...GUIDELINES FOR DISCIPLINARY PROCEDURE - CONTENTS Chapter 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Item Discipline and Indiscipline Acts of Misconduct Report of Misconduct Flow-chart of Disciplinary Proceedings Preliminary Enquiry Principles of Natural Justice Charge-sheet Suspension Domestic Enquiry Penalties Appeal and Review Annexures Page No. 96 97 98 99 102 103 104 107 109 117 122 123-153 Policy Manual CHAPTER-1 DISCIPLINE AND INDISCIPLINE 1.1 Discipline means orderly behaviour - It means voluntary and willing compliance of rules and regulations and instructions and also development of right habits of conduct in work with others at the work-place. Why do we want Discipline? (a) Discipline is essential in any organisation for improving the employee morale as well as to increase the productivity which is the ultimate goal of any organisation. Discipline is of utmost importance for harmonious working with a view to achieve Company’s objectives. It is moral responsibility of the employer not to allow the minority of employees who are indisciplined to affect the life of majority. 1.2 (b) (c) 1.3 How does Indiscipline arise? In most of the cases, indiscipline of a worker is the expression of his reaction to his environment. Usually the causes of indiscipline are : (a) (b) (c) (d) (e) Lack of awareness of Company’s rules and regulations; False promises made by superiors; Absence of any procedure to handle grievances; No action taken when required; Personal...
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...Evidence or the Federal Rules of Evidence. Respond to each scenario using the formula detailed in class: 1) respond to the question 2) state the pertinent rule or concept, and 3) correctly apply the rule to the case. Papers must be word processed. No handwritten work will be accepted. Projects are due at the beginning of class on the day of your class meeting during the week beginning October 6, 2014. Due to the nature of the assignment, NO LATE PAPERS WILL BE ACCEPTED!!! Feel free to turn the project in early. 1. To impeach Walt Dipsey’s primary witness, the Evil Stepmother, Snow White plans to introduce testimony of seven diminutive witnesses in the neighborhood who will testify that the Evil Stepmother has a reputation for untruthfulness. On what basis can Dipsey exclude some of the witnesses? 2. Charles Foster Kane is arrested for possession of cocaine, which the prosecution asserts was contained in a “snowy” paperweight on Kane’s desk. The prosecutor offers as evidence a lab report stating, “The “snow” in the subject paperweight is 95% pure cocaine hydrochloride.” Is the report hearsay? Why or why not? 3. Peter Pan gives John, Wendy and Michael fairy dust to fly. He is arrested on narcotics charges. Wendy is called as a witness at trial. She can’t remember exactly what happened, but, when she is shown some notes she made at the time of the incident, she is able to remember the events perfectly without further reference to the notes. Are ...
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...RULE CR 45 SUBPOENA (a) Form; Issuance. (1) Every subpoena shall: (A) state the name of the court from which it is issued; (B) state the title of the action, the name of the court in which it is pending, and its case number; (C) command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and (D) set forth the text of subsections (c) and (d) of this rule. (2) A subpoena for attendance at a deposition shall state the method for recording the testimony. (3) A command to a person to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. A party may be compelled to produce evidence at a deposition or permit inspection only in accordance with rule 34. (4) A subpoena may be issued by the court in which the action is pending under the seal of that court or by the clerk in response to a praecipe. An attorney of record of a party or other person authorized by statute may issue and sign a subpoena, subject to RCW 5.56.010. (b) Service. (1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person’s dwelling house or usual place of abode...
