...The best confirmation principle is essentially precisely what it sounds like: a standard of proof requiring the "best" proof of something be conceded at trial or amid a hearing. Much of the time, this implies the first of a report or protest (or a certainly precise duplicate) must be the one utilized as a part of court, unless it has been lost or devastated. The best proof principle influences both genuine confirmation, or physical proof, and narrative proof, or recordings of data utilized as proof. In both cases, the "genuine article" – a damaged item in an items obligation case or the first recording from a security camera, for instance – is by and large favored over a duplicate of narrative proof or a photo, graph, or model of genuine confirmation. The best confirmation guideline has been a piece of U.S. law since pioneer times. In the eighteenth century, a British court portrayed the guideline as notwithstanding all proof unless it might have been "the best that the way of the case will permit." Before the time of solid printers and move and customize record sharing, the best confirmation principle diminished the quantity of mistake ridden duplicates or out and out phonies in court by requiring that the first report, not a duplicate manually written by an assistant, be utilized as a part of court. Before the liberal standards of disclosure onset and the current procedure of electronic duplicating, the best confirmation principle was intended to prepare for deficient or deceitful...
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...The question requires one to discuss as to what extent has the “Presumption of Innocence” as articulated by Viscount Sankey in the landmark case of Woolmington v DPP [1935] , has changed in light of Human Rights Act [HRA] 1998. Woolmington v DPP, a case which reached the House of Lords [ HOL] was where the Presumption of Innocence was first articulated # . In delivering his judgement for a unanimous Court, Viscount Sankey made his famous "Golden thread’ decision . ‘Throughout the web of the English Criminal Law a single golden thread is always visible, that it is the duty of the prosecution to prove that the accused is guilty subject to... any statutory exception and the defence of insanity . If, at the end of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the defence... the prosecution has not made out the case and the accused is entitled to an acquittal. No matter what the charge is , the principle that the prosecution must prove the guilt of the accused is part of the common law of England and no attempt to whittle it down can be entertained .#...
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...Innocence at Stake: Possibility of DNA Collection from Arrestees in Canada Md Washim Ahmed ABSTRACT Followed by a decision of the Supreme Court of the United States, which approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of...
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...Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. ( 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system. T wo models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process. Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of the tensions between competing claims. I call...
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...Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system. T wo models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process. Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of the tensions between competing claims. I call these two...
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...legislation and c u s t o m a r y law shall be maintained, except for any that contravene this Law, and subject to any a m e n d m e n t by the legislature of the Hong Kong Special Administrative Region.' The fact that the laws previously in force, including the common law, are subject to a m e n d m e n t by the legislature is a reflection of the general principle referred to above. However, there are restrictions on that power of amendment. In particular, Article 11 of the Basic Law provides that 'No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law'. How does this help to preserve our common law system? It does so in two ways. Firstly, many of the core values of the common law - the presumption of innocence, freedoms of expression and association, the right to a fair trial and so on - are guaranteed by the International Covenant on Civil and Political Rights, which is entrenched by Article 39. As a result, no law can be enacted that restricts the rights and freedoms enjoyed by Hong Kong residents in a way that contravenes that...
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...Lonestar College CRIJ1310 Fall 2014 Exam 1 Name________________________________________________________________ 1. An example of a non-criminal wrong is a ___. a. tort b. crime c. violation d. penal act 2. When a ___ occurs, the State brings the action against a defendant. a. tort b. crime c. violation d. penal act 3. ___ crimes are acts that are inherently wrong or evil. a. mala in se b. mala prohibita c. felonies d. misdemeanors 4. ___ crimes are offenses that are criminal only because there is a statute or ordinance that says it is. a. mala in se b. mala prohibita c. felonies d. misdemeanors 5. ___ are crimes punishable by death or confinement for a specific period of time or more (usually one year) and fine. a. mala in se b. mala prohibita c. felonies d. misdemeanors 6. ___ are crimes that are punishable by a fine and or confinement in local jail (generally up to one year). a. mala in se b. mala prohibita c. felonies d. misdemeanors 7. Sources f criminal law include all but, ___. a. codes b. common law c. city ordinances d. public opinion 8. ___ is defined as inflicting pain or other unpleasant consequence on another person a. punishment b. incarceration c. retribution d. deterrence 9. Criminal Punishment criteria includes all but, ___. a. inflicting pain or other unpleasant consequence b. prescribing a punishment in the same law defining the crime c. intentional administration ...
