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Criminal Justice

8 Posts tagged with the instructor_blogs tag
0

If you want to read the series in order (not entirely necessary), then Read "Volume One" here. Improving your crime awareness is the first volume in this ongoing collection of crime awareness posts. Self defense is going to be covered in the following volume, and will focus on taking the defensive when you've run out of all other options.

 


It's absolutely necessary to know that no matter what, your first option should be to run away. Fight or flight reflexes are natural reactions to attacks and other incidents that leave you fearful for your safety. The only time it's absolutely necessary to fight is when you have no other options. It would be irresponsible to encourage anybody to attempt fighting an assailant when running is also the key to your safety. There are always stipulations to these incidents though, so no matter what using good judgement and common sense should be top priorities.

 

Read more here...

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Surveillance is not all fun and car chases.  It can be rather demanding on you both physically and mentally.  It often requires working early morning hours, late evening hours, and many weekends and holidays.  What is the primary trait required to be successful at surveillance?  Patience!  Surveillance requires hours upon hours of waiting and watching, watching and waiting.  You can not allow your concentration to break from the task at hand.  Activity can take place in seconds and if you are daydreaming or changing the station on the radio, you could miss it all.  Please note that the words “claimant” and “subject” are used interchangeably, but are always referring to the party that you are conducting the surveillance on.

 

I once performed surveillance for six days, ten hours per day, and only obtained 17 seconds of video.  Knowing only this information would make most people wonder just how good of an investigator I was.  However, the truth is that this brief video won the case for my client and saved them over $300,000.  The claimant in that case alleged that he was paralyzed from the waist down and that he required the use of a wheelchair everywhere he went.  On one rainy afternoon the claimant was preparing to leave his house, and his wife had carried his wheelchair to the car.  The claimant ran from the house to the car, found the door locked, and ran back inside the house.  A few seconds later, he ran back to the car and climbed inside.  Approximately 20 minutes later the claimant arrived at his doctor’s office.  He now required his wife’s assistance to get out of the car and had to be placed in the wheelchair.

 

At the trial, the claimant entered the courtroom in his wheelchair and told the court that he had been unable to use his legs since the date of the accident, and that it was impossible for him to stand.  The few seconds of video showing the claimant running completely discounted the claimant’s charge that he was paralyzed.  Imagine if I had gotten bored and decided to read the newspaper for a while.  I would have missed this activity and a fraud would most likely have walked away with a very large sum of money from settlement or award.

 

Surveillance is not easy.  It is a task that even when performed to perfection can result in the appearance of incompetence.  First of all, you cannot make a claimant come out of his or her house and perform some activity for you to document.  You can try to gain as much intelligence as possible from your client, but you still may know nothing more about the claimant than his name, address, and description as a white male, average height, average build, with medium to dark hair.  A person matching that description leaves the claimant’s residence, but turns out to be the wrong person.  You can sit and watch a claimant for days with no activity.  Later, they leave the house and within 30 seconds you have lost contact with them due to heavy traffic, or getting caught at a traffic device.  You could even get caught by the claimant or by a neighbor.  It happens to us all.

 

Even the most skilled, highly trained, and best equipped investigators face these problems.  It is the most frustrating feeling in the world.  Learning skills such as how to gather pre-surveillance information, where to establish your surveillance position, how close to tail the claimant, and how to anticipate turns comes from practice and experience.  The more surveillance you conduct, the better you get at it.

 

Larry Davis

Private Investigation Instructor

Ashworth College

8

For some, writing is fun and easy.  For others, it is a struggle.  Whatever your attitude is towards writing, I want to do whatever I can to help make you a better writer.   

 

Let’s start by exploring what you might write in a law office, what you might help others to write, and what specific steps you can take to improve your writing style.  As amazing as it sounds, you can improve your writing style instantly by following some of the suggestions I’m going to outline for you. 

 

Suppose you are asked by your supervising attorney to draft a memorandum and a cover letter.  Even if you lack confidence in your writing style, you can structure the memo and letter logically and use words which clearly express your thoughts. 

