Competency
Competency has two split meanings in it uses relating to evidence and witness themselves. In regards to evidence, competence refers to admissibility and specifically not hearsay. In regards to witness, the term refers to legal capability of an individual to give reliable facts for use in court of law. The general rule under rule 601 of the federal rule evidence provides that "every person is competent to be a witness except as otherwise provided in these rules". This rule governs and directs in decision making on a witness ability to provide evidence in a trial. It through assessments of competence that it is determined if a court can hear evidence from a particular witness (Nemeth, 2011).
Importance of Competency
Historically under the provision of common Law, a number of witnesses were considered incompetent to testify. The ability of certain witnesses to provide unquestionable evidence for the fear that they could lie. The agnostics, atheists, parties to a case and their spouses, convicted felons, children, mentally ill persons and persons with an interest to a case were considered incompetent witness under common law. Common law also prevented the use of expert witness in providing evidence to a case (Ferguson & Bouck, 2002).
Competency is of importance as a safe guard measure to prevent admission of information as evidence with little or no persuasion on truth. The need to obtain information with high probative value ought to be balanced against
It is important to ensure that we meet the need of the students on every level. One effective way to do this is to observe, assess, and record children’s efforts and progress. In this way, an educator can prepare to help a child’s progression in the class. Being able to track and refer to the progress of a child helps to ensure greater levels of success. In the end, our program is only as successful as the children in our care. Record keeping can identify areas that need improvement, and allows us to teach to their strong points.
4. Made by a person with legal capacity - Competency is “the ability to perform a job.” In normal conditions this part mentions to an adult of complete mind who is able to pass the three tests defined above. Those considered not legally capable would include minors, and those who are so physiologically or psychologically troubled, they do not validate the ability to make informed judgements(Steer,
In 1889 Jane Adams along with Ellen Gates Starr, as the pioneer or "Mother" of social work opened the doors to Chicago's Hull House, which provided social services that included: child care; education in history, music, and mathematics; a library, employment assistance; as well as many others to immigrant communities in the city (NASW 60th Anniversary Interactive Timeline, 2016). Today, the philanthropic work of two women has become the field of social work, with thousands of professional social workers continuing the work they started. Like everything else, the field of social work has evolved over the years to to become a diverse and expanding field. According to the text “Social Work Values and Ethics” by Fredrick G. Reamer (2013), “at its infancy in the late
Many assessment tools and interviewing skills are available to the clinical social worker within a mental health setting. This paper will examine one such assessment tool, the competency based assessment, and its applicability in a mental health setting. A comparison will be made between this advanced assessment method and a generalist social work assessment. Interviewing people who have mental health concerns can offer challenges for clinical social workers. Several interviewing techniques that can help with some of these challenges will be outlined.
Pennsylvania Department of Education Bureau of Career & Technical Education CDA-Ready Certificate Documentation Infant/Toddler (Developed from The Child Development Associate: Assessment System and Competency Standards Infant/Toddler Caregivers in Center-based Programs, Second Edition, ©2006, www.cdacouncil.org ). Student Name: _______________________________________________________________ School: Instructor: ___________________________________________________________ Instructor Contact Information Phone: E-mail: __________________________________________ _____________________________________________________________________ Requirements Enrolled in approved Child Care Program, CIP 19.0708, or FCS Child
Mens rea is a very important aspect of the criminal justice system and it is really important when the issue of mental competency plays a factor in a criminal case. In the United States there are mental competency courts established in order to determine if the offender is found competent for trial. If they are not found competent then they are sent to a mental hospital in order to address their mental state. “Mens rea: In criminal law, the guilty mind. It refers to the intent that is needed in order to be found guilty of a crime” (Bartol, C. R., 10/2014).
It has been shown that eyewitness misidentification is one of the biggest factors in wrongful convictions, which has been overturned due to DNA (Innocence). Forensic evidence is one of the factors used to determine ones’ guilt or innocence in the court of law; however, some of the evidence used can pose a problem in court. Eye witness testimony has caused a lot of faults in court cases because it is portrayed as a strong factor of evidence. Eye witness testimony should not be used as primary evidence because of how unreliable, misidentified, and the impact it can have in the court of law. Eyewitness identification should have different alternatives in how it should be presented to the witness so that bias is not present.
To provide a developmentally appropriate learning environment that is safe, healthy, respectful and supportive of children and families. For the learning environment to be safe, I ensure that I always check identification, and have parents notify me whenever someone new to the list will be picking up. I always bring my roster with me to ensure I have all my children with me. I do a roll call every time we get to a new area after traveling anywhere away from our room, and before leaving the room. Another way that I make the learning environment safe is by covering all the outlets in the room, and making sure sharp or dangerous objects are put away, and out of the children’s reach. I put cleaning supplies and other chemicals in high locked cabinets.
Overall, Dr. Fraser’s argument is organized, well structured, and concise, using all three tools of appeal, logos, pathos, and ethos persuading his audience that eyewitness testimony can be seen as invalid. He expresses his argument though story telling, playing a huge role on the logical reasoning, or logos, as well as reasoning abilities. His argument was very effective in getting the audience engaged immediately, using descriptions and visual aids to make it easily understandable to those who are well knowledgeable about the criminal trial process. Dr. Fraser presented his argument in a way that the audience could follow and feel personally involved in. As he states the facts as he became aware of them in the criminal case, Dr. Fraser is in turn, building up to the conclusion of the argument; that eye witness testimony is, at best,
In reviewing this learners track 1 residency action plan, goals for skill development that were discussed at the end of track 1 included practicing and using observation, open-ended questions, and silence. This learner practiced these skills among other skills between track 1 and track 2 by using them at work and with family members. These skills were also used in everyday conversations as well as in role-plays with family members. In addition, a professional development goals was to join the American School Counselor Association. This goal was completed and opportunities for professional development continues through the use of their website and magazine. In the area of personal development the goal was to take more personal time and spend more time with family. This goal was also accomplished through prioritizing and scheduling.
Competency in the legal system can be dated all the way back to Common Law when a defendant nearly had to possess a sufficient mental capacity and an understanding of the trial ahead of him. As stated before it wasn’t until the 1960s when the Supreme Court ruled in Dusky v. United States that competency became a constitutional requirement.
These are the skills and competencies I have learned through my studies at Walden University. Kaslow, Grus, Campbell, & Fouad, et al. (2009) stated professionalism comes from my respect for those who need help. Integrity can be built with confidence in the therapist. Attitudes are charitable, polite, caring emotions toward others that fuel my motivation toward helping. This concern welfare of others comes from my religious and personal experiences as a child and young adult.
The quote derived form the Commission report suggests that bad character evidence should be treated with caution. In order to properly engage in the question one must first get a view of the evolution of the law on bad character evidence.
May and Powles view evidence as ‘something’ which tends to prove or disprove something else. In the context of a trial this consists of information placed before the court for the purpose of proving or disproving facts in issue. Beecher-Monas states that in a system based on the rule of law and which aspires to ‘truth’, the accuracy and reliability of such information is essential. The mechanisms available to the court to determine the latter, centre on the presentation of evidence under oath, cross-examination and the observation of witness demeanour .
Competency: Ability to collect and evaluate information, develops alternatives, and expects possible penalties and risks (Jones, 1991).