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...1. What is Computer Forensics? System forensics is the process of systematically examining computer media as well as network components, software, and memory for evidence. System forensics involves collecting, preserving, analyzing, and documenting evidence to reconstruct user activities. Appropriately collected evidence is often presented in court to solve criminal cases and prosecute criminals. 2. How has technology improved the way criminal investigators perform their job? Technology improved the way criminal investigators perform their jobs by making it easier to track things, there is different types of software out there today to help them with these issues, and make the jobs easier, when you have different technology to help. 3. Why would a company report or not report a compromise case? The reason a company may or may not report a compromise because if it’s not in their favor and they may report it if it’s in their favor and vice versa. They wouldn’t want to look incompetent. 4. Who is in charge of labeling and securing sensitive information? The one in charge of labeling and securing sensitive information is the forensic specialist. 5. What is the Daubert standard? The Daubert Standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. 6. Why would someone use a hex editor in a forensic investigation? The reason someone would use a hex editor in a forensic investigation...
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...Proof of acts * How do we prove things * Presumptions in law are set in hundreds of years of legal precedents * The party that has the burden of overcoming the presumption of that law has the burden of proof * At common law over the course of 300 years, three burdens of proof evolve. * The Default Position: * When in doubt, this is the burden of proof * Preponderance of the evidence * More likely than not * Whoever has the burden of proof, has the obligation to present anything over 50% * Ex: * Two people suing each other in a car accident * Person files compliant, other files counter, both have the burden * Have to prove the other ran the red light * Joint whiteness says that the traffic signal was working so someone did run the light * Person A has 17 witnesses that says B ran the light * B has 3 witnesses * From a quantitative basis, there is no question here * A has proven that he has the greater weight * B has someone that doesn’t know either party * Evidence is the default burden of proof * If a jury decides the evidence is even, whoever has the burden of proof loses. * Common law begins to realize that in some situations for a variety of reasons, there is a difference in the qualitative nature in the presumptions of law. * Criminal cases * The government...
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...formal admissions. (2) PRESUMPTIONS (A) In general Presumptions are inferences or positions established by law. They are conclusions which may or must be drawn until the contrary is proved. Several reasons have been proffered. Notable amongst these reasons are that the use of presumption accords with the preponderance of probabilities, saves time at the trial, solves a problem where ordinary rules result in an impasse as in the commorientes rule (discussed later), and operates to promote convenience. For example, absence unheard of which leads to a presumption of death enables the affairs of property to be wound up within a reasonable time. Presumptions are categorised as (i) particular presumptions, (ii) irrebuttable presumptions, and (iii) rebuttable presumptions. (B) Particular Presumptions (a) Presumption of regularity . This is expressed by the Latin maxim: Omnia praesumuntur rite esse acta [All acts are presumed to have been done rightly]. The presumption of regularity applies to acts of an official or judicial character. For example, in Berryman v Wise , it was held that an attorney need not prove by his certificate or by a roll of attorneys that he was an attorney. Proof that he acted as such was held sufficient. Again, in R v Roberts it was held that the presumption applied to a deputy judge of county court and in Dillon v R that it applied to a policeman. (b) Presumption of innocence . The presumption of law as to innocence not only applies to criminal...
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...The first breath that is taken upon birth is a privilege of an enduring life. We are given the right to live as a human to the best way possible. No individual has a concession of taking a life away at their own pleasure. Despite of ones actions, under the modern practice in America one is innocent until proven guilty and to a public trial in defense under the presumption law. A fair trial consists of crucial evidence and to be proven beyond the unreasonable doubt of why an individual would be indicted. The presumption of innocence is essential in a fair trial given to an individual. Osama Bin Laden was a faulty evil leader who has only influenced and articulated individuals to wrong doing to others. Whether Osama was a murder, a corrupted politician, or a leader to those who followed him he deserved a fair trial once captured. Osama bin Laden was the mastermind and claimed responsibility of the thousands of lives lost throughout decades from various countries around the world. America lost over two thousands lives and mentally and emotionally ruined many others due to Osama’s leadership. When Osama was captured on May 1st of 2011, he was shot to death in Pakistan. His body was later given a sea burial. By him being shot to death the rights to live and the right to a fair trial was taken from him by his predators. If Osama was not equipped with a harmful weapon of any kind he should have been saved and tried for a fair trial under the international court. If Osama was equipped...
