DOCSLIB.ORG

Criminal Law for Paralegals: Chapter 8 Introduction

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Criminal Law for Paralegals: Chapter 8 Introduction Criminal Law for Paralegals: Chapter 8 Introduction Tab Text Chapter 8 Crimes Against the Person Introduction This chapter addresses crimes against the person. It defines the various crimes against the person, ranging from assault to murder, and presents the elements necessary to establish the crimes. Criminal activity requires a guilty mind/intent (mens rea) and guilty act (actus reus). Simply thinking about committing a crime is not sufficient to constitute criminal conduct; a person must also commit a criminal act. The category of crimes discussed throughout this chapter are the most serious crimes that can be committed; crimes against the person affect the safety of our entire society and, thus, receive the harshest of punishments. Lecture Notes Tab Text Homicide Homicide is the killing of one human being by another, without justification (authorization or self-defense) Mens Rea & Actus Reus (guilty mind + guilty act) Mens Rea = Intent General Intent: Most crimes are general intent crimes, that is, the defendant intended to act and that act resulted in some criminal activity. Example: Kent flew into a rage when he found his wife in bed with another man. He immediately started yelling and randomly throwing objects across the room. One of the objects he threw hit his wife in the head, knocking her unconscious. Kent is charged with the crime of battery, even though he did not have the specific intent to harm his wife, his actions resulted in injury to her. Specific Intent: Certain crimes, such as murder and rape, require that the prosecution prove that the defendant specifically intended to cause the resulting harm (e.g., holding a gun to a person’s head with the intent to kill him). Unconscious Acts: Unconscious acts that result in injury lack the intent necessary for criminal actions. Example: Joe, a diabetic, lapsed into a diabetic comma while driving on the highway. His vehicle crossed the medium and ran head-on into an oncoming vehicle, killing a father and his young daughter. The state did not prosecute Joe for manslaughter because his actions were unintentional. Strict Liability Offenses: Strict liability offenses make an action illegal without regard to intent. The most common is statutory rape (sexual intercourse with a minor). With such crimes, the defendant’s state of mind is irrelevant to the criminal action. Example: Chance, a 26 year-old, has sexual intercourse with Jessica, a 16 year-old. Chance is prosecuted for statutory rape, even though at the time of the encounter, he believed that Jessica was 18. Murder Unlawful killing of another human being with malice aforethought First-Degree Murder: Premeditated murder (consciously considering in advance how to commit a crime) Elements: 1. The unlawful killing 2. of a human being by another 3. with malice aforethought 4. and with deliberation, specific purpose, or premeditation Key Element: Premeditation is the key element in first-degree murder. It is the intentional and deliberate decision to take another’s life that constitutes first-degree murder. Second-Degree Murder: Malice murder. Malice is the unlawful, deliberate intention to kill a human being without excuse, justification, or mitigation. Key Element: The difference between first-degree murder and second-degree murder is the penalty. First-degree murder carries a life sentence and often the death penalty. Manslaugher Voluntary Manslaughter: Intentional killing committed in the heat of passion or with provocation “Cooling off Period”: If the defendant had the opportunity, however slight, to “cool off,” then the killing may be premeditated and therefore, murder. Statements v. Actions: Statements, without more, are generally not sufficient to constitute sufficient provocation for killing. Involuntary Manslaughter/2nd degree Manslaughter: Criminally negligent homicide. The defendant generally causes the death of another because of his reckless or wanton disregard for safety. Example: Keith is traveling 55 miles an hour in a 25 mile an hour “school zone.” As he rounds a curve, he hits and kills an 8 year-old girl, crossing in the sidewalk. He is charged with “negligent homicide.” Key Element: No intent to harm is necessary for a charge of involuntary manslaughter. Paralegal Practice Tip: Analyze the records, including police reports, witness statements, etc. to determine if there was any time period, however slight, that could be considered a “cooling off” period. Assault and Related Offenses The difference between assault and battery is touching. An assault is an attempted touching, where no actual touching occurs. However, the threat of an “offensive touching” is real - the defendant has the ability to carry out the threat. Battery: Battery occurs when there is an unlawful intentional offensive touching, either by the defendant or by an object that the defendant is holding (e.g., a baseball bat). Unlawful Touching: A