...are limited forms of physical evidence and witnesses need to be call to the stand in order to set a story straight. Credibility of a witness comes in to play in every court case being decided by a judge or adjudicator in which a witness is called to the stand to testify. That could be an eye witness to a crime or an expert witness giving a statement and even the accused testifying on their own behalf. Credibility is legally defined as, “Worthiness of belief; that quality in a witness which renders his evidence worthy of belief. After the competence of a witness is allowed, the consideration of his credibility arises, and not before.” There are many things that are taken into account when the court including, demeanour in court, consistency of story and if the witness is an expert, qualifications. This paper will examine how the court decides if a witness is credible or not and the...
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...that describe, explain and predict human behavior by reference to the law. Bartol & Bartol (2012) described that early in a case when attorneys are preparing for a trial and gathering information psychologist can be called in to testify. Main roles of a forensic psychologist in the USA includes, acting as a consultant to law enforcement, acting as trial consultants (jury selection, case preparation and pre-trial publicity), presenting psychology to appeal courts, doing forensic assessment and acting as an expert witness (insanity defense, competence to stand trial, sentencing, eyewitness identification and child custody etc.) Expert witness as a role in legal psychologist A major role for forensic psychologist is to serve as an expert witness in both the criminal and civil court. They are more commonly involve at the pretrial and post-trial proceedings, but may also serve as an expert witness at trial (Bartol & Bartol, 2012:151). Genis (2008) defines an expert witness as...
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...LITIGATION SERVICES/CONSULTING Hone your skills to increase your success on the witness stand, So You Want to Be an Expert Witness D. L A R R Y C R U M B L E Y A N D K E I T H A . R U S S E L L eing able to deal with the unexpected is a key part of performing well as an expert witness and a challenge that some CPAs find exhilarating. Increasingly, forensic accountants are being called as expert witnesses to help sort out the labyrinthine financial aspects of litigation involving complex issues and large sums of money. In open court these advisers submit to scrutiny from a judge, the jury, attorneys, court personnel and trial spectators. CPAs who keep their cool and convey concise, cogent information—whether in depositions or under an opposing attorney's attempts to discredit their testimonies—can have a pivotal impact on a conflict's resolution as well as the satisfaction of helping a client win (see "Basic Legal Concepts," page 33). Here are some suggestions on how to increase your positive impact on behalf of your client. PREPAREDNESS IS THE KEY Juries, judges and arbitration panels charged with resolving disputes with tlnanciai aspects often know little about financial statement analyses, audits, tax, budgeting or malpractice calculation ot lost profits and damages. To help triers of fact understand the impact of different types of financial transactions or attach a measurable value to a plaintiffs injury CPAs often are called on to serve as expert witnesses....
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...the trial when Drummond reveals the wide, purple suspenders he is wearing, Brady makes a snide comment to which Drummond replies, “‘Just so happens I bought these galluses at Peabody’s General Store in your home town, Mr. Brady.’... (There is amused reaction at this. Brady is nettled: this is his show and he wants all the laughs).” (pg. 36). Brady hates not having all the attention on him. Therefore, the audience, the very thing he depends on to fuel his sense of self-worth, is what causes him to be thrown off balance during the trial. Furthermore, Brady exposes his insecure nature when Drummond calls him to the witness stand. In this scene, Brady transforms from an intelligent, confident leader to a babbling, pitiful fool. Afterward, once the courtroom has emptied, Brady breaks down and cries to his wife, “‘I can’t stand it when they laugh at me!’... (Mrs. Brady stands beside and behind her husband, putting her arms around the massive shoulders and cradling his head against her breast).” (pg. 91). People can not be expected to take Brady seriously if this is how he acts in a moment of crisis. Brady too often allows his insecurity to affect the way he acts during the trial, resulting in humiliation and the eradication of his...
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...“Exploited Youth Testifies Against Alleged ISIS-Funder; Ali Al-Talebi to Stand in Court” The prosecution’s witness, an unnamed young man, asserts that Ali Al-Talebi together with Omarjan Azari are involved in the count of an attempt to provide the terrorist group ISIS with financial support. The young man was allegedly ordered by Al-Talebi to send two packages of $3,000 all the way to Pakistan. It was also claimed by the witness that the alleged ISIS-Funder arranged for the youth to turnover $9,000 for ISIS Supporters overseas. According to the prosecutors, the young man did not continue the monetary transaction due to the amount of fees required by the bank. In exchange for the testimony of the youth against Al-Talebi and Azari, the man was offered his judicial immunity in his cases....