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...Final Paper: Case Study#3 Forensic Psychology: Information Recall / Eyewitness Testimony ABS200 Instructor Clark August 18, 2014 Ashford University Applied behavioral science can be defined as a science that bases its concepts on the observations and learnings of human behavior. Science itself is all observation and learning, we try and try experiments in order to come to one or several conclusions and we observe in order to discover new things. In order to understand behaviors and what causes people do to the things they do we must observe not only the person but their surroundings and daily habits in order to understand them. In behavioral science there are many different sub-sections that can vary from clinical to criminal. Within these different sections we learn by making observations not just of one person but of every person we come across in our work and therefore have to learn how to make treatments based on these observations. In criminal cases, most of the time we are analyzing not only why a person has committed the crime they have committed but what drove them to become the person that they are. In many cases there is a mental illness whether treated or untreated that can cause the person to become unbalanced and therefore dangerous. Other times it is caused by childhood events which cause mental trauma which causes the person to act out in a certain manner. Cognitive psychology goes hand in hand with handling eye-witness testimony. With this type of psychology...
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...IN THE CIRCUIT COURT OF _____________________________ COUNTY, MISSOURI Judge or Division: Case Number: Plaintiff(s): Person Subpoenaed: Address: Plaintiff’s Attorney: Address: vs. Defendant(s): Requesting Party: Pltfs Attny Pltf Def Attny Def Address (of party checked above): Telephone: Defendant’s Attorney: (Date File Stamp) Address: Telephone: Telephone: Subpoena Order to Appear/Produce Documents/Give Depositions The State of Missouri to :___________________________________________________(person subpoenaed). You are commanded: to contact _____________________________________(name) at _____________________________(telephone) who will advise of time and place appearance is required. to appear at ____________________________________________________________________________________ on _______________________________________(date), at __________________________(time). to testify on behalf of ____________________________________________________________________________ . to give depositions. to bring the following: ___________________________________________________________________________ ______________________________________________________________________________________________ _______________________________________________________________ (Attach additional sheet if necessary.) (Seal) __________________________________________ Date Issued ___________________________________________________ Clerk/Deputy Clerk Return/Affidavit I certify that...
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...Eye witness testimony is the ability of people remembering the details of events, such as accidents and crimes which they themselves have observed. The accuracy of eye witness testimony can be affected by factors such as misleading information, leading questions, post-event discussion and anxiety. Loftus and Palmer investigated how the language (leading questions) used in eyewitness testimony can alter memory. 45 students were shown 7 films of different traffic accidents. After each film the participants were given a questionnaire which asked them to describe the accident and then answer a series of specific questions about it. There was one critical. This question was ‘About how fast were the cars going when they hit each other?’ One group of participants were given this question. The other five groups were given the verbs smashed, collided, bumped or contacted in place of the word hit. The mean speed estimate was calculated for each group. The group given the word ‘smashed’ estimated a higher speed than the other groups (about 41 mph). The group given the word ‘contacted’ estimated the lowest speed (about 30 mph). This suggests that memory is easily distorted by questioning technique and information acquired after the event can merge with original memory causing inaccurate memory. This may not be valid because the participants may not have taken the task seriously as they knew it was not real (lacks ecological validity) and there was little to no consent given by participants...
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...Eyewitness testimony and its credibility has always been a staple of controversy in court cases. Let's take a minute to think back the last time you were in a local retail store. Now ask yourself, are you able to describe the person who was ahead of you in the line? How many details can you really remember about that person? Now how accurate do you think that your description was? Today we are going to investigate just how accurate people's observations are in everyday life. Objective: The purpose of this project today is to determine whether eyewitness account credible and reliable enough to be used as evidence in criminal investigations. We are going to do this by determining witness recollection, gender of suspect, distance away from suspect and date and time affect the accuracy of witness accounts. . Introduction: Eyewitness accounts are always under scrutiny whether in the courtroom, by police and even scientists. In most eyewitness identification the processes typically involve selecting an alleged perpetrator from a police lineup or sketches. After selecting a suspect a formal statement is using made confirming the identification of the subject. Usually the times in which you are asked to give a statement range anywhere from a day to a few days later. Within this time frame ,ask yourself how accurately are you able to recollect what really happened or what someone really looked like. The reason that so many people also acceptance of eyewitness accounts may stem...
