Law Of Evidence For Criminal Justice Professionals - Landlord Tenant Attorney Atlanta.
Law Of Evidence For Criminal Justice Professionals
- (Last edited: Friday, 13 November 2009, 11:48 AM)
- Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
- Criminal Justice is a British television drama series produced by the BBC and first shown in 2008. Written by Peter Moffat, each five-episode series follows the journey of an individual through the justice system and was first broadcast over five successive nights on BBC One.
- (professional) engaged in a profession or engaging in as a profession or means of livelihood; "the professional man or woman possesses distinctive qualifications"; "began her professional career after the Olympics"; "professional theater"; "professional football"; "a professional cook"; "
- (professional) an athlete who plays for pay
- (professional) master: an authority qualified to teach apprentices
- A person engaged in a specified activity, esp. a sport or branch of the performing arts, as a main paid occupation rather than as a pastime
- A person engaged or qualified in a profession
- A person competent or skilled in a particular activity
- your basis for belief or disbelief; knowledge on which to base belief; "the evidence that smoking causes lung cancer is very compelling"
- The available body of facts or information indicating whether a belief or proposition is true or valid
- Signs; indications
- Information given personally, drawn from a document, or in the form of material objects, tending or used to establish facts in a legal investigation or admissible as testimony in court
- attest: provide evidence for; stand as proof of; show by one's behavior, attitude, or external attributes; "His high fever attested to his illness"; "The buildings in Rome manifest a high level of architectural sophistication"; "This decision demonstrates his sense of fairness"
- an indication that makes something evident; "his trembling was evidence of his fear"
- a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
- The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties
- legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"
- Such systems as a subject of study or as the basis of the legal profession
- An individual rule as part of such a system
- the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
law of evidence for criminal justice professionals - Principles of
Principles of Evidence in International Criminal Justice
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future.
The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
Memory And The Law
SOME GUIDELINES FOR A TRIP DOWN MEMORY LANE A review by Phillip Taylor A set of guidelines was launched recently by the British Psychological Society (BPS), being developed to provide the latest scientific evidence relating to memory and legal matters which will be of help to all involved in law. These are recommendations from the scientific study of human memory by distinguished experts in their fields as research members and advisors to the BPS Research Board. Many legal professionals know that a witness’s memory is vital to law and justice, and is much more fallible than many realise …often until it is too late with contentious litigation. The report has been the culmination of an international working group of the BPS Research Board under Martin Conway and Emily Holmes comprising 14 members and 12 distinguished international advisers. Its key points include the following: •that the content of memories arises from an individual’s comprehension of an experience, both conscious and non-conscious. Such content can be further modified and changed by subsequent recall; •any account of a memory will feature forgotten details and gaps; and •people can remember events that they have not in reality experienced. Leeds University Professor Martin Conway explains: “In many legal cases, memory may feature as the main, or the only source of evidence, and is nearly always critical to the course and outcome of the case or litigation. It is therefore vital that those involved in legal work are well informed of developments in the scientific study of memory – how memories are created, their content, and how they are remembered for example.” Conway comments that “there is a tendency for people involved in the criminal justice system to influence witnesses’ memories of events, intentionally or unintentionally. This might be by asking leading questions or reinforcing memories while recapping what a witness has said”. He and his team conclude that the guidelines have been developed “to provide an accessible and scientifically accurate basis from which they can consider relevant legal issues relating to memory.” There are seven sections in this report: background and overview; legal consideration including evidence and expert witnesses; psychological consideration and the nature of memory; vulnerable groups; memory, trauma and stress; witness interviews and statements; and ID parades. Clearly of great interest to learners and practitioners are section two on legal considerations and section seven on ID parades. There are 12 pages of references which cover issues of relevance to practitioners on both sides of the Atlantic and useful examples from the USA as well as crucial aspects of PACE. As will be expected, due weight is given to the decisions in Turnbull and other leading criminal cases in evidence. There are ten key points set out at the beginning of the report which I am summarising as follows: 1.memories are records of people’s experiences of events and are not a record of the events themselves; 2.memory is not only of experienced events but it is also of the knowledge of a person’s life, i.e. schools, occupations, holidays, friends, homes, achievements, failures, etc; 3.remembering is a constructive process; 4.memories for experienced events are always incomplete; 5.memories typically contain only a few highly specific details; 6.recall of a single or several highly specific details does not guarantee that a memory is accurate or even that it actually occurred; 7.the content of memories arises from an individual’s comprehension of an experience, both conscious and non-conscious; 8.people can remember events that they have not in reality experienced (these are often referred to as ‘confabulations’); 9.memories for traumatic experiences, childhood events, interview and identification practices, memory in younger children and older adults and other vulnerable groups all have special features; and 10.a memory expert is a person who is recognised by the memory research community to be a memory researcher. Possible Conclusions So what use is this study to us? It is clearly highly authoritative and will give trainees some very useful tips for their examinations. For practitioners, it will provide some guidance when trying to fathom some of the more complex pieces of ‘memory’ evidence which we often come across during the preparation of cases for trial. I just wonder how many judges would judge it irrelevant, though! Just one example can be found in the final section on ID evidence to show what I feel is the worth of this document. The report states: “identification parades are one of the main sources of evidence in many criminal investigations. Data from many sources suggest that errant identifications are a leading cause of false convictions”. The summary suggests that this has led some commentators to question whether ID evidence is sufficiently reliable to be admitted in court. It concludes