lawful touching occurs when a person has a legal right to touch another (police officer arresting a suspect) or implied consent (doctor treating a patient) or actual consent (boxer agrees to fight another boxer) exists. Offensive Touching: To determine what an offensive touching is, we consider what a reasonably prudent person would consider to be offensive. It is not necessary that the touching harmed the victim. Aggravated Assault/Battery Aggravated assault or battery occurs when: 1. Defendant is engaged in another crime (e.g., shooting during bank robbery) 2. Defendants assault/batters a protected group (e.g., law enforcement) 3. Victim suffers serious bodily injury (e.g., brain damage) 4. Battery/assault committed with deadly weapon Child Abuse: Child abuse and neglect is one of the most disturbing crimes today. Children are helpless to defend themselves and often are intimidated into silence by their violators. Legislators are taking a more aggressive role in punishing those who are neglectful or abusive of our children. However, many of these incidents continue to go unreported. Mayhem: Mayhem is the malicious and intentional disfigurement of another. Mayhem can be coupled with aggravated battery. Kidnapping: Kidnapping occurs when there is an unlawful taking/confinement, with asportation (movement) by the use of force, threat, fraud or deception. Key: The distinction between kidnapping and false imprisonment is movement - movement of the victim occurs with kidnapping and is, therefore, subject to harsher penalties. (Rationale: It is more difficult to find a victim if she has been moved and it is much more difficult for a victim to escape her captors if she is unfamiliar with her surroundings). Example: Macy’s boyfriend entices her to go on a picnic with him to a the local lake. On the way, he begins to threaten her and tell her that he expects her to “put out” for him when they get there. She begins to cry and tells him that she wants to go home. As soon as she expresses her desire to be “released” from the car and he fails to do so, a kidnapping has occurred, despite the fact that she initially consented to go with him to the lake. False Imprisonment: False imprisonment is the intentional restraint of another by use of threats or force. False imprisonment does not require that the victim be physically restrained; in fact, false imprisonment most commonly occurs when a victim is threatened, coerced, or tricked. Example: A young mentally handicapped man named Radio is repeatedly harassed by members of the local high school football team. One afternoon, the two members of the team force Radio to stand on a diving board platform. They tell him that if he moves from the platform, they will “clobber” him. He stands on the board for 4 hours before the football coach discovers him. Stalking: Stalking occurs when an individual repeatedly harasses his victim (threatening notes, following, constant telephone calls, etc.) and causes emotional distress. Paralegal Practice Tip: When stalking occurs, clients should be advised to record all incidents of harassments, including but not limited to the following: (1) advise client to report all incidents to police, (2) save harassing messages, keep track of incidents with a notebook, (3) if cell phone calls are received, keep the record of calls received, (4) get caller ID, (5) do not give out ANY information on the phone. Identity Theft: Increasing, identity theft is occurring throughout the country. Identity theft occurs when a person “steals”/uses without permission the identity of another person. It can have long term effects on a person’s credit and, thus, their ability to buy a house, own a car, or a variety of other issues may arise. Application Tab Text Try the following. These do not have to be turned in. 1. Locate your state statutes on homicide. Using the element analysis tools mentioned in the chapter, break down the homicide statute into its essential elements. 2. Locate a recent murder case in the local newspaper. Match the actions of the case to the elements of murder as set out in this chapter. What charge would be justified? Why? 3. Based on your review of the Fortner, Marbles, and Kline cases (Appendix), list the crimes against the person that each defendant has committed. It often helps to understand the imposition of the death penalty and homicide law in general if you can acquire the statutes in your state that set out the crime of homicide. If there is a separate statute authorizing the imposition of the death penalty, locate that statute. There are a great many misconceptions about the imposition of the death penalty, and you will benefit from an understanding of what the process is in your own states. In all states only the jury can impose the death penalty. Normally the jury does this in a second bifurcated trial that comes at the conclusion of the guilt and innocence phase of the trial. Usually most states require that some form of aggravating circumstance be present in a case before a jury would be authorized to impose the death penalty.
