Bad Character Evidence Case Study

Bad Character secern Case StudyThe objective of this newspaper publisher is to demonstrate what a bad tone try out(BCE) is and whether Liam Parrishs(LP) BCE of previous assents should be admitted at trial.The definition and admissibility of BC is governed by the miserable justice motivate 2003(CJA).1 BC is determined as evidence of, or of a disposition towards bobble or evidence of a tendency towards misconduct.2 Misconduct is defined as the commission of the offence or other reprehensible behaviour.3LP is a non-defendant, this is springy as the admissibility of the BCE of non-defendants is governed by s.100.4When divvy uping what is admissible the Court need to be awake(predicate) of the danger of breaching the right to a fair trial.5 Also, the Court is required to consider a non-exhaustive list of factors in assessing whether the character is of real(a) vastness.6Drug stubbornnessThe first relinquish is whether the offence of drug possession will be regarded as BCE and whether it should be admitted at trial. It is a vital element to the oddball as a whole since Adam Harris(AH) stated that LP was a drug bargainer. This assertion was reinforced by Rose Matthewss who confirmed it in her recital as well.On the one hand, it merchant ship be argued that his trust can be regarded as old since it was committed in 2008. As erect out in s.100(3)(c)(ii) his drug doctrine takeed that LP was a drug dealer and this confirmed his alleged misconduct. Per Yaxley-Lennon7 drug possession can be regarded as having substantial probatory value in similarity to his credibility, which is an important solvent in the case. Also, the Court when assessing the probative value of evidence should take into servant some relevant factors.8 The older the incident, the less probable it is to try a longing and therefore it will be inadmissible.On the contrary, the age of the credence can illustrate how long LP has been dealing with drugs. Therefore, his convict ion can be regarded of substantial sizeableness to the context of the case as a whole. As drug dealers often find themselves surrounded by dangerous people. LP alleged that did not see who his attacker was, so its a possibility that he may be attacked by someone else rather than AH.Therefore, LP previous conviction of drug possession is more likely to be admissible as it has a substantial probative value in relation to something which is two a event in bring on in the proceedings and is of substantial importance in the context of the case as a whole.9 shockThe aid issue is whether LPs previous conviction for assault could be admitted. This is potentially formed part of the chain of past misconduct which might prove a propensity to commit similar offences. Therefore, propensity to commit this fount of offence may be a calculate in issue amongst prosecution and defence.10It could be admitted under s.100(1)(b) as it is a effect in issue and his propensity to be violent has a probative value. In Braithwaite11 the Court held that BCE in relation to the avowes was relevant both to their propensity to act aggressively and to their credibility.12 So, in this case, LPs assault conviction may show a propensity to act aggressively as well. Thus, it would be a matter in issue to establish whether AHs statements were true. There are similarities between AHs statements (when he stated in the police interview that LP tried to lessened Rose) and the conviction itself.This could be regarded as very important as to a matter in issue with substantial probative value that LP has a propensity to be violent. Moreover, the fact that the conviction is recent makes it more likely to be admissible.13CredibilityThe propensity to untruthfulness may be a matter in issue between the prosecution and the defendant.14 Credibility will ever be an issue to some extent in any prosecution.15 In the case ofGoddard16 was established that only convictions of probative value and of subst antial importance could be admitted.As shown by the facts, LP had pleaded not guilty unsuccessfully to be acting in self-defence to an unprovoked attack. However, his argument was dismissed by the Court and it was found that LP had started the fight.Furthermore, he lied under oath for an explain in his third conviction. Therefore, LP previous convictions can be admitted as evidence to show his propensity for untruthfulness and thus his credibility.17Credibility is an issue of substantial importance and what sort of convictions are capable of requireing credibility can be found under s.100. In Andrew18 the Court held that under s.100(1)(b)(i) creditworthiness of a witness is an important matter in issue.19The test of creditworthiness being a matter in issue with substantial importance to the case illustrated in the leaders case of Brewster.20 Pitchford LJ set out a two-stage test. Firstly, if it is shown that creditworthiness is an issue of substantial importance. The second quest ion is whether the BC relied upon is of substantial probative value in relation to that issue.21 The test for whether previous convictions have probative value on the issue of creditworthiness will depend on the number, nature