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Administrative Justice
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The United States Supreme Court has had a tremendous impact on the criminal procedure practiced in all three sub components of the American criminal justice system. Discuss the three most important(landmark) Supreme Court cases that have dramatically changed how the criminal procedure is conducted in one of the subsystems (i.e. police, courts, or corrections).
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Which subsystem you choose is your choice as is the three cases, but be sure and say why you chose those cases, what was the substantial change those cases made to that subsystem. Also, discuss whether that change was for the better or not, with reasons for your answer SCHOLARLY SOURCES ONLY
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Arson and Kidnapping Criminal Law
Read the following:
Criminal Law, Chapter 1; pg. 3-23
“How to Prepare for Criminal Law Class”
Prepare the following questions for discussion:
Identify the elements in the following statutes:
RCW 9A.48.030: Arson in the second degree.
A person is guilty of arson in the second degree if he or she knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building….
Model Penal Code (MPC) Section 212.1: Kidnapping.
Arson and Kidnapping Criminal Law
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A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following purposes:(a) to hold for ransom or reward, or as a shield or hostage; or(b) to facilitate commission of any felony or flight thereafter; or(c) to inflict bodily injury on or to terrorize the victim or another; or(d) to interfere with the performance of any governmental or political function.
“Problem Case”, pg. 19: Did the jury in the O.J. Simpson murder trial engage in jury nullification? Were they invited to do so by the defense? For those who have never heard of O.J. Simpson or his infamous murder trial, here’s a link to a quick summary from Prof. Douglas Linder of the University of Missouri-Kansas City School of Law [WARNING: The language used by one of the LAPD detectives in this trial included vile racist references]. Pay particular attention to the excerpt of the closing argument of Simpson’s lead attorney, Johnny Cochran: https://famous-trials.com/simpson/1862-home
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Perspective in Criminology
Alcohol-related violence and one punch killings Research question a) How can public debate and political action relating to these offences be seen as related to neo-liberal ideology? Discuss in relation to concepts of risk and responsibilisation.
Please note that for this assignment you are required to cite at least 8 academic references. Note: Wikipedia and media articles are NOT academic references.
Marking Criteria Style & Presentation – Some Dos and Don’ts 1. ESSAY PREPARATIONS AND RESEARCH: You need to relate your essay to the specific topic provided above
You are expected to have basic knowledge about how to do academic research (both online and in the Library). If you would like help, or are unsure about how to research academic material
Wikipedia is not an academic source!
Perspective in Criminology
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Preparation is key to good writing. The more time you spend mapping out your assignment, the more likely it is that you will produce a coherent and convincing argument. Your essay should be 1.5 or double spaced.
Your assignment should be sufficiently titled so as to indicate the question you have selected.
Your reference list must be included at the end of your essay. Failure to include a reference list can result in an automatic failure and can constitute serious academic misconduct.
Avoid overly long sentences. Simple is better.
You need to read your essay prior to submission. If it doesn’t make sense to you, it won’t make sense to your marker either.
RUN A SPELLING AND GRAMMAR CHECK.
Make sure all your references are fully and properly acknowledged (including page numbers for direct quotations).
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ECJ and ICJ Roles Compared
Introduction
The International Court of Justice (ICJ) is the legal structure of the United Nations (UN) and the leading international court with jurisdiction over global legal differences. On the other hand, the European Court of Justice (ECJ) is the legal establishment of the European Union (EU)[1]. The ECJ is mandated with resolving member states differences. The International Court of Justice (ICJ) and the European court of justice (ECJ) were set up by interstate treaties to perform various roles[2]. The will evaluates the different roles of ICJ and ECJ.
Settlement of Disputes
Both ECJ and ICJ play a significant function of settling disputes. To start with the ICJ’s role is two-fold; resolve disputes based on the international law and legal conflicts submitted to the court and provide advisory guidance on legal issues provided by duly international legal agencies. All UN member countries are ipso facto parties to the ICJ Statute, an aspect that is relevant to the UN Charter, and currently, almost all countries are UN member states. Every disputing nation has recognized the court’s jurisdiction as mandatory.
On advisory, UN specialized agencies and organs have the power to request the views of ICJ. The consultative process highlights on contentious proceedings and the basis of applicable law. Particular rules can, nevertheless, stipulate that advisory law is binding. This means that such laws cannot be invoked after the states have consented while the court has made a ruling.Nonetheless, a country’s failure to adhere to the tribunal’s decision breaches Article 94(2) of the UN Charter.
Noncompliance may be invoked to UN Security Council that can either make suggestions or authorize the use other strategies to enforce the ruling. The UN Security Council’s decision to implement compliance based on the court’s ruling is subjected to veto power and therefore mainly relies on the willingness of the members to resort to enforcement strategies while supporting the preliminary ruling.
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Article 36 (2) of the ICJ statute or Optional Clause, gives states the authority to make a unilateral declaration, whereby they recognize “a mandatory ipso acto and with no particular agreement, based on any country accepting similar obligations, the prerogative of ICJ in settling legal conflicts. Under the Optional Clause, some states have accepted ICJ’s jurisdiction with particular restrictions, for example, the US has appealed the Connally Reservation.
Such a reservation allows nations to avert ICJ’s prerogative initially recognized under the Optional Clause if they choose not to respond to a given suit. In most instances, it is practiced if a nation confirms that a conflict is domestic in nature and not international, and, therefore, domestic jurisdiction is applicable. If a government appeals the Connally Reservation, another one can also appeal to that nation, and hence a suit against the second country will be revoked.
This is commonly known as the rule of reciprocity and demonstrates that a nation has the responsibility of responding to the suit filed against it before the ICJ provided that the country is submitting the suit also recognizes the court’s jurisdiction. Much as ICJ has the mandate to hear any given case suitably provided, access laws evidently require that many conflicts will encompass enforcement or challenges to the actions.[3]
Settlements of Disputes in such agencies are minimized to contract conflicts with international bodies. For that reason, what may be viewed as a paradigmatic function of ICJ? Also, in the mandatory jurisdiction, ICJ’s role of settling disputes can be the foundation of enforcing the agreement and hence it can morph into enforcement function.
Moreover, ICJ is in charge of excising appellate jurisdiction, for example, this can be a result of provisions in the treaties including 1944 Convention on International Civil Aviation that envisages appeals to ICJ from rulings of ICAOCouncil.
Like ICJ, ECJ has the power of resolving interstate conflicts regarding the interpretation and use of agreements. Besides jurisdiction of inter-member states conflicts based on Article 344 Treaty on the Functioning of the European Union (TFEU), the ECJ interpret treaties through original judgments regarding the legitimacy and construal of agencies of EU and, institutions’ act.
