The three stages of a trial and the presentation of evidence Essay

The three stages of a trial and the presentation of evidence - Essay Example Before analyzing the three-stage process of the criminal trial it is necessary to present the background against which the three-stage trial process is set. It is this background that necessitates the presentation of evidence in a way that it is tested and thus assists the tribunal of fact as far as humanly and reasonably possible to arrive at an honest conclusion. The background foundations for the criminal trial also ensures that the defendant’s right to a fair trial is protected and that he or she has an opportunity to counter the evidence presented against him or her. The foundation for the three-stage trial process in the presentation of evidence is grounded in Article 6 of the European Convention on Human Rights. The right to a fair trial as enunciated in Article 6 of the European Convention on Human Rights provides the defendant with an inalienable right to confront the witnesses against him at the trial. This is also known as the right to not only confront one’s accusers but the right for one’s accusers to confront the accused person.6 In this regard, at the stage of the trial where the prosecution presents its case, evidence is presented substantiating the allegations against the accused through the direct examination of witnesses for the prosecution.7 At the close of the prosecution’s case, the defendant who has the inalienable right to remain silent may make a submission of no case to answer.8 The right to remain silent is not specifically mentioned in the European Convention on Human rights but has been interpreted by the courts to be a necessary part of the right to a fair trial as provided for in Article 6 of the Convention. In fact it was held in Murray v UK that: the right to remain silent under police questioning and the privilege against... From the research it can be comprehended that the trial itself is concerned with the presentation of evidence relevant to the legal and factual issues before the court. The evidence is either presented or debated throughout the trial pursuant to the laws and rules regulating the presentation and admissibility of evidence. Quite often evidence is relevant but inadmissible and unfortunately, in balancing the scales of justice for both victims and defendants and protecting the accused right to a fair trial, the best evidence may not be presented in the courts. However, it is this balancing exercise that requires that as far as possible, the best evidence is presented and at the end of the day, regardless of the outcome, it is supported by the evidence that was legally and fully presented in the course of the trial. If both sides merely traded evidence that was not subject to cross-examination the tribunal of fact would only be getting one side of the story and thus an incomplete version of events. Therefore, examination-in-chief, cross-examination and re-examination facilitate that telling of a complete version so that a tribunal of fact is in possession of the best available and admissible evidence. The strength of the evidence will be tested and scrutinized during cross-examination. The authenticity of the scrutiny and tests during cross-examination will be tested during re-examination.

Historical Roots of Christian Diversity Essay Example | Topics and Well Written Essays - 750 words

Historical Roots of Christian Diversity - Essay Example Orthodox and Roman Catholic Christians agree with the teachings of the first seven councils as genuine interpretations of the gospel, but only Roman Catholics acknowledge decrees formulated after the nineteenth century. Tradition is a particular interpretation of scripture as described within the Christian community and affirmed by the church. Given that tradition originally permitted new interpretations to meet questions not particularly addressed in the scripture, it was meant to be fluid rather than fixed. When a group shows a tendency to canonize tradition making it appear unbending, tension might result. This development of tradition was not meant to lead to religious rigidity, but was instead developed specifically to recognize the dynamic interaction between, the concrete fixed authority of scripture, and the fluid developing authority of everyday practice. Since it is dynamic, tradition adds a little new thing to Christianity as it enlarges upon scripture. People usually expa nd a tangible communication beyond tradition’s original scope, as it is a factor of exercising human ingenuity in the development of tradition (Weaver and Brakke 64). The power of Rome At a time when the Roman mystique was at its peak, Jesus was born into the Mediterranean world ruled by Rome. The world had never experienced an empire so vast that when people thought of Rome, they envisioned a set of related ideas. Caesar, who presided over Rome, was a central ruling authority who stood close to divinity and symbolized in his person the glory of Rome. The glory of Rome dimmed and then seemed to be restored to some level by Constantine. It was normal to wonder whether the old Rome might reclaim the world’s attention. If Rome can be seen more as an idea than a place, then perhaps it can be understood why it was extremely powerful and attractive. Rome became a goal, and an idea to nature policy. As a fact, it is not surprising that that attracted Constantine and Christian s in general. As the roman emperor, it was clear that Constantine had the best claim on the project. When he moved his capital from the city of Rome to a new site in the Eastern part of the Roman Empire, a political vacuum was left in the West which in turn invited rival claimants. Several groups were inspired to restore Roman glory in the West, and they included; old senatorial families, new barbarian families, and the bishops of Rome, who later are known as popes. The ancient forms of Christianity grew into separate churches generally because of extensively differing political experiences. The Orthodox Church was organized into two ways: at the local level and along the administrative lines of the Roman Empire. The patriarch of Constantinople understood that his position was tied to the emperor. Both the patriarch and the pope did consider themselves as Roman and as heirs of the greatest political empire in the world’s history. This led to a great schism between the two chu rches that lasted until the present day (Weaver and Brakke 78). The two Christian models The first Christian model is; Constantinople as the new Rome in the Greek Orthodox system. When the emperor reunited the fragments of the Roman Empire, he did so under the sign of the cross. Constantine’s bibliographer made a claim that Constantine was directly called by God to embrace Christianity.