and age of the convictions.22Applying this principle to LPs creditworthiness, the conviction of preventing the course of justice and the fact that he pleaded not guilty should be admitted since is an issue of substantial importance. The convictions were relevant to credibility in the wider sense that they would affect a fair-minded jurys assessment of the standing of the witness.23ConclusionSince LP is deceased, to examine his character the jury should be entitled to looked LPs convictions as cumulatively to get a more complete picture of LPs character.24The strongest argument is the intervening of justice conviction for two reasons. It is a recent conviction and it has direct effect on LP creditworthiness. The weakest point is LPs drug conviction as it is fro m 2008. However, it was illustrated that it can be argued to show how long LP has been dealing with drugs.BibliographyPrimary SourcesTable of casesR v Andrew S 2006 EWCA Crim 1303R v Anthony Weir Others 2005 EWCA Crim 2886R v Brewster Cromwell 2010 2 Cr App R 20R v Campbell2007 1 WLR 2798Regina v Leigh Goddard 2007 EWCA Crim 3134Table of formula UKCriminal Justice deed 2003Table of Legislation EUEuropean Convention on Human Rights 1950Secondary SourcesBooksDurston G., Evidence (2nd edn, Oxford University advocate 2011)Glover R and Murphy P., Murphy On Evidence (14th edn, Oxford University Press 2015)Munday R., Evidence (8th edn, Oxford University Press 2015)Journal Articles Blair S., Criminal routine 2016 SHRJ 721 Criminal Justice Act 2003.2 Ibid, s.98.3 Ibid, s.112 (1).4 Ibid, s.100.5 European Convention on Human Rights 1950, Article 6.6 Ibid, s.100 (3).7 R v Anthony Weir Others 2005 EWCA Crim 2886.8 Criminal Justice Act 2003, s.100 (3) (b).9 Criminal Justice Act 2003, s.100 (1) (b).10 Criminal Justice Act 2003, s.103 (1) (a).11 R v Braithwaite 2010 EWCA Crim 1082.12 Ibid, 13 (Lord Justice Hughes).13 Criminal Justice Act 2003 s.100(3).14 Ibid, s.101 (1) (d).15 R v Campbell 2007 1 WLR 2798.16 Regina v Leigh Goddard 2007 EWCA Crim 3134, 13 (Lord Justice Gage).17 Gregory Durston, Evidence (2nd edn, Oxford University Press 2011) 179.18 R v Andrew S 2006 EWCA Crim 1303.19 Ibid, 7 (Lord Justice Laws).20 R v Brewster Cromwell 2010 2 Cr App R 20.21 Ibid, 23 (Lord Justice Pitchford).22 Criminal Justice Act 2003 s.100 (3).23 R v Brewster Cromwell 2010 2 Cr App R 20, 24.24 Scott Blair, Criminal Procedure 2016 SHRJ 72, 6.

Juvenile Delinquency: Psychological Concepts

Juvenile Delinquency Psychological ConceptsAbstractThe prolonging screen leave be used to depict the psychology of a teen delinquent in comparison to that of an individual that is considered to be normal. Various perspectives exit be taken as well. For example, thither will be a direct comparison amidst the male and female population of certain age groups in regards to guilt. Aside from gender, which will be the initial comparison, opposite factors such(prenominal) as race and location of upbringing will be evaluated. Ideally, the es check out will prove that delinquency is directly correlated to environs and upbringing. This will focus particularly on the age group of 12-17. there will be many divers(prenominal) sources of statistics. some will constitute that many delinquents have endured traumatic, livelihood-changing events that contribute to these irrational and usually dangerous behaviors. feasible motives will also be questi sensationd (for example revenge, ad renalin rush, gang affiliation, etc.). in that location will be a portion dedicated to evaluating the brain itself and which part are affected during the course of certain activities. There are virtually theories that state delinquency is base upon genetics and acquired at birth, as remote to a engageed behavior. This will be addressed and, ideally, disproved.And finally, the psychology of different types of crimes will be taken into account. For example, one that has partaken in gun fury most give carely has a different psychological mindset than a teen that stole from a store.Ultimately, the paper will conclude reminding the referee of the most valuable statistics to suggest that there are many contributions to jejune delinquency, and that these must be taken into account, should a unripe person somebody hold up a mistake in his or her life.IntroductionThroughout explanation lot have attempt to explain why a person would commit crimes. Some consider a life of crime intermit than a regular job- at least until they are caught (Bettmann/Corbis). Is It true to say that much often than not, such behavior as an adult began when one was merely a teenager or even materializationer? Certainly. In what is noted to be the cycle of violence, the causes of delinquency are adopted and proceed throughout generations of a family. In this cycle of violence, neglected and abused shaverren evidence signs of delinquency and later become criminals as adults. Because of this, these acts of violence must shell out as an outcry to s psychological disorder (as opposed to a personal decision).Scientifically speaking, researchers have discovered a correlation between neurochemical substances of the brain and criminal behavior. Those who commit crimes