As such, ECJ has the power of ensuring that law is not only observed but also interpreted and used in EU treaties[4]. To settle legal disputes, ECJ has a broad jurisdiction to hearing some actions. Additionally, it has the ability besides other things to regulate the applications of actions due to failure to act submitted by member states or against members as a result of failing to meet the obligations of the original judgments and appeals.[5]
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ECJ dispute resolution
The European Court of Justice (ECJ) is the legal establishment of the European Union. The court’s primary obligation is to resolve disputes between member states. Moreover, the ECJ has an important duty of ensuring that European law is understood and employed the same way across the board. While based in Luxembourg, the court consists of 28 judges, taken from each member state.
For instance, to preclude disparities of interpretation of the European Union (EU) law by national courts, the initial verdict processes enhances the co-operation between national courts and the ECJ[6]. Furthermore, if a case is presented before a domestic jurisdiction that entails a clarification of the EU bylaws, if faced with ambiguity, the national courts will indeed refer the issue to the ECJ for interpretation. The ECJ will then pronounce a decision with regards to how the law should be interpreted.
The ECJ has the mandate to enhance proceedings, particularly if initiated by The Commission for purposes of compelling a member state to abide by the EU statute. In cases where the member state is in the wrong, it has to rectify the anomaly promptly. Whenever there is a dispute emanating from laws enacted by EU institutions at the expense of EU Agreements, the ECJ may request for the cancelation of such laws.
However, the ECJ has to determine that such laws are in conflict with the EU treaties before obliterating them. In addition, invalidation proceedings can also be advanced by private individuals provided they can substantiate that the statute in question has a direct effective on them individually.[7]
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In Nold v. Commission case of 1974, the ECJ made a pronouncement guided by the legal practices common to the member states, and that it was not in any way ready to support measures that are not in tandem with fundamental rights accepted and protected by the components of member states. The pronouncement led to an understanding between member states and the ECJ.
This permitted state courts to make recommendations when the ECJ law and member states are in conflict. By and large, ICJ an ECJ resolves disagreements based on the interpretation and use of terms in trials that are created between two or more nations. Other cases may include the presence of the military in a foreign country, water boundary conflicts among others.
Court of Appeal and Compliance
ICJ serves as the court of appeal while ECJ is the foundation of ensuring that European laws are adhered to. ICJ can serve as the court of appeal of International Labor Organization (ILO) Administrative Tribunal. After 1955, the decisions of United Nations Administrative Tribunal can be appealed to ICJ; however the association was severed by United Nations General Assembly.[8]
On the other hand, the ECJ acts as a platform for making sure that European law is adhered to uniformly when it comes to interpretation of legal actions. While European laws are statutes stipulated by legislative organs, they regularly amend them based on the case law of ECJ. For that reason, the ECJ plays the function of EU integration through clarification of ambiguous legal stipulations, implemented regarding fulfilling the agreement by policy makers with different interests.[9]
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International Law Enforcement
ECJ and ICJ are in charge of enforcing international law. To start with, the ICJ is mandated to oversee countries compliance with international law. In addition, this entails reviewing countries actions, public agencies and in some instances individuals to determine if they adhere to the provisions of international rules. ICJ can consider the practices of a nation in international law as either lawful or unlawful while secondarily authorizing measures to reward victims and create expenses related to criminal actions. According to International Court of Justice Statute,
ICJ decides cases with regards to international law. This is to say, that the court should apply; a) international conventions and agreements; b) international customs; c) general codes accepted as law; and d) judicial decisions.[10] With the goal that nations can enforce legal rulings, there is an assumption of forcing legitimate national decisions. Apparently, such an assumption is not recognized globally.
The inadequate international administrative tool to enforce ICJ judgments against nations, however, some have alleged that the case of ICJ is similar to public law as well as constitutional functions of local courts.
The International Court is also tasked with the obligation to formulate the private international law. While the international court has played a comparatively modest and significant role in the creation of the international law, looking ahead, this obligation is expected to increase.
The porousness of national boundaries as an outcome of globalization, leads horizontally, to the snowballing interaction between domestic legal structures, culminating in more private global legal issues happening. However, it equally shrinks, vertically, the conventional distance between the spheres of public and private universal law. At some point, the ordering of the diversity of private law orders and arrangements the central obligation of the private international law- is slowly but surely also an issue of interest for public international law[11].
For instance, this has been made probable through the concession and wider acceptance of The Hague Conventions and other international, regional and two-pronged instruments on the transnational private law. However, standards of transnational public law are gradually cooperating with, influencing and reporting to norms of private international law, especially where they are exemplified in transnational instruments.
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With international law enforcement, the ECJ makes ruling on the actions submitted by 1) member nations, institution or legal individual; 2) making preliminary judgments upon requests of tribunals of members, on the interpretation of Union Laws; and 3) make decisions in other cases as stipulated in treaties. In addition, the ECJ reviews the legitimacy of legislative acts and the Council of Commission.
In this case, the ECJ provides uniform and precise interpretation of law while ensuring that all members adhere to it. Besides the predisposition of governments interpreting the law based on their interests, it a new regulation as such not widely recognized.
Review international administration and legitimacy
Both courts are involved in the reviews, on one hand; ICJ considers foreign policy, and on the other ECJ reviews the legitimacy of European acts. ICJ listens to challenges to the judgment of administrators in cases submitted by individuals affected by such decision.[12] Based on the standard of assessment, the court checks to ensure that administrative decision complies with the law, and the administrators have a valid basis for their understanding.
In addition, the ICJ has the power to assess the rulings of national managers responsible for enforcing international regulations. In developing and developed nations, the ICJ authorizes a local action as lawful. On the other hand, ECJ regularly reviews widespread applications for common regulatory laws. Nevertheless, in cases where nations creatively deduce international law for fostering national agenda, foreign administrators can act as a type of global enforcement structure for decision formulation.
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These administrative reviews allow nations to construe uniformly transactional, regulatory laws, providing a platform for domestic courts and administrators concerning new and complex legal problems. They also offer legal preparation especially for private individuals that do not succeed, therefore, help states protect their actions from criminal allegations. On the contrary, ECJ reviews the legitimacy of European acts, and agencies to provide legal impacts. Annulment proceedings can be submitted to decision formulation institutions, members or under certain conditions by a person.
