Expert Testimony and Its Value In the Justice System
Matthew Bedford Expert Testimony and Its Role in the Justice System Student No: 036176 ________________ Contents Introduction 3 Background Information 4 Issues with Expert Testimony 5 The expert 5 The Evidence 9 Concurrent evidence 16 Conclusion 19 Introduction This project will analyse the current law relating to the procedures for the use of expert witnesses in England and Wales in relation to both criminal and civil trials. The project will highlight some of the issues in relation to expert testimony which have lead to miscarriages of justice. It will then consider the changes which have been proposed, such as those by the Chief Medical Officer (Sir Liam Donaldson) in his report on the use of expert witnesses in family law cases[1], and discuss how effective their implementation would be on fixing the issues which have been discovered. It will also consider whether changes should be made to the English system while
The Canadian Justice system towards aboriginal offenders
Most legal scholars will concede that the failure of the Canadian Justice system towards aboriginal offenders is one of the nation's most profound disgraces. It is a system where aboriginal peoples are systematically disadvantaged, with the inevitable consequences of overrepresentation in prisons and soaring rates of recidivism. Promising initiatives to address these problems have only recently begun to trump the established policy of blaming the aboriginal community for the heightened levels of criminality. One proposed alternative to the conventional justice process is a model of social healing called sentencing circles. Derived from aboriginal values of reconciliation, the sentencing circle is a physical manifestation of the principles of restorative justice with an adherence to the sentencing provisions in the Criminal Code of Canada. This paper offers a critical evaluation of the potential for sentencing circles to rectify the injustices towards aboriginal peoples in the criminal justice system. It begins with an examination of the differences between aboriginal and Euro- Canadian concepts of justice and why there is a need to seek an alternative form of sentencing. The argument is then put forth that the use of sentencing circles should be confined to aboriginal offenders, as it would be neither cost- efficient nor culturally relevant to implement in all justice systems.
As the juvenile courts converge procedurally and substantively with the adult criminal courts, does any reason remain to maintain a separate juvenile justice system?
Jurisdictionally and jurisprudentially, decriminalization of status offenders, waiver of serious offenders for adult prosecution, and increased punishment of delinquents, constitutes a criminological triage in the juvenile justice system. Some have argued that this has resulted in discrimination based on race, gender, and socioeconomic class. Discuss the structural components of this triage strategy, and its' impact on social and legal changes in the juvenile justice system. As the juvenile courts converge procedurally and substantively with the adult criminal courts, does any reason remain to maintain a separate juvenile justice system? Currently, scholarly communities are presenting studies that appear aimed at undermining the current juvenile justice system. The impact of eliminating the juvenile justice system would be, of course, to pragmatically expunge the distinction between young offenders and adult criminals. Leading the charge for the abolition of the juvenile courts system as we know it in the academic community is University of Minnesota Law professor Barry Feld. From his philosophical perspective, as discussed in Bad Kids, Race and the Transformation of the Juvenile Court, Feld's (1999), postulates that ["....the flaw with the criminal justice system lies in the very idea that the juvenile court can successfully combine criminal social control and social
The Criminal Justice System: A Questionable Egalitarian Model
The Criminal Justice System: A Questionable Egalitarian Model Two basic forces can be found at work in the daily operation of the criminal justice system. On the one hand, it can be seen that the components of the criminal justice system are parts of organizational bureaucracies, which emphasize "initiative," often times at the expense of adherence to rules and regulations. On the other hand, there is the "rule of law," which emphasizes the rights of individual citizens and is designed to maintain constraints on the initiative of legal officials. The tension between these two forces constitutes one of the main problems of criminal justice agencies in their attempts to operate as democratic institutions. Furthermore, the tension between "order" and "legality" is related to the public demand that the institutions of criminal justice actually provide justice, rather than merely intending to provide it. For various reasons, there is widespread suspicion in society that the institutions of criminal justice are failing to actually secure justice. This suspicion, in turn, is eroding the trust and confidence imbued upon these institutions by the very constituency they are responsible for serving. This paper will discuss this statement as it relates to the three major segments of the criminal justice system: law enforcement, courts, and corrections. Many scholars in the
Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces the Windows family of operating systems
Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces the Windows family of operating systems for personal computers and servers. It also produces applications software that run on the Windows family of operating systems, most notably the very successful MS-Office Suite consisting of Word, Excel, PowerPoint, Outlook and Access. Almost all Microsoft products are complementary to a member of the Windows family of operating systems for personal computers and servers. During the last few years, the Federal Trade Commission and the Department of Justice of the United States have investigated Microsoft on various antitrust allegations. The 1991-1993 and 1993-1994 investigations by the Federal Trade Commission ended with no lawsuits. The 1994 investigation by the United States Department of Justice was terminated with a consent decree in 1995. The provisions of the 1995 consent decree were: . Microsoft agreed to end per-processor (zero marginal prices) contracts with computer manufacturers but it was allowed to use unrestricted quantity discounts. 2. Microsoft shall not enter into any License Agreement in which the terms of that agreement are expressly or implied conditioned upon the licensing of any other covered product, operating system software product or other product (provided, however, that this provision in and
Penal Studies for Professional Practice
Penal Studies for Professional Practice "Women in prison face greater resettlement problems than men on release". Examine this statement and use research and academic writing and your own practice to find evidence to support or disprove this statement. The purpose of this essay is to support of disprove the statement "women in prison face greater resettlement problems than men on release". Research undertaken on the resettlement of female and male offenders has highlighted that little information currently exists. Therefore, I have widened my reading to include information on the characteristics of female and male offenders, their experiences of prison and the impact this has on their lives, as it is these which create and shape resettlement needs. To begin I will provide a brief description of the current rate and type of women being imprisoned. I will then go on to consider the aim of resettlement and what it encompasses. Following this I plan to investigate those issues deemed to be the cause of resettlement difficulties. I will focus on; housing, childcare, education and employment and substance misuse and will compare findings within these areas for both sexes. I appreciate that both long-term and short-term prisoners may both have resettlement needs, however, due to the limitations of this essay I will focus on those women in receipt of short custodial sentences as
"Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?"
