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.

Self-Assessment reflection Essay Example | Topics and Well Written Essays - 750 words

Self-Assessment reflection - Essay Example I highly value an opportunity for independent thought or action and moderately consider frequent raises in pay. Moreover, I attach little significance in developing close friendship at work. Notably, these aspects would enhance my intensity, direction, and persistence towards attaining a organizational goal. In considering my dominant needs, my scores for the need for achievement were 19, for affiliation were 14, for autonomy were 20, and for power were 18. Notably, my dominant needs relate to the McClelland's Theory of Needs, which recognizes the need for achievement, and the need for power. However, I negate the need for affiliation. More so, I do my best at work, where I rarely spend time interacting with people. I disregard supervision and enjoy leading a project in my work. This relates to the expectancy theory, which asserts that efforts lead to successful performance and that we should reward successful performance. In analyzing the rewards that I value most, I have a score of 4 for good work, 4 for prestigious title, 3 for vacation time, 4 for job security, 3 for recognition, 5 for interesting work, 3 for pleasant conditions, 5 for advancement, 3 for flexible schedule, and 2 for friendly workers. In fact, recognition is the most powerful and least expensive workplace motivator. As such, I highly value, good pay, prestigious title, and job security. However, vacation time does not matter to me. Indeed, payment should correlate with performance. Indeed, I value piece-rate pay where get a fixed sum for each unit of production completed. In considering my view on the nature of people my Theory X- Theory-Y, orientation had a score of 25. I value people of theory Y who exercise self-direction and self-control if committed to objectives. Ideally, I disagree that the average human being requires direction and supervision and hence has no ambition. This represents people of theory X whom I must coerce or control to perform. I also disagree that everybody can acq uire leadership but agree that rewards motivate people to work. However, I am not sure whether fellow employees can influence me and whether individualism is more objective oriented than teamwork. Moreover, I agree that a good leader should give specific, detailed, and complete instructions in a work environment. Indeed, this relates to the Goal-Setting Theory, which asserts that the goals set by the leaders increase performance in an organization. In analyzing my willingness to delegate, I responded to 18 items and scored 52 points. Ideally, I disagree that delegating jobs leads to poor performance. Moreover, I do not supervise my subordinates in secrecy and wholly delegate all my jobs to the subordinates with an aim of reviewing the results. Nevertheless, it is not certain that I will get time to delegate properly. As such, according to my assessment results, a manager can achieve the greatest success in motivating me by satisfying my growth needs and creating an enabling environm ent for the development of new skills and knowledge at work. Moreover, the manager can successfully motivate me by giving me a good pay and offering me a chance to think and act independently. On the other hand, according to my assessments, I highly value rewards, which include good pay, prestigious title, and job security in my work. I also value an interesting work and chance to advance in my work.