Discussing the use of Expert Evidence in Trial

Discussing the use of Expert Evidence in Trial Expert evidence is becoming more established in the field of eyewitness testimony because jurors are frequently placing unjustified reliance on eyewitnesses. Jurors are being informed on the limitations of eyewitness identification as this can play a huge significance within a court case (Cunningham Tyrrell, 1976). section on reliability and validity of expert evidence Expert psychological witnesses are called before the jury to provide their knowledge of research and theories within the field of eyewitness testimony. They are not there to present facts about the specific case but rather provide scientific information of eyewitness accounts that help the jury make decisions (Vidmar Schuller, 1989, as cited in Leippe, 1995). This process can deliver better eyewitness accuracy as the jurors can evaluate the reliability and validity of testimonies and base their decisions from this (Monahan Walker, 1988, as cited in Leippe, 1995). However, Leippe (1995) stated that there is inadequacy in scientific research and theory as he argued that this field of research is not reliable because it cannot be generalised to the real world and lacks ecological validity. Some courts and several experimental psychologists have argued against research on eyewitness testimony as being scientific, as they have established that eyewitness research is not widely accepted as a science as findings have not been generally approved (Egeth, 1993). Previous research on a survey of 488 responses to expert witness questions and believability was carried out. This produced implications of reliability and validity of expert evidence. It was found that the majority of respondents stated that they would believe experts from their own community as they were sensitive to the issue of expert witnesses being a hired gun which refers to expert opinions that are not impartial due to being bias towards the party that called them (Boccaccini Brodsky, 2002). A majority of respondents specified that they would believe experts who were not getting paid for their testimony; this allows respondents to believe that the experts are providing an honest judgement and are not stating information on the basis of expecting return (Cooper Neuhaus, 2000, as cited in Boccaccini Brodsky, 2002). In addition to this factor, respondents conveyed a preference for testimony from experts that have previously testified for the prosecution and defence rather tha n one or the other (Boccaccini Brodsky, 2002). A number of cases have debated that expert testimony is simply common sense and this knowledge can be made by the un-educated jurors, and the deficiencies in the accuracy of identification can be conveyed to the jury over cross-examinations, and closing arguments (Woller, 2003). A study by Levett Kovera, 2008 indicate that there is a sensitisation amongst jurors on the validity of initial expert research when opposing expert research is introduced to address the validity of the initial expert research. Evidence was found that this process allows non-extreme judgements to be made by jurors but will not directly affect substantial decisions on the outcomes of a case. This shows inconsistencies when using initial expert research because the study illustrates that opposing experts give the opinion that initial expert research is inapplicable to the case. This suggests the question on whether the appropriateness on having an initial expert witness is needed at all as they frequently do not influence jurors decisions. Overall, eyewitness testimony reliability depends on many factors, in some cases it is reliable and in others it is not. Individual factors can contribute to whether the information given is correct or not. Personal opinion whether it would be appropriate to use experts in this case Expert evidence helps provide research and theory about well-known variables which can influence memory and recalling of memory. Therefore by using expert evidence in the case of evaluating eyewitness testimonies is crucial, as much research has supported the flaws which can contribute to misleading information. As a result of such a high dependency and impact of the judges decision of the eyewitness testimony in determining ones life outcome, it is important that all measures are put forward in order to prevent a person who is not guilty from going to prison. On the other hand, I believe that there were a number of variables within this case that is deemed to be too complex to measure individually. I think that it is much harder to get an accurate account of the event itself when viewing the variables in isolation. The theories are not established enough to concentrate on the variables combined which could potentially give a more accurate account of the event. If an expert witness was used for this