Category: Law

Ensuring Safety and Proper Handling of Evidence in Crime Scene Investigations

Posted on | by Kelvin

 

Law enforcement officers and crime scene technicians must use caution and protect themselves at all times from contracting AIDS or hepatitis. Bodily fluids must always be treated as though they were infectious. Crime scene technicians most often use dust particle masks or N-95 masks at routine crime scenes. They are considered the most common type of respiratory protection. These masks are considered to be disposable and should be discarded ­after one use.

It is imperative that all personnel involved in entering and processing the crime scene wear personal protective equipment (PPE). This consists of items of clothing that are non-porous, such as crime scene suits, nitrile gloves (double gloving recommended), face masks, and eye protection. These items will protect the CSI from exposure to blood-borne pathogens, most chemical and drug residues, and other contaminants that are health hazards. In addition, hair nets and booties over the shoes will help avoid contamination of the crime scene.

Identify and explain 4 exceptions to the exclusionary rule established by the U.S. Supreme Court that allow for the search and/or seizure of evidence without a warrant.
Patent medicines used to be dispensed by pharmacists in powder form using a pharmacist’s or druggist’s fold. Explain this method of packaging and why it has been adopted by Crime Scene Investigators for packaging trace evidence.
How should investigators handle trace evidence that is stuck on an object found at the crime scene? Explain the exception to this procedure.
When a motor vehicle, boat, or aircraft is present, what special considerations should the Crime Scene Investigator take?

Analyzing the Ramirez Case: Tool Mark Evidence and Judicial Decisions

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After reading the information on the Ramirez case, and with the information that you have learned throughout the class, please post a synopsis of the Ramirez case. This should include all the relavent evidence some details about what happened in the crime scene and trials, and then how you feel about the courts decisions regarding the tool mark evidence. Please support your opinions, they should be based on information you have learned about the Daubert/Fry process (remember that Florida was a Fry state at the time of this case) and also on the information that you have learned about impression evidence. Feel free to research additional articles, but remember to only quote reliable sources (scientist for scientific matters, lawyers for judicial matters, etc.).

Inequality in the Canadian Justice System: A Critical Examination of Indigenous Incarceration Rates

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Explore some dimension of inequality in relation to law. You have a great deal of latitude to pursue a topic that is of interest to you. This course is also focused on meaningful change. Thus, part of your challenge will be to think about recommendations and alternatives e.g. defunding, abolition, restorative justice, or other ideas you find while researching. For those of you who are less certain about a topic, you might use the following suggestions as a guide:
• Policing (e.g., racial profiling, Sammy Yatim, G20, Dafonte Miller)
• Immigration (e.g., how have the events of September 11th shaped Canadian immigration? E.g., the Mahar Arar Case, recent changes to immigration for International students)
• Indigenous People (e.g., Missing and Murdered Indigenous Women, Idle No More, Landback, Wet’suwet’en, Helen Betty Osborne)
• Miscarriages of justice– e.g., the case of Steven Truscott
• Gender and/or sexual-based violence against women (Junior hockey scandal)
• Crimes against the Elderly – (e.g. Elizabeth Wettlaufer case)
• Homophobia, Transphobia, and hate crimes (Rainbow Railroad; Saskatchewan court case over pronouns)
• Treatment of offenders within prison (e.g., Ashley Smith Inquest)
• The challenges associated with insanity as a criminal defence (e.g., the case of Luka Magnotta)
• Cyber-bullying (e.g., Rehtaeh Parsons, Amanda Todd)
• “Occupy”(Wall Street) movement
• Environmental crimes/Green criminology (Just Stop Oil/Greta Thunberg)

You will critically investigate the effectiveness of the law in relation to your chosen topic and case study. Does the case study suggest that the law promotes justice and fairness for all? Or alternatively, does the case study provide evidence of how the law, in practice, perpetuates social inequality? Are their recommendations that evolved out of your case study? If so, evaluate them. If not, what would you recommend and why? We are in Canada, so your essay must focus on Canadian law and the Canadian justice system.