The objective of such actions is annulling acts of institutions that are not related to stipulations of treaties, exceeding their rights or fail to adhere to the laid down procedure. If the action turns out to be adequately funded, ECJ pronounces the issue as void. Thus, annulment proceedings are the basis for evaluating compliance of European legislator acts to treaties and legitimacy of Commission judgments and resolving inter-institutional conflicts influencing power decentralizingon every institution from treaties. The controlling legitimacy of the institutions’ actions connects ECJ to constitutional jurisdiction.[13]
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Reinforcing legal process
The ECJ plays the role of strengthening legal structure by developing various institutional frameworks, amending inter-institutional as well as member states uniformly. The court solely is dedicated on these provisions while widening the catalog to protect the rule of law and supporting the prevailing conditions of the institutional uniformity. ECJ’s fundamental rights jurisprudencepresents a recognized role in the constitutional process.
Also, though the treaties did not contain anything on legal structure, the court progressively fleshed out a bill of rights in various cases including Staunder (1969) and Omega (2004) that is waiting to be integrated into law. Apart from reinforcing constitutional framework, the ECJ mandated to ensure there is a legal basis for the European law as well application duty of loyal cohesion.[14]
The universal values of European law have for several years been replacing due to EU lack of fundamental rights process. Without a doubt, the general values are important in guaranteeing that constitutional courts at national level recognize the influence of European law. The duty of loyal co-operation is vital in the creation of legal rules. However, its significance is fundamental in the legal process like EU, where laws are used in similar institutions.
Similarly, ICJ is in charge of strengthening the constitutional process by enforcing international laws and nullifies unlawful international actions.[15] Also, ICJ is regarded as a constitutional organ since it has the capability to make laws of constitutional significance.
Basically, in reinforcing legal process, the ICJ promotes the culture of constitutional compliance when the acts of a nation are regarded as ipso facto invalid. To effective foster legal agreement, the ICJ depends on the public views to pressure political leaders to respect rulings.
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Promote integration and global community
While ECJ promotes integration, ICJ fosters global community. According to Article 7 European Court has empowered ECJ to perform duties entrustedto Community, demonstrating that without a doubt it has a remitto not only protect but also promote the rule of law. The European legal principles foster this step proving that ECJ is lawfully in charge of developing pro-integration process and required to provide rulings to reinforce and enhance the Community or Union legal structure. In the global community, the ICJ hears cases regarding maritime boundary, trade law, human rights, international criminal law and different tribunals formed to listen to a given case.
Interface and judicial dialogue
ICJ and ECJ are in charge of ensuring there is an interface in the trends of legal discussion. For instance, the ever-growing jurisprudence demonstrates that ECJ uses ICJ case-law as a tool for interpreting international practices relevant to its duties[16].
In the recent past, ECJ used the North Sea Continental Shelf ruling to show that member states have independent rights regarding the nearby continental shelf, hence acts done on the continental shelf be considered as attempts of applying the European Union law. In the continental shelf, the ICJ made a ruling that coastal nations have the rights to extend their territory under the sea to exploit water resources.
In a bid to promote judicial discussion, both ICJ and ECJ are involved treaty of law. It is significant to note that treaty of law is important to EU because it is not a party to the law of treaties of Vienna Conventions[17]. Moreover, in the 2015 Evans Case, both courts used case law as the basis for guaranteeing that the rule depicts customary law.
By and large, in ensuring an interface in the judicial dialogue, ECJ, and ICJ when making a ruling involving public international law, in particular, ECJ instead of using on its interpretation of international law, it refers to ICJ decisions. Therefore, ECJ has comprehensively used ICJ as a platform for interpreting international law necessary in performing its roles.[18]
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Conclusion
In this paper, it became clear that the ECJ plays a critical role in resolving disputes between member states. The ECJ is also mandated with interpreting the European law and ensuring it is followed to the latter. On the other hand, the ICJ ensures the order is observed among the UN member states. Still the court has jurisdiction within the EU members. The ICJ offers checks on the exercise of transnational authority in their administrative and constitutional review functions.
The managerial analysis is a safeguard mechanism against prejudice or political interference in the application of the law. The ECJ, for instance, is dubbed as the court of justice in the EU. In the event of a conflict of interest, the ECJ institutes annulment proceedings. Indeed, both the ICJ and ECJ play a critical function[19].
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References
Klabbers, J. The validity of EU norms conflicting with international obligations. International law as law of the European Union. Martinus Nijhoff Publishers, Leiden and Boston, 2012.
Eckes, C. The Court of Justice’s Participation in the Judicial Discourse: Theory and Practice. The European Court of Justice and External Relations-Constitutional Challenges Hart Publishing, Oxford, 2014.
Rachovitsa, A, ‘Fragmentation or unity of public international law’revisited: analyzing the European Convention on Human Rights when the European Court takes cognizance of public international law norms (Doctoral dissertation, University of Nottingham), 2013.
Dolzer, R. and Schreuer, C. Principles of international investment law. Oxford University Press, 2008.
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De Búrca, G. The European court of Justice and the International Legal order after Kadi’(2010). Harvard International Law Journal, 51, p.1.
Rosas, ‘The European Court of Justice and Public International Law’, in J. Wouters, A. Nollkaemper and E. de Wet (Eds.), The Europeanization of International Law – The Status of International Law in the EU and its Member States, The Hague: T.M.C. Asser Press, 2008, pp. 71 2011.
Mendez, M. ‘The Legal Effect of Community Agreements: Maximalist Treaty Enforcement and Judicial Avoidance Techniques’, European Journal of International Law, 2010, pp. 83-104
Bickerton, C. European Union Foreign Policy: From Effectiveness to Functionality, Palgrave, 2011 (forthcoming), Chapter 4.
Martin Shapiro, „The European Court of Justice‟, in Paul Craig & Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: OUP, pp. 321-347, at 332.
Neville Brown L, Tom Kennedy, Brown & Jacobs. The Court of Justice of the European Communities, London: Sweet & Maxwell 2000, p. 344
David Anderson & Marie Demetriou, References to the European Court (Second Edition), London: Sweet & Maxwell 2002, pp. 177-180.
Damian Chalmers, Christos Hadjiemannuil, Giorgio Monti, Adam Tomkins, EU Law: Text and Materials, Cambridge: Cambridge University Press 2006, p. 301.
Kokott & Cheryl Saunders (eds.), The Future of the European Judicial System in a Comparative Perspective, Baden-Baden: Nomos 2006, pp. 83-90.
Buergenthal, T “Proliferation of International Courts and Tribunals: Is It Good or Bad?” Leiden Journal of International Law (2001), 14: 267-275.
Hafner, G. “Pros and Cons Ensuing from Fragmentation of International Law”, Michigan Journal of International Law Vol. 25(2004), pp. 849- 863.
Martinez, S “Towards an International Judicial System”, Stan.L Rev. Vol. 56(2) (2003), pp. 429-529.