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...Sometimes, witnesses in Pennsylvania may lie on the stand. Judges and juries often base their decisions in criminal trials heavily on the testimony of witnesses. As such, false statements made during your trial may wrongfully incriminate you and result in you being convicted of a crime you did not commit. Since you are entitled to a fair trial, you could choose to appeal your conviction based on the grounds of witness perjury. As defined by Black’s Law Dictionary, perjury is the intentional assertion of false statements during judicial proceedings by witnesses who are under oath. This includes giving false testimony on the stand, as well as lying on signed affidavits. For example, you are accused of killing a jewelry store manager during a...
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...psychologists who are often charged with the responsibility of standing as expert witnesses in court proceedings. The duties, roles, and responsibilities of legal and forensic psychologists in legal matters are strikingly different from those of an ordinary psychologist. It is paramount for legal and forensic psychologists to recognize the obligations as well as the limitations of their obligations when appearing as witnesses in court proceedings. A critical and often murky issue about legal and forensic psychology is how psychologists can double as both a health care profession and as an official in the criminal justice system. This issue revolves around the question of how a psychologist can be able to fulfill his/her legal duty as a witness and still live by his ethical obligation to both the plaintiff and the defendant. Forensic...
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...grove of trees. About ten or twelve birds all facing east lit in the tree tops on one side of the road. Later I took this to be the Judge and Jury side of the court. Across the road and facing the west the rest of the flock gathered in the tree tops. They were perched as close to the road as they could. I took this to be the witness side of the court, They were very respectful of the court. There was no noise at all coming from these birds as they watched the Judge and Jury side of the court. Two birds were flying in circles around the Lagger cawing loudly at him. After a while he flew up and followed them. They escorted him to the Judge and Jury side of the court. He was about to be formally introduced to the most high court of the crows. The witness side was still being very respectful of the court, even as the first 'witness' was called to the stand. The Judge and Jury side became outraged. It was as if they were berating the Lagger for his wrong doings. He had violated the crows' standards and principals past Endurance and had lost his respectability. After a few minutes the noise quieted some and the 'witness' flew from the stand to the witness side of the...
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...James Gill on the witness stand. Dr. Gill performed the autopsy on the victim, Torrance Dawkins. The state prosecutor was a Senior Assistant State Attorney, Seth Garbarksy. The prosecutor asked Dr. Gill a series of questions regarding his profession and the autopsy work on Mr. Dawkins. The questions being asked of Dr. Gill were, what his employment was, his prior education, duties, and responsibilities of this profession, and how he performed the autopsy. What struck me was when Dr. Gill mentioned he graduated from M.I.T and Yale University, and he has performed over three thousand autopsies. This shows that he was insurmountable amount of knowledge regarding autopsies, and can be trusted with what he talks about. The prosecutor and witness got into the details of the autopsy which Dr. Gill performed the autopsy on Dawkins Aug 12, 2013. He stated, “I found one gunshot wound on Mr. Dawkin’s below his right ear on the back of his head.” Also, he stated, “I noticed stippling on the entry wound and unburned gunpowder, which validates that the shot was taken from six to eighteen inches away.” After the statement Dr. Gill made...
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...Constitution says introduces us to the double jeopardy clause. It is stated that no defendant shall stand trial more than once for the same charge brought against them. A defendant is put in jeopardy as soon as the jury is sworn in. If the case is dismissed then a new trial may be deemed necessary. Double jeopardy protects defendants only for retrials brought within the first jurisdiction; this meaning a defendant can be tried in federal court after being tried in state court. The double jeopardy clause will give the defendant a guarantee that they will not receive more than one punishment per offense (Legal Information Institute, 2010). In the United States a defendant has the right not be testify in his or her jury trial; this is a privilege made to us as citizens by the 5th amendment. The client with the help legal advice from an attorney should weigh this option heavily before making this decision. There are a few reasons that the defendant should not take the witness stand they are things such as If the defendant has previously been convicted of a crime, the prosecutor may be able to bring this fact to light which will lead to discrediting the character and reputation of the witness. Some defendants have a fear of speaking in public which could impair the ability to get out what they are trying. A jury may not believe a defendant, who, though telling the truth; is a nervous witness and makes a bad impression. The defendant may have a perfectly good story that would still sound...