have lower levels of serotonin- which leads to calm a person- and higher levels of dopamine (which expresses aggression). Therefore it is inaccu respect to claim that juvenile delinquency (or all crime, for that ma tter) is nothing more than someones irresponsible decision based upon factors such as money and gang affiliation.When a child grows up in a poor family environment, he or she will often make for to a gang instead. Receiving nothing at home, the young individual seeks a gang, where he or she may acquire different level of extol from the other members. Gangs, which in actuality are only based upon a entrust for materialism (drugs, alcohol, money, etc), al counsels require crime to be committed. Because a young individual finally feels a degree of acceptance, he or she will not turn d make a request to commit a crime and risk losing position in the gang. These behaviors and gang involvement follow one throughout their lifetime, once more continuing the cycle of violence. These teens are unknowingly making criminals of the future generations of their families by being in gangs themselves.statistical OverviewDespite the fact that juvenile delinquency is still problematic in the United States, there have been statistical declines since the 1990s (particularly in instances of convulsive crimes). Between 1994 and 1999, there was a thirty-one percentage decline in rape, a fifty-three percent decline in robbery, and a 39 percent decline in correlation to arrests for weapon violations (Archer, 240).These numbers reduce into the early twenty-first century, as well. Between 1992 and 2001, there was a 62 percent decrease in the rates of manslaughter among adolescents, a forty percent decrease in burglary, and a fifty-one percent decrease in auto theft (Archer, 240).However, despite the fact that overall crime was decreasing, the rate of crime among the female population has skyrocketed. Since the early 1990s, the rates of female judicatory cases have affixd approximately eighty-three percent. Majority of these offenses are not related to violence, though. On the contrary, most adolescent females are arrested for either rails away from home or for prostitution.Beh avior in Regards to DelinquencyThe hereditary and environmental factors play a considerable role in the suppuration of delinquent and criminal behavior. As the individual grows older alongside the influences of his or her norm, negative behaviors may develop as well. Those that tend to commit crimes tend to show signs of traits such as aggressiveness or constantly playing impulsive. Such traits demonstrate the desire to defy authority, which is obviously evident in every criminal.Aside from those characteristics, one who becomes a delinquent is typically more societally withdrawn and reserved. More often than not, these are caused by a traumatic event or series of events in the delinquents childhood. As he or she grows up, he will be characterized by a genius of defiance and with skewed vision of the well-disposed norm. Because the delinquent is not, brotherlyly speaking, resembling to others, becoming social or talking to others is greatly difficult. However, this is irrele vant, for many delinquents evacuate unnecessary social contact altogether. Many criminals are centrally based and disregard the well-being of others (tied tightly into the idea of solitude), Aside from this, he or she will be very self-centered and focusing on ones own well-being.Despite behavioral patterns that may be going on for generations, there is a way to alter these mental standings in certain people in order to help them stray away from the negativities of a life of crime. One of the most significant therapeutic methods is to find a way to help the delinquent comprehend and relate to the idea of nurturing, beneficial social connections with other people. This is the final result of a potentially long butt of assisting a delinquent to help with his or her mental state of being. separate Factors Regarding DelinquencyA study done within the Psychology plane section of the University of South Carolina at Charlotte shows that cases of insomnia result in a deterioration of inh ibitions and an increase of reckless behavior.However, aside from this, one of the most significant contributions would be the social relations of ones life. According to the social learning theory, processes occurring in daily social interaction provide the proximal nexus at which these casual factors fulfill to exert their influence (Lahey, 27).Rationality for the Juvenile Legal SystemIt is greatly debated whether children and teenagers caught committing crimes should endure the same extents of punishment that an adult committing the same crime would receive. Some rationalize that the brain of adolescents are not fully developed, and and so not completely responsible for juvenile delinquency. It is possible that there is a scientific, chemical relation to an adolescents inhibitions (Corriero, 48).There are many areas, however, that disagree. In many states, a young child may go on trial at the age of 13 and may be tried for murder as young as the age of 14 (Corriero, 35). In Okl ahoma, for example, a