To meet the challenges of the future, it will be vital that the care and support system intervenes early to support individuals, helps people retain or regain their skills and confidence, and prevents need or delays deterioration wherever possible. This guidance sets out how local authorities should go about fulfilling their responsibilities, both individually and in partnership with other local organisations, communities, and people themselves.
For example, eyewitness identification testimony obtained by police; through suggestive means is excluded because suggestion is known to be capable of corrupting witness ability to make an identification reflecting personal experience rather than the suggestion.
This article is intended to help lawyers and expert witnesses understand how well-established legal principles demand the exclusion of suggestion-induced accusations in child abuse cases just as they do suggestion-induced identifications.
The article provides discussion of legal arguments that support the exclusion of accusations obtained through suggestion, an overview of the relevant scientific research literature, and discussion of the admissibility of this research literature.
It also dispels some of the more common arguments offered against the use of relevant scientific research literature to educate courts and juries about the corrupting effects of suggestive interviews. That concern implicates principles of constitutional due process.
Competent and reliable evidence remains at the foundation of a fair trial, which seeks ultimately to determine the truth about criminal culpability. If crucial inculpatory evidence is alleged to have been derived from unreliable sources, due process interests are at risk.
Michaels citing Manson v. It is written for two audiences: The article then presents relevant legal arguments based on this literature that may be used to defend against allegations elicited through suggestive interviewing techniques.
This article explains that well-settled constitutional principles hold that post-suggestion statements should not be admitted in legal proceedings for the same reason that other types of unreliable evidence are legally and constitutionally inadmissible. Specific arguments and procedural mechanisms that could be used to challenge the use of suggestion-tainted testimony are then explained, as are the legal bases for admission of expert testimony regarding the relevant scientific literature.
The article concludes by rebutting criticisms of courtroom use of research on the corrosive effects of suggestive interviews. Definition of legal terms Trial as a means for determining truth In theory, legal trial is method by which the truth about a particular dispute is discovered.
According to our system of jurisprudence, the truth is derived in criminal trial when the state presents its evidence, the defendant challenges that evidence through cross-examination and presentation of contradictory evidenceand the finder of fact be it a judge or juryconsidering both sides, renders verdict that is presumed to reflect the truth.
The state bears the burden of proving its case and establishing, beyond a reasonable doubt, that each and every accusation against a defendant is true. Thus a defendant may sit through a trial without uttering a word. The jury, having been instructed by the trial judge about the elements of the crime charged i.
In reality, however, it is generally necessary for defendants in criminal trials to challenge every piece of evidence offered against them. The right to present evidence, call witnesses, and challenge evidence and testimony presented by the state are all guaranteed to every criminal defendant by the United States Constitution.
To ensure that every defendant is able to do these things, the Constitution guarantees that counsel will be provided to defendants who cannot afford it. One of the most critical constitutional rights assured every defendant is the right to be prosecuted only by reliable evidence.
Just as a conclusion based on bad data cannot be supported, jury verdict based on bad information, such as tainted or adulterated evidence, cannot be supported. Reliability, credibility, and competence Understanding the meaning of reliability in the legal context has proven difficult for many lawyers and jurists, as well as scientists attempting to be heard and understood in a courtroom.
A primary source of this difficulty is the frequent confusion between "reliability" and two other legal terms: Persons are deemed competent if they are sufficiently intelligent to observe, recollect, and recount an event, and have a moral sense of obligation to speak the truth.
The vast majority of people offered as witnesses are deemed -- and are -- competent to testify in a trial.
Competence is presumed, and therefore it only becomes an issue in cases involving young children or individuals whose capacity to observe, recollect, and recount is impaired or undeveloped.
In the context of a trial, credibility determinations are not matters of law to be decided by the trial judge. Rather, the jury is solely responsible for making these credibility assessments. Whether evidence is "reliable" is a legal matter that is decided by the trial judge before the evidence is presented to the jury.
Unlike "competence," reliability does not concern the personal characteristics of witness. Unlike "credibility," reliability does not concern the believability of witness.
Evidence is reliable if it is what it is purported to be. For example, photograph is reliable as evidence at trial if it accurately represents the scene that it purports to represent; that is, the scene of the crime at the time it occurred.
Similarly, if a witness sees the occurrence of crime and then identifies the perpetrator, that identification testimony is reliable because it is what it purports to be: Because there is no way to differentiate between the two, the identification that is made after suggestion is deemed unreliable and inadmissible at trial as a matter of law, and the jury would never hear about it.This paper provides quantitative data that, in many cases, open source software / free software is equal to or superior to their proprietary competition.
The paper examines market share, reliability, performance, scalability, scaleability, security, and total cost of ownership; it also comments on non-quantitative issues and unnecessary fears.
Credibility and Legitimacy of NGOs NGOs are very diverse and by no means are all equally laudable. Some NGOs act irresponsibly and undermine the credibility of the larger NGO movement.
Media and Elections. The media are essential to democracy, and a democratic election is impossible without media. A free and fair election is not only about the freedom to vote and the knowledge of how to cast a vote, but also about a participatory process where voters engage in public debate and have adequate information about parties, policies, candidates and the election process itself in.
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Most importantly, this expanded resume DOES NOT REPLACE THE TRADITIONAL ONE-PAGE . Law and Neuroscience Bibliography Browse and search the bibliography online (see search box below) Click here to learn more about the Law and Neuroscience Bibliography..
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