Use of Expert Witness in Court Procedings and Trial Research Paper

Use of Expert Witness in Court Procedings and Trial - Research Paper Example This research will begin with the statement that experts have become a fixture of the American legal system. Expert testimony is a de jure requirement for some types of lawsuits and a de facto requirement for others. It is widely thought that the use of experts in American courts has increased dramatically in recent decades. The difference between an expert witness and other witnesses of the court is that expert witnesses are permitted and even encouraged to offer opinions and inferences. There are advantages and disadvantages of admitting such testimony, which has been the subject of much controversy and debate. Saferstein related that an expert witness is, "an individual whom the court determines possesses knowledge relevant to the trial that is not expected of the average layperson". Saferstein stated that the knowledge of the expert witness is obtained through training, education, experience or any combination of the three. A problem exists because a judge is making the decision on expert witness qualifications in highly technical fields. Expert witnesses may often testify to issues in forensic psychology, firearms identification, or forensic chemistry to name a few of the disciplines. Any number of other social and natural sciences may be deemed forensic in their application to the law. How is the judiciary to know, if what the expert witness is professing is based on a sound foundation of legitimate social, psychological, and natural sciences? The attorneys on each side of the American Court adversarial system may both profess to have expert witnesses. Those proffered witnesses may interpret the exact same evidence differently. Pros Expert witnesses are different from other witnesses in several key respects. Witnesses who are called to give testimony about particular events generally are not permitted to state opinions about the meaning of the facts. Only witnesses that have been qualified as experts by the court have that privilege. Unlike other witnesses, experts do not necessarily testify about events they have witnessed personally, nor is it necessary that they offer evidence specific to the matter at hand. They may offer generalizations from their own experience or from data or studies that are not necessarily derived from the particular dispute being litigated (Vollen & Eggers, 2005). For example, a toxicologist may testify about the effect of a certain substance on humans based on previous scientific studies concerning that substance, and the toxicologist need not have examined the injured party. The expert witness is a teacher who, by virtue of education and experience, educates the court regarding information to which the triers of fact

Computer Professional Ethics Journals Essay Example | Topics and Well Written Essays - 500 words

Computer Professional Ethics Journals - Essay Example In this digital age of technology, computer scientists are having difficulty in implementing and controlling the access of information, particularly in various web sites. This is also the case for computer software/programs that are often being pirated (or distributed illegally) across the globe. At some instances, such programs are being illegally adulterated to look as the same as that of the original, thus this can easily apply for intellectual property rights (this scenario had been the case of Microsoft as the Internet Explorer was patterned after Netscape’s technology). With such privacy laws and principles, third-party users and computer scientists will be able to safeguard their rights against â€Å"pirates† who would do anything just to get hold of such technology and exploit it for their own consumption. Furthermore, such laws are essential in safeguarding computer programs or other related information that are critical, not only to the overall welfare of the computer scientist, but as well as to the welfare of the digital