 

Use an entire piece of paper to list the features or topics you will include in the memo.  Below each feature, write one sentence describing the contents of that feature.  Decide how many separate, narrower topics will be contained within each feature.  List them near the sentences you just wrote.  You have just outlined the structure of your memo. 

 

Next, begin writing feature-by-feature.  As you write, work with the substance of each sentence or paragraph.  Don't expect your choice of words to be perfect the very first time.  When time permits, edit your writing and have someone whose opinion you value edit your writing as well.  Finally, fine-tune the words to be certain you have expressed your points clearly.  Use the cover letter to explain what you would tell the readers if you were speaking directly to them.

 

Legal writing can be difficult to get used to.  This is especially true if you’re used to writing for English or literature courses, or for any course where creativity and flowery language is welcomed.  It is a difficult transition to go from colorful language to language that is concise and to the point.  However, it is a transition that you must make.  The practice of law involves endless numbers of documents.  Attorneys, judges, and others have no time to read long, unnecessary explanations.  Legal professionals want to quickly get the information they need from documents, and often skim documents to identify the desired information.

 

One of the most important documents that you will draft is simply a letter.  I’m not saying this is the only type of document that you will compose.  Paralegals today assist in drafting all sorts of documents, some of which can be highly sophisticated.  But a letter is so significant because through this ordinary device you will communicate with individuals outside of your office.  Letters usually inform someone that you need them to do something or inform someone of what you are doing.  Well-written letters will reflect positively on your law office.  Poorly written letters will reflect poorly on your employer and on you! 

 

At one law firm where a friend worked, they had a set of “golden rules,” one of which I will never forget.  The rule read “No document that is short of perfect shall leave the walls of this office.”  If one of the partners were ever informed of any document (including a letter) that was sent with a misspelled word, punctuation error, or other similar error, the guilty party would be in serious trouble.  Lawyers were not too fond of that rule, but I greatly respected that rule.  Throughout my work as an attorney and as a paralegal educator, I have been baffled by the number of poorly written documents I have received from all different types of individuals.  Establish a rule for yourself against writing mistakes.  It won’t prevent every error, but in the long run, attention to your writing will definitely help you get ahead.

 

Dan Mitchell

Paralegal Studies Advisor

Ashworth College

23

The primary concern is privacy. DNA profiles are different from fingerprints, which are useful only for identification. DNA can provide insights into many intimate aspects of people and their families including susceptibility to particular diseases, legitimacy of birth, and perhaps predispositions to certain behaviors and sexual orientation. This information increases the potential for genetic discrimination by government, insurers, employers, schools, banks, and others.

 

Advantages


  • Major crimes often involve people who also have committed other offenses. Having DNA banked potentially could make it easier to identify suspects, just as fingerprint databases do.
  • Innocent people currently are incarcerated for crimes they did not commit; if DNA samples had been taken at the time of arrest, these individuals could have been proven innocent and thereby avoided incarceration.
  • Banking arrestees' DNA instead of banking only that of convicted criminals could result in financial savings in investigation, prosecution, and incarceration.

 

Disadvantages


  • Arrestees often are found innocent of crimes.  The retention of innocent people's DNA raises significant ethical and social issues.

 

  • If people’s DNA is in police databases, they might be identified as matches or partial matches to DNA found at crime scenes. This occurs even with innocent people, for instance, if an individual had been at a crime scene earlier or had a similar DNA profile to the actual criminal.

 

  • Sensitive genetic information, such as family relationships and disease susceptibility, can be obtained from DNA samples. Police, forensic science services, and researchers using the database have access to people’s DNA without their consent. This can be seen as an intrusion of personal privacy and a violation of civil liberties.

 

  • Studies of the United Kingdom’s criminal database, which retains the DNA samples of all suspects, show that ethnic minorities are over represented in the population of arrestees and are, therefore, overrepresented in the criminal DNA database. This raises the concern of an institutionalized ethnic bias in the criminal justice system.

 

  • Even the most secure database has a chance of being compromised.

 

Would you mind having your DNA stored on a database, if it helped to convict dangerous criminals? Or is it a worrying infringement of your human rights?

