...TENDENCY AND COINCIDENCE EVIDENCE IN CRIMINAL CASES (Parts of this paper are a repetition of a paper I prepared for the Legal Aid conference last year and which was published in Bar News Criminal Law Special Edition.) Ian Barker QC 1. I have practised law from a time beyond which the memory of man runneth not. At least, that is how it feels. During those years I managed, I think, to develop a slippery hold on fundamentals of the law of evidence, from the myriad cases on the subject. I was recently heartened to read something written by Sir James Stephen in about 1886 in the Introduction to his Digest of the Law of Evidence1. Speaking of the difficulty in finding concise guidance to the law of evidence he said: No such work, so far as I know, exists; for all the existing books on the Law of Evidence are written on the usual model of English law-books, which, as a general rule, aim at being collections more or less complete of all the authorities upon a given subject to which a judge would listen in an argument in court. Such works often become, under the hands of successive editors, the repositories of an extraordinary amount of research, but they seem to me to have the effect of making the attainment by direct study of a real knowledge of the law, or of any branch of it as a whole, almost impossible. The enormous mass of detail and illustration which they contain, and the habit into which their writers naturally fall, of introducing into them everything which has any...
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...CONCEPT OF RELEVANCE IN THE LAW OF EVIDENCE IS NOT AS STRAIGHTFORWAD AS IT APPEARS TO BE.” DISCUSS It is difficult to spell out a straightforward definition of the concept of relevance (Tapper, p71). In the R v Nethercott case, it was held that any two facts to which the concept of relevance is applied are so related to each other that according to the common course of events, one either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or non-existence of the other. According to Lord Simon in DPP v Kilbourne, “Evidence is relevant if it is logically probative of some matter which requires proof… It is sufficient to say … that relevant (that is, logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable” (Allen, p8). Essentially, relevant evidence is that which makes the matter requiring proof more or less probable. In this sense, relevance is arguably an absolute concept, as proof of one fact either makes the existence of another more probable, or it does not. Notwithstanding, relevance is often regarded as variable, just as evidence can be regarded as more or less relevant. Zuckerman describes relevance as “having a contextual and dynamic nature”, and the relevance of one fact to another can be judged on its own or in connection with other facts (Zuckerman, p46). This seems to relate more to the cogency of the evidence, given its relevance, but...
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...Bus 650 The Research Process What is the research process? The research process is a sequential process involving several defined steps. Each step does not require completion before going to the next. It is a simple means of effectively locating information for a project. The several steps you will need to outline and cover during the research process are: 1. Choose your topic 2. Find basic information 3. Refine your topic 4. Locate and retrieve materials 5. Evaluate relevancies of materials 6. Take notes 7. Construct your project Selecting a topic is the most important decision you will make during a research process. When you are choosing your topic, you want to select a topic that you are interested in, or that has been assigned to you. If you have trouble selecting a topic browse you can browse online databases, journals or magazines. Use basic information on your topic. Use key terms or words from your topic and search for basic information in reference such as books, online databases, web sites, library and catalogs. By doing this search you can determine if you have to much or not enough information available. Sometimes refining your topic may need to occur depending on the quality of information and number of items located. If you don’t get enough information broaden your topic, if you get too much information narrow your topic. When your topic has been identified you can begin to locate and retrieve your information. Make sure...
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...a means of describing and analyzing the way people convey meanings in real life interactions. The maxim of quantity refers to how much information is necessary in a particular conversation. In observance of this maxim according to Grice, “one should make his or her contribution as informative as required” and “one should not make his or her contribution more informative than is required” in a conversation. The maxim of quality on the other hand, pertains to how truthful is the information given by the speaker in a conversation. With regard to this maxim, according to Grice, the speaker must “not say what he or she believes to be false” and “must not say what he or she lacks adequate evidence for.” The maxim of relation pertains to the relevance of the information that the interlocutor give in a conversation. Finally, the maxim of manner deals...
