Criminal Investigation Essays

Criminal Investigation Essays Criminal Investigation Essay Criminal Investigation Essay Midterm Essay CJ21-Criminal Investigation Professor Yocum September 28th, 2010 Throughout the years the sort of violations and measure of wrongdoings carried out has changed essentially and has assumed a significant job in the American culture. What is wrongdoing? As characterized by Frank Schmalleger (2007) â€Å"crime is a direct disregarding the criminal laws of a state, central government or a nearby ward where there is no legitimately worthy legitimization or excuse† (p. 7). Criminal agents have the obligation of seeking after better approaches to make a more secure condition for the network where they serve by social occasion and examining proof found at a wrongdoing scene. It is critical to comprehend the techniques, attitude and wellsprings of data behind an examiners methodology towards a definitive objective of an effective indictment of a guilty party. What is the logical strategy? The logical technique comprises of six unique viewpoints; initial one needs to recognize the issue through assessment. Besides, one should shape a theory about what has occurred from what they may think about the person in question or what they have had the option to assemble from witnesses. Thirdly, gather information through perception and testing by this I intend to look for pertinence of a suspect’s foundation and witness proclamations. Next we have to analyze the theory and information assembled by assessing the proof found. On the off chance that the information underpins the theory, at that point a quest for extra proof might be required. In conclusion, one should reach a determination dependent on all the proof found; in the event that there is reasonable justification this, at that point would legitimize a capture. As a piece of the logical technique, the strategy for request comprises of two general thoughts; remaking the past and finding or making new information, this is done through perception. A few inquiries may get from that including who, what, where, when, why and how. By responding to these inquiries it encourages a specialist to recognize a suspect of a wrongdoing. An examiner must keep up a specific attitude to completely direct an examination; the ideal analytical outlook gives foreknowledge and observation to a specialist. The insightful mentality is an uncertainty or vulnerability. Then again, the ideal attitude of an insightful show is to â€Å"put certain or question† (www. word reference. com). There are various wellsprings of data accessible to help criminal examiners in their endeavors to arraign a guilty party . Notwithstanding, there are three essential sources which outweigh everything else, and these sources are individuals, physical proof and records. As an agent directs his examination he would discover that individuals hold an extraordinary estimation of data from what they see, hear or witness. For instance, a bank theft where somebody has seen, an examiner would acquire nitty gritty data about what that individual watched. In spite of the fact that it might once in a while be hard to recognize the individuals who may have knowledge, it is the examiners duty to inspire a person to uncover such data. Then again, physical proof is an article which can be found at or close to the location of a wrongdoing. Physical proof may not generally be effortlessly found, yet more than likely without the presumes information there is some type of proof abandoned. For instance, at the location of a homicide, there might be no indications of a constrained passage or weapon found at the scene and no evident indications of a battle. Be that as it may, held in the hand of the casualty are follicles of hair and with this physical proof an examiner is practically sure to have gathered the most significant proof of the wrongdoing. Another type of physical proof is a record for instance; a vehicle can be associated with somebody through building up what it's identity is enlisted to by speaking with the branch of engine vehicles. In prior years records were put away utilizing just paper, however with the advances in innovation records these days are put away electronically. Records can be gotten in a few different ways, at the end of the day they all give the data expected to lead an examination. An effective criminal examiner is one who is composed and comprehends the procedure wherein to accumulate relevant proof expected to secure a suspect. Through explicit techniques, a firm outlook and significant wellsprings of data this can end up being viable. In spite of the fact that wrongdoing will never seize to exist through tireless endeavors of criminal examiners and other law implementation we can decrease the measure of wrongdoing perpetrated on a regular premise. References Osertburg, J. W. amp; Ward, R. H. (2007) Criminal Investigation, Fifth Edition: A Method for Reconstructing the Past. Schmalleger, F. (2007) Criminal Justice Today, Ninth Edition: An Introductory Text for the Twenty First Century. Show. (n. d. ). Recovered from http://www. word reference. reference. com/peruse/show

Contrast Media Used in Intravenous Urography

