Typically, when there’s evidence discovered on a crime scene, it must go through proper policy and procedure. All of this begins at the crime scene when the evidence is being disposed of. Furthermore, the evidence needs to establish a chain of custody so that it can be used in trial to convict the accused. It all comes down to maintaining a proper chain of custody because in the end, it will either make you or break you. When chain of custody is done correctly, it is proof to the court that the evidence presented in front of them is the same evidence collected from the crime scene.
Rights such as the right to an attorney, the right to confront and cross examine witnesses, the right against self incrimination, the right to notice of the charges, the right to counsel in court proceedings, and the prosecution must provide proof beyond a reasonable doubt before a person can be convicted (Clarke 1). The right to attorney means that you have the right to go get a lawyer. The right to confront and cross examine witnesses is the sixth amendment and the right against self incrimination is the fifth amendment. The right to notice of the charges means the juvenile offender or adult offender has the right to be notified of what charges are being brought against them. The right to counsel in court proceedings means the person has the right to be represented by an attorney during the trial or adjudication hearing.The right to a miranda warning also takes place in both the juvenile and adult systems.
Therefore, I would have prepared in a similar fashion the expert witnesses for the trial. Forensics experts must be prepared before they testify. Additionally, expert witnesses must convince the judge or the jury that their testimony is truthful and that of sound science. It is critical that they are highly knowledgeable, organized, alert, composed, and ethical. Moreover, the expert when showing their knowledge must show that they are relevant, have command if the subject matter, and are knowledgeable about the state and jurisdictional laws relevant to the case and they must know how to demonstrate their evidence.
In addition, they are confronted with informed consent, competence, dual relationships, confidentiality, and social responsibility to their clients. For instance, “when psychologists are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset they clarify role expectations and the extent of confidentiality and thereafter as changes occur.” Moreover, specialty guidelines for forensic psychologists tackle areas of competence, relationships, confidentiality, and privilege, which correctional counseling is given limited attention. Furthermore, counselors are faced with maintaining confidentiality, informed consent, not facing boundary violations, getting informed consent, maintaining competence, and guarding with dual relationships with their
Fourth, a defendant should demonstrate an understanding of the potential consequences and legal actions that are likely to be imposed if or when he is charged with the crimes as accused. Fifth, the defendant should be able to disclose facts or relevant information relating
To me informed consent is the verbal and documented agreement of services between the therapist. researcher or other professional before services can be performed. There is many different things one can do in the field of forensic psychology one of those is acting as a case manager/mediator for the courts. This can be generated through a document and with the forensic psychologists in conjunction with what they have with their attorneys. Confidentiality relates to informed consent are related because they are both ethical conflicts.
The Mental Capacity Act 2005 (MCA) says certain people must think about the code of practice when they act or make decisions on the other person’s behalf. This includes: • an attorney appointed under a lasting power of attorney • a deputy appointed by the Court of Protection • an independent mental capacity
A jury trial is a privilege that we all have so that we are administered a fair and impartial trial; thus, it must be taken seriously. Depending on each state, when summoned for the jury selection process, and chosen to serve as members of the jury, we are required to take an oath or an affirmation. Additionally, the consideration of the circumstances that lead us to be a witness, should be prevalent in our minds. It is important that we listen to the entire case and determine if the offender, based on the facts given during the trial and not on personal biases, should be convicted. I think this is important because the future of one person is determined based on the testimony of the witnesses whom have sworn truthfulness.
The ideal judge is someone who is capable to thoroughly listen to an account whether criminal or civil, keep a level head throughout the testimony of events, and weigh the circumstances in order to reach a proper verdict. Today’s judges have ethical standard of which they have to comply with and are forced to learn how to regulate their emotions during trial. Also, if a decision of a judge is shown to be questionable or incorrect, it’s possible to have that decision to be changed when it is taken to a higher authority or court. However in the Crucible, justice was determined by the judge Hawthorne and the Deputy Governor Danforth and the law was the Bible. These two individuals were the central authority of the town and have no “check” when making decision, basically what they say goes.
Trial Prep: Notebook memorandum As a prosecutor or defense attorney, you will have testimony arise that could fall in the category of hearsay. To be prepared in advance, define hearsay and why it is important to testimony of certain witnesses. Then, break down the difference in 3 of the exceptions. HEARSAY Hearsay is defined in CRE 801 as "a statement, other than one made by the witness while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." CRE 802 bars the use of hearsay testimony, subject to certain exceptions discussed below.
I. Mr. Malloy Had a Duty to Disclose His Relationship to Mr. Dial The Smythes contractually agreed to settle any disputes regarding the accounts they had with Providence using arbitration, specifically following the standards of the FINRA. (AA:4) FINRA requires certain disclosures prior to appointing arbitrators. First the parties must give potential arbitrators information about the nature of the dispute, and identify the parties. (FINRA Rule 12405(a)) Then each potential arbitrator must make a reasonable effort to “learn of, and must disclose…any circumstances which might preclude the arbitrator from rendering an objective and impartial determination.” (FINRA Rule 12405(a)) This includes any relationship or circumstances involving members of the arbitrator’s family.
Janet: You asked me to conduct some legal research on the questions posed by Brian Malechuk from Katy ISD regarding IEE cost and protocols. My findings and recommendations are below. Can Katy ISD mandate that their IEE providers provide Katy ISD with the protocols utilized during the IEE process? Short Answer: For the most part, yes. Findings: In order to properly address Katy ISD’s question we must first establish what is a test protocol.
Where a public records request is made for citations, the specific, narrowly tailored rules regarding the redaction of those records under the LTCA will apply over a more general confidentiality provision. Confusion and incorrect application of the law can easily occur where, as here, one law trumps another under specific facts. It is important that care facilities obtain experienced and knowledgeable legal counsel to ensure it complies with all legal
Providing them with national training resources, techniques in addressing victims, visible signs to look for and key questions to ask during the interview. Our desire is to help them secure any evidence collected which can be utilized in the eventual prosecution of the