The Impact Of Globalization For Children And Families Economics Essay

The Impact Of Globalization For Children And Families Economics Essay Globalisation perks in the 1990s, in the research studies of Draxler (2006) reported that government of many countries, both developing and developed countries embraced changes towards one global market place (Michael et al., 2003). Though it opens up new revenue for trade, technology, information and knowledge transfer worldwide, globalization helps to aid this world to a more disintegrated sphere (Kolarova, 2006). Rieger et al. (2003) questioned the consequences of cultural and social malfunction due to the influence of globalization. Spybey (1996) also mentioned in his findings that globalisation creates more conflicts in this rapid information networking, trading and technology freedom of this new shift of large-scale manufacturing and producing business establishments worldwide (Goldberg et al., 2007). Researches and report findings by World Bank (2000-2002) found that as different countries step up to change their productive organization of work, it also changes countries social and human capital structures (Willams et al., 2005). The Organisation of Cooperation and Development (OECD) and International Labour Organisation (ILO) reported its finding of globalization leads to a sharp demand of highly educated and skilled labour in developed countries, ironically an upsurge of lowly skilled workers with poor wages, prejudicial social injustice and health care in poor developing countries (Lall, 2002). Marshall (1962) stated the shift of the social relation changes patterns and lifestyle of time and space of mankind. Hence, with the implication of globalization will it cause more poverty or affluence universally (Hartman,2002)? Carnoy (1999) stated when nations open to trade and create more capital affluence and manufacturing goods for exports, there are manufacturing turnover and transferal of employment (Brady et al., 2005). Globalisation rises skills in developed countries however it reduces employment skills and talents in developing countries. For example, in Vietnam if an individual could not sustain himself/herself and his/her family in a small plot of land in hometown. He/she has to sell his/her labour to support his/her family in urbanized cities (Choi et al.,2001). Yet due to globalization he/she may be employed by a global company with highly technologized machinery which made him/her a low skilled worker (Freeman, 2001). Kalarova (2006) claims that in some of developing countries, benefits and welfare for workforce are frequently mistreated by privatized global companies even if countries have employment policies for employees. The lack of social coherence, coordination, sustainability and long term protection policies due to the lack of funding for proper healthcare, eventually leads to a depressed moral opportunity and welfare, depletion of social protection and surge inequality of these low skilled worker in these manual work industries (Milanovic,2002). Likewise, Spybey (1996) argues that in order to finance these worldwide investments in the global finance capital sector, globalisation affects a nations social inequality when it comes to the funding distribution and assets for its education, healthcare and childcare policies and reforms for families and children, resulting to an exploitation of adults and children labour (Michael et al., 2003). Stokey (1991) agrees that in conservative and conventional countries like Thailand and Indonesia, though women rights aid and free women from poverty, exploitation and oppression, Horgar (2001) pointed the contradictory of global capitalism repeatedly decoy women and children to cheap labour with long working hours and poor welfare despite of their desires to be independence from their husband or father at home and that conflicts against its social-cultural aspect of the nations (Edmonds et al.,2001). Moreover, Horgar (2001) argues that as more women enter the global workforce, more children are often left at home alone with relatives or siblings, contributing to its nation increment of non-schooling and poor school attendance children, malnutrition and ill health of children due to the lack of quality care and child-rearing issues (Hatch Grieshaber, 2002).. On the other hand, in the developed countries, globalisation may cause relocation, migration of workers as technology and machinery replaced manual-skilled workers (Willams et al., 2005). Thus, many of these workers are forced to look for more job opportunities in other countries, likewise nations also prefer to send low skilled workers to be trained in well developed country, hoping to increase the countrys technological knowledge and skills, and bringing about the increment of wages and remittance of money to support their families at homeland (Hartman, 2002). Furthermore, as global capitalism took place, it often comes along with poverty and conflicts between its social-cultural backgrounds (Edmonds Pavcnik, 2001). Edmonds et al. (2006) also state that globalization makes and pressures a nation not to be left out but it is important for its nations ability to be part of the global mandate. In 1990s, it is surveyed about 80 million labour forces and work migration from Middle Eastern and African countries to America (Goldberg, 2007). Due to the influx of immigration in America, the survey conducted by Hartman (2002) shows a significant increase of multi-cultural and multi-ethnical aspects in America. Correspondingly, change of family structures in Middle Eastern and African countries affect native families as they no longer could rely on their male breadwinner (Hartman, 2002). The shift of native and immigrants marital status where an individual choose to be lone mother/fatherhood, single or divorced, eventually, leads to decrease of birth rate due to different fertility patterns, notably by postponing birth/ no desire of having children (Horgan, 2001). These factors further afflict and add on to a nations social-economic issue, especially when there is a high reallocation of old aged people in a society due to low birth rate (Freeman, 2001). In addition to it, pressure for globalization also hustle the changes of the worlds social and cultural aspects in peoples lives (Penn, 2005). Statistics an d studies conducted by Waller (2009) show huge distinction and diversity differences as regards to the average of children, life expectancy, school expectancy, illiteracy rate, child labour and in industralised countries, give to the rise of the lack of overall human and childrens rights implementation (Gregory, 1999) . A survey conducted by Cigno et al. (2002) reports that parental decisions often affects children education rights and the national education policies structures, since parents consider the cost of children education, expected returns when they invest in their childrens education and the state educational investment for their children (Roseberg Puntch, 2003). A childs future is frequently contrary to the childs future earning return to the family (Cigno et al., 2002). Thus, in developing countries children are used as domestic helper at home and expose to hard labour, children soldiers and even as prostitutions(Carnoy, 1999). Hence, to counteract these hindrance, a clear and direct government protection policies and subsidies for children education and regular school authority inspections to homes could help to support families on childrens education, which eventually encourage the rise of high educated future population and increase highly skilled trained workers in its human capital investment(Cigno et al., 2002). In the research studies of Timimi (2005) it shows a hugh mortality and morbidity of females and children in poor developing countries due to severe ill health and poor healthcare, where poor national economic has prolonged their poverty (Ravens et al.,2009). A qualitative study conducted by McMichael (2000) native government in developing countries lacks the resources and commitment to aid the problems especially in healthcare such as malnutrition and infectious diseases that come along with poverty. Likewise, urbanized cities in developed countries do struggle with poverty but it is the poverty of health. As the cities open to industrialization and globalization, its residents often at risk with illness and sickness link with pollutions- water, air, chemical and toxic pollutions (Ravens et al., 2009). However, if national policies and international organizations decide on how to implement reliable healthcare policies and improve financial incentives to address states healthcare spending through the development of new medical technology internationally (Draxler, 2006). The integrity of nations policies and commitment to childrens and families welfare are often compromised, as these is no clear solution to the question to protect children and families (Draxler, 2006). Hence, Siraj and Woodhead (2009) sought that if the affluence of globalization recognizes the rights of children and families, countries policy makers have to gear themselves and strengthen their policies through clear, direct implementation and frequent reviews of its nation policies for protection and assurance of quality education, healthcare and welfare for children and families. Government has to step up and act in behalf of these children and ramify the issues of poverty, education, healthcare and stable families (Timimi, 2005).