Difference Media Used in Intravenous Urography Presentation Intravenous urogram is otherwise called intravenous pyelogram. It is a radiology technique to see the pee framework including kidney, bladder and ureter. Intravenous urogram is generally assessment permits the specialist to see structures like the cortex, renal, calyceal, renal pelvis, pyeloureteric intersection, bladder and ureteric seepage. Among the issues that can be analyzed along these lines is a bladder contamination, kidney disease, seeping in the pee, tumor, injury to the urinary tract after a serious outer wounds, and a few other related ailments. To complete this assessment, uncommon materials required for these structures can be found in the x-beam pictures. Extraordinary materials that are the difference media. Difference operator is infused into a vein in the body and it will be disseminated all through the body by means of the circulation system, before it is dispensed with by the kidneys. Regularly the complexity specialist is infused through the middle cubital vein, and pictures of a portion of the kidney coming about differentiation picture amalgamation. There are a few sorts of projections utilized in the preliminary of IVU. Projections are as full length KUB, KUB on your paunch, cross-diminish run decreased the renal kidney and upper ureter, sideways to the kidneys, bladder anteroposterior edge of 15 degrees to forestall bladder secured with pubic symphysis and the bladder diagonal. Differentiation operators can be seen straightforwardly on the kidney following infusion and is known as nephrogram. This shows the differentiation operator by glomerular sifted before coming to colyceal framework. It is imperative to analyze the renal diagram, and can identify tumors, blisters or cortical scarring. He likewise delivers starting data about the indication of kidney. Following 5 minutes of an infusion is given, calyces will be loaded up with differentiate operators, which will at that point descend the ureter to fill the bladder. Contraindications Contraindications that ought to be known by the radiographers before any method is as renal colic, renal calculi, stomach torment, stomach medical procedure at the most recent, after the patient conceived an offspring, and the substitution of the kidney. This contraindication is critical to keep away from intricacies that may happen. Understanding readiness before during the assessment Patients are not permitted to drink a couple of hours before urogram assessment. Patients are likewise approached to take a purgative to ensure everything is perfect from the messy material. On the off chance that the patient is taking any prescriptions, for example, circulatory strain medications, patients can keep ingesting these medications except if precluded by a specialist. In the event that the patient is pregnant, the patient ought to be told radiographers working. Intravenous urogram was not performed on patients who are pregnant except if certain crisis cases. Patients will be approached to sign a record. This report is conveying all the dangers, advantages and all the aggregations that can happen. This permits the patient to see all the methods of this investigation. In the event that the patient consents to expect all dangers and comprehend the systems set up, the patient can sign the archives and methods will be completed. Safety measures before utilization of complexity media in intravenous urogram The response can't be relied upon to differentiate media, and all patients ought to be thought about and clean during the procedure. Of enthusiasm to analyze the patient before playing out any methodology ought not be taken lightly. This guide will permit the radiographers to do the procedure. Radiographers should know the indications of the different responses that occur. There are numerous means that must be taken previously, during and after the utilization of intravenous complexity media. The first, radiographers must know the patients wellbeing history. Secondly, if the patient is a patient who had a high hazard, radiographers must utilize low-osmolar differentiate media. Among patients with high danger of the asthma, epilepsy, diabetes, and others. Next, cluster number and expiry date ought to be analyzed interestingly media. In expansion, radiographers must guarantee that the differentiation specialists in body temperature. Radiographers ought to likewise check whether the bundle has disterile. Prior to this difference media minimal, they should know the right systems, checking crisis gear and ability to utilize these instruments, and check the proper volume of complexity, the portion and the right techniques. Intravenous urogram technique Urografi intravenous test was started by requesting that the patient take off attire and wear an emergency clinic outfit provided. Patients are likewise approached to evacuate all adornments that was found in patients. Then the patient will experience blood tests to check whether the patients kidney work is acceptable or not. From that point forward, the patient will be laid on cots or x-beam table. Then, the radiographers will take a x-beam pictures before differentiate medium injection. Injection of complexity media on the patient through an intravenous. An intravenous cannula (IV) is embedded through a vein in the patients arm or hand. Then, the difference medium infused. X-beams are taken at the occasions specified. Several groupings of the film will be finished by the test. X-beam frequencies relies upon the patients kidneys to menurus differentiate media. Normally, the kidneys would regularly channel the difference medium inside 5 to 10 minutes. Pesalit ought to stay a rest between every x-beam is taken. Another imaging procedure will be utilized related to intravenous urogram called kidney tomogram. This is the imaging pictures of patient kidney in the cut condition. Medical attendants will help the radiographers to check the patients heartbeat, breath and circulatory strain continuously. Before the last x-beam is taken, the patient will be approached to purge their bladder. This is to see patients when the bladder is vacant. Intravenous urogram techniques finished when all the tracks obviously show the pee pictures x-ray. The whole methodology takes around 60 minutes. Strategy during infusion During infusion, radiographers must know where the Radiologist or a specialist might be contacted. In expansion, radiographers should continually screen the breath rate, pulse, shading and level of patient mindfulness. Methodology after the infusion Radiographers ought to stay with the patient at the very least 15 minutes.â when the review was made, check whether pesalit can get back securely or not.