opposed to the investigative process and/or biased against the examining party. The reasons for their opposition might include their lifestyle or they may have a close relationship with the alleged perpetrator and intend to appear in court as a defense witness. Some of these witnesses may simply refuse to cooperate with the police‚ others might provide false information intended to support the alleged perpetrator’s account. Records must be kept of all interactions with hostile witnesses‚ regardless of
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The American judicial system is one of the most fair and unbiased to this day. Innocent until proven guilty is one of our country’s well known statutes. This is because our judicial system is unlike many European countries. Those countries‚ like Italy or the United Kingdom‚ presume that the accused are guilty‚ and give them the task of proving innocence‚ rather than maintaining innocence. This idea of presumed innocence in America began while the structure of American government was being built.
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examination transcripts involving the same witness. One the Friendly Counsel; the other the Cross-Examination: A Systemic Functional Linguistic Approach.’ After further research since the research proposal (Ferguson‚ 2012)‚ the terminology has been altered. The terminology is now in accordance with An Introduction to Forensic Linguistics: Language in Evidence (Coulthard and Johnson‚ 2007). Friendly Counsel indicates that the witness being questioned is their witness. Cross-Examination indicates that
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of King John. The king selected the grand jury to be a body of his reign that would accuse no innocent person‚ and would shelter no guilty person. The Fifth Amendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today‚ grand juries are virtually inexistent with the exception of the United States‚ which in some cases‚ still utilizes a grand jury
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reason to try and convince the others. Juror nine was especially convincing when he notes problems with the testimony of a prosecution witness who‚ like himself‚ is elderly. Another example is when the newly confident Juror 2 asks how a 5’6" boy could have made a downward stab wound on a man who stood 6’2". In support of their "not guilty" verdicts‚ the jurors realize that the witness deceived the court by taking off her glasses prior to her court appearance and they surmise that she was most likely not
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HORIZONTAL GAZE NYSTAGMUS: THE SCIENCE & THE LAW A Resource Guide for Judges‚ Prosecutors and Law Enforcement INTRODUCTION Nystagmus is an involuntary jerking or bouncing of the eyeball that occurs when there is a disturbance of the vestibular (inner ear) system or the oculomotor control of the eye. Horizontal gaze nystagmus (HGN) refers to a lateral or horizontal jerking when the eye gazes to the side. In the impaired driving context‚ alcohol consumption or consumption of certain other central
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another person (Samaha‚ 2011‚ p.22). Burden of proof simply means that the prosecution has the pressure applied to prove beyond a reasonable doubt that the defendant is guilty. According to the Fifth Amendment of the Constitution‚ “no person shall be compelled in any criminal case to be a witness against himself.” This simply means that by law‚ the prosecutor is not allowed to call defendants to the witness stand in criminal trials. Furthermore‚ it bars the prosecutor from statements that
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land or naval forces‚ or in the Militia‚ when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself‚ nor be deprived of life‚ liberty‚ or property‚ without due process of law….” Double jeopardy is very complex‚ but there are certain principles involved that are clear in violation of ones constitutional right not to be placed in
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Psychological Roles in the Criminal Justice System CJ 233: Intro to Forensic Psychology The use of psychology in law enforcement is becoming more and more prevalent in today’s society. With a desire to understand the underlying concepts of why an individual acted in the method they did has helped us to understand how we might be able to treat similar cases. Within the confines of the criminal justice system‚ we relate primarily to three key areas: law enforcement‚ corrections and
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Justice is blind. The very essence of this statement explains it all. True justice doesn’t see wealth‚ color‚ or gender. Equality is found in her scales so that her verdict may be fare and balanced. Our Justice System today‚ as we know it‚ has moved farther than its predecessor at the start of this nation. Long are we from witch-hunts and people being burned at the stake. Just a few hundred years ago people were summarily executed with little burden of proof and sometimes no trial whatsoever. Over
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