...WATCH REPORT (This sample report is based upon several real cases, but the names, dates and many details are fictitious) COURT WATCH REPORT 1) Student Name: Sally Student 2) CRJ 105 - Prof. Cable – Section # CC1 3) Date Turned In: November 13, 2008 4) Date/Time of Observation: October 2, 2008 from 2:00-4:00 pm. 5) Court: Monroe County Court 6) Case Name: People v. David Defendant 7) Presiding Judge: Hon. Gerald Judge 8) Assistant District Attorney: Pamela Prosecutor 9) Defense Attorney: Larry Litigator 10) Charges: Criminal possession of a weapon in the second degree (two counts) Criminal possession of a weapon in the third degree (four counts) Attempted criminal possession of a weapon third degree (one count) Criminal possession of a weapon in the fourth degree (two counts) 11) Proceeding Observed: Jury trial CRJ 105-CC1 Sally Student Court Watch Report – p. 2 1) Describe the type of proceedings that you observed. Be as specific as possible. I observed the direct examination and cross examination of the prosecution’s last witness, Investigator Sam Malone of the Rochester Police Department. Investigator Malone testified about his interview of the defendant and the statement that Mr. Defendant gave regarding the offenses in question. I also observed defense counsel’s motion for a trial order of dismissal and a discussion among the judge and the attorneys regarding the instructions to be given to the jury before they deliberated. 2) Describe the courtroom environment...
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...of a suspect by a witness may have been influenced. The influence could be any number of factors including police behavior, level of stress during the event, lighting and length of time between the event and the identification. If the evidence is admitted, the jury must be given an explanation giving details of the factors that could contribute to misidentification. Two articles discuss this decision, “Court Raises Bar for IDs by Witnesses” written by Caitlin Dineen for The Press of Atlantic City (October 8, 2011) and “In New Jersey, Rules Are Changed on Witness IDs” by Benjamin Weiser for The New York Times (August 24, 2011), and offer interesting viewpoints on the issue. This paper will discuss those viewpoints. The Press of Atlantic City article did not go into extensive detail as to what the new ruling entailed, instead, it chose to interview local attorneys to get their views. James Leonard Jr. states, “I think it’s going to be a valuable tool for defense attorneys.” While on the surface this new guideline would appear to make prosecution more difficult, Ocean County executive assistant prosecutor Michael Paulhus states that, “It gives both sides an opportunity to address a critical factor in their case…. Anything that’s well-grounded, as this appears to be, enhances the confidence of the eyewitness identification.” Attorney Leonard agrees, thinking that the ruling would not unfairly favor either the defense or the prosecution, that it would benefit both sides...
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...introduce prejudice into the legal system and form impressions of defendants in criminal cases; which may contradict a fair trial (MacLin & Herrera, 2006). They are perceptual representations that are perceived for members of a group and include the evaluation of that particular group e.g. their behavior and attributes (MacLin & Herrera, 2006). Recognising stereotypes and understanding how they create bias, has significant effects in the criminal justice system. It is desired to maximize the amount of correct decisions jurors render, For this reason, stereotyping is important to study in a jury setting. It is also imperative to study defendant gender and crime type, as a relationship between the two may influence jurors’ verdict decisions. Gordon, Bindrim, McNicholas and Walden (1988) conducted a study to determine the effect of defendant race and type of crime on juror verdicts. The independent variable was the type of crime (burglary or embezzlement) and defendant race (black or white), while the dependent variable was the recommended jail sentence. Crime descriptions that varied in crime type and defendant race where given to an equal number of black and white students to assess. Based on this, participants determined the defendant’s jail sentence and bail amount. The severity of the crime and the probability of the defendant repeating the crime were also scaled. The studies hypothesis was supported as the white embezzler received longer jail sentences in comparison...
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...In colloquial speech, bullying is most often used to describe a form of harassment associated with being performed by a child who is older, stronger, or otherwise more powerful socially, upon weaker peers. Bullying can occur in situations including in school or college/university, the workplace, by neighbours, and between countries. Whatever the situation the power structure is typically evident between the bully and victim. It seems to those outside the relationship that the bully's power depends only upon the perception of the victim, with the victim being too intimidated to put up effective resistance. However the victim usually has just cause to be afraid of the bully due to the threat and actually carrying out of physical/sexual violence, or loss of livelihood. Bullying is behind most claims of discrimination in the workplace. Types of bullying Bullying is when someone repeatedly acts or says things to have power over another person. Bullies mainly use a combination of intimidation and humiliation to torment others. The following is some examples of bullying techniques: * Calling the victim names and stating the victim is useless at whatever they do * Spreading gossip and rumours about him/her * Threats of job loss and disciplinary action for unspecified reasons * Constant negative criticism for unspecified allegations * Taking the victim's possessions or taking control of the victim's work * Demoting the victim * Making the victim do what they do not want...
