Essays on Expert Witnesses

Introduction

Miscarriage of justice is defined as the wrongful convictions of people due to the control of the police department and the prosecution during the investigation or pre trial when the individual could be proven innocent. This kind of injustice has been experienced throughout the world a good example is Australia in cases such as the Andrew mallard conviction, Lindy chamberlain Creighton conviction in 1982, Farah Jama conviction in 2008 and Terry Irving conviction in 1993. There are many factors that contribute to wrongful convictions in areas such as Australia. These factors are false confessions, eyewitness identification and testimony, tunnel vision, ...

Writing a case brief is a task that should be done with high degree of concentration and accurateness to address the issues and matters in question in a manner that they will appear completely correct. A case brief is of great importance as it gives a background and platform to a case so as to fully inform the involved of the case at hand. As such, it represents the exact actions that occurred and hence it is of great importance for it to be written in the most correct format and omission of words and making mistakes should be avoided completely. This is important ...

Expert witness vs treating therapist

There are many sorts of witness; some of the most important ones happen to be the Expert and the Therapist. The input of an expert witness validates the legal decisions at a tribunal (Campbell 2011). The expert is guided by facts and law; they are impartial to the person being trialed. On the other side, is the treating therapist, the professional witness, who regards only the patient’s health (Higgens 2007). The therapist can circumstantially be regarded as a witness because she is guided by the best interest of the patient (Reid 2010). Between both witnesses and how they present evidence, ...

Forensic evidence and testing relates to the analysis of evidence obtained from the crime scene through a vastly technical or scientific process (Buckles, 2007). Such as so, it requires a highly trained or skilled person to do the analysis; such persons for evidentiary purposes are referred to as expert witnesses. Expert witnesses are very critical in the criminal justice as without their expertise a lot of crimes would remain unresolved (Saferstein, 2011). However, due to the technical nature of the evidence, it is difficult to ascertain the authenticity and admissibility of such evidence.

Accordingly, there are basic standards set to guide the ...

Daubert vs. Merrell Dow Pharmaceuticals, Inc.

Argued March 30, 1993

Decided June 28, 1993 Parents of two little children filled a complaint stating that medicine, produced by Merrell Dow Pharmaceuticals, Inc. and taken by children’s mother during the pregnancy caused children’s serious birth defects. During the trial, both sides had expert witnesses. The expert witnesses of Merrell Dow Pharmaceuticals, Inc. presented statistical data, scientific articles and analysis of the medicine that proved that it does not influence woman’s pregnancy at all. On the other hand, expert witnesses of the Dauberts provided the court with “reanalyzed” data, results of experiments on ...

The trial of Priscilla Van Acker

Introduction (Abstract) As the prosecuting attorney in this case, it is imperative to reiterate the fact that my brief essentially entails ensuring that the ends of justice are met. In that breadth, I wish to submit that it is not justice if the interests of the complainant and indeed in this case the prosecution are served without due consideration of the accused’s interests. Ideally, balancing the two contrasting and conflicting interests would be the most essential in this case. That notwithstanding I wish to deliver my side of the bargain. It is my contention that indeed the ...

When scientific methods are used in the process of preserving, collecting, validation, identification, analysis, interpretation, documentation, and presentation of digital evidence from digital sources, then the process is called digital investigation. The evidence may be used to facilitate the construction of events deemed to be criminal or are in contrast with the laid down procedures. Digital investigations for an organization differ to digital investigation for law enforcement because of the procedure adopted. Different models of operation have been suggested depending on the complexity of the situation. Digital investigations arise as a result of an occurrence suspected, attempted or ...

When you turn on the television, radio, or open the local newspaper, you are overwhelmed with news of arrests, murders, homicides, and other tragedies. There are manythings that I don’t agree with in today’s society but, out of all the wrong doing that takes place, I believe murder including the death penalty is the worst of them. I am strongly against the deathpenalty because it violates God’s rules, costs the tax payers too much money, and possibly the “wrongly accused,” may have to die because of the cruel and unusual punishment of the death penalty. ...

Definition of terms

Locality Rule- This is the law used to measure health care providers and their omissions or actions on the threshold of how other similar professional in the field practicing in the same community act under the same circumstance of the case. Standard of Care- This is the average degree of care, diligence and skill practiced by members of the in same profession, who are in the same locality in accordance with the current or modern state of medical and surgical science.

Medical customs-Procedures and methods used by physicians that are acknowledged and acceptable by members of the medical profession

Introduction The cardinal objective of health care laws is to safeguard patients from substandard medical treatment ...

The case before the court faces Mr. John Robinson and Mr. Jim Harrison. Mr. John Robinson is being accused of the murder of Jane Clark and robbery at the Mayfair Bank. Mr. Jim Harrison is accused of being an accomplice in the crimes committed by Mr. John Robinson. There are several ordinary and two expert witnesses to offer sufficient direct, circumstantial and scientific evidence and ensure that the accused persons are convicted of the crimes of homicide and robbery. The first witness is Mr. Bill Simpson the assistant to the deceased head teller Jane Clerk. Jane Clark was ...