Rep. Darrell Issa (R-Calif.)---- investigations coming for obama
House Republican leaders announced plans Monday for congressional investigations into a wide range of issues, from corruption in Afghanistan to Washington's regulation of private industries, using the power of their new majority to launch probes that could embarrass the Obama administration. Rep. Darrell Issa (R-Calif.), who will become chairman of the House Oversight and Government Reform Committee when the 112th Congress is sworn in Wednesday, said he would lead six major investigations in the first three months of the year. This is an ambitious undertaking by conventional standards, as congressional investigations often take months to bear fruit. Issa, who will have power to subpoena government officials to appear before the committee, said he intended to conduct inquiries into the release of classified diplomatic cables by Wikileaks; recalls at the Food and Drug Administration; the role of Fannie Mae and Freddie Mac in the foreclosure crisis; the Financial Crisis Inquiry Commission's failure to identify the origins of the meltdown; as well as business regulations and alleged corruption in Afghanistan. Other incoming Republican committee chairmen are planning investigations into the Justice Department's civil rights division, the radicalization of Muslims in the United States, homeland security grant money and air cargo and port and chemical plant security. Every turnover in Congress fuels anticipation about how the new majority will scrutinize the administration. In Issa's case, the combative Republican has tempered his partisan rhetoric recently and appeared to steer clear of undertaking investigations that could be seen as overtly political. But his ambitious agenda sets up a potential early showdown between the White House and emboldened House Republicans. Issa outlined plans to ask administration officials to testify, including national security adviser Tom Donilon, whom he wants to question about whether the administration has a strategy to stop the dissemination of sensitive information by sites like Wikileaks. "I've always been fond of the saying that when it comes to oversight and reform, the federal government does two things well: nothing and overreact," Issa said Monday. "Too often, a problem is allowed to fester until it reaches a crisis point. . ..and the American people are left asking the question: what went wrong and why?" Rep. Peter T. King (R-N.Y.), the incoming chairman of the Homeland Security Committee, said he plans to investigate the apparent radicalization of some Muslims in the United States and the extent to which American Muslims are cooperating with law enforcement authorities. He also plans to probe homeland security issues. "Different from Darrell Issa, I'm not expecting to find significant corruption in the departments," King said in an interview. "To the extent there's disagreement, it will be philosophical disagreement and a question of leadership, whether or not the department is assertive enough." Rep. Lamar Smith (R-Tex.), who is taking over the House Judiciary Committee, is planning investigations of the Justice Department, including allegations that the civil rights division is not fairly enforcing voter rights laws, according to a senior aide. Since Democrats control the Senate, the White House and federal agencies, Republicans can use House oversight hearings to slow down policies and practices they disapprove of. "The ability to hold hearings is a tool to help shape public opinion, put pressure on the Senate and maybe allow you at the end of the day to get concessions from the administration," said former Republican congressman Vin Weber, a Washington lobbyist But, Weber added: "Speaker [John] Boehner is quietly insisting that the investigative process be focused on substantive matters and not become a political witch hunt." Issa spokesman Kurt Bardella said the investigations will focus on the "institutionalized culture of waste, fraud and abuse" within the federal bureaucracy. "The enemy isn't the Democrats or the Republicans," Bardella said. "It's the bureaucracy that outlasts any one administration or political party." Still, such findings could have broad political reverberations for President Obama as he prepares his 2012 reelection campaign. So far, the White House has not engaged Issa, preferring to wait and see what he does once he becomes chairman rather than react to what he says he will do. Congress has long summoned senior administration officials to testify. At times, various White Houses have resisted. The Bush White House invoked executive privilege to keep national security adviser Condoleezza Rice, strategist Karl Rove and others from discussing sensitive or potentially embarrassing information. If a similar legal battle ensues between Obama and Issa, a team of White House lawyers and communications officials will coordinate
law of evidence for criminal justice professionals
The most accurate, up-to-date, and readable criminal procedure text available today, this best seller provides students with all the information they need to understand the legal aspects of police investigatory practices. Using clear and concise statements of criminal procedure law and understandable explanations of the reasoning behind the law, the author clarifies potentially confusing and obscure legal matter. By focusing on U.S. Supreme Court and carefully selected lower court cases setting out the requirements for arrest, search and seizure, confessions, and pretrial identifications, students develop a comprehensive understanding of the legal rights, duties, and liabilities of law enforcement professionals. CRIMINAL PROCEDURE FOR THE CRIMINAL JUSTICE PROFESSIONAL, Ninth Edition now includes the most student-friendly and useful technology package available, including a FREE Crime and Evidence in Action CD-ROM and robust Companion Web Site.