Its demerits is that the accused does not help the police during investigations hence the prosecutor has the mandate to look for evidence to submit in the court hence the police must work on his own strength against the accused. Too much insistence upon procedure some time may lead to acquittal of the accused and impunity on the offence. The judge in the court as an umpire is a misleading conception since one only judges according to the evidence submitted in court.
Courts have determined that police are allotted broad discretion as to the techniques and tactics they are allowed to engage in when interrogating a suspect, with the exception of threats of violence and promises of leniency. However, an increasingly prevalent problem arises that the courts have yet to respond to by consensus, and that is the problem of when non-public details that become a part of a suspect’s confession originate from the interrogating detectives and not the suspect themselves. The current system fails to apply important developments in the management of errors and quality control that results in miscarriages of justice. Wrongful convictions remains one of the most serious miscarriages of justice, violating the most fundamental
Recent world events had lead to an increase interest in security that will impel biometrics into majority use. Areas of future use contain Internet transactions, workstation and network access, telephone transactions and in travel and tourism. There have different types of biometrics: Some are old or others are latest technology. The most recognized biometric technologies are fingerprinting, retinal scanning,hand geometry, signature verification, voice recognition, iris scanning and facial
Eyewitnesses rely not only on their memory but also on their decision making abilities when deciding which information to report or when making lineup identifications. Hence, it is only logical that we consider chronotype in eyewitness testimony. Yet, to date there is only one study9 examining the effect of chronotype in the legal system. Though this study addresses the issue of the increased propensity of false confessions under conditions of chronotype asynchrony, the findings argue for further research between the fields of legal psychology and chronobiology. Objective The current project sets out to investigate the effects of chronotype on eyewitness testimony.
Judges call upon the reasonable person to assess the conduct of the defendants in a court case. If a court is faced with cases that have the core, namely actus reus and mens rea, of criminal behaviour present - as it is the case with intentional acts of murder, assault, rape or theft - the reasonable person standard is not a requirement because the criminal conduct constituted prima facie wrongdoing. By definition, prima facie means that something is “sufficient to establish a fact unless disproved” (Cornell Law School, n.d.). But how must a person act to avoid judgement that they have wronged another person? The law in the United Kingdom’s criminal law system states that one must act like a reasonable person would, namely as an ordinary citizen who acts according to community behavior and rules (Mullender, 2003).
Introduction As there are many events in field of computer security , few of them are satisfiable while some are worthwhile just like a successful courtroom experience. Investigating a computer security incident leads to a legal proceeding such as court proceeding, where the digital evidence and documents obtained are likely used as exhibits in the trial. There are specific and special rules existing for ensuring that the evidence which are likely used as exhibits are genuine and exactly the same what they want to be or appear to be. So your collection , handling and storage of electronic media, paper documents, equipment and any other physical evidence can be challenged during adverse civil or criminal proceedings by an adversary. To meet
Due process is the fair treatment of the judicial system by the Fifth, Sixth, and Fourteenth Amendments. This is the constitutional guarantee that one will be given the opportunity to be heard before they are deprived of their life and (discharge from all restraints or obligations unless convicted). (Schmalleger 631-632) And also guaranteed that the law will not be unfair in anyway and that the government will not in any way deprive any person(s) of their constitutional rights. The reason that due process is so important in the American criminal justice system is because it is a social justice a belief of right and wrong. Due process is based on the 5th, 6th and 14th Amendments, the constitutional amendments are to make sure that a person cannot be accused of a crime without a grand jury investigation, they have the right to an attorney and a person should not be deprived of life.
An example of an architect who was interested in the effects of the industrial revolution was Mies van der Rohe. He knew how to take advantage of the benefits that came with the Industrial Revolution. Today we are witnesses that the idea of architectural project is not the same as it was during the Renaissance, the Baroque or even 20 years ago. We are now in the Digital Age where architects, we find a new way to represent, express, generate and construct buildings through digital information. By using processes and techniques identical to those employed in the industry and this is the most important aspect of the Digital Architecture.
However, in the Postscipt of his book, the Concept of Law, he says that the need for certainty is not a requisite condition. Apart from the argument on uncertainty and generality, he discusses the issue of legality briefly. He said that “plainly these features of control by rule are closely related to the requirements of justice which lawyers term principles of legality." He ended the discussion on what principles of legality might mean. He now had developed a new interest which was to crush any
As far back as 2001 when the first “Digital Forensics Workshop” was held and a case for standards was made, considerable progress has been made in ensuring the growth and expansion of the practice of computer forensics. Mason (2003) suggested the need for standards by which digital forensic practitioners ensure that evidences for prosecuting cases in the law courts are valid as more judgments from a growing number of cases were reliant on the use of electronic and digital evidences in proving the cases. XXXX (2005 & 2007) emphasized the dynamic nature of technology and its impact on the digital forensics field. Hence, the need for having early standards in regulating the
With widespread use of internet services, the network scale is expanding on daily basis and as the network scale increases so will the scale of security threats which can be applied to system connected to the network. Viruses and Intrusions are amongst most common threats that affects computer systems. Virus attacks can be controlled by proper antivirus installation and by keeping the antivirus up to date. Whereas any unauthorized access in the computer system by an intruder can be termed as Intrusion and controlled by IDS. Intruders can be grouped into two major categories which are external and internal Intruders.
Protegga states that anti-forensic tools, such as Evidence Eliminator, are used to interfere with the digital forensic tools used to recover data. The investigative process of examination or analysis is the important piece of electronic discovery as the recovery of the electronic data is a portion of that process. The anti-forensic tools concentrate on outsmarting the tools used by the digital forensic investigators but do not concentrate on outsmarting the digital forensic investigators