Destruction of the American Dream in Arthur Millers Death of A Salesma

Destruction of the American Dream in Arthur Miller's Death of A Salesman A white picket fence surrounds the tangible icons of the American Dreams in the middle 1900's: a mortgage, an automobile, a kitchen appliance paid for on the monthly - installment - plan, and a silver trophy representative of high school football triumph. A pathetic tale examining the consequences of man's harmartias, Arthur Miller's "Death of A Salesman" satisfies many, but not all, of the essential elements of a tragedy. Reality peels away the thin layers of Willy Loman's American Dream; a dream built on a lifetime of poor choices and false values. Although the characters are not of noble birth nor possess a heroic nature nor experience a reversal of fortune, many of the elements in "Death of A Salesman" fulfill the criteria of a classic tragedy. The downfall and crisis points in the play are directly linked to the Loman family's combined harmartias, or personal flaws. The Loman's have unrealistic ideas regarding the meaning of success. To Willy, the foundation of success is not education or hard work, but rather "who you know and the smile on your face." Moreover, Willy ridicules the education Bernard has earned, declaring that his sons, Biff and Hap, will get further ahead in the business world because "the man who makes an appearance in the business world, the man who creates personal interest, is the man who gets ahead. Be liked, and you will never want." Willy idolizes two men: his brother, Ben, who walked out of an African jungle a rich man, and an 84-year-old salesman who could "pick a phone in twenty or thirty cities an d be remembered and loved, and finally honored by hundred of mourners at his funeral." To Linda, success is paying off a 25... ...ue values. In addition to the link between a character's downfall and the character's harmartias, recognition, or personal discovery, is a crucial element of tragedy. In the requiem of the play, Biff had a glimpse of personal recognition, although Willy, Linda, and Hap never discover the truth about themselves. Biff realizes Willy had the wrong dreams. In accepting the truth about his father, Biff is able to make a decision about his own future based on a realistic view of his capabilities. Is "Death of A Salesman" a tragedy or an illustration of pathos? By classic standards of tragedy the play fails only in the types of characters and lack of reversal of fortune, not in its examination of the consequences of man's harmartias. Realistic dreams, suitable choices, and honest values are the necessary tools to build the white picket fence of the American Dream.