â do not permit patients to return if there are any confusions. Film succession Intravenous urogram test is one test that should utilize a ton of film. This is on the grounds that the method performed and requires significantly more structure posisisi patients body to be x-ray. Preliminary film is the main film to be taken to the test. Preliminary film utilizing a film of size 14 x 17 inches (43 x 35 cm). The film will be set under the patient.â the patient would lie with the projection AP midsection to incorporate the symphysis pubis and diafgram border. This is to check the patients mid-region was doing stock and to unveil any instance of calcifications of the renal tract. X-beam shaft was focused in the degree of iliac crest. Additional X-beam taken to decide any akkan opacities present in the patients body.â 35 degrees back to the renal area. Preliminary objective was to analyze the patients colon and inside arrangement to see patients. It additionally tries to distinguish the renal situation to decide the introduction factors. It is li kewise to take a gander at issues in kidney patients. At that point radiographers will take x-beam film, called immediate. The film will be taken following infusion of differentiation media. Film size 10 x 17 inches (24 x 30 cm) was utilized to film this immediate. X-beam bar focused between the lower costal edge and xiphisternum. Patients will be in a territory of AP in the zone to see renal patients kidneys when complexity is injected. It plans to show nefrogram, renal parenchyma is opacified by balance medium in patients with renal tubules. The point is to show the film quick renal parenchyma to show neofrogram phase. It is additionally to inspect the size of kidney patients will be extended from the first size after infusion of difference. Following 5 minutes of difference media infused in patients, radiographers will take a x-ray.X-beam called a 5 moment film. Size of film estimating 14 x 17 inches (35 x 43 cm) utilized for this film. Patients in the prostrate AP and AP projeksinya for renal area. After 5 minutes of fulfillment of the infusion of complexity medium to patients, taking X-beams done full KUB shows the urinary system. Taking pictures of x-beam set aside at this effort to decide the patients defecation is even and doesn't have to change the procedure for surveying needs. For model, another differentiation medium ought to be infused when the kidney is less opacification. The reason for a brief film is to think about the progression of differentiation specialist by the different sides of kidney patients. It is likewise to see the patients pelvis system.â 5 minute film is additionally to look at the discharge of evenness in the two kidneys. From that point forward, the film is taken 15 minutes. This film is so named on the grounds that the x-beam is taken after 15 minutes the patient is infused with differentiate media. Film size 10 x 12 inches (24 x 30 cm) utilized for this film. Taking x-beam completed 15 minutes after infusion (10 minutes after the film 5 minutes). The point is to see the renal calyx framework all the more plainly, the weight is on this film arrangement with kolimasi introduction on renal kawaswan. Use of weight rings are not required when the patient shows any sign of renal calculi and in patients after surgery. This is to maintain a strategic distance from injury to the renal patient. Perform head-down position when the weight rings are not utilized. At that point, discharge film taken after the 15-minute film. Size of film estimating 14 x 17 inches (43 x 35 cm) utilized for this film. Taking x-beam done rearward

Learning How to Write a Research Paper Online

Learning How to Write a Research Paper OnlineWhen I started learning how to write a research paper online, I knew that I wanted to try and write as much as possible for my final draft. After learning how to write a research paper online, I noticed that I could follow the tips provided by other people in my field and achieve success. This made me realize that I could go on to write an amazing research paper online.A lot of people wonder what they need to do in order to learn how to write a research paper online. First of all, it's important to decide what type of information you want to include in your research paper. In this article, I will discuss some great resources online that can help you get started.Online- This is one of the most powerful resources available. It allows you to gather information from many different sources. A lot of them will also give you access to different types of sources, so you can easily use the information they provide.Non-financial Journals- There are many publications that are published every day. This includes medical journals, legal journals, business journals, etc. Most of these publications have great content but they only have so much space for each publication. If you are looking for a high quality research paper, look into using non-financial publications to produce one.E-Books- E-books are great resources to find some really good research papers online. You may be surprised to find that many books have very informative content, and they can be updated at anytime. This is also one of the fastest ways to update your knowledge about a certain topic.Educational E-Books- Many people are looking for ways to supplement their education. This is why e-books are becoming extremely popular. Many people learn a ton by reading-books on a daily basis. If you are looking for a resource that has a lot of information but it's a bit more in depth, this is the way to go.Using tips from others- There are many research paper writers online w ho can tell you exactly what you need to do to produce a great research paper online. They have been there, done that, and succeeded. If you follow their advice, you'll get there too.Study Guides- Some guides actually use study guides and books as their main source of information. These guides aren't going to be very detailed, but they can help you find information you need fast. If you don't want to use a guide, a lot of resources out there will provide you with a wealth of information about the topics that interest you.