Load more

Recommended publications
  • TK TK TK TK the Change in Spain Is Mainly On
    THE BUSINESS JOURNAL OF FILM, BROADCASTING, BROADBAND, PRODUCTION, DISTRIBUTION JANUARY/FEBRUARYJUNE/JULY 20102011 VOL. 3031 NO. 41 $9.75 In This Issue: A SusskindTK of TV Latin TVTK Directory ATF’s GentleTK Touch ToiletSección Paper en inEspañol Europe ® www.videoage.org Caracol’s TelenovelaTK Unfolds The ChangeTK In Spain Is Daily On andTK Off TV Screens Mainly On The Air By Dom Serafini TK By BoB JenkinheS Although, as David Esquinas, Research f Colombia’s Caracol planned to broadcast a telenovela on the Santo Domingo affaele Annechino, senior and Strategic Resources director at By Dom Serafini family, it would not be fiction, but reality: A real life telenovela produced by vice president and general Spanish ad agency Optimedia pointed rgentina’s the family itself, since it owns the Bogotá-based TV network. manager, MTV Iberia, out, even though “The final move to All the ingredients for a telenovela are there: Fabulous fortune; beautiful expressed his belief that, digital was made in April, this is a process “Spain is currently one people jet-setting around South America, North America and Europe, (Continued on Page 22)18) and a patriarch. Plus, of the most drama, love, nobility and T interesting, if glamour. Wrote The New York not the most interesting, MiracleTK NATPE I Rbroadcast markets in the Post last year in its popular “Page Comparing two marketsTK in Miami Beach: 1994, 2011 A world. This,” he explained, Six” gossip column, “The Santo “Is because all of the he above headline doesn’t refer to NATPE Domingos Take New York.” hris 2011, even though its renewed success could changes that are happening The patriarch in this case is be attributed to a miracle.
    [Show full text]
  • A Textual Analysis of the Closer and Saving Grace: Feminist and Genre Theory in 21St Century Television
    A TEXTUAL ANALYSIS OF THE CLOSER AND SAVING GRACE: FEMINIST AND GENRE THEORY IN 21ST CENTURY TELEVISION Lelia M. Stone, B.A., M.P.A. Thesis Prepared for the Degree of MASTER OF ARTS UNIVERSITY OF NORTH TEXAS December 2013 APPROVED: Harry Benshoff, Committee Chair George Larke-Walsh, Committee Member Sandra Spencer, Committee Member Albert Albarran, Chair of the Department of Radio, Television and Film Art Goven, Dean of the College of Arts and Sciences Mark Wardell, Dean of the Toulouse Graduate School Stone, Lelia M. A Textual Analysis of The Closer and Saving Grace: Feminist and Genre Theory in 21st Century Television. Master of Arts (Radio, Television and Film), December 2013, 89 pp., references 82 titles. Television is a universally popular medium that offers a myriad of choices to viewers around the world. American programs both reflect and influence the culture of the times. Two dramatic series, The Closer and Saving Grace, were presented on the same cable network and shared genre and design. Both featured female police detectives and demonstrated an acute awareness of postmodern feminism. The Closer was very successful, yet Saving Grace, was cancelled midway through the third season. A close study of plot lines and character development in the shows will elucidate their fundamental differences that serve to explain their widely disparate reception by the viewing public. Copyright 2013 by Lelia M. Stone ii TABLE OF CONTENTS Chapters Page 1 INTRODUCTION ..............................................................................................
    [Show full text]
  • Legal, Literary, and Journalistic Textualities of Gender Violence in Post-War Nicaragua DISSERTATION P
    Mediated Intimacies: Legal, Literary, and Journalistic Textualities of Gender Violence in Post-War Nicaragua DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Alicia Zoe Miklos, M.A. Graduate Program in Spanish and Portuguese The Ohio State University 2015 Dissertation Committee: Ileana Rodríguez, Advisor Ignacio Corona Laura Podalsky Copyright by Alicia Zoe Miklos 2015 Abstract My dissertation examines representations of femicide as gender violence in legal, journalistic, literary, and online cultural production in contemporary post-war Nicaragua. I begin with the passing of Law 779, the Integral Law Against Violence Towards Women, approved by the Nicaraguan National Assembly in February 2012. The law fills a legal vacuum in the country by codifying femicide, as well as sexual, psychological, patrimonial, and labor abuse into Nicaraguan law as gender specific crimes. Prohibiting the long-standing practice of police and judicial mediation between accusers and aggressors, Law 779 set out to endow women with judicial agency in what had been largely hostile and re-victimizing institutional spaces. The focus of the project is cultural, examining representations of gender violence as part of a social dialogue about Law 779, covering a variety of textual realms. The goal of the project is to explain how different mediums and social actors explain gender violence by studying discourse and narrative modes. The debate centered on Law 779’s re-balancing of power relations and its controversy stemmed from its challenge to existing family structures, which disguise masculine authority and impunity. The inertia of the status quo proved strong, with Law 779 being reformed and regulated between 2012 and 2014, reverting its original radical spirit.