Stephens, T. “Multiple International Courts and the ‘Fragmentation’ of International Environmental law”, Sydney Law School Legal Studies Research Paper No.07/14 (2007), pp. 227-271, at 23
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[1] C Eckes, The Court of Justice’s Participation in the Judicial Discourse: Theory and Practice. The European Court of Justice and External Relations-Constitutional Challenges Hart Publishing, Oxford, 2014.
[2] S. Cheryl (eds). The Future of the European Judicial System in a Comparative Perspective,
Baden-Baden: Nomos 2006, pp. 83-90.
[3] S Martinez, “Towards an International Judicial System”, Stan.L Rev. Vol. 56(2) (2003), pp. 429-529.
[4] T Stephens, “Multiple International Courts and the ‘Fragmentation’ of International Environmental law”, Sydney Law School Legal Studies Research Paper No.07/14 (2007), pp. 227-271.
[5] A. Rosas, ‘The European Court of Justice and Public International Law’, in J. Wouters, A. Nollkaemper and E. de Wet (Eds.), The Europeanisation of International Law – The Status of International Law in the EU and its Member States, The Hague: T.M.C. Asser Press, 2008, pp. 71 2011.
[6] J Klabbers, The validity of EU norms conflicting with international obligations. International law as law of the European Union. Martinus Nijhoff Publishers, Leiden and Boston, 2012, pp.111-132.
[7] G. Hafner, “Pros and Cons Ensuing from Fragmentation of International Law”, Michigan Journal of International Law Vol. 25(2004), pp. 849- 863.
[8] T. Buergenthal “Proliferation of International Courts and Tribunals: Is It Good or Bad?”, Leiden Journal of International Law (2001), 14: 267-275.
[9]F.G Jacobs, Judicial dialogue and the cross-fertilization of legal systems: The European Court of Justice. Tex. Int’l LJ, 38, 2003, p.547.
[10] L. Neville Brown, Tom Kennedy, Brown & Jacobs. The Court of Justice of the European Communities, London: Sweet & Maxwell 2000, p. 344
[11]A Rachovitsa, Fragmentation or unity of public international law’revisited: analysing the European Convention on Human Rights when the European Court takes cognisance of public international law norms (Doctoral dissertation, University of Nottingham), 2013.
[12]G De Burca, The European court of Justice and the International Legal order after Kadi’. Harvard International Law Journal, 2010.
[13] M. Mendez, ‘The Legal Effect of Community Agreements: Maximalist Treaty Enforcement and Judicial Avoidance Techniques’, European Journal of International Law, 2010, pp. 83-104
[14] S. Martin, The European Court of Justice‟, in Paul Craig & Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: OUP, pp. 321-347.
[15]R, Dolzer and C, Schreuer. Principles of international investment law. Oxford University Press, 2008
[16] P. Schiff Berman, ‘A Pluralist Approach to International Law’, The Yale Journal of International Law2007, pp. 301-329.
[17] S Fathan, Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations. Indonesian Journal of International Law, 3 (1), 2005.
[18] D. Chalmers, C. Hadjiemannuil, G. Monti, and A. Tomkins, EU Law: Text and Materials, Cambridge: Cambridge University Press 2006, p. 301
[19] C. Bickerton, European Union Foreign Policy: From Effectiveness to Functionality, Palgrave,2011 (forthcoming), Chapter 4.
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The Best Evidence Rule
What is the best evidence rule? Explain in detail.
The best evidence rule in the US Constitution is associated with Article X of the Federal Rules of Evidence (1001-1008). The statute identifies the guiding principles that may require either the plaintiff or defendant to table as evidence the contents of a document, footage or photograph at trial in the absence of original documents. However, secondary evidence can only be allowed, if either party can present tangible reasons for the missing original document.
The rule applies best in a circumstance where the party endeavors to substantiate contents of copy document presented as evidence at trial. Moreover, evidence to the original content can be adduced in the form of testimonies. Modern times have, however, necessitated the application of electronic, motionless and other copies as a substitute for the original (Miller, 2012). The general rule dictates that secondary evidence cannot be tabled at trial if the original document exists.
Why was the best evidence rule implemented into the U.S. court system? Explain.
In the US for instance, the court system held the view that any secondary evidence was inadequate. As such, the judicial system would prefer original content or recorded evident as opposed to photocopies because the substantiation in these documents was reliable and of great significance in a court of law(Miller, 2012).
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A case in point is where the Washington Post did a story based on a leakage which necessitated the fall of President Richard Nixon of the United States in 1972. Bob Woodward and Carl Bernstein wrote the editorial piece that carried grave allegations. The article highlighted a well-orchestrated ploy to rig President Nixon into the office for the second term.
Moreover, the information also led to the Watergate scandal. While the heated the article generated led to the President Nixon’s resignation from office, it also paved the way for the imprisonment of several top officers in the Nixon’s government (Amaya, 2008).The best evidence rule as enfolded in the Federal Rules of Evidence demands the application of original content, footage and photographic material or paintings. The precision of evidence it presents underscores the reason the statute was implemented in the United States court system.
What is the rationale behind its application?
The motivation for applying the best evidence rule can only be comprehended from the circumstances in which it emerges. The 18th Century, for instance, a situation arose where handmade evidence was tabled as evidence at trial. This set precedence for theassumption that in the absence of original content, there was every reason not to rely on the copy adduced as evidence (Miller, 2012).
Two viewpoints underlie the basis of the best evidence rule:
Fraud Deterrence:
The rule safeguards against false evidence. There is a presumption that an original document is less susceptible to falsified exploitation than a verbal testimony about the write-up. By admitting original content, the best evidence rule thwarts fraudulent orchestrations. Regardless of where the best evidence rule applies, it may be irrelevant to foil fraud in a bid to weaken the fraud rationale.
However, advents of photographic and scanning technology have made it probable to forge documents. While the best evidence rule may help to curtail fraud, it does not mean that all original documents tabled as evidence for trial are necessarily genuine (Allen and Stein, 2013).
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CurtailingMisconception of Writings
The justification presented is that the rule was formulated to curtail any likelihood of a deceitful imprint of the writings by demanding for the provision of original documents if they exist. Precluding misconceptions is a critical element; however, modern developments of the discovery weaken this to justify the best evidence rule model(Miller, 2012). The rationale that the judges can examine original documents implies that they can also determine the impreciseness before trial as opposed to unraveling the same problems using the best evidence rule.
