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Competency To Stand Trial Essay

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Competency to stand trial (CST) is determined by medical experts who are given the power to determine whether defendants are rationally able to participate in court proceedings. However, the possible infringements of rights are largely dependent on the opinions of an expert who is only deemed reliable and accurate based on their status as an “expert”. This essay will argue that the use of expert witnesses is ineffective as a means to determine competency and is also a risk to individual constitutional rights. The essay will outline the roles of the expert witness and the contributions of their opinions towards determining CST. However, there are complications with the nature of the use of an expert, as it may infringe on the defendants right …show more content…

The expert is often asked to give their experienced opinion on hypothetical questions related to the case, based on the facts presented. However, the “hearsay rule” designates that they were not allowed to disclose information that was obtained outside of court (Johnston and Sartwelle 2013). Other than this rule that governs all court processes, there are few regulations regarding the expert’s testimony. As long as the opinions of the experts were relevant and reliable in the realm of the expert’s field, it would be acceptable (Johnston and Sartwelle 2013). As a result, expert witness controls great power in the court room. Also, since, modern values of medicine and science has led to the dominance of everyday life, the role of an expert witness seems natural and justified (Rogers and Shuman 2005, Chap 3). This is documented in studies where they have found that there are more than 80% of civil cases where expert witnesses are incorporated in the judicial process (Johnston and Sartwelle 2013). With the power that expert witnesses command in court, and the lack of regulation of how their opinions can be applied, it can compromise the due process initiatives of the

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During the trial, the doctor who analyzed Perry’s sanity, Dr. Jones, testified his opinion: “‘From your conversations and examination of Perry Edward Smith, do you have an opinion as to whether he knew right from wrong at the time of the offense involved in this action?’... Answer yes or no, do you have an opinion?’ ‘No’” (Capote 296). He then follows this up with a lengthy and detailed description of how the Doctor would have defended his response had he been allowed by the prosecution to elaborate.

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Arguments: The State argues that “proffered evidence” of Dr. Kuris’ expert testimony is irrelevant because Cavallo may have committed rape on this specific encounter regardless if he does not possess rapist characteristics. The defendants argue that the reliability of scientific expert testimony should determine the importance, not admissibility. Issue: Whether, (1) Dr. Kuris’ expert testimony is relevant as an expert opinion evidence of Cavallo’s character under the ruling of Rule 47? (2) Did Dr. Kuris’ expert testimony satisfy the special limitations on expert evidence under the ruling of Rule 56 (2) and New Jersey case law? (3) Did Dr. Kuris’ expert testimony achieve general acceptance in the scientific community to convince the court that it is reasonably

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v Lavallee (1990), expert testimony is admissible if the evidence is relevant to the case, even if it is based on hearsay. Though the appellant did not testify, rule 804 of the Federal Rules of Evidence allows hearsay statements to be considered in the event that the appellant refuses to testify (Matson, 2004). The hearsay evidence assists the expert in determining their opinion, but it is not used as evidence to the existence of the facts. As long as there is some admissible evidence to the expert’s testimony, the jury or judge cannot ignore it – the greater matter is determining how much weight should be given to the testimony. The judge is required to warn the jury of the reliability and credibility of the information, and to determine a weight at which the jury should use to influence their decision regarding the case (Ottawa L. Rev.,

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The relevance of juries in the Australian criminal system given the expansion in modern technology has been questioned regarding the effectiveness of ordinary people judging complex legal issues. The jury system was developed in England between the 12th and 15th century, in a time when courts relied more on the theory of a jury judging its own peers. With complex evidence presented in courts and the advances in technology available to the average citizen, the use of the jury system has been reported to have problems regarding the comprehension and impartiality. There are many pros and cons to the jury system currently in use in our Australian legal system, for the jury system to be able to work coherently with our legal system these pros and

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Australian courts have ruled that a trial will rarely be fair for an accused without adequate legal representation and due to this give parties to gather and present evidence and make the decision of having legal representation. Although legal representation is an option, in most cases it costs a significant amount of money and many people cannot afford such large costs. Since the adversary system is flexible and allows for parties to have control, alternatives are taken into consideration of these issues. This is shown in the case R v Gittany 2014 as Simon Gittany granted a judge-alone trial in order to save money on legal representation. By choosing this option of a judge alone trail he the case became case two weeks shorter, saving time.

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1.0 Introduction Section 80 guarantees the right to trial by jury. The Queensland Jury Act 1995 provides the current legislation which decrees that all trials on indictment must be by jury. In the ninety years since this legislation was passed, an increase of trial complexity has occurred, leaving many jurors with the inability to comprehend the information and evidence procured in a trial. This proceeds to make lay juries ineffective and unreliable. To remedy the situation, specialised juries should be introduced to minimize the amount of incorrect verdicts, misunderstandings in court, jury misconduct, and avoidance of jury duty.

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Under the modified Daubert standard, relevant scientific evidence is only admissible if it is centered upon testable hypotheses, conforms with the standard rate of potential errors, has been peer reviewed, and if the method is generally accepted in the scientific community (Hoog, 2008). However, there are three problems with the application of the Daubert standard. Firstly, David E. Bernstein and Jeffrey D. Jackson (2004) proved that there was no uniformity in the application of the standard in the sense that it’s only abided with in a portion of the states, and not necessarily with full adherence. Secondly, since the judge is not a scientist, it is difficult for him/her to, without doubt, determine the full honesty of the experts’ testimonies. An example from the Willingham case would be the two medical experts asserting that he was a sociopath although one was an irrelevant family counselor and the other, known as “Dr. Death” and later expelled from the American Psychiatric Association for ethical violations, had not even spoken to Todd Willingham.

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That is the moral ambiguity surrounding the defense of an individual who may be guilty of committing a crime. This paper discusses the ethical dilemma of providing legal representation to clients whose behavior may contradict morality and societal norms, based on my internship experience. Despite this ethical predicament, I will shed light on the importance of legal representation and the significance of attorney-client privilege and due process. During my time shadowing my attorney, two instances arose that made me question the ethical implications of defending an individual who may be guilty of a crime. Without disclosing personal information, I will refer to the defendant as A and the victim as B. The first instance that I experienced was related to an evidentiary hearing, which is a legal proceeding where evidence and legal arguments are presented to a judge for a decision on a disputed issue.

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Alongside this, they are highly experienced. Therefore, this represents a pivotal element which can positively support the view that the juror system is outdated and that a judge system is a superior option. The argument about prejudiced behaviour in the courts has raised a discussion on the effectiveness and efficacy of the jury system in a trial. Critics contend that jury trials are especially vulnerable to prejudices arising from societal biases. Subsequently, the argument that the juror system is outdated and should no longer be in use is supported by this view.

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Lawyers also decide what is relevant in court, rather than letting parties decide what they believe to be relevant. Because of this, victims lose participation in their own case. Christie also discusses the types of segmentation and their effects on modern law. I agree with Christie’s views of modern law in regards to reduced participation of parties, the presence of too many specialists, and his view on segmentation. I agree with

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Hearsay, Hearsay Exceptions, and Hearsay Difficulties Jacob Karko Arizona State University CRJ 321 Professor Andrew Clemency January 28th, 2023 Hearsay, Hearsay Exceptions, and Hearsay Difficulties The purpose of this paper is to explore four topics revolving around hearsay in the court room. The first topic is defining hearsay, what can be considered hearsay and its differences with the standard definition. The second topic will cover what is not hearsay despite being close in relation to hearsay. The third topic is the exceptions to hearsay under rules 8/01 through 807.

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In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).

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