case, I believe that they would significantly affect the decision of the jury. They somewhat take the role of the juror and directly affect the credibility of the eyewitnesses testimony. This should not be acceptable as an expert witness should only be there to provide facts about certain pieces of evidence and not about specific variables within the case. Overview of psychological evidence that may be brought before the court by the expert for the prosecution (Guilty) Around 20 Research states 3 highest accuracy levels :sex height and racei Freya remembered more detail-eyes-more accurate -watching and had more light more oppotunity Detailed descriptions Nature of event The nature of the event can have a profounding effect on the witnesss future recall. Witnesses who experience a traumatic event tend to have higher stress levels. This enables them to have a much detailed memory as they often think about the event after it has happened. Because of the disturbing nature of the event, it makes it harder for a witness to forget. All 3 witnesses within the case experienced a form of violence and therefore their levels of arousal would have increased. According to research findings, this could enhance the accuracy of the description of the event and suspect (Christianson, 1992). Yuille and Cutshall (1986) also found that higher stress levels lead to better memories of events than do witnesses with lower stress levels. Confidence (Meta-memory) A witness that is confident when providing their testimony to court officials are usually more believed to be accurate (Wise Safer, 2004 as cited in Krug, 2007). A study performed by Bradfield and Wells (2000, as cited in Bradfield McQuiston, 2004) found that a participant juror who reads a testimony from a confident witness is said to of had a better view of the event compared to a witness whose confidence was low. Even when the jury has stated that confidence is not an accurate determinant, there is evidence to believe that high confidence does allow the jury to express a better evaluation of the witness (Fox Walters, 1986). Pratima Hussain conveyed a high level of confidence when declaring her testimony as she stated that she categorically knew that the defendant was the person that pushed her to the ground. She also gave a very detailed description of the weapon. This may influence the prosecution of the suspect by the jury because her confidence can be a huge predictor of acc uracy. Bell Loftus, 1989 also established that when confidence is expressed, jurors are impressed with that confidence which makes them more easily persuaded. Number of Witnesses Witnesses, who are at the same crime and identify the same suspect under different conditions, are more likely to be accurate. A study by Haber and Haber (2000) shown that if a witness provides a description of a suspect and then later identifies them within a video identity parade, they are said to be 75% accurate. If another witness, who was present at the same crime, provides a similar description of the suspect and also identifies the same person from the identity parade, both of their identifications are said to be 90% accurate. This factor relates back to the case since Pratima Hussain and Emanuel Hargreaves both gave a similar description of Kevin Clough and both identified him from the mugshots and identity parade. Overview of psychological evidence that may be brought before the court by the expert for the defence: Womens eyesight was discredited (glasses came off) Pushed ground Glasses Less likely if realy old-age recogitionn The nature of event The effect of arousal on eyewitness memory is now commonly explored using the Yerkes-Dodson law (1908) which states that the connection between arousal and performance is based on a U-shaped curve whereby very high or very low levels of stress decreases the performance of the witness and that intermediate levels of stress is when performance is at its best (Deffenbacher, 1983 as cited in McCloskey Egeth, 1983). Therefore in relation to the event being violent, stress levels must have been very high which can cause discrepancies in the eyewitness testimonies given. Stress interferes with the ability of eyewitnesses to identify a central person in a stressful situation (Morgan et al, 2004, as cited in Wells, Memon Penrod, 2006). The high stress itself could be expected to lead to a narrowing of the range of perceptual focus, as Easterbrook (1959 some facts about weapons) has noted. Mugshot induced bias In this case, 2 of the witnesses were required to carry out mugshot identification and a video identity parade. Research by Cutler et al (1987, as cited in Ebbesen Konecni, 1997) has shown that exposure to mugshots after viewing the suspect at the scene of the crime may create a risk that the witness may become bias within the subsequent video identity parade. This is because the