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...Debate Paper XBCOM/275 November 12, 2014 Heather Fontaine The topic that I have chosen for the subject of my debate paper is the trial of George Zimmerman. On February 26, 2012 a man that was unknown at the time was about to be the center of controversy when he shot and killed a 17 year old boy named Trayvon Martin in Sanford, Florida. The man in question George Zimmerman was a patrolman for the local neighborhood watch in his area. Trayvon Martin was visiting his father who lived in a gated community one of which is where the shooting occurred. That morning Zimmerman had noticed a male lingering in the neighborhood, he then called the non-emergency line to report this. While on the phone with the police the dispatcher informed Mr. Zimmerman not to follow the individual and that police were on their way. When the police arrived moments later they did not find a male lingering in the neighborhood what they had found was Trayvon Martin on the ground lifeless he had been shot in the chest. As the police walked the crime scene, the items that were found were a cell phone, ear buds, iced tea and a bag of skittles, no gun. The only person that was holding a gun was Mr. Zimmerman, this was to be the only gun found at the scene. This sparked outrage within the town, state and country. Mr. Zimmerman was charged with murder and arrested, he had non-life threatening injuries to his head which were treated. Mr. Zimmerman was questioned for many hours, after being questioned...
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...This paper synthesizes the basic facts of United Stated vs. Dube. It explains the role of lay witness testimony, and distinguishes from expert witness testimony. Moreover, it addresses potential problems with lay witness testimony. Finally, we’ll take a closer look at how it impacts final holding and its relevant significant on the case. John Doe Sr. MBA Graduate Student Trident University ABSTRACT The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter than cases today. The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter time than cases heard today. Defendant Dube was tried on an indictment charging him with robbery of a federally insured bank. He did not deny that he committed the robbery, but introduced the testimony of a psychiatrist and a psychologist that he was insane when he committed the offense, (OpenJurist, 1st par). In this case, according to information taken from the case files, found in OpenJurist.org, the prosecution did not present expert testimony instead relied on cross-examination and the lay witness...
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...Reaction Paper: ‘The Interlude’ The narrative ‘The Interlude’ by Michael Anthony of Trinidad is an interesting and very descriptive writing. It sparks its readers desire to know what follows next with the troubled characters Willis the Tiger and Little John. The more I read, the more I was intrigued to know what would happen to Willis for returning to San Fernando after having been sentenced to two years in jail for fatally injuring Cyril and leaving him cripple. I have personally never had an experience or witnessed a scenario like this but reading along I felt involved in the street and among the crowd witnessing a chaos about to unravel before my eyes. Indeed, when tragic events happen in a community and someone is convicted for a devious crime, the community will remember the criminal and brand and impression of him or her. Convicted persons are not always or usually welcome into their communities due to the stigma that has been created about them. In this narrative, the people of the town of San Fernando had definitely not forgotten ‘The Tiger’ who had them at bay when he was part of the desperado gang. He had now returned and was confronted by Little John who was raged at Willis for having fatally injured Cyril and left him cripple. Strong emotion and feelings of anger and revenge by Little John are described in page four of the narrative “Tiger!” he shouted as if ten lions were awake in him. Willis, who was once the feared tiger of the town for his vicious act of branding...
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...information. They had increased confidence in remembering what had happened, were able to make out facial details and their length of time to identify the culprit changed. There was also no difference in their statements when they were asked immediately or after 48 hours. Those who received disconfirming feedback were not so confident and took longer time to identify the culprit. The writers argue that the focus on identification itself, especially in court cases, does not factor in the influence that postidentification suggestions have on the testimony of the eyewitness that might later be given about the identification. They suggest that postidentification feedback from the lineup administrator has strong effects on how the eye witness remembers the original event and on how the eyewitness recalls the identification decision. They call this the...
