The criminal system is directed by the adversarial system. “The prosecutor gathers and presents evidence to prove the defendant’s guilt, and the defendant may respond by rebutting the state’s evidence and by gathering evidence of his own to prove his innocence (“The Future of Adversarial Systems,” 2010, p.285). One of the most significant principles underlying the adversarial system is that the accused must always be considered innocent until proven
(TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party’s case? Why is the same type of discovery not allowed in criminal cases? (Points : 20) In a civil lawsuit there are many different discovery that may be used to find information for a lawyer either on the defense or plaintiff side to make their arguments more persuasive to a judge and jury. The first discovery is interrogatories, which is allowing one party to answer questions under oath to describe to exactly what happened from his or her perspective.
Describe and Evaluate the use of Laboratory Experiments in Criminal Psychology (12 marks) Laboratory experiments are used in Criminal Psychology to isolate and observe the effect of one variable on others, thus establishing a cause and effect relationship. For example, if the presence of a weapon in a crime causes an eyewitness to focus on that rather than other factors of the crime. This may effect eyewitness reliability. The dependent variable can be strictly measured, providing quantitative data. For example, in Loftus experiments on eye witness testimony the participants were asked to say if there was broken glass present or not.
A convenient way to conceive of philosophical arguments is to envision the arrangement of a Criminal or Civil Court. Who are the participants in the typical court situation? Of course there is always a judge with special training and authority to over see the rules for administering justice between the parties to the dispute. Who else? Well there is the prosecutor representing the jurisdiction whether City, State or Federal (or claimant who has filed a claim against a litigant who has done something for which the claimant seeks retribution) and the defendant who under some circumstances may act in his or her own defense but in all likelihood a licensed, practicing attorney who acts on behalf of his client(s).
Actus reus of attempt has two different legal tests, one which is objective and the other is subjective. The objective approach distinguishes preparation, or the planning and purchasing of the materials, from the acts to perpetrate the crime. (Lippman, 2010). The subjective approach focuses on the individual’s intent rather than on his or her acts. Using either the objective or subjective approach, Jack has met the actus reus requirements as well.
2004. “An Examination of Jury Verdicts for evidence of a Similarity-Leniency Effect, An Out-Group Punititiveness Effect or a Black Sheep Effect.” Law and Human Behavior, 28:587-598. Visher, C. A. 1987. Juror decision making: the importance of evidence.
Crime itself is inevitable. It cannot be stopped, but it can be controlled. What is the co-conspirator rule? The co-conspirator rule is a hearsay rule that allows the acts and statements of one conspirator, as long as they were done or said during or after the conspiracy, to be admitted into evidence at the trial of another conspirator, even if done or said in the defendant's absence. In federal court and in some states, the act or statement is admissible even if done or said
The definition of a warrantless arrest is “An arrest made without a warrant. At common law, an officer was justified in making an arrest without a warrant if the officer reasonably believed that the defendant had committed a misdemeanor in his or her presence or had committed any felony” (Barron’s, 2003). Once arrested there is no exact amount of time a person can be held (it is not usually more than 48 hours) depending on the case. During this time the officer, can finger print the subject and check for outstanding warrants. Once the officer or detective reads the arrestee his Miranda rights, he may be questioned.