Review the following cases concerning wiretapping:
Olmstead v. the United States
Olmstead’s office and the home area were tapped in a stealth mode by the federal agents. It is this evidence from that wiretaps that was used against him in court. The judgment was anchored on a wire-tapped discussion in which Olmstead insinuated a ploy to violate the National Prohibition Act through the importation and selling of illicit beer(Anderson, Schum and Twining, 2009).
The pronouncements to employ wiretapped discussions as implicating evidence did not violate their Fifth Amendment safety against self-incrimination as the conversationwas not illegitimately executed but were volunteered between the two parties. Independently, the party’s 4th Amendments rights were contravened because the whole issue of wiretapping does not entail a search and appropriation the sole impression of the 4th Amendment. Moreover, for ethical reasons, the jury ruled that wiretapping could be immoral, but no court can exclude such evidence.
Nardone v. the United States
In the case of Nardone v. the US, it’s challenging to understand the information used in the investigation the purpose as a result of security alert, a significant amount of data was recorded. In the identification of data that breaches privacy, lawmakers should be in a position to realize, hear and comprehend information, which is not relevant to the primary goal of the investigation. It is also intricate how a regime uses words spoken by an individual to convict them. In such a government, an individual can choose to speak or keep quiet while wiretapping fulfills the credentials for use in the court of law (Miller, 2012).
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Goldman v. the United States
In this case, the court ruled that dictaphones did not breach the Fourth Amendment. The dictaphone was placed on the office wall to record private discussion. Such a ruling the court reported that there was no physical violation of the intercepted discussion(Miller, 2012). It is evident that the Fourth Amendment protected the individuals in this case as well as areas from unwarranted search and seizure.
Berger v. New York
In the Berger v. New York case, Mr. Berger was charged with the crime of bribing the Chairman of Liquor Authority of New York State. It began when Ralph Pansini complained to the District Attorney regarding the state of New York agents raiding his bar and seizing accounting records. Pansini alleges that the raid was due to his refusal to pay the license fee. As such, he uses are cording device to interview and record the views of workers about the actual license fee.
Katz v. the United States
In this case, Katz purchased a public phone booth and used it in transferring illegal betting wagers. Unfortunately, the FBI was monitoring his conversations using electronic eavesdropping tool fixed on the booth. Katz appealed to the court but, the pleas were rejected since there was no physical violation to booth regardless of various constitutional issues that were brought into perspective.
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Summarize the current status of wiretapping restrictions according to the reviewed cases above.
Based on the above situations, they have different views regarding the legitimacy to use wiretapping in the court. In Goldman and Olmstead cases were diluted by their views. However, the main issue is that whether the seizures and searches are constitutional and meet the required standards as stipulated by law. The government’s decision to not only listen but also record electronic data of petitioners is against their right to use the phone booth.
Alleging that electronic tools used in recording information did not violate the booth is not constitutional(Anderson, Schum and Twining, 2009). The administration is adamant stating that the officers acted in that manner as defensive approach while the investigationwas initiated after the suspect was confirmed to be using the alleged phone booth to disseminate betting content to individuals in Boston, Miami, and Los Angeles, which is a breach of the federal laws. In these cases, wiretapping used by government officers is solely used for security reasons and also restricted to data that violates federal laws.
How must evidence derived from wiretapping be packaged and preserved? Explain.
Evidence collected from wiretapping is relevant in the above cases. As such, it should package and preserve in large containers. But for crime related cases such as stained clothes, the evidence should be stored in plastic bags to prevent proof from being interfered with because it is likely to compromise with original proof. With regards to ammunition cases, evidence must preserve in dry areas so avoid rusting such as plastic equipment. Another important fact to put into account is the use of safes and access should be done by certain individuals (Miller, 2012).
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How does wiretapping evidence relate to the “fruit of the poisonous tree” doctrine? Explain.
Wiretapping involves the use of electronic tools are secretly fixed to record theconversation of unsuspecting individuals, which is used later as proof in the court(Miller, 2012). On the other hand, “fruit of the poisonoustree” doctrine evidence is not employed if obtained in a way that calls for pervasive searches. The “fruit of the poisonoustree” doctrine was instigated to avoid law enforcers from breaching the rights of people through unnecessary searches as well as seizures.
What is the likely outcome of your case in court if the originals are not located? Explain.
This may lead to the dismissal of such a case sincethe judicial system allows for the recording of any case as adequate proof. Moreover, the parties may not agree on the data that its originality is not located. In the court of law, the accused attorney determine the proof against their clients and in instances where the evidenceis not validated, they (attorney) can easily win the case (Anderson, Schum and Twining, 2009).
References
Allen, R. and A. Stein, (2013). “Evidence, Probability and the Burden of Proof”, Arizona Law Review, 55: 557–602.
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Testimonial and non-testimonial statements
Testimonial and non-testimonial statements: While the appellant did not attend the trial, she was able to transmit a photograph and some text, which in any case does not warrant to be used as evidence against the defendant. However, it was presented as evidence of the linkages between the appellant and her ex-husband. The scripture states that one person cannot be used as sufficient evidence to criminalize a person’s wrongdoing. Instead, Deuteronomy 19:15 asserts that at least two witnesses can provide sufficient evidence against a case in a court of law (Jonakait, 2005).
The defendant can dismiss the litigant’s claim asserting that presenting a photograph and text without affording him the opportunity to cross-examine the defendant violates his Sixth Amendment right to challenge the plaintiff as defined by the U.S. Supreme Court in Adrian Martell Davis v. Washington. In this circumstance, the court can dismiss the case arguing that the photograph and text cannot be used as testimony.
In short, the Confrontation Clause of the 6th Amendment does not approve non-testimonial statements and does not therefore qualify to be used as evidence at trial. The photograph and the text provided to 911 were intended to help the police determine an ongoing emergency, as opposed to being used as testimony to a past crime (Lininger, 2005).
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The bench can, therefore, uphold the view that under this backdrop, the content cannot act as testimony. While her not appearing at trial was warranted by the Sixth Amendment, the content was insufficient to prosecute the defendant because the motives may be crooked. The photograph and text were prohibited. The Adrian Martell Davis v. Washington altered hostility analysis. Its existing effect was immediate and substantial in the justice system on the evidence termed as irrelevant (Raeder, 2007).
Jonakait, R. N. (2005). ‘Witnesses’ in the Confrontation Clause: Crawford v. Washington, Noah Webster, and Compulsory Process. NYLS Legal Studies Research Paper, (05/06), 2.
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Rehabilitation of Prisoners
Prison like any other institution plays a correctional role in society. They offer correctional services to inmates to make them better members of the society. Prison is supposed to rehabilitate the inmate and ensure that they leave prison as corrected members of the society as law-abiding citizens. This is the role of prison and the reason prisons were set up.
