...SAMPLE COURT WATCH REPORT (This sample report is based upon several real cases, but the names, dates and many details are fictitious) COURT WATCH REPORT 1) Student Name: Sally Student 2) CRJ 105 - Prof. Cable – Section # CC1 3) Date Turned In: November 13, 2008 4) Date/Time of Observation: October 2, 2008 from 2:00-4:00 pm. 5) Court: Monroe County Court 6) Case Name: People v. David Defendant 7) Presiding Judge: Hon. Gerald Judge 8) Assistant District Attorney: Pamela Prosecutor 9) Defense Attorney: Larry Litigator 10) Charges: Criminal possession of a weapon in the second degree (two counts) Criminal possession of a weapon in the third degree (four counts) Attempted criminal possession of a weapon third degree (one count) Criminal possession of a weapon in the fourth degree (two counts) 11) Proceeding Observed: Jury trial CRJ 105-CC1 Sally Student Court Watch Report – p. 2 1) Describe the type of proceedings that you observed. Be as specific as possible. I observed the direct examination and cross examination of the prosecution’s last witness, Investigator Sam Malone of the Rochester Police Department. Investigator Malone testified about his interview of the defendant and the statement that Mr. Defendant gave regarding the offenses in question. I also observed defense counsel’s motion for a trial order of dismissal and a discussion among the judge and the attorneys regarding the instructions to be given to the jury before they deliberated. 2) Describe the...
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... Date: March 6, 2012 To: Jetson, on behalf of Acme Electronics From: Team 4 Consulting Firm Re: Legal and statistical evaluation of problems facing Acme Per your request, we have assembled a report with a legal and statistical evaluation of the problems facing Acme. If you have any questions, feel free to contact us at any time. Group 4: Acme Electronics Case Executive Summary This report is dealing with the case of ACME Electronics vs. Otto Gunter. Gunter purchased a computer from ACME Electronics in 2002. In 2004, the hard drive crashed and he brought it in to ACME Electronics to have it replaced, as well as request for his old hard drive back to retrieve his information. ACME replaced the hard drive and gave Gunter his supposed old hard drive. Gunter spent $800 retrieving information from the hard drive only to find out it was mixed with another customer’s. The other customer disposed of Gunter’s old hard drive, so he cannot retrieve it. Gunter is suing ACME for $800 for retrieving information from the wrong hard drive supplied by ACME, $5,000 for time spent reconstructing the lost information, and $10,000 for punitive damages. The point of this report is to analyze the legal ramifications and statistics based on the situation at hand and to deduce the appropriate course of action to take based off the analysis. We analyzed a survey using statistics that the maximum amount...
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...and Report I attended a session in Courtroom 265 on September 20, 2012. The 28-year-old Defendant was being held in the Fort Saskatchewan Correctional Center on 3 separate charges, and this trial was his sentencing hearing. While the Prosecutor and the Defendant’s lawyer waited in front of the Judge, the Defendant appeared on the television screen. His lawyer said that he was pleading guilty to mischief, possession of a weapon, and violating his probation. The Judge told the Defendant that the Prosecutor will explain each charge, and he can either agree or disagree with what has been said. The Prosecutor started with the case of mischief. On June 26th, the Defendant’s parents phoned police because their son had wrecked their home while they were out. When they returned, they found him outside breaking windows with a hammer. After the Prosecutor finished, the lawyer revealed that his client suffers from schizophrenia. The Judge asked the Defendant if this series of events was correct, and the Defendant said yes. His guilty plea was accepted. In the weapon possession case, the Prosecutor explained that some City of Edmonton workers were fixing a sidewalk when the Defendant approached and started yelling at them for “destroying” the sidewalk. He then took out a hunting knife and began waving it at the workers, who retreated to their vehicle to call police. The responding officer reported that the Defendant mentioned he was not taking his medication. The Defendant agreed...