child as young as the age of seven may be held accountable for crimes, no matter what the degree of severity. This is highly arguable and debated in many states. On one hand, the child is personally responsible for the crime. As a result, he or she should be punished just like anyone else would (if for nothing else, then for the sake of learning). On the other hand, the child should not be held accountable for wrongdoing, for he or she does not have a brain that is fully developed. Putting a youngster in lock in or forcing them to deal with the law at such a young age may prove to me highly unbeneficial. He or she does not have a fully developed mind and may therefore be manipulated by dark experiences, thus increasing ones chance of restate delinquency at a later date.All states hold trials against the young quite harshly in all states. In the United States, there are 200,000 youth younger than the age of eighteen that are tried as adults. Of this statistic, approximately twelve percent of the delinquents are under the age of sixteen (Corriero, 35).In older times, children were punished as brutally as adults. However, as time progressed and psychological studies deepened, it showed that much of the traditional actions were ineffective. In its place, a greater concern was being directed towards delinquents. As opposed to punishment in itself, those imprisoning or looking after delinquents must make certain(p) that the child see the error of his ways and acquire a solid knowledge of the differences between right and wrong. The off stop was not meant to only be imprisoned and isolated, but reformed. This significant change within the American courts ended up changing the psychological studies of delinquents for the remainder of time. Delinquents are often prone probation as opposed to jail time, for many within the court governance felt they must endure the real world to better learn to establish themselves.

History of statistics and its significance

floor of statistics and its signifi tail endceHistory of Statistics and its SignificanceStatistics is a relatively new subject, which ramify from Prob might Theory and is widely apply in areas such as Economics and Astrology. It is a logic and mannerology to measure uncertainty and it is use to do inferences on these uncertainties (Stigler, 1986). The history of Statistics can be first gearly traced covering to the 1600s. John Graunt (1620-1674) could be considered as the pioneer of statistics and as the author of the first book regarding statistics. He published Natural and Political observations on the Bills of deathrate in 1662 whereby he was studying the plague outbreak in capital of the United Kingdom at the time requested by the King. Graunt was asked to come up with a system that would allow them to detect threats of further outbreaks, by keeping records of mortality and causes of death and making an estimation of the population. By forming the life table, Graunt find that statistically, the balance of male to females are al close to equal. Then in 1666, he collected info and started to examine life expectancies. All of this was fundamental as he was arguably the first to create a condensed life table from swelled data and was able to do some analysis on it. In addition, this is widely used in life restitution today, showing the richness and significance of Graunts work (Verduin, 2009). Another reason why this is probatory is because of his ability in demonstrating the value of data collection (Stigler, 1986). Then in 1693, Edmond Halley extensive Graunts ideas and formed the first mortality table that statistically make the birth between age and death rates. Again, this is used in life insurance (Verduin, 2009).Another contributor to the formation of statistics is Abraham De Moivre (1667-1823). He was the first somebody to signalize the properties of the normal curve and in 1711, introduced the notion of statistical independence (Verd uin, 2009). In 1724, De Moivre studied mortality statistics and laid down foundations of the theory of annuities, inspired by the work of Halley. This is significant as annuities are widely used in the Finance industry today, in particular, when forming actuarial tables in life insurance. De Moivre so went on to talk about the idea of the normal scattering which can be used to approximate the binomial dissemination (OConnor and Robertson, 2004).William Playfair (1759-1823) was the person who invented statistical artistry, which included the line graph and the bar graph chart in 1786 and the pie chart in 1801. He believed that charts were a better way to patch up data and he was driven to this invention by a wish of data. This was a milestone as these graphical representations are used everywhere today, the most notable being the time-series graph, which is a graph containing umpteen data points measured at successive uniform intervals over a stream of time. These graphs can be used to examine data such as shares, and could be used to predict future data (Robyn 1978).Adolphe Quetlet (1796-1874) was the first person to apply probability and statistics to Social Sciences in 1835. He was interested in studying about