...GUIDELINES FOR DISCIPLINARY PROCEDURE - CONTENTS Chapter 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Item Discipline and Indiscipline Acts of Misconduct Report of Misconduct Flow-chart of Disciplinary Proceedings Preliminary Enquiry Principles of Natural Justice Charge-sheet Suspension Domestic Enquiry Penalties Appeal and Review Annexures Page No. 96 97 98 99 102 103 104 107 109 117 122 123-153 Policy Manual CHAPTER-1 DISCIPLINE AND INDISCIPLINE 1.1 Discipline means orderly behaviour - It means voluntary and willing compliance of rules and regulations and instructions and also development of right habits of conduct in work with others at the work-place. Why do we want Discipline? (a) Discipline is essential in any organisation for improving the employee morale as well as to increase the productivity which is the ultimate goal of any organisation. Discipline is of utmost importance for harmonious working with a view to achieve Company’s objectives. It is moral responsibility of the employer not to allow the minority of employees who are indisciplined to affect the life of majority. 1.2 (b) (c) 1.3 How does Indiscipline arise? In most of the cases, indiscipline of a worker is the expression of his reaction to his environment. Usually the causes of indiscipline are : (a) (b) (c) (d) (e) Lack of awareness of Company’s rules and regulations; False promises made by superiors; Absence of any procedure to handle grievances; No action taken when required; Personal...
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...Evidence or the Federal Rules of Evidence. Respond to each scenario using the formula detailed in class: 1) respond to the question 2) state the pertinent rule or concept, and 3) correctly apply the rule to the case. Papers must be word processed. No handwritten work will be accepted. Projects are due at the beginning of class on the day of your class meeting during the week beginning October 6, 2014. Due to the nature of the assignment, NO LATE PAPERS WILL BE ACCEPTED!!! Feel free to turn the project in early. 1. To impeach Walt Dipsey’s primary witness, the Evil Stepmother, Snow White plans to introduce testimony of seven diminutive witnesses in the neighborhood who will testify that the Evil Stepmother has a reputation for untruthfulness. On what basis can Dipsey exclude some of the witnesses? 2. Charles Foster Kane is arrested for possession of cocaine, which the prosecution asserts was contained in a “snowy” paperweight on Kane’s desk. The prosecutor offers as evidence a lab report stating, “The “snow” in the subject paperweight is 95% pure cocaine hydrochloride.” Is the report hearsay? Why or why not? 3. Peter Pan gives John, Wendy and Michael fairy dust to fly. He is arrested on narcotics charges. Wendy is called as a witness at trial. She can’t remember exactly what happened, but, when she is shown some notes she made at the time of the incident, she is able to remember the events perfectly without further reference to the notes. Are ...
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...RULE CR 45 SUBPOENA (a) Form; Issuance. (1) Every subpoena shall: (A) state the name of the court from which it is issued; (B) state the title of the action, the name of the court in which it is pending, and its case number; (C) command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and (D) set forth the text of subsections (c) and (d) of this rule. (2) A subpoena for attendance at a deposition shall state the method for recording the testimony. (3) A command to a person to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. A party may be compelled to produce evidence at a deposition or permit inspection only in accordance with rule 34. (4) A subpoena may be issued by the court in which the action is pending under the seal of that court or by the clerk in response to a praecipe. An attorney of record of a party or other person authorized by statute may issue and sign a subpoena, subject to RCW 5.56.010. (b) Service. (1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person’s dwelling house or usual place of abode...
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...Final Paper: Case Study#3 Forensic Psychology: Information Recall / Eyewitness Testimony ABS200 Instructor Clark August 18, 2014 Ashford University Applied behavioral science can be defined as a science that bases its concepts on the observations and learnings of human behavior. Science itself is all observation and learning, we try and try experiments in order to come to one or several conclusions and we observe in order to discover new things. In order to understand behaviors and what causes people do to the things they do we must observe not only the person but their surroundings and daily habits in order to understand them. In behavioral science there are many different sub-sections that can vary from clinical to criminal. Within these different sections we learn by making observations not just of one person but of every person we come across in our work and therefore have to learn how to make treatments based on these observations. In criminal cases, most of the time we are analyzing not only why a person has committed the crime they have committed but what drove them to become the person that they are. In many cases there is a mental illness whether treated or untreated that can cause the person to become unbalanced and therefore dangerous. Other times it is caused by childhood events which cause mental trauma which causes the person to act out in a certain manner. Cognitive psychology goes hand in hand with handling eye-witness testimony. With this type of psychology...