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...01 Technical risk management relevanT To acca QUalificaTion PaPer P4 The management of risk is a key area within a number of ACCA papers, and exam questions related to this area are common. It is vital that students are able to apply risk management techniques, such as using derivative instruments to hedge against risk, and offer advice and recommendations as required by the scenario in the question. It is also equally important that students understand why corporations manage risk in theory and in practice, because risk management costs money but does it actually add more value to a corporation? This article explores the circumstances where the management of risk may lead to an increase in the value of a corporation. Risk, in this context, refers to the volatility of returns (both positive and negative) that can be quantified through statistical measures such as probabilities, standard deviations and correlations between different returns. Its management is about decisions made to change the volatility of returns a corporation is exposed to, for example changing a company’s exposure to floating interest rates by swapping them to fixed rates for a fee. Since business is about generating higher returns by undertaking risky projects, important management decisions revolve around which projects to undertake, how they should be financed and whether the volatility of a project’s returns (its risk) should be managed. The volatility of returns of a project should be managed if...
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...The Case for Mandatory Voting in Canada by Senator Mac Harb The decline in voter turnout over the last several elections is of great concern to everyone interested in politics and parliamentary government. Many ideas have been put forth about how to address this problem including a recent Bill that would provide for a system of compulsory voting similar to that used in several other countries. The following article is based on the speech at second reading by the sponsor of Bill S-22. O ur democracy depends upon the active participation of its citizens, and, while voting is o n l y o n e e l e me n t o f p o l i ti c a l engagement, it remains the very foundation of our democracy. Reinforcing this foundation is the goal of Bill S-22, which will establish mandatory voting in Canada. This legislation is a direct response to a rising electoral crisis. Voter turnout has been on the decline in Canada since the 1960s, reaching a record low of just 60.9 per cent in the 2004 election. Other Western democracies are also experiencing the same dramatic drop. Only 55.3 per cent of Americans voted in the 2004 presidential election, and the 2001 British general election recorded a turnout of just 57.6 per cent. Only one in four Canadians under the age of 25 bothered to vote in the last election. Research shows that these young people, as they age, may not re-engage in the system as their parents and grandparents did. Canadian researchers tell us that this generational...
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...Street Law for Youth Courts © 2006 A JURY OF YOUR PEERS: WHAT IS THE ROLE OF DIVERSITY IN JURIES? OUTCOMES As a result of this lesson, students will be able to: Identify the skills, experiences and values essential for ideal jurors Explain the popular concept of “a jury of your peers” and describe its application in youth courts and adult courts Define diversity and discuss the benefits of a diverse jury Define terms such as: grand jury, petit jury, summons, jury pool, jury venire, voir dire, removal for cause, peremptory challenge Describe the right to a jury given by the United States Constitution Explain why the jury system is important in a democracy, especially in a pluralistic society MATERIALS NEEDED Chalkboard and chalk or flipchart paper and markers (Optional) Several samples of help wanted advertisements. The ads should describe the type of candidate the employer is seeking. The particular job does not matter. HANDOUTS 1 Help Wanted (enough for each student) 2 The Rights to Juries According to the U.S. Constitution (enough for each student) 3 How Are Petit Juries Selected? (enough for each student, plus an extra copy) 4 Options for More Diverse Juries (enough for each student) 5 News Flash! (enough for each student) A Jury Of Your Peers 91 Street Law for Youth Courts ©2006 TRANSPARENCY OR POSTER (Optional) Strauder v. West Virginia PREPARING TO TEACH THIS LESSON Prepare the materials listed above. Write up and post the outcomes of the lesson. Write...
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...an integral part of accountability, and the extent to which a governmental entity adheres to its budget is a major consideration when assessing accountability. In August 2005, Violet Bay1 taxpayers were informed that their school system had run a $7 million deficit after several previous assurances that the system was fiscally sound and would finish the year with a surplus. By November 2005, an external audit determined that the actual deficit was $12.1 million. Three months later, a special grand jury report was released describing the causes of the financial crisis and addressing the means to correct the situation. What went wrong? Place yourself in the role of an auditor or a consultant and identify the problems. As you do so, you will better appreciate the importance of internal control and will gain experience in identifying and assessing client risks. While this case involves a governmental entity—a school district—no prior coursework in governmental accounting is required to complete case requirements. PART I – THE BUDGET PROCESS The Violet Bay School District (hereinafter, the “VBSD” or the “School”) provides public primary and secondary education to local students. The VBSD, with its elected 11-person School Board, is a separate legal entity, but is fiscally dependent on the City of Violet Bay (hereinafter, the “City”). The constitution and code of the state place responsibility for developing the School budget with the...