R. v Blastland [1986] AC 41 - Free Essay Example

Sample details Pages: 17 Words: 4982 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? R. v Blastland [1986] AC 41 Introduction In this case, the Appellant to the House of Lords had been charged with buggery and murder. It was alleged that he had forcibly buggered a 12 year-old boy before strangling him with a scarf. Don’t waste time! Our writers will create an original "R. v Blastland [1986] AC 41" essay for you Create order The Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was that he had attempted to bugger the boy but had desisted when the latter complained of pain. Shortly afterwards, the Defendant had seen an individual referred to only as à ¢Ã¢â€š ¬Ã‹Å"Markà ¢Ã¢â€š ¬Ã¢â€ž ¢ and had fled the scene. It was asserted that this was because he was afraid that he had been seen committing a serious offence. The Defendant alleged that it had in fact been Mark who had committed the offences. In support of this, he sought to call a number of witnesses to give evidence that Mark had been heard to say (before the body was discovered) that a young boy had been murdered. The trial judge ruled that this evidence was hearsay and inadmissible. An application to call Mark and treat him as a hostile witness was also refused. The Appellant was convicted on both counts and his appeal to the Court of Appeal on the ground that the judge had erred in excluding the evidence was refused. He appealed to the House of Lords after certifi cation of two point of law of general public importance: 1) Whether the confession by a person other than the Defendant to the offence with which the Defendant s charged is admissible in evidence when that person is not called as a witness; 2) Whether evidence of words spoken by a third party who is not called as a witness is hearsay evidence if it is advanced as evidence of the fact that the words were spoken and so as to indicate the state of knowledge of the person speaking the words if the inference to be drawn from such words is that the person speaking them is or may be guilty of the offence with which the Defendant is charged. The appeal was dismissed. The House of Lords held that the principle that statements made to a witness by a third party were not excluded by the hearsay rule when they were put in evidence solely to prove the state of mind of the person making the statement or of the person to whom the statement was made applied only where the state of mind evi denced by the statement was directly in issue at the trial or of direct or immediate relevance to an issue in the trial. Their Lordships concluded that Mà ¢Ã¢â€š ¬Ã¢â€ž ¢s alleged knowledge that a boy had been murdered did not fall into either of these categories. It was considered that the manner in which M had acquired the knowledge that a boy had been murdered was a matter of pure speculation as to which the statements of the potential witnesses could have no probative value. It was held per curiam that the admissibility of a statement tendered in evidence as proof of the makerà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge or other state of mind must always depend upon the degree of relevance of the state of mind sought to be proved to the issue in relation to which the evidence is tendered. Rationale of Decision The leading judgment with which there was unanimous concurrence was delivered by Lord Bridge. He began (at 53H) with the basic premise that à ¢Ã¢â€š ¬Ã…“hearsay evidence is not excluded because it has no logically probative valueà ¢Ã¢â€š ¬Ã‚ . The reason for its usual exclusion is the difficulty for even a trained judicial mind, still more a juror in determining what weight should be given to a statement by a person who the jury has not seen and which has not therefore been tested by cross-examination. However, there is an established exception to the rule against hearsay where the purpose of admitting the statement is to prove the state of mind of its maker. However, this principle only applies where the state of mind is either directly in issue or of direct relevance to an issue in the trial. This latter proposition was established in Thomas v Connell (1838) 4 M W 267 and the à ¢Ã¢â€š ¬Ã¢â€ž ¢classicà ¢Ã¢â€š ¬Ã¢â€ž ¢ case of Subramaniam v Public Prosecutor [1956] 1 WLR 965. The principle was applied by the Court of Appeal in R v Willis [1960] 1 WLR 55. Lord Parker CJ (at p.59) referred with approval to Subramaniam stressing the issue of relevance: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦provided the evidence as to his state of mind and conduct is relevant, it matters not whether it was in regard to his conduct at the time of the commission of the offence or, as here, at a subsequent timeà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  In Lloyd v Powell Duffryn Steam Coal Co Ltd [1914] AC 733 concerned a claim for compensation on behalf of a posthumous illegitimate child. The mother asserted that the putative father had told her that he intended to marry her in good time before the birth. This was supported by the deceasedà ¢Ã¢â€š ¬Ã¢â€ž ¢s landlady and another who claimed that he had expressed to her his intention to marry. The judge at first instance admitted these statements as declarations against self interest. This was overturned by the Court of Appeal but the House of Lords returned to stress the consideration of relevance. Lord Moulton held (at p.751): à ¢Ã¢â€š ¬Ã…“It can scarcely be contested that the state of mind of the putative father and his intentions with regard to the child are relevant to the issueà ¢Ã¢â€š ¬Ã‚ ¦the attitude of mind of the putative father is that from which alone one can draw conclusions as to the greater or less probability of his supporting the child when born, and therefore evidence to prove that attitude of mind must be admissible if it be the proper evidence to establish such a fact.à ¢Ã¢â€š ¬Ã‚  Counsel for the Appellant Blastland placed particular reliance upon Ratten v The Queen [1972] AC 378 in which the disputed evidence was that of a telephone call placed by a murdered wife introduced to rebut the evidence of the Defendant husband who asserted that the shooting of his wife was an accident and that he rather than she had telephoned for assistance. The Privy Council allowed (at p.388) that the weighing of such evidence should be left to the jury: à ¢Ã¢â€š ¬Ã…“The knowledge that the caller desired the police to be called helped to indicate the nature of the emotion anxiety or fear at an impending emergency. It was a matter for the jury to decide what light (if any) this evidence, in the absence of explanation from the appellant, who was in the house, threw upon the situation which was occurring or developing at the time.