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...IN THE CIRCUIT COURT OF _____________________________ COUNTY, MISSOURI Judge or Division: Case Number: Plaintiff(s): Person Subpoenaed: Address: Plaintiff’s Attorney: Address: vs. Defendant(s): Requesting Party: Pltfs Attny Pltf Def Attny Def Address (of party checked above): Telephone: Defendant’s Attorney: (Date File Stamp) Address: Telephone: Telephone: Subpoena Order to Appear/Produce Documents/Give Depositions The State of Missouri to :___________________________________________________(person subpoenaed). You are commanded: to contact _____________________________________(name) at _____________________________(telephone) who will advise of time and place appearance is required. to appear at ____________________________________________________________________________________ on _______________________________________(date), at __________________________(time). to testify on behalf of ____________________________________________________________________________ . to give depositions. to bring the following: ___________________________________________________________________________ ______________________________________________________________________________________________ _______________________________________________________________ (Attach additional sheet if necessary.) (Seal) __________________________________________ Date Issued ___________________________________________________ Clerk/Deputy Clerk Return/Affidavit I certify that...
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...Eye witness testimony is the ability of people remembering the details of events, such as accidents and crimes which they themselves have observed. The accuracy of eye witness testimony can be affected by factors such as misleading information, leading questions, post-event discussion and anxiety. Loftus and Palmer investigated how the language (leading questions) used in eyewitness testimony can alter memory. 45 students were shown 7 films of different traffic accidents. After each film the participants were given a questionnaire which asked them to describe the accident and then answer a series of specific questions about it. There was one critical. This question was ‘About how fast were the cars going when they hit each other?’ One group of participants were given this question. The other five groups were given the verbs smashed, collided, bumped or contacted in place of the word hit. The mean speed estimate was calculated for each group. The group given the word ‘smashed’ estimated a higher speed than the other groups (about 41 mph). The group given the word ‘contacted’ estimated the lowest speed (about 30 mph). This suggests that memory is easily distorted by questioning technique and information acquired after the event can merge with original memory causing inaccurate memory. This may not be valid because the participants may not have taken the task seriously as they knew it was not real (lacks ecological validity) and there was little to no consent given by participants...
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...Eyewitness testimony and its credibility has always been a staple of controversy in court cases. Let's take a minute to think back the last time you were in a local retail store. Now ask yourself, are you able to describe the person who was ahead of you in the line? How many details can you really remember about that person? Now how accurate do you think that your description was? Today we are going to investigate just how accurate people's observations are in everyday life. Objective: The purpose of this project today is to determine whether eyewitness account credible and reliable enough to be used as evidence in criminal investigations. We are going to do this by determining witness recollection, gender of suspect, distance away from suspect and date and time affect the accuracy of witness accounts. . Introduction: Eyewitness accounts are always under scrutiny whether in the courtroom, by police and even scientists. In most eyewitness identification the processes typically involve selecting an alleged perpetrator from a police lineup or sketches. After selecting a suspect a formal statement is using made confirming the identification of the subject. Usually the times in which you are asked to give a statement range anywhere from a day to a few days later. Within this time frame ,ask yourself how accurately are you able to recollect what really happened or what someone really looked like. The reason that so many people also acceptance of eyewitness accounts may stem...
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...(AGG) A voice can mean many things, but what will happen when a person loses their literal voice along with their say in their life. (BS-1) Najmah loses her voice in her life because of the loss of her family. (BS-2) Then regains her hope and by that starts to make her own decisions and makes a plan to find her remaining family. (BS-3) Lastly she takes back control over her life and is able to speak again. (TS) Najmah loses her voice in a literal way and in a way where she had control over her life because her remaining family has died, she soon regains her hope and voice because of the possibility that her brother and father are still alive. (MIP-1) Najmah loses her voice and “say” in her life because she has lost her family. (SIP-A) An event that contributed to Najmah's eventual loss of voice is her brother and father been taken by the Taliban, and when her mother and her little brother died during the bombing. (STEWE-1) Najmah was very hurt by these events because she was sure that she wouldn’t see her brother and father ever again because of what she had heard and how the Taliban treat the people. “The Pashtun Talib mutters something, and the men shove and drag Baba-Jan and my brother toward the Datsun pickup trucks" (18). This event is what started Najmah in the direction of losing her voice but did not show signs of it because her mother was in an unknown state of health and Najmah needed to take care of her mother and tend to the farms and animals or they wouldn’t be...