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...Gloria Rodriguez Research in Crime & Security Professor Katherine Cho Ladies and gentleman of the jury this case involves an attempted armed robbery and murder in the first degree. Attempt is when a person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime. Armed robbery is the taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. Murder in the first degree is with intent to cause the death of another person, he causes the death of such person or of a third person (Article 125.27 NYS Penal Law). In this case, an attempted robbery and shooting occurred in a retail store named Lazar’s Clothing Store on February 14, 2011 that was managed and owned by Sidney and Sara Lazar. Unfortunately, during the attempted armed robbery Mrs. Lazar was shot and killed. Two men were involved and both wearing black leather jackets. After the shooting, the police arrived and interviewed Mr. Lazar and a bystander by the name of Mr. Green. Mr. Lazar looked through photos and identified both of the defendants, John Hudson and Dale Buckner as the two men that killed his wife. The same night, the police checked the defendants’ arrest records and went to Hudson and Buckner’s apartment to arrest them. The police found physical evidence and outside of the apartment they also saw a car matching the description of the defendants’...
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...C’s dog maybe the injuries on B’s dog could be from the fight with C’s dog . The other reason is because the dog that starts a fight isn’t always the one who finishes it in his/her favour. The owner of C’s dog says that B’s dog also got in a fight with their dog and that C always gets along with A . I believe I can assume that since A and C “always” get along with each other , the owners must be friends that would give both owners a vested interest as both their dogs have had an encounter with B so it might delight them to punish B . Thus C can’t be recognised as a neutral witness . Also the fact that A gets along with C isn’t sufficient evidence to suggest that A wouldn’t normally behave in such a bellicose manner. As a result this evidence doesn’t amount to relevant expertise. D has often walked with A assuming the owners are friends that would mean that D can’t be recognised as a neutral witness. D’s ability to perceive can be questioned as he or she had just entered the park whether that was at the time of the fight or after we aren't made aware. Also his acknowledgement of D and A’s relationship isn’t sufficient evidence to draw such a conclusion it doesn’t amount to...
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...CALIFORNIA ADVANCE HEALTH CARE DIRECTIVE Including Power of Attorney for Health Care Imprint / MRN NOTE: The document meets legal requirements for most Californians, but might not be appropriate in special circumstances. If you might have special needs, consult an attorney. PART 1: APPOINTING AN AGENT TO MAKE HEALTH CARE DECISIONS NOTE: You should discuss your wishes in detail with your designated agent(s) My name is:_____________________________________ Date of Birth:________________ My address is:_______________________________________________________________ In this document I appoint an agent. That agent will make health care decisions for me in the future, if and when I no longer have the mental capacity to make my own health care decisions. Optional: I want my agent to make my health care decisions now, even though I currently have the mental capacity to make my own health care decisions. _______ (Do not initial here if you want to continue making your own health decisions for as long as you are able.) The following persons cannot be selected as your agent or alternate agent: • Your primary physician • An employee of the health care institution or residential care facility where you receive care (unless you are related to that person or you are co-workers). PRIMARY AGENT: Agent’s Name: ___________________________________________________ Address:___________________________________________________________________ ____________________________________________________ (Phone...
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...Memory Multistore model Capacity of short term 7 Duration up to 30 sec Capacity Long term is forever Displacement in short term Retrieval failure long term Decay is in all of them (long/short term) Explain what is means Describe Evaluate: any studies that support the memory (Primacy and recency affect) Primacy is when u remember things at the beginning of the list (as you have rehearsed them and has gone into your long term memory. Recency is words u remembers at the end of the list and u keeps into your head for just 30 sec which goes into ur short term memory. All of that shows evidence for 2 stores and rehearsal. Method ( lab experience, what wrong with it? it lacks ecological validity/realistic. Good thing? It is very controlled you can repeat it. Sample (who were used?) Ethics (none) Overall evaluation It is too simple, (explain) emotions-traumatic events some types of memory doesn’t need to be rehearsed u just know it. Different ways and types of memory are remembered, by chunking or method of loci. Explanation of forgetting Context is about environment Learning and recall in the same place you will remember. Forget when you recall in different place to learning ( diving theory) Grodden + Baddeley – divers Learn words – under water * or n the beach they got a distraction test recall either in the same or different environment those in the same environment recalled more and those in different recalled less. Method:...
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