à ¢Ã¢â€š ¬Ã‚  It was argued that the wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s statements in Ratten were analogous to the statements of Mark in Blastland and should not therefore have been excluded. Lord Bridge refused to accept this reasoning arguing that the telephone call was important not only for what was said but as an act in itself since it contradicted the Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence; that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s denial that the call had been made led to a powerful inference that he had been in the room when it was made and that the making of the call and the wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of fear evidenced by it were directly relevant to a critical issue in the trial namely the husbandà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim t hat the shooting was accidental. He concluded (at p.59B) that à ¢Ã¢â€š ¬Ã…“there are no analogous considerations applicable in the present case.à ¢Ã¢â€š ¬Ã‚  Thus Lord Bridge arrived at the view that a consideration of the relevant authorities did à ¢Ã¢â€š ¬Ã…“nothing to displace the opinion [he] expressed earlier as a matter of principle that the evidence here in question was rightly excludedà ¢Ã¢â€š ¬Ã‚ . So far as the second certified question was concerned, after expressing concern that it was to widely framed (at p.62), he reached the conclusion that it would only be safe to hold that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦the admissibility of a statement tendered in evidence as proof of the makerà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge or other state of mind must always depend on the degree of relevance of the state of mind sought to be proved to the issue in relation to which the evidence is tendered.à ¢Ã¢â€š ¬Ã‚  In a commentary upon Blastland at [1985] Crim LR 727 (at 72 8), the commentator poses the difficult question of whether evidence of knowledge is therefore automatically hearsay: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦partly because of the complicating factor that the fact which the declarant purports to know is going to be one which can be established by other evidence before the enquiry into the speakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of knowledge beginsà ¢Ã¢â€š ¬Ã‚ ¦The external guarantee of veracity ought to be a help, but it may lull us into a false sense of security in approaching the question of whether [a partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s] claim to à ¢Ã¢â€š ¬Ã¢â€ž ¢knowà ¢Ã¢â€š ¬Ã¢â€ž ¢ the undisputed fact is hearsay.à ¢Ã¢â€š ¬Ã‚  Such interesting considerations aside, it may be argued that the decision itself in Blastland does little to advance an understanding of the law in this area: this is principally as a result of the House of Lords sidestepping the issue by distinguishing the earlier authorities and using the à ¢Ã¢â€š ¬Ã¢â€ž ¢escape route à ¢Ã¢â€š ¬Ã¢â€ž ¢ of lack of relevance on these particular facts. TRIAL BOOK Introduction This is an appeal from the Court of Appeal (Criminal Division). The Appellant, Douglas Blastland appeared before Bush J and a jury at Lincoln Crown Court charged with buggery contrary to section 12(1) of the Sexual Offences Act 1957, the particulars of the offence being that on 9th December 1982 he committed buggery with Karl James Fletcher, a male person aged 12 years, and with the murder of the said Fletcher. He pleaded not guilty to both counts and after a trial was found guilty on both counts by majority verdicts and was sentenced to life imprisonment on both counts. His appeal against conviction was dismissed by Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Connor LJ, Macpherson and Evans JJ who certified that two points of law of general public importance were involved in their decision: 1) Whether the confession by a person other than the Defendant to the offence with which the Defendant s charged is admissible in evidence when that person is not called as a witness; 2) Whether evidence of words spoken by a third party who is not called as a witness is hearsay evidence if it is advanced as evidence of the fact that the words were spoken and so as to indicate the state of knowledge of the person speaking the words if the inference to be drawn from such words is that the person speaking them is or may be guilty of the offence with which the Defendant is charged. Issues in the Case The central issue in the case concerns the potential evidence of a third party known only as à ¢Ã¢â€š ¬Ã…“Markà ¢Ã¢â€š ¬Ã‚ . It was the Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence at trial that he had attempted the buggery of Fletcher but had desisted when the latter complained of pain. Shortly after these events, the Appellant saw Mark and suspected that he had witnessed the attempted buggery which is in itself a serious criminal offence. The Appellant asserted that it was in fact Mark who was th e perpetrator of both the buggery and the murder. The Appellant sought at trial to adduce evidence in support of this contention in the form of statements from witnesses to the effect that following the death of Fletcher but before discovery of the body, Mark had been heard to say that à ¢Ã¢â€š ¬Ã…“a young boy [had] been murderedà ¢Ã¢â€š ¬Ã‚ . Those statements were ruled inadmissible as hearsay and an application to call Mark and treat him as a hostile witness was refused. The appeal turns upon the status of such evidence: there is a well established exception to the rule against hearsay in relation to statements which are evidence of the state of mind of the accused. If the Appellant is able to establish that the statements of his witnesses fell into this category, they should not have been deemed inadmissible. Since this is an appeal to the House of Lords, there is no question of the introduction of any new evidence. The validity of the original convictions was tested by t he Court of Appeal and the Appellant was unsuccessful. The hearing before their Lordships will therefore consist of submissions only which must be directed at and limited two the two certified points of law. Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissions The statements made by Mark are evidence that he knew before the disappearance of Karl Fletcher had been reported to the police that a young boy had been murdered and that before the body was discovered he knew of the murder, the circumstances in which the victim had left his house and where the victim lived. That state of knowledge is evidence from which, if it had been left to the jury, such a jury might have reasonably inferred that it was Mark that had perpetrated the buggery and murder. If such an inference had been drawn, there would then inevitably have been the requisite reasonable doubt of the Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s guilt on both counts and he ought therefore properly to have been acquitted. Evidence of Markà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of knowledge could have been given by three witnesses: Nellie Anne Sherriff; John William Sherriff; and, June Annely Atkin. At first instance, Bush J ruled that their evidence was hearsay and therefore inadmissible. It is essential to consider the nature of hearsay. The use of words is capable of being a fact in its own right. This is independent of considerations of the veracity of the words spoken. The well established authorities of Subramanian v Public Prosecutor [1956] 1 WLR 965 and Ratten v The Queen [1972] AC 378 support the proposition that the state of a persons knowledge is to all intents and purposes the same as his state of mind. Evidence of state of mind is a fact and thus properly excluded from the rule against hearsay and it therefore follows that evidence of a particular state of knowledge should be similarly treated. It is conceded that the evidence of state of mind must be relevant to an issue in the case. It might be argued that in this case, the state of mind of Mark was not relevant to the central issue in the case, namely whether the Appellants was guilty of the offences with which he is charged but that argument is refuted: there exists physical evidence linking Mark to the offences his presence at or near the scene on the night in question, an injury to his penis and the presence of mud on his trousers. It is correct that a jury should be invited to draw inferences from such factors. It is therefore submitted that the statements made by him to the witnesses were similarly facts from which a jury might properly draw inferences in the same way. As a result of the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision to exclude the statements of these witnesses, the jury was left with only a partial set of facts from which to draw inferences. Although the appeal to the Court of Appeal was unsuccessful, the Court expressed the view that had such material been left to the jury a conviction would have been à ¢Ã¢â€š ¬Ã…“improbableà ¢Ã¢â€š ¬Ã‚  and was clearly sufficiently concerned to certify the issue as a matter of public importance. If the Court of Appeal had admitted the disputed evidence it therefore follows that it would in all probability have then been required to hold the convictions unsafe and unsatisfactory. It is instructive to consider what the position would have been had Mark himself been charged with these offences. In addition to statements to the witnesses, he made certain admissions to the police. These are inadmissible as a confession exception to the hearsay rule because he has not been charged. However, in the event that he had been the Defendant, those admissions would have been admissible. It is conceded that even in these circumstances, the statements to the witnesses would not have been admitted as exceptions to the hearsay rule. However, they would have been admissible as primary evidence; specifically, that he had knowledge of certain facts at the time that the statements were made. In such circumstances, there is no offence to the hearsay rule since the evidence is evidence of a particular state of knowledge and is no t relied upon to establish the veracity of any fact stated. The authority of Ratten (supra) is particularly persuasive. In that case, the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s wife had been killed by the discharge of a cartridge from a shotgun indisputably held by the appellant at the time. The time of shooting was established by independent evidence as between 1.12pm and 1.20pm. The appellant asserted that he had been cleaning the shotgun and it had discharged accidentally. He claimed that following the à ¢Ã¢â€š ¬Ã…“accidentà ¢Ã¢â€š ¬Ã‚  he had telephoned for an ambulance. However, the evidence of a telephonist at the exchange was that at 1.15pm she had received a call from a woman who was hysterical and sobbing requesting the police. Lord Wilberforce held the evidence of the telephone call admissible because it was directly relevant to the issue and was part of the res gestae. It was relevant because it tended to show that contrary to the evidence of the appellant, a call was made immediately before the shooting thus casting doubt upon the veracity of the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s account. It was further held that the evidence was admissible because the evidence of the wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s emotional state might entitle a jury to draw the inference that she was in a state of fear. By analogy with Ratten therefore, the evidence of Mr and Mrs Sherriff and Ms Atkin should have been admitted. There is a direct comparison to be drawn between the state of mind evinced by the wife in that case and the state of mind manifested by Mark in this case. Although as a decision of the Privy Council, the case is not strictly binding upon this House, the composition of the Board (Lords Reid, Hodson, Wilberforce, Diplock and Cross) elevates it to the status of highly persuasive authority. The case of Reg. v Moghal (1977) 65 CrAppRep 56 is also of weight and relevance to this appeal. In that case, only two parties had been present during the murder of the victim Sadiga and Moghal. At his trial, Moghal claimed that Sadiga had carried out the killing and that he had been no more than a terrified spectator. The evidential argument centred upon a tape-recording of a family meeting some six months earlier in which Sadiga had expressed her hatred of the victim and her determination to kill him. Following the conviction of Moghal, the Court of Appeal held that the tape recording was admissible on the ground that her state of mind at the time that these statements were made was relevant to the Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence. This therefore represents a further example of a situation in which state of mind is admitted as a fact from which a jury can draw such inferences as it deems appropriate. Although a civil decision, authority for the same proposition can be drawn from Lloyd v Powell Duffryn Steam Coal Co Ltd [1914] AC 733. That was a case concerning a claim for compensation brought by the mother of a child of a workman who was killed during the course of his employment. The parties had not married but evidence was available to the effect that prior to his death the deceased had stated his intention to third parties to marry the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother. The House of Lords admitted evidence of the words spoken to prove his à ¢Ã¢â€š ¬Ã…“beliefà ¢Ã¢â€š ¬Ã‚  (Lord Atkinson), his à ¢Ã¢â€š ¬Ã…“knowledgeà ¢Ã¢â€š ¬Ã‚  (Lord Shaw) or his à ¢Ã¢â€š ¬Ã…“state of mindà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“attitude of mindà ¢Ã¢â€š ¬Ã‚  (Lord Moulton) which were provable not only as a result of direct action but also on the basis of what he had said to other people. Finally, in Reg. v Roberts (John Marcus) (1984) 80 CrAppRep 89 both the trial judge and the Court of Appeal were prepared to hold that evidence from someone who had heard words spoken by someone who was not a party to a crime which were sufficient to demonstrate a knowledge of the crime were capable of giving rise to an inference that the speaker had som e involvement in the commission of the offence. In all the circumstances, therefore, the statements made by Mark to the witnesses should be admitted. They are significant in two respects: they serve to show not only that he knew of the crime but, by virtue of the fact that they were made variously before the announcement of the disappearance and before the finding of the body, they demonstrate a state of knowledge that can only have been possessed by someone with at the very least a close connection to the events which form the basis of the indictment. It should be stressed that it is not sought to introduce these statements as in any way probative of the veracity of the allegation that Mark committed the offences, rather they go only to his state of mind. However, that coupled with the physical evidence, should have been sufficient to persuade a jury of reasonable doubt as to the guilt of the Appellant. Their exclusion renders the convictions unsafe and unsatisfactory. Respon dentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissions The attempt to argue that it is sought to introduce the statements purely to demonstrate the state of mind of Mark is disingenuous. The object of the introduction of this evidence is clearly to persuade a jury that the Appellant was not guilty not by virtue of some other factor such as the perceived truth of his alibi but rather by introducing the concept that it was Mark who was himself guilty of the murder. In those circumstances, it is a combination of his apparent knowledge of certain details and other potentially incriminating physical evidence which is supposed to lead to an inference of his guilt. When viewed in this context, the evidence is not limited to state of mind but is an attempt to demonstrate that he had knowledge of the offences. A statement as to knowledge of the offences should properly be regarded in the same light as evidence of an admission which, unless the speaker is charged, offends against the rule against hearsay an d is inadmissible. No distinction should be made between out of court statements related in evidence to prove a fact directly and the their recounting to demonstrate a state of knowledge which, if the necessary inferences are drawn, proves the same fact indirectly. Reg. v Gunnell (1886) 16 Cox CC 154 is authority for the proposition that this offends against the basic rule of hearsay. If such evidence is admitted, the jury ay be misled into believing that the drawing of such inferences is legitimate and should be accorded the same weight as other aspects of the evidence in the case. This is demonstrably not the case particularly by virtue of the fact that this is evidence which cannot be weighed in the same way as direct testimony and cannot be challenged by cross examination. If such evidence were to be admitted as a matter of course, it opens the possibility of collusion and fabrication for example, witnesses could be prevailed upon to deliver perjured testimony of statements allegedly made as to knowledge of offences to which a jury would then attach an inappropriate degree of weight. Next, there is a risk that trials would become prolonged and descend into consideration of a myriad of secondary issues as a result of the parties arguing over the interpretation that should be attached to particular statements. The authorities cited by the Appellant are distinguishable in the present case. For example, in Ratten the telephone call from a woman in distress served directly to disprove the assertion of the Appellant that he had called for an ambulance. The fact of such a telephone call from the home of the victim was highly persuasive of the contention that the shooting had not been an accident. Most compelling of all is the distinction to be drawn between the position of the maker of the statement in that case who might reasonably be assumed to have been the victim and Mark in this case upon whom it is attempted to fix responsibility for the offences. Th e prejudice that will be suffered as a result of a jury being allowed to draw such inferences of guilt elevates this case into an entirely different category. The potential mischief that would be caused by allowing the introduction of hearsay in this case is out of all proportion to the benefit that was achieved in Ratten by admitting evidence of the extraneous factors of the telephone call and the distress of the wife. In any event, however distinguished the composition of the Board in that case, a decision of the Privy Council is not binding upon this House. In Moghal, the passage relied upon by the Appellant was obiter. Further, this authority is far ore complicated upon its facts than the bald dictum would tend to suggest. Sadiga had initially been jointly charged with Moghal but had been successful in an application for a separate trial at which, for reasons which are not altogether clear, she was acquitted. The admission of the tape recording of the family conference had no t been the subject of a formal application at the original trial but had merely been canvassed by the judge and it may well be that the appellate court was influenced by a desire to remedy any injustice which this may have been perceived to cause. It should be borne in mind particularly that Sadiga was on any view intimately connected to the circumstances of the commission of the offence and was herself also charged with murder. There is therefore a sharp distinction to be drawn between her position and that of Mark in this case. Reliance should be placed upon the example of Mawaz Khan v The Queen [1967] 1 AC 454 in which two defendants were jointly charged with murder. The primary evidence was circumstantial. They had both made statements to the police providing the same alibi and the Crown called direct evidence to prove its falsity. In a direction to the jury, the judge at first instance stated: à ¢Ã¢â€š ¬Ã…“A statement which is made by an accused person in the absence o f the other is not evidence against the other; it is evidence against the maker of the statement but