Privilege Communications
Any communications that cannot be required to be presented in court as evidence. Incudes conversations between parishioners and clergy, patients, and doctors, and so on. privileged communication can have no force in courts if the dominant party presents the evidence.
Similar Fact Evidence
Evidence that shows the accused has committed similar offences in the past. Crown uses it to imply that the accused has committed the offence again, or to refute defense claims that the offence was mistake or accident. Fact evident must be relevant to the case to be used and can be extremely damaging to the if the jury gives it too much weight. The judge will hold a trial within a trial to determine whether to admit similar fact evidence.
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Person under surveillance must be the intended victim. A person who fears bodily harm can authorize police to intercept the private conversation without obtaining judicial permission. Video surveillance evidence can be admitted. Search warrants are not needed if it is in public places. However, it is needed if device is used with respect to a person or property.
Confessions
An accused persons acknowledgement that the charge, or an essential part of it, is true. The charter states that anyone who is detained or arrested must be promptly informed of their right to legal counsel before making any statement so any statement taken before the right is told can be excluded as evidence. A statement can be admission or denied. If confession was not voluntary, the judge may reject the evidence. Even if confession is admitted, the jury may reject it or give little weight in reaching decision.
Illegally Obtained Evidence
Admission of illegally obtained evidence has been debated since the Charter was passed. In each trial, it must be decided if admitting the evidence in question would bring the “administration of justice into disrepute” which relies on whether “the reasonable person”, fully informed of the facts, would be shocked if a judge allowed the evidence to be admitted.
Verdict
The decision as whether the accused is guilty, and is the culmination of the trial process/
Evidential Stage – Ensure sufficient evidence to anticipate a realistic prospect of conviction against each defendant on each charge, and the jury will be more likely to convict as a result. The CPS will encourage police to use ACPO guidance to gather a wide range of evidence.
Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.
Right on the first page in chapter six it discusses the privilege groups discomfort about discussing privilege. Yes, it is true for so many and for those who don’t feel discomfort, I call you brave and open minded. But, it is a hard thing to discuss especially with a non-privileged group of individuals. I, for one also feel discomfort and defensive sometimes in those situations, and that could be from a number of different reasons. Whether it is because I feel guilty, ashamed, judged, etc. For this I will talk about race, for those who are white, we are born this way, we didn’t choose to be white and there’s nothing you can do about it. You were born into the privileged group here in America. But, it is something that we need to accept and admit to, we are the privileged group but, we don’t because of this nasty stigma about race. Race has turned into this sharp word that scares people when it is mentioned. We, as educators need to change the stigma of that word. We need to make it so people of privilege and non privilege can discuss privilege and race with out discomfort or being offended. In this class, our race discussion had brought up white privilege and at first it was not comfortable but, as you admit to it, the easier it is to discuss.
When I think about white privilege, I see it as something I must understand to truly feel a relation to my own privileges with race. “As a white person, I realized I had been taught about racism as something which puts others at a disadvantage, but had been taught not to see one of its corollary aspects, white privilege, which puts me at an advantage.” (McIntosh 1988) When comparing other privileges McIntosh sees that her life is more influenced by her skin color than class, religion, ethnic status, or geographical location. Tim Wise explains “even though there is more than one type of privilege, they can never fully eradicate white privilege.” “Understanding the persistence of privilege requires recognizing the sleight of mind that occurs on the subject of individuals as members of groups” (Wildman 2005). Early work done by African American sociologist W.E.B. DuBois (1868-1963) showed that studies with white workers over time came to see themselves as white unlike the developing working class with recently freed black slaves. DuBois was one of the first people to initiate the concept of white privilege.
This memo discusses how the community profile and privilege memo will educate me on the future assignments, how the tasks correlate to the course goals, and how the assignments will aide my future career.
And the truth is, no, I didn’t. Page 63. This shows the lengths that the police will go to just for some information. Therefore, the evidence shows helps us understand malfeasance and why it is
The idea of law and order in this country isn’t a new one and, in fact, has taken a very long time to get to the point it is today. But it isn’t done changing or improving because with every new advancement and technology law must adapt to encompass these new gray areas and make them clear in the court of law. An example of a few large milestones in United States’ law that reflect such adaptability are the Federal Rules of Evidence; Federal Rules for Civil Procedure; and the Sedona Conference. Each of these milestones have made clear many issues and gray areas in the law. Issues in evidence collection and presenting as well as digital evidence collection are a few of the many subjects covered in these federal rules.
Minorities are still fighting to be seen as equals and treated as human but people still think we have achieved equality today. It really is up to educators to teach children about white privilege and how it affects people. White privilege is something that white people benefit from just because of what they look like, but they have no control over it. This can range from having more opportunities for jobs to being more likely to have enough money to go to private school. I am focusing more on the idea that white people have these benefits and have the privilege to deny that such a divide exists. Being able to dismiss the idea of white privilege shows ignorance and can minimize the experiences of those who have suffered at the hands of white privilege.
Common law also permitted the prosecution to adduce evidence that was relevant to the accused’s guilt of the offence charged,
Now a day’s evidence can change a person’s life in the blink of an eye. “People were often punished for crimes based on the word of one or two individuals, with little concern given to sorting out the truth of the affair” (Hunter 12). But today a person must be tried and some physical evidence is needed in order for a person to be convicted of a crime.
The book, Privilege, Power, and Difference brought awareness to where I stand as a Latina female in the United States. Growing up, I did not like to focus on the differences I experienced or saw others experience. These differences made me feel angry, scared, nervous, confused, and hopeless. Instead of focusing on the unfairness I was a part of I decided to look at it as a challenge, I would prove to myself that I could do whatever I set my mind to. I took every opportunity handed to me and tried to make the best of it, to make myself proud and my family proud. At least that is what I thought at the time, but now that I have had time to reflect on my desire to succeed I know that part of that desire comes from proving to the dominant culture that minorities can succeed.
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 .
In today’s society there are rules that define evidence pertaining to a defendant’s trial. These rules are defined as the “The Rules of Evidence” or “The Law of Evidence.” These rules create a safe and orderly environment, promote efficiency, and enhance the quality of evidence that pertain to all criminal trials. These rules restrict what a jury can and cannot hear or see, details of the law, and the importance of the effective performance of the law enforcement officer. Americans are well aware of the rules that govern evidence; but what are they, what do they mean, how do they apply to each case, and how are they broken down.
Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.
As an society is constantly progressing throughout a variety of perspectives, privilege plays a role among the conflicts of the person's life. In the terms of injustice and hardships, it is quite difficult to address these issues and to cope with them. Privilege is a term that is described as an unearned right that is given to an individual for the purpose of a specific power based on one's culture, race, religion, gender, sexual orientation, etc. It is important to acknowledge privilege as many people have rights in some kind of way in which they can misuse it in negative ways, which can be the cause oppression against another individual. I am going to discuss the content of 'invitation' and reflect aspects of my life which I have greater power and privilege than others. The questions corresponding to this article is why are you interested in exploring these issues related to privilege? and is your interest connected with any particular hopes for your work, for your life, for the world in which we live.