witness increases their ability to recognise a previously seen face. The witness may inflict a failure of memory due to previous exposure of other mugshots and therefore fail to identify the actual suspect from the event (Brown, Deffenbacher Sturgill, 1977, as cited in Deenbacher, Bornsteiny Penrod, 2006). as Garven, Wood and Malpass (2000, as cited in Hafstad Memon, 2004) found Retention of memory The ability to take in information and hold it is a very important factor to reflect on. Many studies have shown that memory may deteriorate after an event occurs. There is more than one reason that retention of an event may be lost, which can include post events that take over the memory of the original event or similarly, a witness being exposed to information from other witnesses (Woocher, (à ¢Ã¢â€š ¬Ã‚ ¦.) as cited in Baggett, 1975 Memory for Explicit and Implicit Information in Picture Stories). Another reason may include bad experiences of a particular event that might eliminate memory from a witness because they choose not to remember it. Shapiro and Penrod (1986, as cited in Smith, Stinson Prosser, 2004) performed a study on long vs. short delays and found that longer delays led to less correct and more false identifications. From this study, it is clear to see that retention plays an important element when making correct identifications. This is also true of the Kevin Clo ugh case, as all of the witnesses were required to identify the suspect from mugshots 2 days after the event occurred. They also had to identify the suspect from a video identity parade, 8 days after the event occurred. Perception A factor that can affect eyewitness perception is a term called an event factor. This is when natural conditions within an event can affect the witnesss perception when an event occurs. It might seem natural to think that witnessing an event in good lighting conditions, may improve perception compared to poor lighting conditions. However, this is not the case as research has found that different lighting conditions can be relatively complex (Woller, 2003). Adaptation to light and dark has a significant effect on perception. It has been found that when witnessing an event in a dark condition and then there is sudden changes to a light condition, or the opposite, the eyes are unable to fully recover right away and perception is distorted. This is the cause of a chemical reaction happening within the eye between the rods and cones which generates a short experience of blindness. In the case of Kevin Clough, this can have a profound effect on Freya Ogdens perception. On the evening of Ja nuary 12th, it would have been dark outside and Freya reported that a security light shone on the offender as he ran past her. Consequently, her identification of the offender may be unjustified as a result of light adaptation. Cross-Race Identification A major factor concerning eyewitness identification is Cross-Race Identification. A jury may be alerted when considering the condition of a witnesss race that is different to the race of the suspect and the accuracy of the identification. Research has found people from one race have great difficulty identifying people from a different race. This is because people that generally socialise with other people from their own racial group tend to absorb certain facial features more easily compared to people from another racial group (Malpass Kravitz, 1969). Members of one race tend to state that members of a different racial group have less homogeneity in the facial features in relation to their own racial group (Goldstein, 1979 as cited in Smith, Stinson Prosser, 2004). Ng and Lindsay (1994) stated that the more contact a person has with people from a differing racial or ethnic group, the ability to identify suspects correctly will be greater. This issue might be a contributing factor r egarding the Kevin Clough case because 2 of the witnesses, Pratima Hussain and Emanuel Hargreaves, are of a different racial group to the suspect. This could mean that their identification of Mr Clough may be invaluable to the case regarding the factor of cross-race identification. Individual factors Age Another factor which should be considered in accordance to eyewitness testimonies is age. Age is found to play a significant role in eyewitness testimonies. All witnesses are seen to be vulnerable, however children have been found to be the most vulnerable (Bruck Ceci, 1999, as cited in Wells, Memon Penrod, 2006). Children have been found to be susceptible to interviewer bias, as Garven, Wood and Malpass (2000, as cited in Hafstad Memon, 2004) found 50% of children who received positive reinforcement for reporting incorrect responses continued to answer yes to the misleading information, whereas 5% answered yes when no reinforcement was applied. This research suggests children are easily misled with what they