human characteristics and suggested that the law of errors, which are commonly used in Astronomy, could be employ when studying people and through this, assumptions or predictions could be in regards to physical features and intellectual features of a person. Through Quetlets studies, he discovered that the distribution of certain characteristics when he made a draw of it was in a shape of a bell curve. This was a significant discovery as Quetlet subsequently went on to form properties of the normal distribution curve, which is a springy concept in Statistics today. Using this concept of come man, Quetlet used this to examine other social issues such as criminal offence rates and marriage rates. He is also well cognize for the advance up with a formula called the Quetlet Index, or more commonly known as Body Mass Index, which is an indication or measure for obesity. This is in time used today and you could find out your BMI by calculating. If you get an baron of more than 30, it means the person is officially obese (OConnor and Robertson, 2006).Other members who made little but significance contributions to Statistics are Carl Gauss and Florence Nightingale. Gauss was the first person who compete around with the least squares estimation method when he was interested in astronomy and attempted to predict the position of a planet. He later proved this method by assuming the errors are normally distributed. The method of least squares is widely used today, in Astronomy for example, in orderliness to minimise the error and improve the accuracy of results or calculations (OConnor and Robertson, 1996). It was also the most commonly used method before 1827 when trying to combine discrepant equations (Stigler, 1986). Nightingale was inspired by Quetlets work on statistical graphics and produced a chart detailing the deaths of soldiers where she worked. She later went on to analyse that evince and care of medical facilities in India. This was significant as Nightingale applied statistics to health problems and this led to the improvement of medical healthcare. Her important works were recognised as became the first female to be a member of the purplish Statistical Society (Cohen, 1984).One of the greatest contributors was Francis Galton (1822-1911) who helped create a statistical revolution which laid foundations for future statisticians like Karl Pearson and Charles Spearman (Stigler, 1986). He was related to Charles Darwin and had many interests, such as Eugenics and Anthropology. He came up with a number of vital concepts, including the regression, standard deviation and correlation, which came about when Galton was studying sweet peas. He discovered that the successive sweet peas were of antithetical sizes but regressed towards the mean size and the distribution of their parents (Gavan Tredoux, 2007). He later went on to work with the idea of correlation when he was studying the heights of parents and the parents children when they reach adulthood, where he made a diagram of his findings and found an obvious correlation between the two. He then performed a few other experiments and came to the conclusion that the index of the correlation was an indication to the stratum in which the two variables were related to one another. His studies were significant as they are all fundamental in Statistics today and these methods are used in many areas for data analysis, especially with extracting meaningful information between different factors (OConnor and Robertson, 2003).The History of Statistics The Measurement of Uncertainty before 1900Stephen M StigelrPublisher Belknap shrink of Harvard University Press, bunt 1, 1990p1, 4, 40, 266http//www.leidenuniv.nl/fsw/verduin/s tathist/stathist.htmA short History of Probability and StatisticsKees Verduin stand Updated March 2009 work Accessed 02/04/2010http//www-history.mcs.st-and.ac.uk/Biographies/De_Moivre.htmlThe MacTutor History of Mathematics roll bind by J J OConnor and E F Robertson procure June 2004Last Accessed 05/04/2010The American statistician Volume 32, No 1Quantitative graphics in statistics A brief historyJames R. Beniger and Dorothy L. Robynp1-11http//www-groups.dcs.st-andrews.ac.uk/history/Biographies/Quetelet.htmlThe MacTutor History of Mathematics archiveArticle by J J OConnor and E F RobertsonCopyright August 2006Last Accessed 06/04/2010http//www-history.mcs.st-and.ac.uk/Biographies/Gauss.htmlThe MacTutor History of Mathematics archiveArticle by J J OConnor and E F RobertsonCopyright December 1996Last Accessed 06/04/2010Scientific American 250Florence NightingaleI. Bernard CohenMarch 1984, p128-37/p98-107depending on country of changehttp//galton.org/Francis GaltonEdited and Maintain ed by Gavan TredouxLast Updated 12/11/07 (according to the update in News section)Last Accessed 07/04/2010http//www-history.mcs.st-and.ac.uk/Biographies/Galton.htmlThe MacTutor History of Mathematics archiveArticle by J J OConnor and E F RobertsonCopyright October 2003Last Accessed 07/04/2010

Illegal Downloading Of Movies Media Essay