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...Adrian Trejo Professor Crandall Monday-Thursday: 1:20-4:00PM 01/17/13 Essay#2- Lost in Translation Sophia Coppola’s, Lost In Translation presents a relationship, between two Americans who are married, but lack communication and inadequate attention from their spouses, while staying in Tokyo. Bob Harris is away from his family on a business trip, as he’s going through a mid-life crisis. Charlotte, a woman in her early twenties struggles to find a place in the world. She hoped a trip to Tokyo, with her husband would help conflicted feelings about her two-year-old marriage, her spirit, discovering a purpose and finding a career. These individuals meet and are instantly attracted to one another, because of parallel doubts about their life in contrasting perspectives. Magnetically drawn to one another, they inevitably communicate their problems in marriage, their fears, and insecurities of current circumstances. Bob and Charlotte are scapegoats staying in another country, as well as a foreign society. Their feelings of displacement, isolation and alienation during their stay in Japan, provide an exploration of complex human emotions, such as boredom and loneliness. Bob Harris is an aging movie star beyond his peak years, who is still famous enough to be recognized, but not to be asked to do any more movies. Now in his fifties, he traded his fast-paced Hollywood lifestyle for a wife and family. Harris thinks that he’ll only be in Tokyo for a few days, but his stay...
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...considering transferring operations of the pizzeria to a family member. Mario has elected to supervise the business decisions made by the family member with regard to reductions in customer wait times and lost sales. Three scenarios are simulated: adjusting the number of tables allocated for two and four guests as well as adjustments to wait and kitchen staff, choosing to implement new technologies, and a choice between adding seating space or a takeout option. If Mario sees that the decisions made by the family member are sound, then he will hand over operations of the pizzeria at the end of two months. Because measurement in service industries is subjective (Pati & Reis, 2007), progress will be measured in lost sales, lost customers, and daily operating costs. Guests typically enter the restaurant in parties of two to four. The decision was made to set the number of tables designated for parties of two to 8, leaving the remaining 10 tables for parties of four. No change was made to the numbers of wait or kitchen staff. Increasing these numbers would have increased daily operating costs, making any possible losses more difficult to bear financially. Decreasing these numbers may have placed extra burden on the staff members, making efficiency difficult. While some sales were lost (see fig. 1), the losses were kept at a minimum. Based on the results indicated in the simulation, Mario was pleased with the numbers, and elected not to make any changes. Fig. 1: In the...
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...Nina Hagen Wrtg 1010-20 Using the Genre of a children’s story to articulate with monsters In Gordimers story “Once upon a time” uses the genre of a children’s story to articulate monsters in a suburban family by using the theme of a fairytale that clashes with the theme of a childrens story so he can use “monsters” in a suburban family. Gordimer uses phrases that kind of gives him the excuse to go in and articulate the monsters into the genre of a children’s story. Gordimer knew how to put everything in place to make it be called a “children’s story” Also, she the setting of the story in a good neighborhood, just people trying to be safe and you could kind of tell reading into the story a little disaster is coming, it is nothing brutal but it works for a children’s story type of theme. A fairy tale genre always ends up kind of automatically clashing with children’s stories. Gordimer is using a fairytale by saying in “For when they began to live happily ever after they where warned by that wise old witch, the husbands mother, not to take anyone of the street” This sentence right here is kind of what you get out of a fairytale genre and a children’s story genre. When they mention “happily ever after” You usually hear that phrase all the time in childrens stories or children type of things. For example: when you are watching a disney movie, which is a children’s...
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...Economist and watching "I love the 80s." I like tennis, Fazoli's breadsticks and writing assignments. I value honesty, commitment, scholarship and kindness. These are hard and true facts, but there is a lot I do not know about myself. I don't know how I feel about the death penalty, I have mixed feelings about religion, and I don't know what I think about a cashless society. I have no stock answer to offer about a life-changing experience or a moment of enlightenment, and it is hard for me to give a comprehensive proclamation of who I am, for my identity unfolds more every day as my experiences grow. Since I am only 17 years old, life has a lot of unfolding to do. I dislike saying "I am trying to find myself" because my identity is not lost, it just needs more uncovering. Luckily for me, what I love to do and want to be helps me uncover more about myself. I want to be a writer. I may not end up a professional writer but I will always write, even if I am the only one interested in my work, because writing is my self-reflection. When writing, I sometimes get worked up into such a fervor that I barely know what I am saying. I just let my fingers fly over the keyboard and the ideas pour from my head. When I go back through the jumble of unpunctuated ideas, I notice a theme running through the writing. I don't try to put a moral in the theme, but invariably it happens. Evaluating the theme and the rest of the writing helps me interpret my own character and decipher my at times...