 

Niki Astor

Forensic Science Instructor

Ashworth College

2

 

I have had many occasions to use the Internet to search for information related to evidence submitted to the laboratory.  One recent case involved an auto theft in which the suspect stole the vehicle and then crashed it during his joyride.  During the crash, the vehicle’s driver’s side airbag deployed.  The suspect was apprehended a short distance away from the crash site and the arresting officer noticed a semicircular residue pattern on the suspect’s white t-shirt in addition to an abrasion pattern on the side of his face.  The suspect denied any knowledge of the stolen vehicle and denied being in the vehicle.  He stated that the abrasion on his face and the residue pattern on his shirt were due to a scuffle he had had earlier in the evening.  The shirt and the airbag from the vehicle were submitted to the laboratory along with a request to look for any evidence which would place the suspect in the vehicle.  The initial examination of the suspect’s shirt revealed a brownish residue pattern in which a stitched design was visible.  This pattern was consistent in size and shape with the stitching pattern on the front of the airbag.

 

To learn more about how airbags are constructed and how they operate, I searched the Internet and found the manufacturers’ websites for the major manufacturers of airbags.  These sites provided a wealth of information about how airbags are designed and the construction and composition of the bags.  The sites also provided information about the propellants and the initiators used to create the gases which inflate the airbags upon impact.  I also found information about the cornstarch based powder which is used during the folding and packing of airbags.

 

With the information I gained from the search, I was able to analyze residue from the suspect’s shirt and conduct analyses to show that the residue on his shirt contained materials consistent with the propellants used in airbags and that cornstarch granules were also present which were consistent with the material used in packaging airbags.  I also compared the residue pattern and spacing on the shirt to the stitching pattern of the airbag to show that they were consistent.  When presented with the laboratory results, the suspect changed his story and later pled guilty to the crime.

 

It should be noted that I am constantly visiting manufacturers’ websites to gain information about shoe sole patterns and tire tread designs.  There are also many legal websites containing information about recent court cases and court decisions in reference to forensic evidence.  Let me share a few of my favorite forensic web sites with you.

 

An Introduction to Forensic Firearms Identification

 

Crime Scene Investigation

 

Crimes and Clues

 

 

Larry Davis

Private Investigation Instructor

Ashworth College

11

Clients may be very emotional when discussing an injury that has occurred either to them or to someone very dear to them.  You must be sensitive to these issues, so as not to upset the client and to maintain a positive working relationship with the client.  As you know, you are not allowed to offer either legal advice or emotional advice to the client.  You are about to become an expert in the legal profession—not an expert psychologist.  It is a delicate balance, then, to make sure you are sensitive to the client without imparting advice about what you think the firm’s client needs to do, think, or feel.

 

Keep in mind that your best guidance comes from focusing on being a professional.  We do not want to overstep boundaries that are not ours to cross.  Instead, we need to maintain a positive working relationship with clients, so we can best represent their legal interests.  Throughout our studies, we will learn much about “attorney-client relationships” and “paralegal-client relationships.”  We will come to appreciate that our clients are the heart of our work.  As their agents, our efforts must revolve around their best interests.  Without clients, we could not be legal professionals, and it is imperative that we maintain the most positive relationships with them that we can.

 

Dan Mitchell

Paralegal Training Course Advisor

Ashworth College

6

 

“The CSI Effect” - as it has come to be known - is becoming a reality in criminal trial courtrooms. As an expert witness in forensic science, it is something I deal with on a daily basis. The popular hit show “CSI”, no matter what spinoff you watch, has become such a phenomenon that it is skewing a juror’s perception of the definition of guilt or innocence. Often times, jurors are reluctant to convict or acquit a defendant without the “solid” evidence the hit TV show always delivers. Prosecutors, defense attorneys and expert witnesses are always having to attempt to read the minds of jurors to decide what questions to ask and the consequences of the answers. “The CSI Effect” is something that should be on your minds as well, whether you turn to criminal justice or forensic science as your career outlet. Here are a couple scenarios to think about - I’m very curious to hear your replies!

