Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
There may be instances where the lay person's testimony would be difficult to understand for any number of reasons, but the opinion would help to clarify the testimony for the court. The opinion must therefore be directly related to the case. Superf Continue Reading...
Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficien Continue Reading...
Federal Grand Jury The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the fed Continue Reading...
Mirfield 356) The purpose of the exclusionary rule is to afford the defendant all his or her rights of privacy and to maintain fair proceedings in the gathering of evidence. Unlawful search and seizure is a serious offence, committed by investigat Continue Reading...
Disadvantages of fMRI lshani Ganguli (2007), Harvard University, asserts in the article, "Watching the Brain Lie," that fMRI lie detection does not yet merit a place in the courtroom or elsewhere. Kanwisher stresses: "No published studies come eve Continue Reading...
Crime Scene Evidence Laying the Foundation for Crime Scene Evidence In recent decades, significant advances in forensic technology and communications have revolutionized the art of collecting, sharing and using evidence to prosecute and convict acc Continue Reading...
Forensics and Digital Evidence Forensics is a discipline which uses standardized techniques to pull apart an event, analyze what happened, and find a more accurate conclusion to the data analysis than just witness testimony. For centuries, lacking e Continue Reading...
Fingerprint Evidence Are Fingerprint Identifications Such that Can be Considered Valid Evidence Fingerprint identification is a means of personal identification that is infallible and this is the reason that fingerprints have replaced other methods Continue Reading...
evidence is widely used in today's courts and legal systems. There are a wide number of examples of demonstrative evidence. Essentially, it is all evidence that represents an object or person. Rather than the real object itself, demonstrative eviden Continue Reading...
Evidence The Three Types of Evidence Within the Federal Rules of Evidence, there are two specific types -- direct evidence and circumstantial evidence (Unit 2, n.d.). In both of these two groups, there are three types of evidence which will be dis Continue Reading...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to Continue Reading...
She had been struck several times in the head with a Toney Penna golf club -- so ferociously that the club had shattered into multiple pieces -- and then stabbed in the neck with the broken shaft the club's handle and part of the shaft had vanished. Continue Reading...
This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as Continue Reading...
Benchmarking Keyloggers for Gathering Digital Evidence on Personal Computers Keyloggers refers to the hardware or software programs, which examine keyboard and mouse activity on a computer in a secretive manner so that the owner of the computer is n Continue Reading...
DAUBERT The case mentions that petitioners, plus two small minor children and their parents, made the allegation in their suit that was against respondent that the children's very serious birth deficiencies were basically caused because the mothers' Continue Reading...
Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. Willi Continue Reading...
Federal Tort Claims Act Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with Continue Reading...
These steps have been reiterated within the effectual conditions in the market. The marketing techniques used normally relate to the essential features of reflecting the best approaches of work within the government. This happens as done in the Unit Continue Reading...
Federal Taxation One of the important procedures involved in Federal taxation is the apprehension of those persons and firms and trusts and others who evade tax payment and thereby break the law. This means that these entities may either conceal fac Continue Reading...
PPSPA bills would have enabled federal regulation to perform this more efficiently than present regulation efforts exerted by the States and the Accreditation Council for Graduate Medical Education or ACGME. Restrictions to the ACGME self-regulation Continue Reading...
Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various Continue Reading...
The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies Continue Reading...
The federal statutes with respect to witness testimony are the most extensive of the three measured. In some instances, the state statutes are based on older versions of the federal statute, which explains the omissions of some clauses. North Carol Continue Reading...
This should not have been the view that the nation held especially in light of the 1993 attack on the World Trade Towers, the attacks on the Khobar Towers in Saudi Arabia in 1996 and the 2000 attack on the U.S.S. Cole in Yemen. Each of the attacks h Continue Reading...
Marijuana as a Medical Option In my opinion, a federal rule that bars doctors from easing severely-ill patients' pain through marijuana administration/prescription is an appalling, unwise, and heavy-handed one. Federal lawmakers must revoke thei Continue Reading...
The Army XXI program for major military transformations has been in progress since 2004 (U.S. Department of State 2009). Last year's goals were consolidation and improvement of quality. The parliament approved Development Stage 08/11 for military r Continue Reading...
It is essential for the population to become aware of the dangers brought by owning and using firearms and contribute to policies that can better regulate this aspect. It is not about taking away a constitutional freedom; it is about creating a safe Continue Reading...
30 and 0.50 g-hp-hr for the same factors respectively. The actions taken by the EPA in this regard is justified given the fact that greenhouse gases account for 90 to 99% chance of global warming. Some of the prominent greenhouse gases that contribu Continue Reading...
Equal Employment Act Federal laws have been passed in order to provide protection for American citizens from discrimination in a number of different instances. This paper will review the Age Discrimination in Employment Act of 1967, the Pregnancy Di Continue Reading...
forensic science considered a historical science? In your opinion, does this make it inferior to non-historical sciences (i.e. experimental sciences)? Why or why not? Forensic science is considered a historical science because the theories and assu Continue Reading...
Employee Compensation Deduction Tax Research Memorandum Mr. Jones, President From: Tax Accountant, CPA Tax Treatment of Employee Compensation in Business Deductions Facts Mr. Jones is the President of a corporation owned by him and members of h Continue Reading...
Trial Preparation The Best Evidence Rule and Why it Was Implemented into the Court System The best evidence rule in basic terms is an ancient legal rule that requires the originals, rather than copies, of documents to be presented as evidence durin Continue Reading...
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendm Continue Reading...
exhibit at issue is the testimony of the police officer. A police officer testified that he recovered $350.00 in the apartment. The cash was in a closet, and was accompanied by a toy gun that closely resembled a handgun. Relevant factors: Police f Continue Reading...
Courtroom Psychology This assessment addresses forensic psychological assessment. This question addresses some of the differences in forensic psychological work and clinical work. Most forensic psychologists are clinical psychologists who specialize Continue Reading...
legal issues faced by expert witnesses and the impact the Frye test has on scientific evidence proffered at trial. This essay also covers the decision that was reached by the courts concerning the fate of expert witness and expert testimony and some Continue Reading...
The limitations of attorney-client privilege are outlined. The main rule, 501, places the rules of privilege within the bounds of common law, giving the courts some power over these rules. Spousal privilege is extended, but not in cases of crimes ag Continue Reading...