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...Economist and watching "I love the 80s." I like tennis, Fazoli's breadsticks and writing assignments. I value honesty, commitment, scholarship and kindness. These are hard and true facts, but there is a lot I do not know about myself. I don't know how I feel about the death penalty, I have mixed feelings about religion, and I don't know what I think about a cashless society. I have no stock answer to offer about a life-changing experience or a moment of enlightenment, and it is hard for me to give a comprehensive proclamation of who I am, for my identity unfolds more every day as my experiences grow. Since I am only 17 years old, life has a lot of unfolding to do. I dislike saying "I am trying to find myself" because my identity is not lost, it just needs more uncovering. Luckily for me, what I love to do and want to be helps me uncover more about myself. I want to be a writer. I may not end up a professional writer but I will always write, even if I am the only one interested in my work, because writing is my self-reflection. When writing, I sometimes get worked up into such a fervor that I barely know what I am saying. I just let my fingers fly over the keyboard and the ideas pour from my head. When I go back through the jumble of unpunctuated ideas, I notice a theme running through the writing. I don't try to put a moral in the theme, but invariably it happens. Evaluating the theme and the rest of the writing helps me interpret my own character and decipher my at times...
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...tv-show LOST, the same ideal theme of civilianized survival is present. The events in LOST are more civilized as for the fact that all the characters are adults with responsibility. As for in Lord of the Flies, more foolish events take place due to the fact that all the characters are children. The death of the three characters demonstrated the necessities of civilians. Examining the meaning of murder, the deaths of Simon and Marshal Mars are not characterized by murder; on the other hand, the death of Piggy was clearly a murder. According to Document A, murder is intended slaughter. In the tv-show LOST, a U.S. Marshal, Edward Mars, was found with a large piece of shrapnel injected to his body after a...
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...but also because when Piggy died so did the innocence in his people. The concept of losing the innocence inside you is very true in the world. An example of this would be Jenn Jackson. Jackson was an average teenage girl who had a very unstable home. Back in 2015, Jackson was at her abusive father's home when he started acting out. She called her new friend who she really didn't know to come and pick her up even though he made it aware he had different intentions. Although aware of these intentions, she still went with him to his place. When there he raped her while his roommate was in the next room as if nothing was happening. After the rape occurred, she got dressed and he drove her to her dads, as if nothing happened. She mentions, “I lost myself in my thoughts. But, I said nothing. I barely moved. I didn't know what else to do”(Marie Claire). I cannot put into words what Jackson must have been feeling in that moment but I do know that when a certain someone is a virgin, they are seen as pure and innocent. For it to be taken, there are striping the innocence. Jackson, added this theme of loss of innocence to show the mental effect it leaves on the victim. When not adding the element of choice, it robs you of the one quality that is beneficial, innocence. ...
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...Lucy Parkhurst Dr. Thombre 11/5/13 Intercultural Movie Review When thinking of intercultural communication, the movie that comes to mind is Sophia Coppola’s “Lost in Translation”. Bob Harris, played by Bill Murray, is an American actor who visits Tokyo, Japan to film an ad for whiskey. Bob, away from his wife and his familiar western environment, experiences isolation, loneliness, and sleeplessness upon entering Tokyo. He is constantly frustrated, due largely in part to his understanding of what others, such as a film director, restaurant waiters, and prostitutes are trying to convey to him in Japanese. In the midst of all this, he meets Charlotte, an American woman who like him, is lonely because her husband is more interested in his photography work than her. Due to their shared loneliness and feelings of isolation and culture shock, Bob and Charlotte become friends, and begin a relationship through respect, trust, and self-disclosure. Bob and Charlotte become a mirror to each other, as both try to sort out their identities and how proceed from their own relational crossroads. While the audience may wonder throughout the movie if Bob and Charlotte’s relationship will ever become romantic, it is plain to see that they learn lots about themselves and each other as a result of being outsiders in this new and unfamiliar culture. The most evident intercultural concepts I noticed in the film is culture shock, language, and identity. The first concept, culture shock, is explained...