However, rehabilitation of prisoners is the biggest burden that the society has experienced from history. Prison is a hard life for inmates since they are segregated from the society and forced to lead a life that they have never led before. Prison is not just buildings but is an institution with facilities that help the prisoner to change their lives and lead a normal life.
According to the Crime Museum (2015), rehabilitation should make the prisoner not to admire crime or anything that can lead them to prison. However shows that the time prisoners spend in prison does not help the inmates to change but rather they acquire new skills in crime.
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Lack of prisoners non-complying to the resources offered
Without proper rehabilitation strategy, the prisoners may be easily pushed back to crime due to the kind of life they lead while in prison. This has led to the increasing number of criminals with some prisoners being second or third offenders. To analysts, this only challenges the role that rehabilitation is playing to the general society.
Prisons of today are characterised by strict sentences limited resources and punishments that make prison life a nightmare to all the prisoners who live in. The prisoners face hard life in prison and adjusting back to society when they are released becomes almost impossible to them. To improve rehabilitation, many prisons are currently recruiting professionals in particular fields that can help improve the rehabilitation process (Crime Museum, 2010).
These professionals offer specific rehabilitation services to prisoners during their life in prison. However despite this many prisons are faced with rehabilitation challenges that appear when the prisoners are released. The challenges range from lack of Substance abuse recovery, lack of inmates none complying to the resources offered and lack of support system of individual prisoner when released back into society.
Lack of Substance Abuse Rehabilitation
According to the department of correctional services of South, Australia research has shown that use of appropriate programs that have effective methods that help to bring change in prisoners by changing their perception of society may lower the rate of crime in society. These services are called offense specific programs are offered to prisoners together with other interventions increase the rehabilitation rate of the prisoner. Further the departments suggest that the rehabilitation programs should be integrated with case related services to give a cohesive service to the prisoner.
Hammond (2013) argues that drug and substance abuse fight is the role of the criminal justice and public health. It is a battle between different factions of the society from those who are pro-imprisonment conservatives to progressive sentiments that insist on finding solutions that will provide a permanent solution to the menace. In America, this has been a fight between the conservative politicians and the Congress.
Substance abuse is one of the reasons why people get arrested or go to jail. Some people are either drug traffickers or they are either user of the same substances. When these people are detained and taken to prison, life becomes so unbearable to them since they are not like any other normal criminal. Apart from the disciplinary process that every prisoner goes through. There is a need to provide substance rehabilitation to prisoners who were on drugs before the arrest.
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According to WHO dependence on drugs is a disorder that can be treated effectively by governments. However many states have not made an effort to ensure that they put in place structures that can help rehabilitate people. For prisoners, it is worse since they a thrown in prison and left to survive on their own. This does not change the prisoner’s habits but rather drives them deeper into drugs. This is because the prison does not adequately rehabilitate the prisoners but rather they are released back to the society with the same substance abuse problem.
Many prisons lack rehabilitation services due to inadequate personnel to handle the prisoners. This makes the prison administration to appear to be doing nothing to address the issues (Siegel, 2011). Further the challenge of rehabilitating the prisoners are linked to the resource burden that it brings to society. Many countries fail to have appropriate rehabilitation programmes because of the cost of rehabilitation.
In US residential substance abuse treatment for state prisoner programmes have been established to help solve the substance abuse problem. The role is to help the governments’ agencies to come with up substance abuse strategies that are used in local facilities to help solve substance abuse. The services are supposed to extend further to community-based after care services that are used by the probation department. The approach is based on the module of “thinking for change” Which is a balanced curriculum that is integrated to provide solutions to social problems.
McNeill (2012) argues that due to the cost of substance rehab in prisons and the poor segregation of prisoners according to their needs the government can come up with community-based centres that can treat the addicts. Diverting the drug users to community centres rather than prison could reduce the rate of crime. The government can resort to different approaches to forming of cognitive groups that apply empirical approaches to problem solving.
Therefore, we need to treat the causes of substance abuse through the use of community interventions that can help to reduce the problem. Countries are supposed to develop a drug rehabilitation programme that is based on the government policy and strategic pans so that they fit in the national drug policy o the country
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Lack of prisoners non-complying to the resources offered
Some prisoners do not comply with the resources offered to them. A prison is a place where freedom and guaranteed right of the prisoner are denied while other restricted are injected into the life the prisoner. This is supposed to ensure that the individual accepts the mistakes they made and were ready to move on to a changed life. According to the United Nations, this should end up with a rehabilitated individual
Some prisoners fail to comply with the resources offered to them since they are victims of an inefficient justice system that is full of untrained officers who are extremely corrupt. This makes the prisoner feel uncomfortable making rehabilitation ineffective to them. In many instances, peoples have been incarcerated due to the mistakes of others. The prisoner ends up being mentally disturbed since they are suffering from the mistakes of another person (Fitzpatrick, 2011).
To such a prisoner life becomes so unbearable by realizing that their rights have been grabbed and replaced with new strict conditions that the prisoner has to adapt to. No amount of resources in a correction facility can make such an individual to comply.
Furthermore, many of the staff employed in the prison are underpaid by the government and end up extending their frustrations to the prisoners. Other staff may be poorly trained or lack specific training in prison management. The staffs are only trained in paramilitary and lack knowledge in prison management. This makes the managers incompetent and unable to run the prison guidelines.
This makes the prison difficult and the resources channelled by the government to these facilities to be wasted. Furthermore many governments have made no effort in training those employed in prisons on specific prison rehabilitation approaches.
Further, the prisoners are mistreated by officials who are supposed to help them to adjust to better members of the society. In many cases, abusive authorities will intimidate or abuse prisoners as a way of gaining control over them. Mostly these are occasioned by the lack of relevant tools and capacity by the police to investigate cases. The police, therefore, resort torture as the only way of ensuring that they get information from the prisoners.
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Lack of support system of individual prisoner when released back into society
Rehabilitation has also been ineffective due to lack of support system of an individual prisoner when released back into society. Life after prison is the worst nightmare that every prisoner thinks of before being released (Shapland & Bottoms, 2011). Despite the joy that comes with the freedom, the burden of life after prison haunts every prisoner. Some prisoners have been jailed for over thirty years and have spent all their adulthood in prison.
What happens when such an individual leaves prison? How or where does such a person start from in the outside world? Life becomes unbearable and pushes such an individual to extreme ends where they are left with very little options.
According to the United Nations prison management handbook Prison, life affects people and when they are released to the society they face so many problems. Majority suffers from not only psychological but also physical health due to the conditions that they have been exposed to while some of them abuse substances in prison.