experienced from the event. Research has also found a decline in memory for elderly witnesses. Cohen and Faulkner (1989) found elderly subjects were easily misled by false information. This states that expert eyewitnesses are crucial in cases where children and elderly witnes ses are testifying. Research has also found confidence and memory reports can easily be distorted in particular with vulnerable children, as children are believed to be overly optimistic with their memory proficiencies (Hafstad, Memon Logie, 2004). Weapon Focus The presence of a weapon can substantially indicate to an eyewitness that a crime is happening. The concentration on the weapon itself can reduce the ability to absorb other information from the crime (Loftus Messo, 1987, as cited in Mitchell, Livosky, Mather, 1998). Weapon focus is linked to arousal and Easterbrook (1959, as cited in Mitchell et al., 1998) found that perception decreases as arousal levels increase which is based on his/her cue utilisation theory. The theory also points out that the more intense the arousal is of an eyewitness, the bigger the reduction in perceptual cues. When a weapon is visible within a crime, the weapon focus effect states that all focus is pointed at the weapon and perceptual cues such as the criminals characteristics are decreased. The case of Kevin Clough is interesting because the victim Pratima Hussain was able to provide a detailed description of the weapon, and identify characteristics of the suspect correctly. Mrs Hussain was able to ide ntify the suspects age, race and eye colour correctly. Research by Dehon and Bredart (2001) as cited inà ¢Ã¢â€š ¬Ã‚ ¦ has found that white people are able to make a more accurate age estimate for in-groups than out-groups. However, the accuracy of age estimates from people of other races that live or have lived predominantly in a white country did not differ based on the race of the face. Research was carried out by Anastasi Rhodes, 2006 as cited in Age Estimation of Faces on whether the age of the witness corresponds with the age of the suspect. Results found that age estimates are often bias towards their own age range. Research also found that witnesses that are much older than the suspect exhibit poorer performance regarding face recognition Adams-Price, 1992 as cited in Evidence for an Own-Age Bias in Face. Therefore, there is a possibility that Pratima Hussains age estimate of the suspect could have been wrong and that she may have guessed the age of the suspect. Indicate what you consider to be the strongest evidence for both the prosecution and for the defence. Prosecution Defence Retention of memory It is clear that memory declines over a period of time. I think this is an important factor because the longer the length of time between the learning experience and test of identification, the likelihood that memory will decrease will be greater. Conclusion selective attention, reconstructive memory, short exposure durations, vantage point, suggestion

I’m not scared plot

So they had a race of running straight up the hill and the last child who lost the game would pay a forfeit. Michele was just about to overtake the second child, Salvatore, who was Michele' best friend when he heard his sister Maria scream. His sister was only 5 years old and she followed her brother stubbornly to ake part in the race. nfortunately, she hurt herself and broke her glasses. Michele had to stop and turn back for her. However, he became the last one to reach the hill. When he was on the top of the hill, the others had gone. Michele and Marla found an abandoned farmhouse and other children were there waiting for them. Because of Michele and his sister's unusual situation, they decided to make Barbara do the forfeit. However, the forfeit was so indecent that Michele offered to do the forfeit Instead of Barbara. After doing the forfeit, he discovered a hole with a sheet covering t and there was a boys leg in it.He was frightened and left the farm house quickly. When Wchele and his sister arrived Acqua Traverse, their father had been home. He had left home for a few months and both Michele's mother and her children were happy to meet him again. Michele had an arm wrestling competition with his dad, and his sister helped him win the competition, so that their father gave them the present. They had a good time with family at that time. The following day, Michele woke up early and his parents were still asleep. He couldnt help thinking about the ittle boys leg in the hole of the farmhouse.Although he was scared, he persuaded himself and rode his bike by his own to that abandoned farmhouse. He opened the cover, and asked whether there was anyone inside the hole. However, no one answered him. He picked up a stone and threw it at the boy. The stone hit him on the foot. Michele thought he was dead. He wanted to go down into the