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...Debate Paper XBCOM/275 November 12, 2014 Heather Fontaine The topic that I have chosen for the subject of my debate paper is the trial of George Zimmerman. On February 26, 2012 a man that was unknown at the time was about to be the center of controversy when he shot and killed a 17 year old boy named Trayvon Martin in Sanford, Florida. The man in question George Zimmerman was a patrolman for the local neighborhood watch in his area. Trayvon Martin was visiting his father who lived in a gated community one of which is where the shooting occurred. That morning Zimmerman had noticed a male lingering in the neighborhood, he then called the non-emergency line to report this. While on the phone with the police the dispatcher informed Mr. Zimmerman not to follow the individual and that police were on their way. When the police arrived moments later they did not find a male lingering in the neighborhood what they had found was Trayvon Martin on the ground lifeless he had been shot in the chest. As the police walked the crime scene, the items that were found were a cell phone, ear buds, iced tea and a bag of skittles, no gun. The only person that was holding a gun was Mr. Zimmerman, this was to be the only gun found at the scene. This sparked outrage within the town, state and country. Mr. Zimmerman was charged with murder and arrested, he had non-life threatening injuries to his head which were treated. Mr. Zimmerman was questioned for many hours, after being questioned...
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...This paper synthesizes the basic facts of United Stated vs. Dube. It explains the role of lay witness testimony, and distinguishes from expert witness testimony. Moreover, it addresses potential problems with lay witness testimony. Finally, we’ll take a closer look at how it impacts final holding and its relevant significant on the case. John Doe Sr. MBA Graduate Student Trident University ABSTRACT The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter than cases today. The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter time than cases heard today. Defendant Dube was tried on an indictment charging him with robbery of a federally insured bank. He did not deny that he committed the robbery, but introduced the testimony of a psychiatrist and a psychologist that he was insane when he committed the offense, (OpenJurist, 1st par). In this case, according to information taken from the case files, found in OpenJurist.org, the prosecution did not present expert testimony instead relied on cross-examination and the lay witness...
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...the question whether or not prosecutors (DAs) rule out the possibility of an eyewitness' having face blindness before testifying against a defendant. One concern about people who may have prosopagnosia is that when using eyewitness testimony, there’s a possibility that the individual may have the diseases. The issue arises when we do not consider this because there are people with the disease and could possibly have no idea that they do. Under the criminal justice system, when using eyewitness testimony with the consideration of face blindness we are incoherently impacting lives negatively. Not considering facial blindness decreases the reliability of an eyewitness testimony because people have a misconception of people’s faces. Eye witness testimony is already fairly unreliable due to outside influence on a person’s ability to recognize a face such as the time since they saw the individual, pressure from peers, or even just the natural idea of simply forgetting (Alperin, 2011). We can see plenty cases of where district attorneys have not considered situations such as facial blindness by referring to the innocence project (Law). Many individuals have been put in jail due to misconception of facial features and error in eyewitness testimonies. There are simple factors that come into play and taking caution for those instances can help. Simply taking these issues such as face blindness into consideration can spare many lives and time spent in the...
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...Main Events in Chapters 4 and 5 Chapter 4: * Lucy goes out looking for adventure * In Piazza Signoria, she witnesses to Italian men arguing, during the argument one of the men is stabbed. * As this happens Lucy sees George Emerson, who looks after her in her state of shock and disbelief. * As a result of the horror she has just witnessed Lucy faints. * She then walks back to the pension with George along the river, and they talk of the murder they have just witnessed. Chapter 5: * Lucy accompanies Charlotte to Piazza Signoria to run some errands, * Lucy is disturbed by her memories of the murder the day before. * They run into Miss Lavish, who is trying to include the murder in her new book. * Mr. Eager, the clergyman who led the tour in Santa Croce, approaches Charlotte and Lucy and invites them to come on a drive some day this week in the hills near Florence. Lucy warms up to the idea when she hears Mr. Beebe is coming. * Mr. Eager talks about yesterday's murder in the square; when he hears that Lucy was there, he begins to ask questions about why she was unescorted. * Mr. Eager tells the women that Mr. Emerson began as the son of a laborer. He worked as a mechanic in his youth and then worked as a journalist in the Socialist press. * Mr. Eager tells them that Mr. Emerson murdered his wife. A moment later, he adds that Emerson murdered his wife "in the sight of God." The subject is promptly dropped. * After Mr. Eager...