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...JOSEPH EJERCITO ESTRADA v SANDIGANBAYAN Joseph Ejercito Estrada, petitioner, vs Sandiganbayan (Third Division) and PEOPLE OF THE PHILIPPINES, respondents. G.R. No. 148560. November 19, 2001 BELLOSILLO, J.: Facts Joseph Estrada was accused that during the period from June 1998 to January 2001, by himself and/or in connivance/conspiracy with his co-accused, who are members of his family, relatives by affinity or consanguinity, business associates, subordinates and/or other persons, by taking undue advantage of his official position, authority, relationship, connection or influence, did then and there willfully, unlawfully and criminally amass, accumulate and acquire by himself directly/indirectly, ill-gotten wealth in the aggregate amount or total value of P4,097,804,173.17, more or less, thereby unjustly enriching himself or themselves at the expense and to the damage of the Filipino people and the republic of the Philippines through any or combination or a series of overt or criminal acts, or similar schemes or means. Respectively or a total of more or less (P1,847,578,057.50); and by collecting or receiving, directly or indirectly, by himself and/or in connivance with John Does & Jane Does, commissions or percentages by reason of said purchases of shares of stock in the amount of P189,700,000.00 more or less, from Belle Corporation which became part of the Deposit in the equitable Bank under the account name of ‘Jose Velarde’. Petitioner wishes to impress upon the...
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...Herbert Packer, one of the leading scholar in criminal law and a law professor at Stanford University, introduced his two models, the crime control model and the due process model, of criminal process in 1964 to understand the administration of criminal justice. Packer’s conceptualization of these models of criminal process has been regarded as one of the most important contributions in the administration of criminal law. It has been argued that the academic fascination of these models has not only influenced the thinking on the idea of criminal justice system but also yielded an amazing thread of scholarship involving a variety of academic disciplines, linking various topics, offering interesting insights on many criminal justice institutions and phenomena, and spanning more than four decades. These models represent and highlight the very conflict / contradiction between the two competing value systems that generally operate within the process of criminal justice. In this regard, Packer notes that these “two models of the criminal process let us perceive the normative antinomy at the heart of criminal law that represent an attempt to abstract two separate values systems that compete for priority in the operation of the criminal process .“(Packer, 1964) In order to attempt the above questions, I think it is important first to define briefly the concepts of Crime Control Model, Due Process Model, Adversarial system and Inquisitorial system. Crime Control Model According to...
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...prison on December 2nd 1999, during an asthma attack. He was later cleared by DNA evidence. * Kerry Max Cook- He lost 22 years of his life. Two decades on death row, was released due to DNA evidence in 1999. * Earl Washington- He lost 10 years of his life. On death row, later cleared by DNA evidence in 1999. These are just 4 out of 100 people that are wrongfully convicted of a crime. We are set out to believe that the Justice System is fair. What if we are wrong! What is fair of taking years of someone’s life? Especially someone that is innocent… In the U.S., as of September 2011, 273 people including 17 death row inmates, have been exonerated by use of DNA tests. The increasing use of DNA testing to help confirm the innocence or guilt in capital cases is one among many reforms that will help ensure that innocent people are not...
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...of human right has many dimensions and one of such dimensions finds in the trial by media. In India trial by media has assumed significant proportions. There are many cases in India where media showed its importance by continuously highlighting it, such as Priyadarshnimatto case, Nitishkatra murder case, Bijaljoshi rape case, Aarushitalwar case, Jessica case etc. Media has now reincarnated itself into a “public court” (jantaadalat). It use to watch out injustice, which has conducted the trial of an accused and passed the own verdict even before the pronouncement of judgment by the court. By this way, it prejudice the public and sometime even judges and as a result it violates the basic principle of criminal jurisprudence i.e.; ‘’presumption of innocence until proven guilty and guilty beyond reasonable doubt’’. This paper focuses on the rights of accused such as his right to fair trial, right to privacy and right to dignity, which are a violation of basic human rights guaranteed not only under Indian constitution, but also by many international organizations. Media trial along with revolutionary sting operations is an appreciable effort which helps government more accountable. But it must be done without violating basic...
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