    [Show full text]
  • Winners BAFTA Children's Awards Announced Big CBS Prime Wants To
    Inside TV International 280 November 26 - December 2, 2010 weekly magazine with a focus on content www.insidetv.info [email protected] I N T INTERNATIONAL E Winners BAFTA Children’s FremantleMedia ap- R points Kim Ardal as MD N A Awards announced of Blu in T The British Academy of Film and Television Arts has Denmark - p. 2 I NBC Universal Interna- Body Of Proof 4 unveiled the winners of the 2010 Children’s Awards. In O the Animation category Aardman Animations’ ‘Shaun The tional signs deal with N Sheep’ (CBBC) won. The BAFTA for best Comedy went to Canadian Lark A L ‘Horrible Histories’ (Lion TV/Citrus TV/CBBC) and best Productions - p. 3 Drama was CBBC’s ‘Tracy Beaker Returns’; while in the 2 Entertainment category CBBC’s ‘Relic: Guardians of the Museum’ was the winner. At the International front Nick- elodeon’s ‘The Penguins of Madagascar’ won the BAFTA. F (cont. page 2) FICTION Archer 5 Acorn Media acquires I Greenlit shows - p. 5 C Dexter close to renewal T Big CBS Prime wants to - p. 6 I Endemol signs distribu- O Indianise international shows tion deal for Leverage N Big CBS Networks, a joint venture between Reliance - p. 6 Broadcast Network Limited and CBS Studios Interna- 3 7 tional launches this week Big CBS Prime, an English general entertainment television channel for the Indian sub-continent.A key component of BIG CBS Networks’ programming strategy is to Indianise international shows KIDS for its Indian viewers. There is hardly any localization of Galaxy Pop is working K international formats in India, considerably limiting the on new comedy series I potential of consumer engagement.
    [Show full text]
  • Levin 1 Representations of Victims, Suspects and Offenders: a Content
    Levin 1 Representations of Victims, Suspects and Offenders: A Content Analysis of Four Television Crime Shows Jessica Levin University of Colorado at Boulder Sociology Department Spring 2013 Honors Committee Members: Dr. Joanne Belknap, Sociology (Chair) Dr. Liam Downey, Sociology Dr. Tracy Ferrell, Program for Writing and Rhetoric Levin 2 ABSTRACT This study draws on Social Learning Theory and uses a content analysis to critically examine the representations of victims, suspects and offenders on fictional crime television shows. Specifically, four such shows were studied: Law and Order: Special Victims Unit, Criminal Minds, Body of Proof and Rizzoli & Isles. Although some previous research assessed the representations of suspects and offenders on fictional crime television series, examination of the representations of victims is rare, and to date, no study has included such an extensive list of variables. There were two units of analysis used while coding. Coding of the entire show included the year of the episode, number of victims, number of suspects, number of offenders, type of crime and time of the crime. The second unit of analysis included individual victims, suspects and offenders. An extensive range of demographic data was recorded for each victim, suspect and offender. The results from this study indicate that a very narrow lens is used in television fictional crime show portrayals of victims, suspects and offenders. The findings include a relationship between the type of crime and the television show, the victims’ gender and survival rate, the victims’ race/ethnicity and socioeconomic status, the victims’ hair color and whether they were drugged, and the victims’ survival and whether they had children with the defendant.