New Media and Consumer Behaviour Essay Example | Topics and Well Written Essays - 2000 words

New Media and Consumer Behaviour - Essay Example This paper provides a critical discussion of how the presence of social media influences or shapes consumer behaviour with real-world examples of social media as a contemporary marketing and relationship-building tool. The dynamics of social media and consumer psychology Smith (2009) identifies that blogging, video-sharing and social networks are entering mainstream and are no longer a niche market activity in multiple demographic groups. User-generated content materials have improving the ability of consumers to publish their opinions about products and services and also improve the relationships with the global and local communities. Social networking sites such as Facebook and Twitter allow for instant publication of thoughts and ideas whilst also providing consumers with a new visibility, especially related to video-sharing, that fulfils their needs for affiliation. Bainbridge (2009) informs that consumers are also demanding portability with their electronic devices, thus advance ments in smart phone development and similar devices give portable access to social networking to serve as a form of diary for their current thoughts and impressions on a variety of different subjects and social commentaries. This contemporary access to new media is effective in satisfying consumers of many different socio-cultural and socio-economic backgrounds due to inherent needs and motivations that are shared by virtually all consumers globally. â€Å"A whole range of psychogenic drives stems from our social environment, culture and social group interactions† (Evans, Jamal & Foxall, 2009, p.5). These psychogenic drives are status-related needs or simply finding a sense of serenity regarding one’s place in the social stratification system. According to psychologists, one of the basic motivational drivers is the establishment of a sense of belonging, believing that one must be recognized by peers and general society through group affiliation. Under most models, est ablishment of higher-order psychology cannot be established without this affiliation. â€Å"The satisfaction of the need for esteem produces self-confidence, prestige, power and control† (Gambrel & Cianci, 2003, p.146). People in global society also need to feel as though they are having an impact on their environment as it relates to power and control (Gambrel & Cianci). These inherent needs for recognition from society and peers are also present in youth consumer markets. According to Berten & van Rossem (2008) adolescents are especially influenced by peer relationships and feedback with whom they have strong interpersonal connections as well as their desired reference group. This is important to understand as it relates to youth markets since they are considered to be â€Å"one of the most cynical, fast-moving and fragmented markets brand owners can hope to crack† (Forsey, 2009, p.21). Usually trend conscious, the youth market is a concentrated user of social media and thus understanding their psychological make-up is important to critically assess the role of social media for modern marketing practices. Therefore, it should be said that social media is not just a recreational past-time anymore for youths and older target markets, but represents a lifestyle activity that is mainstream and a conventional social outlet. Through the use of

The 'New Look' in Foreign Policy Essay Example | Topics and Well Written Essays - 2000 words

The 'New Look' in Foreign Policy - Essay Example or action against the Soviets, and Eisenhower's inability to confront them militarily in Europe or elsewhere that instigated the rationale behind the 'New Look' foreign policy that began in 1954. The concept was to create a large-scale nuclear force capable of massive retaliation. The plan was highly controversial when Eisenhower introduced it and it was considered impractical by both the Navy and the Army (The Army and the New Look, 2001). They viewed the plan as being carried out at the expense of a reduction in forces that would be required to fight a more convention style war. The critics "[...] denounced the 'New Look' as a dangerous gamble likely to force the US in the event of a crisis to choose between a humiliating climb down or the unleashing of a mutually devastating nuclear exchange with the Soviet Union" (Dockrill & Hopkins, 2006, p. 59). The Army insisted that the budget adequately fund a conventional force. The Secretary of Defense would often find himself negotiating among the services for scarce funding. According to the US Army Office of History, "As the Air Force's share of the budget increased in the mid-fifties to procure expensive bombers and missiles an d as the United States' capability to wage less than general nuclear war decreased, opposition to the massive retaliation policy mounted" (The Army and the New Look, 2001). Because the 'New Look' was aimed at massive retaliatory capability, it was primarily aimed at the Air Force. This meant reduction in Army forces and would cause Army Chief of Staff General Ridgeway to remark, "The present United States preoccupation with preparations for general war has limited the military means available for cold war to those which are essentially by-products or leftovers from the means available for general... Th paper outlines the necessity of 'New Look'. In retrospect, faced with a nuclear threat from the Soviets and their aggressive nature after World War II, the United States did not have a lot of options to attempt to roll back Soviet domination in Eastern Europe. The 'New Look' policies were a reasonable approach in line with the policies of containment practised at the time. Early on into the massive build-up program, it was recognised that nuclear weapons were of no value to discourage an enemy or wage a regional war. When called on to use them in Dien Bien Phu in 1954, Eisenhower was faced with the reality that the eventual outcome was simply too horrendous to ever be of use. Yet, in the long run, the potential of mutually assured destruction may have prevented a major nuclear detonation by either side. The build-up and arms race that resulted from Eisenhower's 'New Look' foreign policy left a deep and lasting impression on the American psyche. It created the biggest arms race in the history of the world and as for preventing a nuclear attack, whether it did or not, we are certain that it did not happen.