 

The Liability of James and Sandra on the Lease Contract with Peter

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James Jones and Sandra Smith have decided to open a sporting goods store as co-owners. On September 1, they met to discuss how to begin the business.
James told Sandra that a friend of his, Peter Property, had offered to lease a great store location for $1,000/month, but Peter needed an answer by the next day because he had another potential lessee. Sandra told James, “That sounds great. You go ahead and take care of it.”
Sandra then told James, “My friend Laura Lawyer, who’s an attorney, says we probably should incorporate the business.” James and Sandra immediately called Laura and Laura told them she would be happy to do the work for free. Laura said, “I’ll have the articles of incorporation to you in two days and I’ll file them as soon as you approve them. Once I do that, you’ll have a corporation.” They told her to go ahead and to call the corporation Sports, Inc.
The next day (September 2), James met Peter and signed a contract to lease the store space for $1,000/month. He signed the contract: “Sports, Inc., by James Jones.” Before signing, James told Peter the corporation was not yet formed. Peter said, “That’s O.K. Don’t worry about it.”
On September 4, James and Sandra received the articles of incorporation from Laura. They told Laura to file the articles and she did so that same day, in a state that has adopted the latest version of the Revised Model Business Corporation Act.
The articles named James and Sandra as the initial directors of the corporation. On September 5, James and Sandra held an initial directors’ meeting. They authorized the sale of stock to themselves for $5,000 each and adopted a resolution approving and accepting corporate liability on the lease contract.
Discuss whether James and/or Sandra are personally liable on the lease contract with Peter. (Do not discuss veil-piercing.)

The Value of Vermont’s Bad Samaritan Statute: An Analysis

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Consider Vermont’s Bad Samaritan Statute, originally passed in 1967:

§ 519. Emergency Medical Care

(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.

…

(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00.

Should such a statute be on the books? Is there any value to such a law given that the fines are no more than $100?

Medical Ethics and Legal Implications in the Case of David, an Elderly War Hero

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David, an 89-year-old war hero with no living relatives, drove himself at night to a local hospital when he experienced shortness of breath and a headache. When he entered the emergency room (ER) he was placed in a wheelchair and briefly seen by an ER doctor. He was told that he could not be admitted because he was a veteran and had to go to a VA hospital, which was 90 minutes away, for treatment. David was wheeled into the hallway to wait for transportation to a VA hospital. The night shift was very busy. After sitting in the hall for five hours, David complained that he needed to lie down. The ER staff, who had been trying to move him to a VA hospital with no luck, finally transferred him by ambulance to a local nursing home. David had a massive stroke shortly after being admitted to the nursing home and died six weeks later.

a) Does there appear to be negligence in this case?
b) In your opinion, who might have acted on behalf of David?
c) In your opinion, would contributory negligence be a defense if there is a malpractice lawsuit relating to David’s death?

 

Ethical Dilemmas in Medication Administration in Healthcare Settings

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Denise, an LPN, works in a nursing home on the 3:00 to 11:00 pm shift. She is instructed to prepare medications to give to her own patients as they eat their evening meal. She is also told that it is the policy of the nursing home that she will also prepare all the medications to be distributed in the morning by the LPN who will pass medications at both breakfast and lunch the next day. Denise is told that the reason for doing this is because she will have more time, as the evening shift is not as busy as the morning shift. Denise does not want to object because she really needs the job.

a) What are the potential problems with this policy?
b) What should Denise do?
c) If a patient is harmed by receiving the incorrect medicine, who would be charged with the negligence?

 

 

Patient Confidentiality and Legal Implications in Healthcare

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Jessica Mass, a phlebotomist, drew a blood sample from Glenn Ross, a 30-year-old patient of Dr. Williams, to test for AIDS. As Glenn was leaving the office, his friend Harry came in and they greeted each other. Jessica took Harry into an exam room, and in the course of making conversation, he told her that he was a good friend of Glenn’s. He asked Jessica why Glenn was seeing the doctor. Jessica responded that it was just for a test for AIDS.
When Harry arrived back home, he called Glenn and told him what the phlebotomist had said. Glenn called Dr. Williams and complained about Jessica’s action and said that he planned to sue Dr. Williams. Dr. Williams dismissed Jessica. Dr. Williams told Jessica that if Glenn did bring a lawsuit against her and she lost, then she would sue Jessica.
a) What should Jessica have done or said when Harry asked about Glenn’s reason for being in the office?
b) Did Dr. Williams have a legal right to sue Jessica if she was sued and lost?
c) What important right did Jessica violate?

 

 

Comparison of Antisocial Personality Disorder and Psychopathy: A Reflection

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In your journal, think about the diagnoses of antisocial personality disorder and psychopathy. How are they different? How are they the same? Also consider the ethnic and diversity concerns around the diagnosis or discussion of psychopathy. What are some concerns around the area of ethnicity and psychopathy? How will you apply this to your current or future practice?

 

 

Ensuring Fairness in Identification Procedures: Key Circumstances for Consideration

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In Neil v. Biggers (1972) the Court determined that identification procedures must be fair. To determine whether the procedures were fair, courts must consider all the circumstances leading to the identification. Discuss what circumstances should be considered in determining fairness. Why are these circumstances important in determining the fairness of an identification procedure?