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...On July 23, 2010 at approximately 2040 hours, I (Vincent Mendez) Security Officer was sent to asst. with Officer Andrew Kent to Shemoni Jewelry regarding a shoplifting in progress. We were advised from dispatch to help an employee from Shemoni Jewelry who witnesses one of the three males steal diamond earrings. The employee also advised one of the three suspects to stop and come back into the store. At that time the three males laughed at the employee and began speed walking away from Shemoni Jewelry. The employee then followed the three Hispanic males into Bed Bath and Beyond. I arrived at approximately 2045 hours after Officer Andrew Kent and Officer Robert Lopez were already talking to the three males. I then saw one of the three suspects (Alvarez) physically push Officer Kent and then attempt to walk towards the exterior exit out of Bed Bath and Beyond toward the parking lot. At this time officer Kent told Alvarez, don’t push me and that he needed to go back to Shemoni Jewelry or we have to call Ontario Police Department. Alvarez again physically pushed Officer Andrew Kent. I felt he needed to be handcuff because of his violent act and I did not want Alvarez to go further with his behavior and try to harm anyone else. At this time I grabbed Alvarez and took him to the ground to handcuff him. Officer Kent and I placed Alvarez into custody. Shemoni Jewelry employee witnessed Alvarez push Officer Andrew Kent several times. I heard Officer Andrew Kent sternly say to Alvarez...
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...scandal, we continue to see these actions. People are really good at self-deception. We attend to the facts we like and suppress the ones we don’t. Most of the people who had the authority at Penn State to stop the raping of children by Jerry Sandusky proved themselves to be worthless. Despite the status of many individuals, we as a society should eliminate the camouflaging of crimes. In order to seek justice and moral responsibility; motivated blindness, normalcy bias, and bystander effect must all be eliminated. First off, the world today has negative pre-determined imagery of change. This case in relation to other readings previously discussed in class, shows how many deceive change as horrifying. Mike McQueary, for example, an eye witness of the alleged attacks, was so blinded by the negative consequences he couldn’t bring himself to make known. When people find themselves in unsettling circumstances, they shut down and pretend everything is normal. McQueary’s failure to fulfill his moral responsibilities abruptly could have had an effect in why Joe Paterno, or the Penn State athletic director failed as well. Change in the Penn State program created a sense of normalcy bias, weighing more important to McQueary and Paterno than the little boys. In other words, “Nobody wants to damage the brand.” Today our major institutions lie because of a culture in which loyalty to “the company,” and protection of “the brand” – that noxious business-school shibboleth that turns employees...
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...produced by the natives of Bukidnon. It soothes my mind, it is refreshing to my soul and it brought peace to my mind. I could easily write a book if it is going to be my background. Yes, in this moment I am already a researcher and making my first book which is intended for sociological studies. Living with the natives of Bukidnon and knowing their rituals is the subject of my study. Right now I’m witnessing their rituals for occasions like marriage, thanksgiving and healing for their illness. On this night I first witness how they treated illness. It is actually a ritual, their remedy for an illness that is not treated by an herbal medicine. They call their Datu to lead the ritual the natives who was with illness will offer native chicken depends on what kind of illness she/he has. The Datu will utter some kind of prayer that will ask healing for their god, and of the same time he ask forgiveness for the trespasses of the member who has illness. Second I witness the ritual for uniting man and woman. The natives are so conservative that even if they catch you touching the hands of your opposite sex they will eventually bring you into marriage. This ritual it’s said to be the only thing that can get rid the curse among those two people who are getting married. The last ritual that I see is the ritual for thanksgiving to their god and goddesses. Villagers and their Datu were gathering to offer native pigs. This pig will killed by their Datu and they will share it after they boils...
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