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...Marketing Research Managers need information in order to introduce products and services that create value in the mind of the customer. But the perception of value is a subjective one, and what customers value this year may be quite different from what they value next year. As such, the attributes that create value cannot simply be deduced from common knowledge. Rather, data must be collected and analyzed. The goal of marketing research is to provide the facts and direction that managers need to make their more important marketing decisions. To maximize the benefit of marketing research, those who use it need to understand the research process and its limitations. Marketing Research vs. Market Research These terms often are used interchangeably, but technically there is a difference. Market research deals specifically with the gathering of information about a market's size and trends. Marketing research covers a wider range of activities. While it may involve market research, marketing research is a more general systematic process that can be applied to a variety of marketing problems. The Value of Information Information can be useful, but what determines its real value to the organization? In general, the value of information is determined by: * The ability and willingness to act on the information. * The accuracy of the information. * The level of indecisiveness that would exist without the information. * The amount of variation in the possible...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...Perry stopped Dick, saying that he would have to rape her over his dead body. Eventually, the morning was only a few hours away, and Dick decided to keep to his word, to leave no witnesses. He told Perry to kill them, who asked Dick if he really wanted to do it, as robbery is a much smaller crime than murder. Dick told him to kill Mr. Clutter, and Perry did, slashing his throat. Perry killed the rest of the family with a shotgun, Dick not killing anyone of them. They left the Clutters with 50$, a pair of binoculars, and a radio.The duo made sure that they left as little traces as possible, removing the shotgun shells, then burying the tape, gloves, and rope they used in the killing. After killing the Clutters, Dick and Perry stopped at a diner, where Perry didn’t feel like eating, as he had just killed an innocent family. Killing the Clutters seemed to have a large effect on Perry, but Dick seemed less bothered and got annoyed whenever Perry brought it...
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...functioning system. A true system is a fine tuned process, where all participants involved work towards a common goal. Every transition in a true system, is a smooth change, where no participants in the system will do anything to jeopardize the proper functionality of the next process in that system. This is not the case of the U.S. criminal justice system. The U.S. criminal justice system is comprised of numerous individuals, groups, organizations, and agencies funded by both government and non-government sources. Because, the U.S. criminal justice system is funded from different entities, there are several different agendas being carried out. There are three major components to the administration of the U.S. criminal justice system: the police, the courts, and corrections. In a perfect criminal justice system the police would arrest violators of the law, the courts would prosecute all law violators, and corrections would punish and rehabilitate violators, to integrate them back into society. While this is the formula the U.S. criminal justice system governs itself by, reality shows us that this quite often this is not the case. Only ten percent of court cases ever go to trial, with almost 90 percent of trials, being settled by plea bargain before going to trial. This often time eliminates the rehabilitation aspect of corrections. There are also instances where due to over packed jails and prisons, inmates do not end up serving their whole sentence. This is a break in...
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...need for those who police the police. Police Corruption In any organization that involves mankind in a position of authority there is always going to be a possibility for corruption, the police department is no different. The level of corruption will always vary, depending on the situation and the environment but nonetheless police corruption does have an effect on the United States. Of course the major offenses are of more concern, like police brutality or taking major bribes or hiding evidence, but even the smaller offense, like letting a friend out of a ticket, still show bias and dilutes the trust the public has in the police department. This paper will describe the negative effect that police corruption, police misconduct, and police brutality has on the United States. Police corruption always has been present in the American police force. It is difficult to measure the extent of police corruption due the covertness of the crimes themselves. In most cases of corruption there is no one to complain since both the officer and the person paying the officer are guilty of a crime. Surveys have found that only five percent of those...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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...We will promote accountability, performance, and transparency (Torres 2010). The new court will be a unified court system, very serving and strong at the foundation levels where we meet the people at. We will start at the foundation and build to the highest court, the State Supreme Court of Guam. Supreme Court Court of Appeals [Problem Solving Courts] Foundation Courts Foundation Courts: Problem Solving Courts | Village Court | Trial Court | Family Court | Village Courts The Village Courts will play a vital role in the Guam State Unified Court System. These courts have broad jurisdiction and they hear both civil and criminal matters (New York State Office of Court Administration 1996-2011). In Guam, this will be for the smaller but very numerous legal affairs of our citizens. There will be a Village Court associated with each of the four police precincts, thus embracing the entire population of Guam. The offices and chambers for these courts will be in close proximity of the police stations and in the same building where possible. The following is a list of Guam’s police precincts and the general areas they serve; Agat Precinct (South); Hagatna Precinct (Central); Tumon/Tamuning Precinct (Hotel Row); Dededo Precinct (North). A village map of Guam is included in the appendix. The Village Courts have exclusive jurisdiction over: * Traffic...
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