hole and see his face. Inside it was cold and he found the little boy was as young as him. He touched the boy with his toe. When he t ried to lift the blanket off the boys face, the ‘dead' boy ent his leg.After that, the boy stretched out his arms toward Michele without eyes opened. They both started screaming. Michele was frightened; he grabbed the rope and shot out of the hole rapidly. His father was angry with him because he fell asleep on the way home and forgot the time. He got out of the house and climbed on the carob tree. When he came back home, his dad had gone. Michele and Maria and their mum had dinner together. Then they went to bed quickly, but Michele couldnt fall asleep and he kept thinking about the little boy. The following day, Michele's arents were out.He went to the hill again because he wanted to save that little boy. The hole wasn't covered this time. He thought that the guardians of the hole must know that their secret had been discovered. The little boy was very thirsty and Michele got him some water. When Michele was getting water, he found a pan that was Just like the one they had a t home. The little boy didnt move any more after drinking water, so Michele covered up the hole and went away. After lunch, Michele's parents went to have a rest and Michele started to search for the saucepan, but he Hllppo.However, Salvatore Olan't care aoou t Hllppo at all. He got Mlcnele out 0T nls room. Michele couldn't fgure it out why Salvatore considered his secret as rubbish. He left for the abandoned house and met Filippo as he promised. Fillippo had been washed by the kidnappers and no chain was in his feet. Michele suddenly had a great idea. He wanted to take Filippo out of the hole. He tried to persuade Fillipo to come with him. At first, Fillipo didn't dare to go out with him. However, Michele had to lie to him. He said he was an angel and he was going to take Fillipo to the heaven outside.Finally, Fillipo agreed to get out of the hole. Michele found a leader and helped Filippo out. They had a good time, then he sent Filippo back into the hole. When he was about to go b ack to the ground, the ladder was pulled away. He looked up and found Felice watching them. Felice found out everything. He knew that Michele had been here for many times. He caught Michele and beat him. Felice pushed him into his car, and insides there was Salvatore. Michele realized that it had been Salvatore who ratted to Felice and told his secret to Felice. Salvatore had sold Michele for a driving lesson.Michele was broken-hearted about Salvatore's betrayal, and his body was hurting. When his mum saw him, she was angry with Felice because Felice beat his son. Michele's mother was out of her control and tried to beat Felice. She was almost going to kill him. When Felice threw himself on top of her mum and tried to insult her, Michele's dad and the old man came in. Michele's dad pushed Felice away. The men had a talk and when Michele's father came back, it was night. Michele's father came into the room and talked to him. He swore to his father that he wouldn't come back any more. When Michele was with his friends, they suddenly suggested going up the hill to the abandoned house again. After discussing, Michele decided to go with them. Michele was very nervous, and it seemed to be rain. He persuaded himself to uncover the hole, and there was nothing in it, either Filippo. He realized that Filippo had been taken away by those adults without saying goodbye. Salvatore said he heard his father talking to the other guys and he knew where Filippo was. He told Michele that Filippo was at Melichetti's, down in the gravina. When they came back to Acqua Traverse, they saw two helicopters ppeared and all adults had gone.Michele's sister said all adults had gone to Salvatore's house after they saw the helicopters. Michele led his sister back home and had supper and then they went to bed. The adults came at midnight and they shouted so loud that they woke Michele and Maria up. Their mother came in and forced them to sleep. She stayed very long and got up because she thoug ht Michele and Maria were asleep. Michele spied on them in his room and heard them talking about a plan. They were discussing how to deal with Filippo. Finally they decided to kill him and finish the whole thing.Michele quickly dressed himself and Jumped out of the window to save Filippo. He found Filippo in a hole after innumerable hardships. He helped Filippo out of the hole, but there was not much time left for him to get off the hole. He ordered Filippo hide himself and get away. However, he couldn't escape from the hole because his leg was hurt and adults were coming. He didn't succeed in climbing out of the hole, and his dad didn't recognized him, he shot him instead of Filippo. He was hurt heavily and finally a helicopter came over. He sacrificed himself for Filippo.