against him onlyà ¢Ã¢â€š ¬Ã‚ ¦if you come to [the conclusion that there was an attempt to fabricate a joint story] then the fabrication of a joint story would be evidence against bothà ¢Ã¢â€š ¬Ã‚ . This direction was the subject of an appeal but this was ultimately dismissed by the Privy Council. Therefore, while the state of mind of co-accused in concocting a false alibi might properly be used as evidence against them on the basis of the inferences that can be drawn from that fact, the indirect statements of Mark tending to demonstrate a knowledge of the crime belong in an entirely different category and represent a far lower order (and therefore unsafe) level of proof. The Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s submissions in respect of Reg. v Roberts (John Marcus) (1984) 80 CrAppRep 89 are similarly fallacious. It is suggested that because the statements were put in evidence to sho w state of knowledge and for that limited purpose only, they could not be described as hearsay. However, it is submitted that the correct rational of the decision is as follows: If the statements were put in solely to prove knowledge, they would not be excluded as hearsay; Such statements cannot be put in evidence as the basis of an inference as to a source of knowledge for which there was no rational foundation; The knowledge, per se, was of no relevance to the issue of whether the appellant was guilty of the murder. It is submitted that this is the correct approach in this case. The critical issue is that of relevance. The central issue in the case is the guilt or innocence of the Appellant on the counts of buggery and murder. There is other evidence upon which a jury (albeit by a majority) was satisfied beyond reasonable doubt of the guilt of the accused. The attempt to introduce the evidence of the statements made by Mark should be regarded as not germane to that central question. While it is fair to acknowledge that proof beyond reasonable doubt that Mark was solely guilty of the offences would exonerate the Appellant, the evidence which it is sought to adduce falls far short of that. It is significant that by contrast with, for example Moghal, Mark has never been charged with the offences. Indeed, on the contrary, his attempts on occasion to make certain admissions of guilt to the police were disregarded. Against that background, the mischief that would be done to the operation of the rule against hearsay by allowing evidence of statements made to third parties cannot be justified by reference to the probable probative value of such evidence which is wholly dependant upon an inference of guilt where there is no direct evidence of the same. The attempt to characterise these statements as facts rather than statements is a fiction. They should be regarded for what they are words which are put forward as tending to prove the truth or otherwise of their own subject matter. In those circumstances, there can be no clearer breach of the hearsay rule. Disposal If the appeal succeeds, the convictions in respect of buggery and murder should be quashed. The Appellant had attempted at trial to plead guilty to attempted buggery. In the event of a successful appeal, that plea should be accepted and the Appellant either sentenced by the House of Lords or the case should be remitted to the Court of Appeal. Obviously, in the event of the appeal being dismissed, the existing lif e sentences will stand. Bibliography R. v Blastland [1986] AC 41 Case Comment, [1985] Crim LR 727 Malek, H., (Ed.), Phipson on Evidence, (16th Ed., 2005) Murphy, P., Murphy on Evidence, (7th Ed., 2000)

How Media Bias Is Becoming Increasingly Popular Throughout...

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The Electoral And Electoral College - 1756 Words

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Romeo and Juliet What is the dramatic significance of Act 3, Scene 1 Essay Example For Students

Romeo and Juliet: What is the dramatic significance of Act 3, Scene 1? Essay Act 3, Scene 1, in my opinion, is the pivot point in the play. This is the most important part in the play as before the scene there was hope for the two lovers. After this scene there is no hope and fate takes control. This fight scene shows Mercutio, Romeos friend, killed. Shakespeares Mercutio is a lively and entertaining character in the play, so for Mercutio to be killed is a very dramatic and shocking part of the play. Mercutio was a hero in the play so for Shakespeare to kill him off so early shows that Shakespeare felt that for the play to develop, something sensational had to happen, that being Mercutio and Tybalts death. Mercutio, misguided about honour, challenges Tybalt to a fight after Romeo declines against Tybalt. Mercutio calls Romeos refusal to fight, vile submission and dishonourable. These are harsh words as Mercutio fights Tybalt and under Tybalt under Romeos arm thrust Mercutio in. Mercutio is slain, or killed, because of Romeo. Being the loveable, entertaining character he is, Mercutio makes jokes about how hurt he is, Ask for me tomorrow and you shall find me a grave man. Though a darker side of the play is emerged as Mercutio, having been hurt, curses Montagues and Capulets, A plague on both your houses ! Mercutio, a dying man, curses them three times, which gives the play a dark and ominous fate. Romeo, angry having heard about Mercutios death, kills Tybalt for revenge. This was a very angry, stupid and doomed death from Romeo. Had Romeo controlled his anger, things would have turned out very differently. His words, O, I am fortunes fool , are from after Romeo has killed Tybalt. Romeo cries these words when the full impact of what he has just done, strikes him. This is a crucial part of the play as Romeo realises that he has killed Juliets cousin. Romeo thinks he is going to be executed, therefore the end of all happiness for him. Romeo, instead of blaming himself with his emotions and how Tybalt made him feel ashamed, he blames fortune. He was a man who was at the peak of happiness, but then fortune span her wheel and he has lost everything. Romeo also does not blame himself for the mistakes he has made. His secret marriage to Juliet of the Capulet family, his own familys sworn enemy, had earlier prevented him from accepting the challenge of a duel made by Tybalt. His secret marriage had also made him weak as he feels Tybalt being Juliets cousin should love and that he loves him. If Tybalt had not have killed Mercutio, Romeo would not have sought vengeance for his death and retaliating by killing Tybalt. If this did not happen, the Friar would not have had to conduct a plan involving Juliet and poison. Act 3, Scene 1 shapes the rest of the play so shows how dramatically significant it is.