    [Show full text]
  • Amazon Originals Hand of God and Red Oaks Receive Greenlight for Full Seasons
    Amazon Originals Hand of God and Red Oaks Receive Greenlight for Full Seasons October 3, 2014 New shows come from critically-acclaimed and award-winning creators Marc Forster (World War Z) David Gordon Green (Pineapple Express) and Steven Soderbergh (Traffic); casts include Ron Perlman (Sons of Anarchy), Dana Delany (Body of Proof), Paul Reiser (Mad About You), Jennifer Grey (It’s Like, You Know) and Richard Kind (Luck) LONDON 3rd October 2014 - Amazon today announced two more original pilots will return exclusively to Prime Instant Video next year as full series. Dramatic thriller, Hand of God written by Ben Watkins (Burn Notice) and created by Marc Forster (World War Z) along with Steven Soderbergh’s (The Knick, Traffic) coming-of-age comedy, Red Oaks, will become the next Amazon Original Series following rave customer reviews of the pilot episodes. What customers are saying: Hand of God “From the opening credits to the final scene, I was completely hooked and entertained. This may be Ron Perlman's best role yet.” “Perhaps the most thought provoking series since Breaking Bad.” “Brilliant pilot! It had me hooked from the first scene. I love the complexity of each of the main characters and the intensity of the storyline. Dana Delany and Ron Perlman both turn in wonderful performances. I hope we get to see more of this.” Red Oaks “This show is like a piece of 80's gold that found its way into the 21st century.” “I am really picky when it comes to good comedy, and this show had me in stitches by the 4th minute.” “Excellent.
    [Show full text]
  • Literally, Right Before Aaron
    SCREEN MEDIA FILMS PRESENTS LITERALLY, RIGHT BEFORE AARON A RIZK PICTURES PRODUCTION & IS THIS REEL FILM Directed, Written, and Edited by Ryan Eggold Theatrical Release Date: September 29, 2017 Running Time: 101 minutes Rating: Not rated Trailer: https://youtu.be/5zxz7JqyPyY Official Website: www.rightbeforeaaron.com Facebook: www.facebook.com/screenmediafilm Twitter: www.twitter.com/screenmediafilm To Download Materials: https://www.dropbox.com/sh/lb294xlzpd7uv0k/AABUTe- K5qWhBgZlIiOtubh_a?dl=0 Publicity/Press Contact: New York Los Angeles Falco Ink. Prodigy PR [email protected] Alex Klenert, [email protected] [email protected] Hanna Frankel, [email protected] Produced by Cassandra Kulukundis, Ryan Eggold, Alexandra Rizk Keane, Nancy Leopardi, Ross Kohn Co-Produced by Marcus Cole Associate Produced by Sean Rappleyea Starring Justin Long, Cobie Smulders, Ryan Hansen, John Cho, Kristen Schaal, Dana Delany, Peter Gallagher, Lea Thompson, and Luis Guzmán SYNOPSIS After Adam (Justin Long) gets a call from his ex-girlfriend Allison (Cobie Smulders) telling him she is getting married, Adam realizes he is just not ready to say goodbye. Against the advice of his best friend Mark (John Cho), Adam decides to drive back home to San Francisco to attend the wedding in hopes of convincing himself and everyone else, including her charming fiancé Aaron (Ryan Hansen), that he is truly happy for her. After a series of embarrassing, hilarious, and humbling situations, Adam discovers the comedy in romance, the tragedy of letting go and the hard truth about growing up. RYAN EGGOLD, DIRECTOR STATEMENT The disparity between the fantasy of love and the reality of relationships has always fascinated me.