On the other hand, some prisoners find it difficult to get employment and housing. Some of them will depend on relatives while others will live on the streets as beggars until they can find a job that can pay for accommodation. With this, many temptations can make the prisoner fall back to crime and find themselves in prison again. This has become the major reason there are many second offenders in prison.
The way the prisoner leaves the prison and settles into the society depends on how long they have been behind bars. Some have been in for long to the extent that when they come out the whole society has changed, and they have to learn life and new skills a fresh. This is disturbing since detention offers several factors to prisoners apart from just being a correctional facility. It helps them to practise restraint from drugs and thus part of rehabilitation.
Drug addiction for abuse offenders depends on how the life of a prisoner unfolds after their release from prison. When the prisoner is exposed to situations of drug related substances, then the person can easily fall back to drug addiction.
In many cases, prisoners are released into the society with no support centres that they can attach themselves as they try to settle in society. The prisoners are left to struggle for themselves and to find a way of integrating into the society. However, factors like employment, family support, stabilization of mental illness and financial stability help the individual to integrate easily into the society. These factors, therefore, focus on psychological, social and material support f the offender when out of prison.
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Recommendations
Governments and communities should develop effective ways of reintegrating these offenders into the society. The offenders need to find something constructive that they can do in their lives which make them desist from crime. The offenders need to find social groups that they can attach themselves to as they try to make their live meaningful. According to Peters (2011), these groups range from work, family and peer influences. Helping the individual understand influences that can make their life meaningful that makes them desist from crime and falling back.
Support groups will accept the individual and help the individual to feel appreciated and give a chance for a second life. Social and structural features of the community that the prisoners find themselves in after release affect each and every individual. In most cases the released offenders find themselves in towns or cities where the neighbourhood is concentrated with other released offenders may make the individual to fall back to crime.
However, the most important factor that makes people to either fall back to crime or stays off is the ability to get a source of income. The majority of the offenders who are in prison were engaged in an activity that was supposed to add an extra coin to their pocket. Thus, the financial hardship that the prisoner goes through may increase their chances of engaging in a similar crime or a different crime. From the above arguments the recommendations that the state needs to adopt is to develop adequate policies that ensure prison is made a correctional facility and not just an institution.
Many prisons need to be rehabilitated before they can be used to rehabilitate people. The government has to invest enough resources in prisons by training the staff and having adequate resources that can be used to segregate prisoners and deal with them according to their needs prisoners should be treated depending on the class or category of the crime committed. . Therefore, each case has to be treated as unique, and the individual assisted through the rehabilitation process.
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Further the society needs to be empowered to be able to combat crime and fight crime related elements through different groups. Support groups within the society reduce crime by providing a social association to the members of the society. Furthermore, the community needs to play a centre role in reintegrating and accepting released offenders into the society. Stigma and discrimination push crime gangs to regroup and commit further crimes.
Finally, the prison has to be like a second home to offender where they get to know their mistakes and accept to change. It is important for the staff who work in prisons to ensure that they help the prisoners to be able to accept change and desist crime. Desisting from crime is a psychological and exemplary process that the prisoner needs to be taken through and given time to change.
Conclusion
Government policy is the most important factor that can help in rehabilitating any criminal. The transition of an individual from the prison to the community is a process that the prisoner needs to be prepared in advance before they leave the society. The governments need to develop policies that give room for correctional centres to develop and support the prisoners morally as they prepare themselves for the outside world. People are jailed or imprisoned because the state has passed that law. Therefore, the state needs t have recommendations that will ensure prison is a correctional facility and not punishment centre.
On the other hand support centres need to exist in a society that focuses on preventing crime and delinquency among the citizens. The role of fighting crime should not a state issue but rather a community problem. The communities need to be empowered and have appropriate support centres that can take people who have committed a minor crime on parole or probation. When the offenders are doing community work, they need to be supported and taken through therapy that will help them realise the need to desist from crime (Ekunwe, Jones & Mullin, 2010).
When the whole community fights crimes, then prison will not be relevant to the offenders since crime will be reduced. However the need to empower the community with alternatives to livelihood will contribute to reducing poverty among the members and decrease the rate of crime proportionally. Poverty is the biggest problem affecting many people. Hardcore criminals engage in crime to make a living and not to terrorize the society. What happens to these people when they leave prison and stay in the society determines the kind of person they become in future?
Furthermore, some criminal activities have been characterized as inborn and thus passed down from generation to generation. What support is given to the family both moral and psychological to ensure the young ones in the family do not pick up those traits? The family of the offender is left desperate in trying t find an alternative to livelihood.
This may force them to engage in crime and thus the culture of crime revolving in the family. Therefore, the society has to support the offenders in ensuring that they can adapt and integrate into the society. Rehabilitation is not fighting crime but crime can be combated within the community and outside prison.
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The crime museum offers a variety services that range from rehabilitation to training of inmates. It’s a resource centre for training and correctional facilities to government
Ekunwe, I., Jones, R. S., & Mullin, K. (2010). Public attitudes toward crime and incarceration in Finland. Researcher: An Interdisciplinary Journal, 23(1), 1-21.
The researchers are scholars of criminology with a passion in crime related activities. The article focuses on how the public perceives crime and incarceration and whether people who have committed crimes can be integrated and taken back into the society. The research involved the prisoners and the public in determining their perception.
Fitzpatrick, C. (2011) what is the Difference between ‘Desistance’ and ‘Resilience’? Exploring the Relationship between Two Key Concepts. Youth Justice 11 (3)
The article analyses resistance and resilience as a way of rehabilitation by an individual. Each under rehabilitation is faced with the two choices and if the offender does not fall for any. Then the individual ends up falling back to crime or becoming a second offender.
Glaze, L.E.; and Herberman, E.J. Correctional Populations in the United States, 2012. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2013. Available at Office of National Drug Control Policy. Answers to frequently asked questions about marijuana. WhiteHouse.gov. Accessed 20 April 2014. Available at http://www.whitehouse.gov/ondcp/frequently-asked-questions-and-facts-about-marijuana#prison
The article is a government document from the department of justice the National Drug Control Policy office. The study entailed the study focussed mostly on marijuana and the questions that were asked by visitors to the website. The document is a research document on the use of marijuana and how it relates to crime within the country. Its main focus was on how the correction process of rehabilitating prisoners works and why some of them fall back to crime.
Lisa M. Hammond (2011) Drug War Policy and The Prison Industrial Complex
Hammond is a researcher and scholar of criminology. The document is based on the study of drug abuse in the society and how the policies that exist can be used to fight the problem. It focussed on how government policies are not effective in the drug war and why there is need to change and improve on the correctional laws.
