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Lane
Lane, MBA, CFP, CRPS
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Experience:  MBA, CFP & Chartered Retirement Plans Specialist
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Please help! I am doing a course

Customer Question

Please help! I am doing a course on Criminal Law and I need to answer the following question: "Mr. A is accused of fraud. According to your investigations, he gained access to his company’s sales manager’s office without permission. He used the sales manager’s computer and in an e-mail he presented himself as the sales manager to a client (a buyer). He also instructed the client to deposit payment for goods purchased into his, Mr. A’s, personal bank account. His actions were recorded by a hidden video camera. Another colleague obtained bank statements from Mr. A’s brief case. A finger print expert lifted a right thumb print, that can be linked to Mr. A, from the sales manager’s computer. The sales manager, after he had made a full statement to you, has since passed away. How would you go about proving that all the important probative material is admissible? Discuss step by step." There is so much involved here and I (who doesn't have any experience with law whatsoever, I am a psychologist!) don't even know where to start. I would REALLY appreciate your help!
Submitted: 2 years ago.
Category: Homework
Expert:  Mike replied 2 years ago.
Welcome, and thank you for your question.

It seems that you are expected to argue the matter from the prosecution's point of view, do I understand you correctly?

Did you get any instructions on the length of the answer or the submission date?

Yours faithfully,
Customer: replied 2 years ago.
Hi Mike

Thank you for getting back to me so quickly.


You are correct - it is from the prosecution's point of view.


I go back for Round 2 of the course on the 23rd of July, so I still have a little bit of time to prepare my paper.


My answer doesn't need to be of the same length/standard as a law student, for example, as this course is just a supplementary course for non-legal professionals interested in criminal law. I just need to demonstrate some sort of understanding on how to use normally inadmissible evidence.


I must admit that I didn't realize just how intense this course would be. And after doing psychology for 8 years my brain is now freaking out as I ask it to do law!


Thank you SO much for your help,


I would be VERY stuck without you!!!!
Expert:  Angela--Mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find another Professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Hi Angela

Thanks so much for getting back to me!


I would really appreciate some input on this question as I am really struggling, so if you have someone that could assist me that would be great!
Expert:  Angela--Mod replied 2 years ago.

Sometimes, finding the right Professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Customer: replied 2 years ago.
Great!
Thanks Angela!
Expert:  M. Kennedy replied 2 years ago.

Hello,

I would be glad to help you with this. If I have any questions while working on it, i will contact you.

Customer: replied 2 years ago.
Thank you SO much dkennedy, I really appreciate your help!

I look forward to hearing from you,

Samantha
Expert:  M. Kennedy replied 2 years ago.

I'm not exactly sure how much detail is desired in this essay, but I'll do the best I can. Then, when you review it, if you need more, you can let me know.

Expert:  Lane replied 2 years ago.
Take a look at the FRE (Federal Rules of Evidence) established for the FEDERAL court system in 1975.

This site is a great overview and resource:
http://www.law.cornell.edu/rules/fre/

Admissibility can be broken into 2 components (very generally), it has to be relevant and it must be reliable.

Relevancy:
Remember that here you are trying to prove a fact that is somehow part of the issue at hand (relevant, related … linked by some causality and not just spurious or coincidental).

Reliability:

If using a witness, the prosecutor should first establish credibility of the witness through credentials, etc.
If the evidence is documentary, a “chain of custody” must be shown ( from author to current presenter).
And “Hearsay evidence,” has always been disallowed or qualified

In Daubert v Merrell Dow Pharmaceuticals, Inc. 509 US 579 (1993) the court established 4 things to be considered in establishing credibility a SCIENTIFIC expert:
•whether scientific evidence has been tested and the methodology with which it has been tested
•whether the evidence has been subjected to peer review or publication
•whether a potential rate of error is known
•whether the evidence is generally accepted in the scientific community
These are just snippets, but the cornell site, again, is a concise way to dig in.
Lane, MBA, CFP, CRPS
Category: Homework
Satisfied Customers: 4177
Experience: MBA, CFP & Chartered Retirement Plans Specialist
Lane and 6 other Homework Specialists are ready to help you
Customer: replied 2 years ago.
Hi Expert

Thank you for your response. Although I can see you put effort in, your answer unfortunately doesn't answer my question. I live in South Africa and cannot use US law to motivate my answer.


Also, I need much more information. I know about credibility, reliability and relevance, but I need to prove HOW these types of evidence are relevant.


For example - how do I motivate the admissibility of heresay evidence in this specific case? How can I use previous consistent statements, similar fact evidence, etc?


Thank you!
Expert:  Lane replied 2 years ago.
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Expert:  Lane replied 2 years ago.
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Expert:  Lane replied 2 years ago.
THIS ANSWER IS LOCKED!

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Expert:  Lane replied 2 years ago.
THIS ANSWER IS LOCKED!

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