THE DIET PILLS Essay Example | Topics and Well Written Essays - 250 words

THE DIET PILLS - Essay Example On the other hand, diet pills are much cheaper than invasive operations such as liposuction and gastric bypass, which cost more than $2000. Diet pills go from $25 a month above. If it’s about safety, the safest way to go as exercise and diet. Liposuction has its own horror stories of pain and permanent damage. Diet pills have been found to cause long-term side-effects and even death in some countries. Currently, only a few pills are FDA approved and this includes Orlistat, Sibutramine and other appetite suppressants. Finally, we all know that exercise and a right diet is still the most recommended way to lose weight but the results of this is subjective. Liposuction is a sure way to take out the fat obviously and is the perhaps the most effective. Studies show that it is effective only at a marginal to moderate rate of weight loss. Whatever you choose as your weight loss scheme, don’t just go for results. Be smart and do research. Always think about its value for money, the possible side effect and how well it fits your lifestyle. Consumer Reports. Are diet pills effective? n.d. Web. September 29, 2011http://www.consumerreports.org/health/healthy-living/diet-nutrition/diets-dieting/diet-pill-effective-fat-chance-1-07/overview/0701_diet-pill-effective-fat-chance.htm Newell, Lori. â€Å"Why Exercise is Healthier Than Weight Loss pills†. Live Strong.com. September 27, 2010. Web. September 29, 2011

Day Care Paper Research Example | Topics and Well Written Essays - 1750 words

Day Care - Research Paper Example A child is far healthier when he is brought up in home rather than day care. Despite so many negatives the best advantage that day care provides a child with is the ability to socialize better and accept diversity. Placing your children in day care gives both the parents a free reign to earn money and hence they can do over times and work longer hours without any hassle. DAY CARE Day care centers are a new breed of facilities that are now available to single parents. They provide child care facility to single parents or parents who work and need someone to care for their child. Since the economic crisis, there has been a dramatic increase in the working parents and thus the requirements for day care centers are on the rise. According to the recent statistics there are around 70 % children who are under the care of Daycares. This has all been due to the increase in the working mothers. Earlier there were many families which had the father and mother both juggling their work hours with the time they spend with the taking care of the child. It was an easy job, but the current economic crisis has made employers more demanding as they are aware that there are many more talented and hardworking candidates who are willing to replace any time. Although many people look for low cost care for their children so as to save unnecessary expenses, but this is declining as such help is not much readily available with the rise of cost of living standards. Also, the need for economical day care centers is high on demand as the number of parents requiring the need for day care is increasing (NICHD, 2005). Earlier the day cares were more of a babysitting service that was available to parents, but since the increase in the working hours of parents which proportionally increases the time the child spends at day care, day cares have become grounds where the early development of child takes place and hence they have gained a lot of importance psychologically in the life of a child. Th e day cares now play a very important and prominent part in the child development. A modern daycare today teaches the child about things and skills that he will require as he grows up. In short, they equip the child to face the world as he steps out to walk to his first school. The main reason because of which the day cares have evolved such is that parents today have started demanding quality care and skill development in their child. The care requirement and need for skill development varies with the age of the child. A child with age two or younger needs special attention with respect to his/her health requirement, the food he will consume and the extent to which he needs exposure to the environment in general. Compared to this an older child needs necessary tools to develop his cognitive, spatial and verbal skills. He will need to learn to communicate with different people and will also learn as to how to socialize (Martin & Fabes & Fabes, 2006). Since the demand for the day car e is so high that there are many day care centers that re running today are unregulated ones and hence they hire anybody and everybody who applies to the vacancies. Many a times it has been observed that the nannies that work in such day cares have a past criminal record and thus it becomes a reason for parents to be very

THE DIET PILLS Essay Example | Topics and Well Written Essays - 250 words

THE DIET PILLS - Essay Example On the other hand, diet pills are much cheaper than invasive operations such as liposuction and gastric bypass, which cost more than $2000. Diet pills go from $25 a month above. If it’s about safety, the safest way to go as exercise and diet. Liposuction has its own horror stories of pain and permanent damage. Diet pills have been found to cause long-term side-effects and even death in some countries. Currently, only a few pills are FDA approved and this includes Orlistat, Sibutramine and other appetite suppressants. Finally, we all know that exercise and a right diet is still the most recommended way to lose weight but the results of this is subjective. Liposuction is a sure way to take out the fat obviously and is the perhaps the most effective. Studies show that it is effective only at a marginal to moderate rate of weight loss. Whatever you choose as your weight loss scheme, don’t just go for results. Be smart and do research. Always think about its value for money, the possible side effect and how well it fits your lifestyle. Consumer Reports. Are diet pills effective? n.d. Web. September 29, 2011http://www.consumerreports.org/health/healthy-living/diet-nutrition/diets-dieting/diet-pill-effective-fat-chance-1-07/overview/0701_diet-pill-effective-fat-chance.htm Newell, Lori. â€Å"Why Exercise is Healthier Than Weight Loss pills†. Live Strong.com. September 27, 2010. Web. September 29, 2011