constantly that we need to find an alternative before it is too late. Within her arguments, Carson uses several different methods and types of evidence while trying to convey her point. Throughout the entire novel, Carson is constantly putting down the use of pesticides. However, everything she says would be useless if she did not have evidence. She uses qualitative and quantitative data several times throughout the book. Her use of qualitative data begins with her first paragraph. She describes the beauty of nature and how much life is abundant in it. Then as her fictional story continues, she begins to start explaining how none of this would be with the continuous use of pesticides. Carson also goes into detail describing the disastrous effects that it could leave on the environment as a whole. Her realistic descriptions of the possible harms of the pesticides can really appeal to the reader. With the vivid descriptions that she has, the reader can imagine the world as she describes...
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...Introduction Fresh Direct describes itself as the “new way to shop for food” on it’s about us page. As I watched more and more of the trucks make the rounds throughout New York since 2002 I thought to myself that this sounds like a pretty cool service. As a southerner who moved to New York in 1998, I used to buy in bulk and cook every meal upon arrival. At that time I was a 23-year-old grad student who would quickly realize: 1. with no family there was no need to buy in bulk and 2. my studies would win my time not cooking. I would soon eat out every single meal. When I did shop for groceries, it was in bulk for summer barbeques at specialty stores. I used specific Canal Street fishmongers for seafood. This experience in becoming a “time poor” New Yorker taught me how to survive on the services and specialty stores available. On October 10, 2008 I decided to try Fresh Direct and I’ve been a customer ever since. "After fresh and direct, the retailer's third most important consideration is convenience, critical in a market where restaurant competition is as significant as supermarket."1 At its most basic level, the company offers customers the convience of on demand fresh food for less than (or the same as) the supermarket. My first hand observations with how the company fulfills their promise are where I will start this exploration. I attempted to gain insight into the back-room activities and systems that make their offering possible through ordering, complaining, returning and...
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...The Value Of Our Actions. Sometimes is easier for people to understand what you mean by our own actions. The act of talking and not proving what you say might annoy people or disappoint them. In fact, showing what you mean when you’re teaching something is very helpful for society to understand better. And, also, words sometimes nowadays don’t mean the most understandable thing for people, you need to show it if you want to say it, or they will not believe you. Talking about if they will believe you or not, it depends on what you’re talking. For example, if you want to impress somebody, you need to show how impressive you are and tell always the truth before telling him or her lies. Because of that type of issues, people are starting to reject words that people (such as magazines) say without proof. Years ago, things were different because when someone said something, real or unreal, people used to believe in it. Of course, some kinds of things are still believed without proof, but that’s just because people want it to be real but the truth is that they aren’t. Truth or lie, people nowadays must show what they mean by actions that sometimes make people annoyed. In our society, things are getting very complicated because nobody agrees in what to believe in. Also, people say something but they don’t have any actions to show what they’re saying. In fact, there’s an action for everything you want to say, but finding the action is the hardest part. But, when people start finding...
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...Case 10-10 An Offer You Can’t Refuse Fast Eddie, a publicly held company, manufactures and installs refrigeration systems for governmental and commercial applications. Fast Eddie is being investigated by a governmental agency for overpricing on government sales during the period from 2003 through 2005 as well as allegations of misrepresentations by one of Fast Eddie’s former officers, Sweet Lou. The criminal and civil investigations began in late 2005. In the prior fiscal year, the company’s auditors, CPAs-R-Us, obtained management’s representation and a letter from Fast Eddie’s independent legal counsel that indicated that the ultimate outcome of the investigation could not be determined and that any potential payment for the alleged breaches would not have a material effect on the financial statements. Accordingly, no accrual was recorded in the financial statements, and CPAsR-Us issued a standard unqualified opinion on Fast Eddie’s 2006 financial statements. Fast Eddie’s fiscal year-end is March 31. The government commenced its investigation into the allegations in late 2005 by obtaining a subpoena for all of Fast Eddie’s corporate records (both hard copy documents and computer files) related to government sales during the period in question. In 2006, the government provided Sweet Lou with a report detailing the allegations of defective pricing. At that time, Sweet Lou alerted the other officers at Fast Eddie of the manner in which he had prepared the documents in question...
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