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...difficult to execute phrase was Raja’s ultimate dream. From childhood he lived every moment in this thought, this wish and for this only purpose. One day his lady luck came up to him in the form of an old, learned palmist who in a glimpse said “You are god’s special child and will get everything you desire, just work vey hard for it.” Surprised and shocked by his luck Raja ran out of words and asked “WHAT”! What should I do? Here came the secret words “This iron stick will turn to gold as soon as it touches a precious magic stone ‘Pariiz’. Then you can use this stone to turn everything and anything to gold! Take it and follow your happiness, your desires, and your dreams! Amen”. From the moment he said Go, Raja started his search, completely lost in his dream, walking miles after miles; touching each stone, each pebble on his way, waiting for it to turn to gold. Days, months and then years passed, the mission still unaccomplished, but raja did not stop. Slowly the winds of time started to show up on Raja’s health, even with his deteriorating health and age, he went on and on. One day a small boy named “Vivek” saw him and pondered. Looking at the boy starring at him, Raja’s thoughts ran a flash back; his childhood, his family and everything he had forgone for his dream came in front of his eyes and tears rolled down and today his sole companion was his iron stick. He called upon Vivek and asked what was so amusing seeing him? Vivek instantly replied “Uncle what are you doing with...
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...Social Media’s Views on Science Naomi Acevedo SC250-Science for Everyday Life July 18, 2016 Social Media’s Views on Science The way the media depicts scientist has not been proven to be 100% true in regards to how they actually are in the real world. Although we know this, most people still see scientist in the same manner when asked to describe what a scientist looks like. Media usually depicts the scientist as geeky, nerdy, unattractive, crazy or mad, and even at times evil, but this does not rule out scientist being the hero. (Meredith, D.). When I hear the word scientist, the image that comes to mind is that of a male or female in a knee-length white lab coat, gloves and those clear experimental goggles we were all told to wear in grade school. This person might have a calculator and/or thermometer in their left breast pocket or even black plastic frame glasses as a finishing touch to give them that intelligent look that people associate the with smarter than average people. Some of the characters from television and films that comes to mind are the scientist Dr. Emmit Brown from the movie Back to the Future, Steve Urkel from a comedy television series called Family Matters and Temperance Brennan from the television series Bones. All three of these characters wore the white coat when in the essence of portraying a scientist. I’d like to think of the white coat as a sort of uniform for the job, just as a police officer and a firefighter have a certain uniform that...
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... In the novel Lord of the Flies by William Golding, the two main characters, Jack and Ralph, have similarities and differences. Ralph is the first character introduced in the novel. He becomes a leader very quickly, and he has a more relaxed style of leadership. Jack is introduced later in the same chapter as leader of choir boys, but he is hungry for more power very early on. Ralph and Jack are characterized differently in Lord Of The Flies through the way they achieve leadership, morals, and their styles of government. While the most obvious leader was Jack, Ralph became the leader of the group when all of the kids voted him as the “chief”. Ralph was distinguished as their chief because “...there was a stillness about Ralph as he sat that marked him out: there was his size, and attractive appearance; and most obscurely, yet most powerfully, there was the conch.” (Golding 22). Ralph was almost unanimously voted as chief over Jack and he accepted this role. Jack was very unhappy with this solution and wanted to be in charge, so Ralph was intimidated into giving Jack some power. Because of this, Ralph decided, “ Jack’s in charge of the choir. They can be...hunters.” (22). Another difference between Ralph and Jack is their morals. For example, Ralph had a set of rules that everyone is supposed to follow, but people keep breaking the rules. Because of this, Ralph says, “All this I meant to say. Now I’ve said it. You voted me for chief. Now you do what I say.” (81). He enforces...
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