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...were white males. Then the judge directed the state to call on their first witness at which the state called Raesha as their first witness. For the record, the witness, Raesha, stated that she was 19 years of age as she started to cry while taking the stand. The judge made her swear that she was going to be truthful while she was on the stand. The state asked Raesha how she knew the defendant; she replied that she was the girlfriend of the defendant’s son. The state asked Raesha, what she observed that night of the incident; she said the defendant and victim were arguing, and does not remember what the argument was about. She then stated that the argument became physical between the defendant and victim. The witness said she left the house with the defendant’s son Bryon Jr. A few minutes after their departure from the house, the girlfriend received a phone call that Sofia was shot. The witness said the victim and defendant were the same height and the state asked the witness if she saw a gun in the house and she responded that she did but not on the night of the crime. The defense then started their questioning with the witness, the defense asked that she described a mutual fight; she said yes, she was also asked if Sofia raised her hand first and she said yes. The prosecutor stepped up and asked the witness if she sees the defendant in the courtroom and she said yes and pointed at him The next witness called is Officer Daniel Douglas, who is a Crime Scene Search Unit Officer...
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...scene 1: nagaaway si awiyao at lumnay sa bahay. A: it’s always been like this. For 7 whole years I have been waiting for you to bear a child! L: are you saying it’s my fault? I have done everything I could to make you happy. A: you are a good wife lumnay. But in this tribe we men must have a child to be the heirs of our fruits of hard work. L: I know! I have given you all my everything. We may not even know who has the problem. A: are you saying I may be the problem??!! L: its possible! dont blame this all on me!. (starts shouting) A: So its my faulth??? It’s very frustrating that for 7 years we can’t even bear a child! You don't know the feeling of how embarassing it is to not have a child in our tribe! L: why can’t you just forget about the disgrace that you keep talking about and for once just focus yourself on loving me! I don’t accept this because I did everything to keep you happy with me! I have done my best. I have prayed to kabunyan and sacrificed many chickens and pigs just so that we can be blessed with a child. A: What do you want me to do??! I don't feel like a man and you just let me feel that way??! L: I don’t know but there must be some way….. A: (sighs) I love you lumnay but if we can’t bear a child then I have to….. L: you have to what?! A: (does not speak) L: you have to what awiyao?? Tell me! A: I’m sorry lumnay… (Leaves the house) L: keeps on crying… End of scene 1 PS: after this scene magshoshoot kayo ng scene na nakaupo lang sa isang tabi...
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...NARRATION This case originated from the filing of complaint by the private complainant Medelita Gonzales against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary Investigation and she found the respondent probably guilty of Parricide which was approved by the Provincial Prosecutor of La Union and thereafter, the Information for Parricide was filed before the Court and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim. Case No. 8032 entitled People of the Philippines versus Angelina Gonzales. There is no bail recommended. Malaya at kusang loob na salaysay ni MEDELITA GONZALES na kinuha ni PO3 ADLAI JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-8:30 ng umaga petsa 14 ng Pebrero 2010. X-----------------------------------------------------------------------------------------------------------------X 01. T: Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya? S: Para magsampa ng demanda laban sa taong pumatay sa aking anak na si Xian Miguel Gonzales. 02 T: Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa iyong pagkakakilanlan? S: Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa Brgy. Dili, Bauang, La Union. 03 T: May katibayan po ba kayo na talagang patay na ang inyong anak? S: Meron po, ang kanyang death certificate. ...
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...Court Participants Paper CJA 224 Professor Ross Kucera The court serves as the primary role in the United States criminal justice system. In addition, the courts are a factor in the lives of American residents. For example, juvenile matters, custody, estate, adoption, divorce, and marriage are all issues, which must bypass the court system. In particular, courtroom participants are key factors in determining the results of civil and criminal cases. The key players involved with the court proceedings include jurors, lawyers, witnesses, victims, defendants, and judges. In addition, there are other courtroom participants are very important to the daily operation of the courtroom. Media attention and documentation is designated to courtroom reporters, interpreters, and speculators. Are also important people to acknowledge what it takes to be an active in order for the United States Legal system to work efficiently? The Roles of the Judge and Other Courtroom Participants The Judge The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained while court is in session. The second is to determine whether any of the evidence that the parties want to use is either illegal or improper. Third, before the jury begins it’s deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the...
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...My own experience in preparing and participating in the mock trial was that it wasn’t as easy as I thought it was going to be. Preparation for this trial took a lot more time than I thought it would. When I was preparing for the trial, I had to read the all of the witness statements and cross reference them with each to look for anything that didn’t add up, while looking at the pieces of evidence at the same time. I think that the hardest part for me in this was just cross-referencing everything because that’s where you find the holes to ask the questions for your own witnesses and as well for the cross-examining – this can either make or break your case. As for the playing my own part, which was giving the closing statement for prosecution, I think that it was fun. It was fun to get into character and get a sense of what it’s like to make your team’s last final points on the case. I realized that in order to give a solid closing statement, you have sound convincing and strong to persuade the jury if they are sitting on the line. I think that the...
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