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...18th, the defendant, Stu Dents, left his apartment on Main Street and drove to Broadway and 83rd. Two eyewitnesses say the defendant then walked through the Broadway Arms apartment building to his girlfriend’s apartment, number 156, and entered the apartment. It is unclear how the defendant entered the apartment, but no signs of force were evident. Witnesses could not say if the defendant used a key. The victim, Uma Opee, was not home at the time. Coworkers say Uma Opee was last seen when she left work at 5:10 p.m. The body of the victim was found October 19th at 7:45 a.m. behind an abandoned building approximately 5 miles from her residence. The victim was found with cloth stuffed in her mouth, her arms and legs tied with rope restraints, having been stabbed to death. Uma Opee worked at a music store within walking distance of her apartment. She had a previous criminal record that included shoplifting, drug possession and sale, assault, and disorderly conduct. Uma completed court-ordered rehabilitation just 2 months before her death. The coroner determined that the victim was stabbed 13 times and bled to death at approximately 11:45 p.m. the evening of October 18th. Cuts and bruises were found on the victim’s body as well as skin particles under her fingernails, signifying a struggle had occurred prior to her death. DNA tests were conducted on the skin particles under the victim’s fingernails and matched the DNA samples of the defendant. A toxicology report showed there...
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...18th, the defendant, Stu Dents, left his apartment on Main Street and drove to Broadway and 83rd. Two eyewitnesses say the defendant then walked through the Broadway Arms apartment building to his girlfriend’s apartment, number 156, and entered the apartment. It is unclear how the defendant entered the apartment, but no signs of force were evident. Witnesses could not say if the defendant used a key. The victim, Uma Opee, was not home at the time. Coworkers say Uma Opee was last seen when she left work at 5:10 p.m. The body of the victim was found October 19th at 7:45 a.m. behind an abandoned building approximately 5 miles from her residence. The victim was found with cloth stuffed in her mouth, her arms and legs tied with rope restraints, having been stabbed to death. Uma Opee worked at a music store within walking distance of her apartment. She had a previous criminal record that included shoplifting, drug possession and sale, assault, and disorderly conduct. Uma completed court-ordered rehabilitation just 2 months before her death. The coroner determined that the victim was stabbed 13 times and bled to death at approximately 11:45 p.m. the evening of October 18th. Cuts and bruises were found on the victim’s body as well as skin particles under her fingernails, signifying a struggle had occurred prior to her death. DNA tests were conducted on the skin particles under the victim’s fingernails and matched the DNA samples of the defendant. A toxicology report showed there...
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...CONDITIONS AND TERMS OF HOME ARREST CONFINEMENT The defendant,______________________ having been fully advised of the alternatives, does hereby acknowledge and agree to the following terms and conditions of .home arrest confinement: 1. The defendant shall be voluntarily confined to his/her agreed upon residence located at _________________________ City of _______________________County of ___________________ State of Ohio, which has an operating telephone number of ___________ for the total duration of his/her confinement, which is _______ days, commencing on or about _____________19____ and ending on or about _______________________, 19_____. 2. The defendant agrees to remain at the above residence at all times, except at those times approved by the Coshocton Municipal Court and the Home Arrest Department. The defendant also agrees not to leave the approved residence, except in the case of a life-threatening emergency. If the defendant has to leave the residence due to a life threatening emergency he/she will contact the Home Arrest Department by calling (740) 622-1052 within twenty-four (24) hours following the emergency. Other circumstances could constitute the offense of escape. The defendant understands that documentation and verification of any emergency will be required by the Court. 3. The defendant acknowledges that the above referenced telephone is a touch-tone line and is not a party tine and does not have an answering machine, call forwarding, call...
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...Current Events Paper – “GM Rice Litigation” Contents |Sr. No. |Topic |Page No. | |1 |Introduction |2 | |2 |Facts |3 | |3 |Law |5 | |4 |Analysis |7 | |5 |Appendix | | | |Article 1 |9 | | |Article 2 |14 | | |Article 3 |18 | | |Article 4 |23 | | |Article 5 ...