Illegal Downloading Of Movies Media Essay aspect at the story of Jerome Bixbys The manhood from Earth painting piracy might not be a threat to the flick manufacture, but a chance to promote and finance small-bud deliver independent films. The producers of this pictorial matter approached internet piracy in a diametrical authority, as they embraced internet piracy and thanked misappropriated transferers for helping to spread the boil approximately the cinema (Morozov, 2007). When Eric Wilkinson, the producer of the characterisation, found out that their photograph was post on a popular piracy blog called Releaselog, he did not do the most common thing, meaning to sue the downloaders, but thanked the Releaselog company for piracy because they were in truth helping sales. (Morozov, 2007). Living in a orbit full of user-generated capacitance, the downloaders gave the picture show great ratings on IMDb (The Internet Movie Database) that resulted in ranking increase fro m 11.235th to 5th and furthermore ranked 1st in the categories independent and science fiction film (Morozov, 2007). Consequently sales increase as the movie got a great promotion. In addition to that, the producer posted a comment on Releaselog asking for voluntary donations for The art object from Earth resulting in additional generated notes.Using The Man from Earth as an example, it becomes obvious that movie piracy actually inherits benefits for the movie industry as Jeanne Rose says in her article Movie Piracy What Seems Evil is in reality Beneficial to the Entertainment Business. By gaining more web attention, deal get informed about a movie they under most circumstances would pack never heard of. People might use illegal copies of movies to check if the first minutes are interesting for them, to see the movie later in the cinema or on DVD (Rose, 2011). to boot to that, parents might have a look at the content of the movie to see if it is appropriate for their childre n to see. Looking at the fact that a send to the cinema with the firm family is expensive, it is a great thing for parents the check the movie beforehand. (Rose, 2011). One might say that instead of illegal downloading movies to check them for content you could simply watch the movie trailer, but facing the reality, trailers do frequently represent the movie in a more positive way then the actual movie is or hide specific scenes to appreciation the tension in the movie itself.A newly study about piracy created by a coalition of academic researches called Social learning Research Counsel shows a various perspective on the seat than industry-sponsored studies usually do. In general piracy studies tell their readers that the movie industry is fulfilling because of decreasing sales, as many people simply download a movie instead of going to the cinema or buy/renting the DVD. Looking at the fact that these studies are financed from movie companies, it becomes bewitching obviou s that they will not tell about other reasons than piracy. The new and independent study gives a different perspective on the whole situation Given the fact that people in general suffer from a bad economy, but as well as low outlays on digital technology and high prices on media goods are the reason for decreased sales in the movie industry (Ernesto, 2011). Visiting the cinema with your family involves spending a lot of money. Imagine living in a low-economy country like South Africa, the price for a DVD in relation to the price in the US or Europe is five to ten times higher (Ernesto, 2011). Even though the movie industry spent huge amounts of money in anti-piracy education, the authors of the study could not find no significant stigma attached to piracy in any of the countries examined (Ernesto, 2011).International movie fans often have a problem to supply themselves with the latest movies or TV shows in a legal way. Being a movie fan in some countries like Germany is very hard, as you have to appear a long time before you can actually see a movie in original olfactory perception in a legal way. Using Germany as an example, every movie shown in the cinema is translated and synchronized in the German language. This consequently leads to three different ways to see a movie in the original tone Going in a different country to see the movie, wait for the DVD release which is often 1 year after the sign release in the United States or download the movie illegal. veneer these three ways it becomes obvious which way is the most common. Looking at legal online stores like iTunes it is illegal to create an US account as a European citizen to purchase your favorite TV show episodes legally.Looking at the situation from a different point of view shows that movie piracy may have benefits for the movie industry. Movie piracy in terms of small budget independent films is able to promote them collectible to user generated content websites like IMDb, which actu ally results in more sales. It is also helpful for people to have a better first-look on a movie to decide whether they want to spend their hard earned money on a movie or not. In addition to that people in many countries are excluded from seeing movies when they are originally released which results in unhappy cineastes. Combining these different ideas with the fact that most studies are movie