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BU ANTH 245 - The U.S. Legal System
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ANTH 245 1st Edition Lecture 30Outline of last lecture- Recovery of Body and Associated Evidence- Surface Deposition- Buried Bodies- Characteristics of a Grave- Eyewitness Testimony- Miss identificationOutline of current lecture- System Variables- Misidentification- Sexual Assault Investigations- The Legal System in the United States - Witnesses Current lectureSystem Variables- Instructionso "Perpetrator may or may not be present"- Content of line-upso Whether perpetrator is in the line-upo Line-up filler characteristics - Structure of line-upso Relative judgements - all shown at onceo Absolute judgments - shown one at a time- Feedback to witnessImplications of Misidentification- Far-reaching and severeInvestigation focuses on wrong person- Real perpetrator is still out there- Incarceration of potentially innocento Death penaltyo Financial losso Ostracized by family, friends, and society, even when releasedo Feelings of guilt by witnessSexual Assault Investigations- Rape kit- Sexual Assault Nurse Examiner (SANE)- 4-6 hours for exam- Message to perpetrator - case will be investigated and prosecuted - Rape kit Backlogo www.endthebacklog.org- NYC - backlog of 17,000 kits in 2003o Now, backlog of 0o Results: arrests up from 40% to 70% (national average 24%)- Detroit - current backlog of 11,000o First 1600 kits tested - identified 127 serial rapists- Fort Worth, Texas - backlog of 960 in 2003o 200 Matches, 47 arrests, 36 convictionsThe Legal System in the United States- The U.S. has an adversarial legal systemo Each side presents their argumentso The judge and jury remain neutral and passive during the process- Contrasts with the inquisitorial system seen in many European countrieso The judge investigates the evidence, interviews witnesses, and renders the verdict - Pros o Each side fully presented in courto Motivation for attorneys on behalf of their client o Protects individual rightso Protects against abuse of powero Reliance on forensic evidence- Conso Truth distorted or hidden in competitive atmosphereo Unequal access to legal services o Slow processo Juries charged with evaluating scientific testimonyo Reliance on forensic evidence- Judgeso Federal judges appointed for lifeo State judges elected or appointed by governoro Alll US judges are lawyerso Roles: Preside over proceedings, maintain order Determine if the evidence to be presented by either side is admissible (gatekeeper)  Give the jury instructions (in trials with juries) Evaluate evidence and make decision (in trials without juries) Sentence the ConvictedDefendants- The person accused of a crime- Innocent until proven guilty "beyond a reasonable doubt"- Does not have to testify at trial - Right to trial by jury- Right to have a defense council -Attorneys/Lawyers- Present evidence and opinions- Defense Attorneyo Arges on behalf of defendant- Prosecuting AttorneyJuries- "The jury of Your Peers"- Anyone with a driver's license is eligible - Must reach unanimous decision - Multiple layers of jury selection; seated jury may not be of peers - May not understand scientific evidence Witnesses- Non-expert (testimonial) witnesses can testify about facts or events they directly experienced, not their opinions about them - Expert witnesses can give opinions on the meaning of facts o Must be qualified as an expert witness by the judgeo Certification of experts (written tests passed, schooling, and experience)The Scientific (Expert) Witness- Assist law enforcement, judicial processes- Intellectually challenging - Potentially lucrative - Highly sought after, especially in high profile cases Steps in a Criminal Case- A crime is committed and reported to police- Arrest of suspect- Need probable cause - Bookingo Bail- Arraignment- Preliminary hearing or grand jury proceedings- Pre-trial- Trial- Sentencing- Appeal Potential Problems with Expert Witnesses- White coat effect: blind acceptance without critical review- Using invalidated or improper forensic science- When hearing competing witnesses, jury may believe who they like better rather than who is right- Forensic science is the scientific collection and analysis of evidence to establish facts thatcan be used in a court of


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BU ANTH 245 - The U.S. Legal System

Course: Anth 245-
Type: Lecture Note
Pages: 4
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