Christine has made numerous outstanding points regarding the legal aid that Martin can receive regarding his mountain property, Otis illegally establishing property on the mountain property, his coastal property, and lastly, his 1966 Pontiac GTO car that was stolen by Benjamin who was not a valet at the restaurant Martin decided to dine in for the evening. This reply will address the stolen car. Although the car dealer said that he did not know that the car was stolen, he also did not want to cooperate to make sure that Martin, the victim, was taken care of. The car dealer made the statement that he had to be compensated for the car before he would give it to Martin. These words are not words of an honest God fearing man. Section 43 of …show more content…
An honest car dealer would not accept a car without a car title being signed over by the proper owner. Larceny of stolen goods is a crime carried out by professional thieves because they can quickly sale the merchandise in exchange for money with no evidence left that they were involved (Clark, 1953, pg. 270). Benjamin was the first step in this scheme gaining below the market value of that type vehicle, and the car dealer may very well have been the final stage of the scheme. Furthermore, it cannot just be taken at the car dealer’s word that he had no knowledge of the vehicle being stolen. In Proverbs, the Lord reveals his feelings on lying, “Lying lips are an abomination unto the Lord: but they that deal truly are his delight” (12:22 King James Version). Section 309 of Act 31 of 1917 backs up Section 43 of the 1916 Larceny Act stating that within a 12-month span of the offense of receiving stolen property with knowledge that it is stolen there can be an investigation (Masters, 1947, p. 342). However, if the offense of fraud and dishonesty is found to be true then there can be an expanded investigation of five years (Masters, 1947, p. 342). Finally, the evidence gathered can be used to prove that the accused knew that the property was stolen (Masters,
Martin is more than just the meek and acquiescent individual he seems to be; “Mr. Martin bought the pack of Camels on Monday night...if any of the staff at F&S had seen him buy cigarettes, they would have been astonished, for it was generally known that Mr. Martin did not smoke and never had.” (212). However, as the story progresses, we are introduced to the dark, ominous, and minatory personality of Mr. Martin, one that he kept clandestine and internal, which fuels his hatred for Mrs. Barrows. With the fulfillment of Mr. Martin’s ploy to rid his workplace of the obnoxious and vexatious Mrs. Barrows, it thereby gives the reader a sense of realization of the true cynicism inherent in Mr. Martin, and that a displeasure of significant magnitude can spark his disclosed nefarious nature, and the result is oftentimes, as displayed with Mrs. Barrows aftermath,
Marty Anderson was an employee for Family Auto Repair (FAR) in Memphis and was transfer to their Jackson store, which was an hour and a half from his house. The company allow Marty to use a company vehicle to make his long commute, although he had his own vehicle. The terms of the explicit permission to use the vehicle were: to and from work, during lunch breaks, and to deliver and transfer items between FAR’s two facilities either before work or on his way home. Marty Anderson became a victim of the dilemma when he fell asleep at the wheel and injured a man, Steve Spritzer, in the company vehicle, at a time when he did not have explicit permission to be using the vehicle. Marty Anderson’s case can be argued in his favor or in FAR’s favor,
...xpert witnesses. Interviews and statements can be used in court if they are documented properly. The expert witness is used to support the evidence that has been obtained. These three things can preserve the discovery and support the case in court.
In conclusion, as shown throughout this paper, evidence is needed to convince jurors to give a verdict of guilt or not guilt. Evidence comes in several forms such as physical evidence, substantial evidence. When evidence is presented, it acceptance in trial depends on relevant to the case to be admissible. “Relevance refers to any material fact or evidence having a tendency to make the existence of a matter at issue more probable than it would be without said fact (probative value)”(Britz, 2008, p. 344).
The burden of proof in any case lies to the prosecutor. The prosecutor has to provide evidence that proves the defendant is guilty beyond reasonable doubt. It is the work of the prosecutor to convince, through evidence, the judge or the jury of a criminal case that the accused committed the offense and did so knowingly or out of negligence. The evidence must point the defendant as guilty such that any reasonable person would have no doubt of a guilty verdict. The prosecutor’s evidence in a criminal case must be of a set standard such that no other logical explanation can be derived from the facts except that the accused committed the offense. Prima facie evidence refers to evidence that is sufficient to prove a conviction against a defendant
In the criminal justice system, the best chance of a fair trial and justice lies within cases that include physical evidence. Physical evidence, whether fibers, fingerprints, or DNA, can give a jury proof beyond a reasonable doubt. Physical evidence can convict a criminal, or it can free an innocent man. It can bring closure to families and to the law enforcement that work the cases. The following cases will show what physical evidence does in a criminal trial and the vast impact it can make. For each case I will examine how the physical evidence was important to the case and whether or not it could have made more of a difference if the presentation of the evidence were different. The five cases are: the Mosley case, the Warren case, the Chandler case, the Frediani case, and the Swift Case.
In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she was still alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude to the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness, was used to strengthen the circumstantial evidence.
...tz et. al. 1997). “The standard of proof in a trial is one such fundamental tenet of criminal law.” (Horowitz et. al. 1997).
When you get a car stolen you expect it to be a crime. You expect your car to be torn up, trashed, run down, and problems with it, that was not this case though.
...ons of jurors. When evidence cannot be provided prosecutors must find convincing methods to let the jurors understand why they are unable to do so.
In order to understand how to compile evidence for criminal cases, we must understand the most effective types of evidence. This topic is interesting because there are ample amounts of cases where defendants have gotten off because of the lack of forensic evidence. If we believe forensic evidence is so important and it affects our decisions, then maybe we need to be educated on the reality of forensic evidence. If we can be educated, then we may have a more successful justice system. If we have a more successful justice system than the public could gain more confidence that justice will be served. In order to do this, we must find what type of evidence is most effective, this can be done by examining different types of evidence.
BICYCLE THIEVES Bicycle Thieves (1948), is nowadays considered by many film critics, one of the greatest masterpieces of Italian Neorealist cinema, and, on his debut, the film by De Sica managed to have a greater international success being awarded the Oscar for best foreign film in 1949. But to understand why this film can be considered a Neorealist film, we must first identify the characteristics of the Neo-realist art. The main characteristics of Neorealism are similar, for certain aspects, to the ones of Naturalism and Verism, which were cultural movements in Europe in the late 19th century. Naturalism had a start in France as a direct application of Positivism and aimed at describing the psychological and social reality through the same methods used by the natural sciences.
Embezzlement is described in the book Criminology Today by Frank Schmalleger as, ”The unlawful misappropriation for personal use of money, property or other thing of value entrusted to the offender’s care, custody, or control”. One well known embezzlement case was discovered in 2008, it was perpetrated by Ausaf Umar Siddiqui a Pakistani American, better known a...
...n of legally obtained evidence and statements. Each and every person involved in the process of the evidence collection and processing must be available for trial. If one of these parties is not available, it may cause some doubt in the juror’s mind, as to what was done with that piece of evidence. The case must be proven beyond a reasonable doubt. In conclusion if any piece of this investigation is not followed by using established guidelines, the outcome will not lead to the successful conviction.
We all dream in the day we get to purchase our first vehicle. The day we stop asking our parents to take us here and there. Some may say buying a vehicle is a pain in the you know what. It can seem like a stressful situation if you're not familiar with the process. However, working in the car industry has taught me valuable tips and tricks that will help me teach you to save money when car buying.