    [Show full text]
  • JUSTIFYING VIOLENCE in TELEVISION CRIME DRAMAS a Thesis Submit
    CALIFORNIA STATE UNIVERSITY, NORTHRIDGE UNDER COLOR OF AUTHORITY: JUSTIFYING VIOLENCE IN TELEVISION CRIME DRAMAS A thesis submitted in partial fulfillment of the requirements For the degree of Master of Arts in Communication Studies By Steven Gibson May, 2014 The thesis of Steven Gibson is approved: ________________________________ __________________ Peter J. Marston, Ph.D. Date _______________________________ __________________ John M. Kephart, III, Ph.D. Date _______________________________ __________________ Gina Giotta, Ph.D., Chair Date California State University, Northridge ii Dedication To the Communication Studies professors at CSUN who taught me to question my assumptions. iii Table of Contents Signature Page ii Dedication iii List of Tables vi Abstract vii Chapter I: Introduction 1 Who is Violent in Television Crime Dramas 1 What Television Violence this Research Highlights 5 When Television Violence has been Researched 7 Where Television and Society Overlap 9 How this Research Contributes to the Field 12 How this Research Presentation is Structured 14 Chapter II: Literature Review 17 Historical Perspectives on Media Violence 17 Media Violence 22 Content Analysis of Media Violence 26 Defining Violence 29 Color of Authority on Television 33 Relevance of the Literature to the Study 39 Chapter III: Methodology Discussion 40 Research Design 40 Research Questions and Hypotheses 41 iv Data Universe and Sample Selection 42 Content Analysis 47 Units of Analysis 48 Categorization and Coding Scheme 49 Validity of Study 52 Ethical discussion
    [Show full text]
  • 2015 Pilot Production Report
    Each year between January and April, Los Angeles residents observe a marked increase in local on-location filming. New television pilots, produced in anticipation of May screenings for television advertisers, join continuing TV series, feature films and commercial projects in competition for talent, crews, stage 6255 W. Sunset Blvd. CREDITS: space and sought-after locations. 12th Floor Research Analysts: Hollywood, CA 90028 Adrian McDonald However, Los Angeles isn’t the only place in North America Corina Sandru hosting pilot production. Other jurisdictions, most notably New Graphic Design: York and the Canadian city of Vancouver have established http://www.filmla.com/ Shane Hirschman themselves as strong competitors for this lucrative part of @FilmLA Hollywood’s business tradition. Below these top competitors is FilmLA Photography: a second-tier of somewhat smaller players in Georgia, Louisiana Shutterstock and Ontario, Canada— home to Toronto. FilmL.A.’s official count shows that 202 broadcast, cable and digital pilots (111 Dramas, 91 Comedies) were produced during the 2014-15 development cycle, one less than the prior year, TABLE OF CONTENTS which was the most productive on record by a large margin. Out of those 202 pilots, a total of 91 projects (21 Dramas, 70 WHAT’S A PILOT? 3 Comedies) were filmed in the Los Angeles region. NETWORK, CABLE, AND DIGITAL 4 FilmL.A. defines a development cycle as the period leading up to GROWTH OF DIGITAL PILOTS 4 the earliest possible date that new pilots would air, post-pickup. DRAMA PILOTS 5 Thus, the 2013-14 development cycle includes production COMEDY PILOTS 5 activity that starts in 2013 and continues into 2014 for show THE MAINSTREAMING OF “STRAIGHT-TO-SERIES” PRODUCTION 6 starts at any time in 2014 (or later).
    [Show full text]
  • Mammone to Star in Supernatural Thriller 4/2/14 11:17 AM
    Mammone to star in supernatural thriller 4/2/14 11:17 AM VISIT OTHER INTERMEDIA SITES Search QUICK LINKS: IF Magazine Production Book IF FX Quarterly Home What's On In Production Production Book Professional Courses Survey IF FX PR Wire Film Distribution Television Digital Content Funding Festivals Production Video Content Marketing HotWare International Giveaways Advertise Film Reviews Partners Contact us Jobs News Categories In Production PR Wire (5534) Film (812) Production (314) Television (5) Marketing (2) Digital Content (93) Festivals (262) | Funding (181) Distribution (515) Most Recent Articles Mammone to star in supernatural thriller Aussies win $US70,000 in online competition [Mon 31/03/2014 11:43:27] First titles announced for SFF By Don Groves Australian films B.O. scorecard Fresh from playing the lead in Fat Tony & Co, Robert Mammone will play a homeless man Sneezing Baby Panda set for release in China who is confronted by a malevolent presence on a late-night commuter train in Bunny. Vale David Hannay Most Popular Articles This Week The supernatural thriller is due to start shooting in Sydney in May, the feature directing debut of US screenwriter Peter Schink, who wrote and was associate producer on the 2010 Newbie joins Strangerland cast pic Legion, which starred Paul Bettany and Dennis Quaid. Vale David Hannay Mammone, who came back last week after playing a Greek general in Russell Crowe’s The Gibney set to tackle The Killing Field Water Diviner, will also serve as an executive producer on Bunny. BBC First brings out the stars Screen Australia funds See-Saw Films, Goalpost The plot revolves around a group of strangers on the train who find the body of a young Pictures features junkie.
