In a civil case, there is a plaintiff and a defendant. A criminal case occurs when charges are brought against a person by the government. During a courtroom trial, there are several people present including the judge, lawyers, defendant, court reporter, and others.

Key figures in a courtroom trial are the judge, a court reporter (in superior court), a clerk, and a bailiff. Other central people are the attorneys, the plaintiff, the defendant, witnesses, court interpreters, and jurors.

A judge’s preference shows bias only if it is “undeserved, or because it rests upon knowledge that the subject ought not to possess . . . or because it is excessive in degree.”[29] Accordingly, if a parent equivocates during testimony, the judge can question the parent’s credibility and call him a liar.

judge

A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed.

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). The police complete an arrest report soon after they make an arrest and then quickly forward the report to a prosecutor assigned to do case intake.

Generally, prosecutors can’t use evidence of prior convictions to prove a defendant’s guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant’s testimony.

Not only is seven years the baseline lookback period for what is generally available at the courts, but this is also the industry standard for lookback periods. In addition, some states limit the reporting of criminal record information to seven years. States that have a seven-year scope limitation include: California.

Evidence: Definition and Types There are four types evidence by which facts can be proven or disproven at trial which include: Real evidence; Demonstrative evidence; Documentary evidence; and.

» Crimes of dishonesty Dishonesty involves a crime where a person acts directly or indirectly to cheat or defraud for monetary gain or wrongfully takes property that belongs to someone else. Dishonesty also includes acts involving lack of integrity or intent to distort, cheat or act deceitfully or fraudulently.

Previously, to prove that someone had acted dishonestly in theft or fraud cases, the jury had to find that: The defendant’s conduct was dishonest by the standards of ordinary, reasonable people; and. The defendant appreciated that what he or she did was dishonest by the standards of those ordinary, reasonable people.

Federal Rule of Evidence 609(a) provides that a witness’ character for truthfulness may be attacked by evidence of a criminal conviction if (1) the crime (in the convicting jurisdiction) was punishable by death or by imprisonment for more than one year, or (2) the crime required proof of a dishonest act or false …

Fraud is defined as a criminal deception committed by a person who acts in a false and deceitful way. There are a string of offences under a variety of legislation and essentially the suspect will demonstrate some form of dishonesty and/or deception. The Fraud Act 2006 became law in January 2007.

Lying is a form of deception, but not all forms of deception are lies. Lying is giving some information while believing it to be untrue, intending to deceive by doing so. The liar intends to deceive or mislead.

It applies to the following offences: Making gain or causing loss by deception, contrary to section 6 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. Obtaining services by deception, contrary to section 7 of the Criminal Justice (Theft and Fraud Offences) Act, 2001.

The penalty for a first-time conviction for larceny by false pretenses as a felony, can be much harsher: it includes a term of imprisonment of one to 20 years and/or a maximum fine of $2,500. A good lawyer can often get your charge reduced from a felony to a misdemeanor, thus minimizing the penalties you will face.

Tax evasion: A maximum fine of $100,000 to any individual, and $500,000 if the defendant is a corporation, and/or up to five years in federal prison. Bank fraud: A fine of up to $1,000,000 and/or a prison sentence of up to 30 years. Mail and wire fraud: Both carry a maximum prison sentence of up to 20 years.

Deceptive Acts or Practices 8 Clear and Conspicuous Disclosures When evaluating the three-part test for deception, the four “Ps” should be considered: prominence, presentation, placement, and proximity.

A meta-analysis of deceit detection training studies with young adults showed that training participants to identify verbal cues to deception was the most effective method of training (Hauch, Sporer, Michael, & Meissner, 2014).

One deceptive element commonly cited as potentially harmful is false feedback ostensibly derived from an evaluative task or test. Thus, some researchers argue that deception contains elements that have potentially negative effects on a participant’s emotional state and self-esteem.

Avoid deception in negotiation with sincerity and by building trust with your negotiating counterpart

1. That Wasn’t Unethical!
2. Battling the Forces Behind Deception in Negotiation.
3. Set a Personal Standard.
4. Question Your Perceptions.
5. Enhance Your Power.
6. Personalize Your Opponent.

Subject deception is typically used to promote scientific validity, with subjects provided with false or incomplete information about the research in order to obtain unbiased data with respect to the subjects’ attitudes and behavior when complete or truthful disclosure is expected to produce biased results.

The use of deceptive methods must be justified by the study’s significant prospective scientific, educational, or applied value.

(a) Psychologists do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study’s significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible.

Deception research is an ethical dilemma in itself. Deception in research entails that participants are not fully informed of the purpose of the study. Valuable insight can also be obtained in this way into factors which would never be discovered if all factors and aspects were obvious to the study participants.

Debriefing is the counterpart to the informed consent stage that occurs when participants are recruited for research, including communication research, and it is a central consent component of study designs involving the deception of human participants.

The Debriefing Form should include the following:

• Study title.
• Researcher’s name and contact information, if applicable, for follow-up questions.
• Thank participants for taking the time to participate in the study.
• Explain what was being studied (i.e., purpose, hypothesis, aim).
• Explain how participants were deceived.