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...One of such is known as the prosecutor’s fallacy. Statistical Consultants Ltd. (2010), stated “prosecutor’s fallacies (with respect to statistics) are fallacies of statistical reasoning that can result and have resulted in miscarriages of justice,” and gave the following example of DNA evidence presented: “Let’s say that a crime scene DNA sample is compared against a database of 20,000 men. The DNA sample matches the profile of one of the men, and that man is accused of the crime. At the trial it is stated that the probability of two DNA profiles matching by chance is only 1 in 10,000. Since 20,000 men were tested, there were 20,000 opportunities to find a match by chance. Even if no one in the database left the crime scene DNA, a match by...
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...Crime and Punishment sect. 00002 | Racial Profiling | Negative effects of race on law enforcement | Presented to Dr. Gina De Iaco | Presented by Lara Ipekian 1228828 | 11/7/2014 | | Abstract Practicing racism is the act of discriminating due to different pigmentation of skin color or culture. Racial profiling is when a person of legal authority uses their racist prejudices on a civilian while making decisions. It is hypothesized that racial minorities of a population are judged prior to knowing details about the case due to the color of their skin. There are numerous researchers who have provided enough information in order to prove that racial profiling is still an issue for either juror, policeman or any other figure of legal status. Studies show that minorities are treated unfairly in court and on the roads since the first gun law. Introduction The following dissertation will be discussing the issue of unequal distribution of law enforcement in correlation to racism. It is an atrocity that a horrible mentality created centuries ago is still being used against ethnicities in the 21st century. All races should be considered as equal to one another, whether white, black, yellow or even purple. We, humans, share the same planet. Under our skin, we share identical functioning. Somewhere between our pigmentation and our culture we have lost our rationality. For some reason, the media exposes more crime from minorities, creating prejudice. It is important...
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...persuasive to jurors. However, eyewitness testimony can be mistaken. Eyewitness’ memory of the event may change drastically between the time one first witness an event and the time one recount it to someone else (Loftus, 1975). At the time of exposure and shortly thereafter, observers have much more information than they can later report and that the availability of this information declines rapidly (Sperling, 1960). Furthermore, Clifford and Scott (1978) reported that the emotionality surrounding an incident can affect the testimony of both the victim and witnesses, and both accuracy and completeness. The goal of the present research is to examine the effect of eyewitness testimony on juries....
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...Business Regulation Simulations Identifying Legal Issues |Legal Issues |Legal Principals | | Negligence-Breach of Duty | Company failed to show leadership and a proper system in place during the spill. | | |Breach of Duty. “A failure to act when there is a duty to act” (Cheeseman, 2010) | |FOIA Inquiry | Bates requested EPA report from prior violation. FOIA Exemptions applicable: 1. | | |Concerning trade secrets and commercial or financial information obtained from a | | |person that is privileged or confidential. (DOL 2011) | | PAH concentration sample was above the | OSHA, CERLA, Not adhering to the Comprehensive Environmental Response Compensation | |prescribed limit |and Liability Act (CERLA) of 1986 and EPA | | Allegations of environmental damages | Business must apply and adhere to permit from federal EPA for their air emissions | | |and their efficient discharged into water ways. | | Invasion of the right to privacy | Private investigation. A violation of the right for undesired...
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...Organic versus Inorganic Jeremy Merritt CRJ 311 Forensics Instructor Janice Bella March 4, 2013 Organic versus Inorganic Growing up as a kid I was forced to watch the television shows my parents enjoyed. During that era murder mysteries were extremely popular. Shows like Jake and the Fatman, Colombo, Matlock, and Murder She Wrote just to name a few. None of those shows relied heavily on science per say, moreover, those shows were written with the most insignificant clue becoming the one piece of evidence that is the key to the whole case. Just as dated as those television shows, so is the investigative practice. Present day, almost all investigative crimes involve the collection of forensic evidence that is broken down into two categories: organic versus inorganic evidence. This paper will detail the differences between organic and inorganic evidence, explain the strengths and weaknesses of each, and breakdown the significance of either organic or inorganic evidence as it travels through the justice system from the crime scene to prosecution. The way evidence collected can be broken down into two categories; organic and inorganic. According to Saferstein (2011), “Organic substances contain carbon, commonly in combination with hydrogen, oxygen, nitrogen, chlorine, phosphorus, or other elements. Inorganic substances encompass all other known chemicals substances. Each of these two broad groups has distinctive and characteristics properties (p. 123, Para 3). In laymen’s...