    [Show full text]
  • Principles of Evidences by Jon Smibert
    principles of evidence Jon Smibert Principles of Evidence Jon Smibert, J.D., LL.M. (Lond.) United States Department of Justice Pristina 2014 1 Publisher: United States Department of Justice Office of Overseas Prosecutorial Development, Assistance and Training Office of the Resident Legal Advisor United States Embassy, Pristina © Jon Smibert 2014 No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without the prior written approval of the Author or the United States Department of Justice, unless such copying is expressly permitted by the relevant copyright law. Translation: Linda Baleta (Albania), Julija Ivanovic (Serbian) Special Assistance: Benina Kusari Printing: Xhad Studio, Pristina 347.97/99 Smibert, Jon Principles of Evidence / Jon Smibert ; translacion Linda Baleta (albania), Julija Ivanovic (serbian).- Pristina : United States Department of Justice, Office of Overseas Prosecutorial Development, Assistance and Training, 2014.- 238 f. : ilustr. me ngjyra ; 21 cm. Glossary : f. 225-238 1. Baleta, Linda 2. Ivanovic, Julija ISBN 978-995-8686-2-4 2 To Arta 3 4 Principles of C riminal Evidence Introduction 7 Part I – Understanding Evidence and its Qualities 1) What is proof? 13 2) How is proof obtained? 25 3) Inferences and Objectives. 45 4) What is the quality of proof? 59 5) Review 81 Part II – Challenges and Inferences 6) How can proof be challenged? 89 7) Inferential Evidence: Judicial Notice, Judicial Admissions, and Presumptions. 111 8) Inferential Evidence: Statistical Evidence 125 9) Inferential Evidence: Expert Opinion Evidence 161 Part III – The Body of Evidence 10) The Essence of Evidence: Critical Thinking and Logic 189 11) A Holistic Approach to Evidence 211 12) Epilogue 219 Glossary 225 5 6 Principles of C riminal Evidence Introduction Any legal action requires evidence, especially in a criminal proceeding.
    [Show full text]
  • Sonja Sohn, Actress, the Wire (July 18, 2012)
    The Criminal Justice Conversations Podcast with David Onek Episode #37: Sonja Sohn, Actress, The Wire (July 18, 2012) Listen at www.law.berkeley.edu/cjconversations DAVID ONEK: Welcome to the Criminal Justice Conversations Podcast, a coproduction of Berkeley Law School and the Berkeley School of Journalism. I’m your host, David Onek. Criminal Justice Conversations, recorded in the Berkeley School of Journalism studios, features in depth interviews with a wide range of criminal justice leaders: law enforcement officials, policymakers, advocates, service providers, academics and others. The program gets behind the sound bites that far too often dominate the public dialog about criminal justice to have detailed, nuanced conversations about criminal justice policy. Today’s guest is actress Sonja Sohn. Sohn starred as Police Detective Kima Griggs on HBO’s The Wire, the series chronicling life on Baltimore’s streets. After The Wire ended, we cofounded Rewired for Change, a nonprofit supporting at risk youth in Baltimore from the same streets portrayed in The Wire. In 2011, Sohn testified before the US Justice Department’s National Taskforce on Children Exposed to Violence, also known as the Defending Childhood Taskforce, about her own exposure 1 to violence as a child. She is a two time NAACP Image Award nominee and recipient of the Harvard Black Men’s Forum 2011 Woman of the Year Award. These days, Sohn can be seen playing homicide detective Samantha Baker on ABC’s Body of Proof. And she joins us from a Baltimore studio this morning. Sonja Sohn, welcome to the program. SONJA SOHN: Hi. ONEK: Sonja, as you know, I’m a huge fan of The Wire, and we will talk about the show a little bit, but I want to start by asking about Rewired for Change.
    [Show full text]