Mark Twain the Mirror of America Essay

Mark Twain who is well known for his master-pieces like Tom Sawyer and Huckleberry Finn, in which he used his extraordinary writing techniques thus combining rich humor, sturdy narrative and social criticism, plays a vital role in the history of American Literature. The reason why the author regarded him as a mirror of America was not only because of the true and vivid description and representation in his pieces, but for his extensive and abound life experience, including various people he had met on the steamboat, things he had heard during his early life. In the text, the writer used a word ‘cosmic’ to describe the wide range of people Mark Twain met on the steamboat. As for the theme of the text, from the steamboat on the Mississippi to the development of railway later, from the gold rush to the civil war, the writer has grabbed the trace of Mark Twain’s life experience and connect it to big transitions of American society at the same period of time. As a young country, America has witnessed several events that are powerful enough to leave significant influence to the development of the country. Mark got involved in them and created them in his books. Look more:Â  mark twain satire essay When read his works, we can review the history of that period at the same time. Through various occupations Mark Twain had engaged, he accumulated a rich knowledge of the society, which later lively reappeared on the pages of his works. I doubt that if hadn’t been for the abundant personal experience, there couldn’t be a perfect Mark Twain. Quite coincidently Moyan who have just the Nobel Prize in literature also mentioned in his banquet speech that his childhood experience out of school had played a vital role in his works, many characters including himself had been crafted in artistic ways. We can see how important the early experience plays in the creating of literature. In a nut shell, the first part of the text’s theme is that Mark’s life experiences and works are a reflection of American society at that time Besides the colorful experience of Mark Twain, the duel character of him are also worth talking about, since the great master is famous for his humor and criticism, people may regard him as the same sort of person, with humor or sometimes with a bit of sarcasm, however, the fact is widely divergent, if we reflect the overview of his family, only three of his brothers and isters survived from tragedies, which would leave an indelible impression on Mark Twain. What we do not often see is the cynical, bitter and unhappy side of him. The structure of the text is rather easy, with 22 paragraphs mainly divided into 4 parts. The first part consist only one paragraph, which serves as a general introduction to the text, through which we will have a glimpse of the great master of American literature who has both positive and negative character. The next six paragraphs depict the life routine of Mark Twain,in which he witnessed the development of the new country. The next 11 paragraphs focused on the reason why Mark turned his attention to writing, and it’s from writing rather that chasing the gold that made his name all around the world. The final part works in concert with the first paragraph, mention the reason why Mark Twain has another side of bitterness and cynical. In conclusion, this passage gives us a brief introduction of Mark Twain’s life routine and an unknown dark side of his character. And from the master’s life routine, reflects the history of America.

Code of Ethics for Business - 1508 Words

Code of Ethics Company A is committed to providing expertise management consulting to nonprofit organizations that serve and meet the needs of citizens and communities. This Code of Ethics sets forth standards of behavior for our employees and managers. It is intended to assist them in fulfilling their duties and public representation of Company A. Employee Standards The success of Company A depends on our clients and their confidence in our services. We need to value that nonprofits are supported by individuals, corporations and foundations through charitable contributions and volunteer efforts. Many nonprofit organizations are also funded by government through contracts and grants. Therefore, Company A has adopted to use a Code†¦show more content†¦Company A has established monitoring and auditing systems that are reasonably designed to detect conduct in violation of the Code of Ethics by managers and employees of the company. The committee is expected to conduct a thorough evaluation within 24 hours after a violation is discovered or reported. Quarterly meetings will be held with the ethics committee and department leaders to review and discuss any ethical situations that have commenced and how they were handled, as well as how to prevent reoccurrence. The Code of Ethics may be amended or modified by the committee at any time in order to ensure a proper and proficient work environment for the employees of Company A. Auditing: When a violation is reported to the committee, an appointed representative is required to prepare a report of the described violation. At that time an informal inquiry or a formal investigation shall be started. Any and/or all discoveries and findings will be documented. Documents shall include results of the investigation, including recommendations and/or resolution of the violation. Any abuses found to violate state or federal laws will be reported to authorities without delay. 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