Resistance To Reasonable Discovery

The newly discovered evidence can't merely be “cumulative”, nor “such as would merely impeach the credibility of an adverse witness”. Cizler v. Cizler, 19 A.D.2d 819, 243 N.Y.S.2d 614 (1st Dept., 1963).

This paper will address the Roper v. Simmons 543 U.S551 (2005); it will specifically address the arrest, trial and the legal issues that arose. It will explain and identify the holdings of the lower courts and it will explain and identify the decision of the U.S Supreme Court.

The “Doctrine of Discovery” was a concept used to further colonization and strip land from the indigenous people. According to Class 7 Lecture, it allowed colonial powers to colonize the land that they discovered even if indigenous people already lived there. The doctrine provides “title to the nation making the discovery” of the land even if the soil is inhabited by natives. Provided the land excluded “European sovereign”. When European powers establish rule in what is now the United States the government was given the ownership of the lands until they felt the need use of the land. The Indians currently residing in the lands were just inhabitants. The doctrine set for by Chief Justice Marshall was set forth to mimic colonial powers and prevent further European expansion on U.S. soils. Following the Johnson v McIntosh case, it established a preventive measure of Indians and Indian tribes from selling the land to anyone but the United States government. This was to prevent European colonies to develop in the United States.

There are several cases that have gone through the United States Supreme Court where prosecutors have not disclosed evidence to the defense, that could in turn help the defense’s case such as in the case of

Ruling: The Supreme Court held that withholding evidence violated the process where the evidence is crucial either to guilt or to punishment. The court also determined that under Maryland state law the withheld evidence could not have exculpated the defendant, but was material to the level of punishment he would be given.

Johnson further maintains that the circuit court erred by admitting documents that were not properly authenticated. The State counters that “the appearance and contents of each of the documents contained sufficient information from which the factfinder could have reasonably concluded that the document was what the State purported it to be.” We hold that the documents admitted against Johnson were properly authenticated.

to its discovery by Europeans. As legal justification for the removing of Indian Tribes from their ancestral lands, Pope Francis V’s Doctrine of Discovery was applied. There are many elements to this doctrine and as time wore on, more and more of them were used by the government of the United States as legal justification for what at its base can be seen as both theft and ethnic cleansing. Each of the ten elements plays an important role in what transpired on this continent and shall be discussed to further clarify the actions taken by the U.S. government.

Sometimes mistakes can lead to great discoveries. An explorer can be searching for a waterfall and then trip and fall into a hidden cave. The possibilities are endless when it comes to this topic. Like in “Lost Cities, Lost Treasure”, “How a Melted Bar of Chocolate Changed Our Kitchens”, and “In Praise of Careful Science”. These things can change people's lives in good and bad ways.

Discovery inhibits the ability to embrace new beginnings and accept a sense of change whether it is found or forced upon an individual. The places you travel and the people you meet can emotionally revolutionize a self-discovery through unexpected but anticipated terms evoked from curiosity. ‘Swallow The Air’ written by Tara June Winch and ‘The Thing Around Your Neck’ written by Chimamanda Ngozi Adichie break the inhibitions of vulnerability, as their ideas represented through cultural contexts and values, lead to an overall self-discovery.

David a restaurant owner is suing one of his suppliers for breach of contract. The contract required the supplier to deliver Alaskan Crab three times a week and on the fourth week the supplier discontinued the delivery. David’s attorney has three concerns and he would like to investigate further. For the investigation, he wants a copy of the shipping records, he wants to preserve the testimony of the fisherman, and get the supplier to admit that he had stopped shipping to David. Discovery is specific methods used to find information, it shorten the trials, and encourages parties to settle. For the first area of investigation the attorney would use discovery method subpoena duces tecum. Subpoena Duces Tecum is the order for production/shipping

Darwin’s theory of evolution was ridiculed due to religious beliefs. This is an example of why there is sometimes resistance in theories until proven. Although there are still some people who still don’t believe in evolution due to evolution not being in the holy books. Resistance occurs due to their being lack of evidence and many uncertainties. Also adding to the fact the resistance is the fact that new scientific theories can take years in order to become proven and approved in the scientific communities. The acceptance of the theory takes time to be proved due to the amount of experiments having to be carried out in order to the theory acceptable in the scientific community. Another

Discovery process can be described as, a process where both parties of the case learn the evidence that the opposition will present. There are three types of discovery those are, discovery by the defense, discovery by the prosecution, and the nonreciprocal discovery. When it comes to discovery by the defense, the defense should benefit more than the prosecution. Prosecution always seem to have more information, due to the point that they need to prove beyond reasonable doubt that the defendant did in fact commit the crime. An example is how the Supreme Court has held that prosecution must provide a list to the defense of particularly witnesses. Next, is discovery by the prosecution, this type of discovery is limited due to the constitutional

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.

Proof tolerability is to a great extent subject to actualizing and implementing practically identical principles, which ought to be accomplished for the whole measurable procedure, from wrongdoing scene to court. Yet, consistency and consistency over the legal sensory system are few and far between. At last, we can improve. Setting up a government element to manage changes in legal science endeavors to achieve a lot in a part that stays divided and impenetrable to change. Research associations between wrongdoing labs and colleges, then again, will enhance lab effectiveness, foster correspondence in the middle of labs, and bring together oversight.

It is no secret that technology has changed the way that many things are done in our culture today. The legal world is no exception. When lawyers work on cases, there is usually a lot of reading involved. This takes a lot of time and a team of lawyers that is expensive to employ. Electronic Discovery (e-discovery) is technology that has cut down on this time and cost, and has significantly changed the legal world. It is software that can analyze documents and extract key words or phrases. In a case concerning CBS, lawyers and paralegals examined 6 million documents at a cost of $2.2 million. With the use of e-discovery, one company was able to examine 1.5 million documents for $100,000. E-discovery can help lawyers pick out words, phrases and it can even detect patterns in behaviors. This software is essential for the legal world because it could prove guiltiness through uncovering hidden activity of criminals who may otherwise not have been caught.