McNeill, F. (2012) Four forms of ‘offender’ rehabilitation: Towards an interdisciplinary perspective. Legal and Criminological Psychology 17(1): 18–36.
The article studies the four types of offenses that criminal will engage in that can lead them to prison. These offenses characterise the level that the criminal is and will determine the kind of punishment that may be judged upon the offender. It shows how individuals get into crime and the level and magnitude of the offence they commit.
Peters, C. (2011) Social Work and Juvenile Probation: Historical Tensions and Contemporary Convergences. Social Work.
Peters writes on the role that professionals play in rehabilitation. The book looks at the history of crime and probation and the contemporary convergences that have developed since then. Since the onset of probation, many scholars have advanced different methodologies and therapies that can be used to correct juveniles and prisoners.
Siegel, L. (2011) Criminology. Theories, Patterns & Typologies. USA: Wadsworth.
These are theories of crime involvement on how people engage in criminal activities. The theories explain how the individual falls back to crime by lacking social and moral support from the society. Through lack of support, the criminal gangs regroup and start new criminal activities. Individuals also learn new crimes from their fellow inmates which they may practise when released.
Shapland, J., & Bottoms, A. (2011) Reflections on social values, offending and resistance among young adult recidivists. Punishment & Society 13(3): 256–282.
The article is about the social value in a society that supports the activities done by the young people. It looks at how punishment in society can help the young to avoid crime or continue with a crime. It highlights the pitfalls of society that contribute to crime and how these crimes can be tackled.
United Nations (2013) Prison Management Handbook. New York.
The handbook by the UN is a management guide that is a toolkit used internationally according to the UN standards. It shows the basics managing the prison and prisoners. Prison involves both the prisoners and the facilities within the institution. Each element in the prison plays a correctional role that helps in ensuring that the whole system runs.
United Nations (2010). Handbook for prison leaders. A basic training tool and curriculum for prison managers based on international standards and norms.
This is a tool kit for prison managers that can be used for training staff within the prison. It contains international standards and norms that are applied internationally and the way the prisons should be run.
Ekunwe, I., Jones, R. S., & Mullin, K. (2010). Public attitudes toward crime and incarceration in Finland. Researcher: An Interdisciplinary Journal, 23(1), 1-21.
Fitzpatrick, C. (2011) what is the Difference between ‘Desistance’ and ‘Resilience’? Exploring the Relationship between Two Key Concepts. Youth Justice 11 (3)
Glaze, L.E.; and Herberman, E.J. Correctional Populations in the United States, 2012. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2013. Available at Office of National Drug Control Policy. Answers to frequently asked questions about marijuana. WhiteHouse.gov. Accessed 20 April 2014. Available at http://www.whitehouse.gov/ondcp/frequently-asked-questions-and-facts-about-marijuana#prison
Lisa M. Hammond (2011) Drug War Policy and The Prison Industrial Complex
McNeill, F. (2012) Four forms of ‘offender’ rehabilitation: Towards an interdisciplinary perspective. Legal and Criminological Psychology 17(1): 18–36.
Peters, C. (2011) Social Work and Juvenile Probation: Historical Tensions and Contemporary Convergences. Social Work.
Siegel, L. (2011) Criminology. Theories, Patterns & Typologies. USA: Wadsworth.Shapland, J., & Bottoms, A. (2011) Reflections on social values, offending and desistance among young adult recidivists. Punishment & Society 13(3): 256–282.
United Nations (2013) Prison Management Hand book. New York.
United Nations (2010). Handbook for prison leaders. A basic training tool and curriculum for prison managers based on international standards and norms.
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Witnesses in the Criminal Justice System
Witnesses play a vital role in criminal cases as they narrate to the jury of the matters they know. In our constitution, they are required to make an oath that they are telling the truth (Kenny, 2014). The number of witnesses needed is at least two, but if one witness is comprehensive enough and prove beyond reasonable doubt, then their case can be taken. The bible does not support the use of one witness as indicated in 2 Corinthians 13:1 “This will be my third visit to you.
Every matter must be established by the testimony of two to three witnesses.” This is further supported by Hebrews 10:28 and Numbers 35:30, which states that one witness is not sufficient to convict a person- a leaf that the state and federal may need to borrow from the bible (Burnside, 2011).
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The issue of cross examination is vital in each case proceeding. The scriptures Proverbs 18:13 and Proverbs 18:18 support this concept as it argues that a person that makes decisions before hearing and examining it will result to folly and shame. Cross examination of a case is supported by the constitutions, where each case presented, witnesses and evidences are cross examined before a judgement is made. This is important as it helps prevent biased judgement (Burnside, 2011).
The physical evidence is also relied upon in our new system. This could be any material that reflects that the accused actually committed the crime. This is especially for capital cases as emphasised in the scriptures. For example, Deuteronomy 17:6-7 and Numbers 5:11-31, which indicates that whatever the cases, it must be related to the evidence which will ensure that execution is not done executed (Kenny, 2014).
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Reliability of Evidence
Question one
In legality terms, reliability has been used in evidence. The reliable evidence used is that one a lawyer or a judge find it to be credible to depend on upon when making an informed decision.
In terms of consistency, reliability is used evaluate or analyze the notch that various assessment on items do review same concept yield similar items. It is used to determine the correlation coefficient of similar items.
In terms of export testimony, reliability is used in a specialized way of wisdom that help the trier the fact to comprehend the evidence given in order to define a fact in subjects. In this context, the witness is the expert who has the knowledge, skill, well trained, experienced, and education may testify in form of an opinion freely, (Jardine, & Tsang, pg. 87, 2013).
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Question two
Countermeasure are non-violent acts which are often seemed illegal but when executed by one person to another, they become legal. One of the countermeasure is polygraph. Polygraph countermeasure are said to be ineffective since they are usually detected. The polygraph countermeasures are used because the antipolygraph.org proclaims that when used in closed doors, it becomes difficult for the polygraph to be detected easily, (Nelson, pg. 54, 2015).
Question three Bogus pipeline is a performance used by the social psychologists that help to minimize wrong answers when trying to assemble self-report information. The bogus pipeline is fake because it gets to convince the respondents that they are been witnessed and whatever they say will be questioned. They therefore proceeds by telling the truth about themselves, (Brunell, & Fisher, pg, 39, 2014).
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Palmatier, J. J., & Rovner, L. (2015). Credibility assessment: Preliminary Process Theory, the polygraph process, and construct validity. International Journal of Psychophysiology, 95(1), 3-13.
Robinson, C. (2012). Brake check technology: real time, all the time: electronic monitoring addresses the CVSA inspection standard. Bus Ride, 48(12).