Victims, Public Protection and Risk "Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?" In preparing for this essay it has been identified that sexual offenders are not a homogenous group of individuals and that this is an umbrella term used to describe a range of behaviours ranging from acts of voyeurism and exhibitionism, to more serious acts of pedophilia and rape. For the purpose of this essay I have chosen to focus on the more serious forms of sex offending which in my opinion, are the cause of much of the current attention. In order to understand why sexual offenders attract so much attention I will begin by considering today's society and the emergence of post-modernist values and the preoccupation with risk. I shall then go on to consider the factors which have influenced this current climate. These include the media and its portrayal of high-profile cases like that of Sarah Payne and Sidney Cooke, actions taken in the USA to manage dangerous offenders and the introduction of new offences of 'grooming' spurred by the growth of the internet. Following this I shall concentrate on how the Criminal Justice System has responded to society's anxieties and public protection needs. I will consider the range of strategies implemented to manage and reduce risk, including new
I will look at different black theologies and different theories of justice, and attempt to compare them, concluding with which system of justice makes for an ordered flourishing community. Communitarian Theories of Justice
To what extent does black theology have a coherent understanding of justice? Introduction Essentially, the word "justice" is derived from the Latin word "ius," meaning right or law, and the Greek word "???????" meaning righteous or moral. Individualist theories assert that the good of the individual comes first, and the good of the community, second; communitarian theories assume the reverse. A compromise between these positions is usually sought. For Aristotle, justice is the intellectual virtue of prudence: the balancing of one's own interest with the rights of others. This provides us with the capacity to balance the rights of the individual with the responsibilities of the community. Indeed, Aristotle finds that all virtuous behaviour leads to one being ?????????and justice will follow on from such behaviour. One maintains society as one maintains oneself; for society to flourish, individuals must also flourish. This is clear when Aristotle expresses it in a proverb: "in justice is summed up the whole of virtue,"1 It is difficult to offer a qualitative assessment of the extent of how coherent an understanding North American black theology has of justice. Instead, it may be better to qualify the extent of justice comparatively. Alternatively, as both justice and black theology are ambiguous and can be defined differently, I will look at different black
English legal system
At the Royal Courts of Justice on the 21 November 2002 was the case of Stonebridge Housing Action Trust v Gabbindon & anr. It was heard in the Chancery Division of the High Court by Mr Justice Lloyd. It was an appeal against an order to suspend an existing warrant for possession in Willesden County Court by District Judge Sitch. Summary of facts The case involved a tenant of the Stonebridge Housing Action Trust (SHAT went into arrears in 1997, which led to a suspension order being given under the condition that she would make the repayments needed in weekly instalments. Following this, there had been five proven incidents with one further alleged against the respondents.1 A warrant for possession was issued in October 2001 because of the continued arrears, the tenant now being in the position of a tolerated trespasser. This led to the hearing by Judge Sitch in February 2002 in which the respondents' application to remain on the property was successful on the condition that there were to be no more incidents of misconduct on Gabbindon's part and that rent owed be repaid in instalments. Appellant's argument It was submitted by the appellants that the respondents should not have been granted further permission to remain in the property. She was already a tolerated trespasser in breach of a suspension order and therefore at mercy (reference made to Rent Act 1977). The
Describe with the aid of examples, the authorities, representative bodies or persons that exercise some form of authority over the winding up process of a company in each of the type of winding up recognized by the Companies Act 1995.
Describe with the aid of examples, the authorities, representative bodies or persons that exercise some form of authority over the winding up process of a company in each of the type of winding up recognized by the Companies Act 1995. Winding up is a term commonly associated with the ending of a company's existence1. The purpose of a winding up process is "to ensure that before the company's existence ceases, all its affairs are dealt with, which means removing the company from all its legal relationships. Its contracts must be completed, transferred or otherwise brought to an end; it must cease carrying on business; its liabilities must be met as far as possible and lastly the legal proceedings to which it is party must be determined2." On liquidation, the directors of the company lose all powers of management and any transactions undertaken by the company after the commencement of the liquidation are void. The company gives up its business, sells off its assets, pays its debts or if it is insolvent does so to the extent that its funds allow and distributes whatever surplus remains against its shareholders or otherwise as its memorandum and articles of association may provide. The process of winding up is placed in the hands of a liquidator. The different types of winding up 'Compulsory winding up' is a type of winding up done by the Court. The liquidation results