 

1) A pedestrian walking down a dark street at night hears gunshots. He then sees a man dropping something into a trash can. The pedestrian doesn’t get a really good look at the man, but notes an approximate height and weight/build. It’s too dark to make out facial features or even color of clothing. The pedestrian hides down the road fearing for his own safety, and waits until the next morning before returning to the trash can to see what was dumped. He retrives a 9mm handgun and immediately calls police.

 

After the victim comes forward, police are able to arrest a suspect. The victim was never struck with a bullet, but attests that the suspect shot at him a couple times after an argument. The suspect claims he was never in an argument and doesn’t own a 9mm handgun. At trial, the pedestrian testifies that he heard gunshots and saw a man with the defendant’s height and build throw a handgun in the trash can. There were no conclusive fingerprints lifted from the firearm, only smudges, and the serial number of the firearm had been filed off.

 

The prosecutor argues the circumstantial evidence is overwhelming because the victim and the suspect were definitely together at or around that time of the evening. And the police discovered the suspect was lying when he said he didn’t own a 9mm handgun. The suspect indeed owned a 9mm handgun, but could not produce it during a search warrant of him home. He claimed someone took it a couple days before. The prosecution closes its case by stating the integrity of the suspect is compromised by lying and the pedestrian eyewitness is a credible upstanding citizen in his community. The defense attorney does his best by contiuously stating the eyewitness did not positively identify the suspect and there is only circumstantial evidence against his client. As a juror on the case, what do you decide?

 

2) A woman is observed by police exiting an abandoned house well known for its drug activity. She gets into her car and drives away. The police officer pulls her over for failure to signal a lane change. After she exits the vehicle, he notes she is having difficulty speaking and is very nervous. The officer pulls a small glassine Ziploc bag with an off-white chunky material from her mouth. She is charged with violating the Controlled Substances Act by possessing a controlled substance and taken to jail for booking. The substance was transported to the local Crime Lab and found to be positive for cocaine. At the trial, the defense claims there is no proof that the event ever occurred because the incident was not videotaped and there was no DNA analysis performed on the Ziploc bag. There was a secondary officer present at the scene, but his integrity comes into play when the defense informs the jury of his misconduct on the force over the last couple of years. The defense attorney would not put it past the secondary officer to lie just to put this woman behind bars. The prosecutor states the arresting officer, however, has an outstanding record with the police department and has no reason to fabricate such a story. As a juror on the case, is the woman guilty or not guilty?

9

Recent discussions concerning emergency critical care during a pandemic or massive emergency were held between the medical community and the federal government. During severe scenarios, it was agreed that there would be some tough decisions to be made regarding who will receive care and who will not. These issues have arisen due to large scale disasters like the 9/11 attacks in NYC and Katrina. As a security manager or anyone who will be responsible for an emergency plan for their facility, you will need to know and prepare for the fact that your place or many of its people may not receive emergency care.

 

Staffing, beds, trauma care, are all issues that come into play.

 

Facilities will be stretched to the maximum in the event of a pandemic or disaster. Therefore, employees of medical facilities and their families will get top priority to assure that employees will respond when called to duty. Ambulatory patients will be released to non-emergency facilities, shelters, and their homes. The list of persons who would NOT receive critical care during a pandemic in particular was published in “Chest”, the journal of the American College of Chest Physicians.

 

http://25.media.tumblr.com/acced5d84899e8e09b76b8bc9f2cf4df/tumblr_mfz1p8hx871r1mtsdo1_500.gif

Image courtesy of muver54.

 

In a nutshell, people over 85 years of age, trauma victims, over 60 years old with severe burns, those with serious chronic conditions and those with mental impairments will not receive care in a pandemic. While this is harsh, and is being hashed out with Homeland Security, the US Government appears ready to shield hospitals and doctors from malpractice suits in such an event. They did so after lethal doses of painkillers were given to critically ill patients who would not otherwise survive after Katrina.

 

This issue isn’t cast in stone yet, but do continue to monitor this as discussions continue. However, for the time being, this is the “plan”.  Your facility or some of its people may be on their own in an attack or pandemic.

 

Terry Cochran

Security Administration Associate Degree Consultant

Ashworth College