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...MARK K. SCHONFELD REGIONAL DIRECTOR Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION New York Regional Office 3 World Financial Center New York, NY 10281 (212) 336-1120 UNITED STATES DISTRICT COURT -SOUTHERNDISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 08 Civ. ECF CASE BIOVAIL CORPORATION, EUGENE N. MELNYK, BRIAN CROMBIE, JOHN MISZUK, and KENNETH G. HOWLING, Defendants. COMPLAINT Plaintiff Securities and Exchange Commission, for its Complaint against Defendants Biovail Corporation ("Biovail" or the "Company"), Eugene N. Melnyk, Brian Crombie, John Miszuk and Kenneth G. Howling (collectively, "Defendants"), alleges as follows: SUMMARY OF ALLEGATIONS 1. This case involves chronic fraudulent conduct - including financial reporting fraud and other intentional public misrepresentations - by Biovail Corporation, a Canadian pharmaceutical company whose common stock is traded on the New York and Toronto stock exchanges. Obsessed with meeting quarterly and annual earnings guidance, Biovail's executives repeatedly overstated earnings and hid losses in order to deceive investors and create the appearance of achieving that goal. And, when it ultimately became impossible to continue to conceal the Company's poor performance, Biovail actively misled investors and analysts as to its cause. This corrupt strategy was employed by Biovail's most senior officers: Eugene Melnyk, former chairman and chief executive officer; Brian...
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...Probability and statistics are two related but separate academic disciplines. Statistical analysis often uses probability distributions, and the two topics are often studied together. However, probability theory contains much that is of mostly of mathematical interest and not directly relevant to statistics. Moreover, many topics in statistics are independent of probability theory. Probability (or likelihood) is a measure or estimation of how likely it is that something will happen or that a statement is true. Probabilities are given a value between 0 (0% chance or will not happen) and 1 (100% chance or will happen). The higher the degree of probability, the more likely the event is to happen, or, in a longer series of samples, the greater the number of times such event is expected to happen. These concepts have been given an axiomatic mathematical derivation in probability theory (see probability axioms), which is used widely in such areas of study as mathematics, statistics, finance, gambling, science, artificial intelligence/machine learning and philosophy to, for example, draw inferences about the expected frequency of events. Probability theory is also used to describe the underlying mechanics and regularities of complex systems. Statistics is the study of the collection, organization, analysis, interpretation and presentation of data. It deals with all aspects of data, including the planning of data collection in terms of the design of surveys and experiments. The word statistics...
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...Forensic Misconduct: Dr. Pamela A. Fish Kirstin L. Daniels Professor Ian Rodway George Mason University Forensic Misconduct: Pamela A Fish Forensic science is defined as the practice of utilizing scientific methodologies to clarify judicial inquiries. The field of forensic science contains a broad range of disciplines and has become a vital aspect of criminal investigations. Some forensic disciplines are laboratory-based; while others are based on an analyst’s interpretation of observable patterns (Kourtsounis, 2009). According to the Innocence project’s website; in greater than fifty percent of wrongful convictions, the use of invalidated or improper forensic techniques played a role in cases; which were later overturned by DNA testing. Unlike other forensic methods, serology has been subjected to rigorous scientific testing to achieve validation. Even still, these methods can be inaccurately conducted or counterfactually conveyed during the trial (Innocence Project, 2012). Since the evidence presented during a trial can be the difference between freedom, and incarceration in many cases and death in some cases, misconduct in the forensic field is not tolerated. Some types of forensic misconduct include exaggeration of statistics, false testimony and laboratory fraud. Evidence offered by forensic scientists is often called “expert testimony”. Nevertheless, what is an expert? Is it someone who has gone to school and earned an undergraduate, graduate...
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