My School

School is a temple of learning and a training ground for future citizens. The name of my school is JB High School. It was set up in 1943 by a land-lord in our area. He donated land and money for the school. The atmosphere in which our school is situated is very pleasant. It is surrounded by a play ground on one side and a garden with a small pond on the other. The school has two rows of big buildings. The name of the school is written on the front building. There are ten class rooms in the front building. Other ten rooms in the back building are used for different purposes such as the Head Master's Office, Library, the Clerk's Office, the Science Laboratory, the Teachers' Common-room, the N. C. C. and Scout Room, etc. There is also a hostel in our school campus. There are twenty teachers, a PET, a librarian, a clerk and two peons in our school. All the teachers are qualified and experienced. The Head Master is a learned man. He teaches Science and Geography. He also teaches English. The total number of students of our school is about five hundred. We go to school in uniform. The uniform for boys consists of blue half-pant and white half shirt. For girls it consists of blue skirt and white blouse. The school functions from 10. 30 A. M. to 4 P. M. classes begin after a mass prayer. During the recess hour we go to play ground. Some students also go to library and read newspaper there. In games period we play football, volley ball, etc. Girl students play ring ball too. The library of our school is a big one. There are about two thousand books on different subjects; we have a library period in our weekly routine. We borrow books from our library and refund them after a week. We observe the Republic Day, the Independence Day, the Teacher's Day in our school. We also celebrate the Ganesh Puja and the Saraswati Puja in our school. We also hold debate competitions and games and sports every year. The school magazine named â€Å"the Shree† is published every year. In annual examinations the students from our school show brilliant performance. Many students from this school have occupied glorious position in our state. The District Science Exhibition is also held in our school. Two years ago a classical teacher from our school won the Governor's Award. The discipline, the study atmosphere and the brilliant academic result of our school attract many meritorious students from distant parts of our state. It is an ideal school in all respects.

The Apple Logo

Logos: Apple A very common sight for many people: The Apple logo. In the diagram on the separate sheet, we see how they used Fibonacci to make an aesthetically pleasing picture. The logo looks nice because of its rounded, almost spherical shape. Some would argue that it is perfect whereas others find it boring. Over the years the colours have changed from the rainbow stripes of 1976 to the monochrome of 1998. It had changed to be monochrome to look more professional as opposed to childish.It also scaled up the size of the logo to make It look far more prominent and make anyone ith an apple product In public an advertisement. The first apple logo was of Isaac Newton under a tree made in 1976: it quickly died due to its complexity and overall ugliness. It was archaic and would not fit onto their products very easily without making it look stupid. The bite in the new logo was said by the designers to make it look less like a tomato.Their fans said the bite was a byte – a small ne rdy Joke which the developers and media found rather amusing and fitting for a technological company. When asked about the logo design, Jean-Louis Gass ©e, former apple executive, tated: â€Å"One of the deep mysteries to me is our logo, the symbol of lust and knowledge, bitten into, all crossed with the colors of the rainbow in the wrong order. You couldnt dream a more appropriate logo: lust, knowledge, hope and anarchy. This was an inspiring thing said, of course, by a passionate Frenchman. Rob Janoff, designer of the rainbow Apple logo, said there was no Importance of the colour scheme and that he Just wanted green to be at the top where the leaf Is, however, Steve Jobs said he wanted the rainbow colour scheme to ‘humanize' their ompany. I think the logo is good because of all the thought that went into making it. We do not know if the Fibonacci sequence was actually used when it was made but either way, it works to make icon look sleek.In our society, Apple products are seen as a symbol of wealth which, to me, seems rather Ironic to Gass ©e's statement of the bite. All In all, they certainly do take a bite out of your wallet. Source of historical information: http://www. edibleapple. com/2009/04/20/the-evolution-and-history-of-the-apple-logo/ The Apple Logo By Mackatosh caled up the size of the logo to make it look far more prominent and make anyone with an apple product in public an advertisement.