Falsified Evidence Ideas

unduhan-20Falsification of the evidence is not something new. The world has witnessed several cases, where the so-called criminals were acquitted after years of captivity. What went wrong? Why did they have to experience the angst and agony of imprisonment? Who is to blame for their plight? What delayed their extrication? Most of the time, in such cases, justice was delayed due to falsified evidence!

What is Falsified Evidence?
Any information which is fabricated or procured by illegal means, in order to divert the course of an impending verdict, can be termed as falsified evidence. Such evidence is not only used by a criminal for his acquittal, but it is sometimes used to frame an innocent person.

Who Falsifies Evidence?
It is obvious that evidence is falsified by the criminals to avoid imprisonment, but they are not the only ones who manipulate evidences. The adversarial trial system involves 2 parties, the prosecution and the defense, either of them can falsify the evidence to gain a verdict in their favor. The influence of the police cannot be mitigated if the evidence is fudged.

Why is Evidence Falsified?
As I mentioned earlier, false evidence is used by criminals to rescue themselves from the possible imprisonment, but there are several other reasons why evidence is tampered or manufactured illegally. Few of them are discussed here:

Noble Cause Corruption
When the police believe that they have found the culprit, but they do not have enough evidence to frame him, they resort to the fabrication of evidence and justify themselves by believing that, their act is in the larger good of the society. This is termed as noble cause corruption.

Incompetence or Indifference
Sometimes, the people who are assigned to collect evidence are incompetent, they find it easier to create evidence rather than finding them. On the other hand, there may arise a situation where the police show no interest in the pursuit of the truth, they simply fabricate evidence which reconciles with their prejudice.

To Save the Innocent
There can be people who believe that the accused is not guilty. These people are driven by overwhelming emotions, and they desperately want to save the accused, so they resort to the falsification of the evidence.

When is the Evidence Falsified?
In reality, the evidence can be forged or fabricated any time (till the jury has not arrived at a verdict!). You cannot isolate a time span and say that, this is when the evidence is manipulated, but you can surely state the situations in which there is a high probability of tampering with the evidence, few such situations are listed below:

  • A delay in the arrest will give time to the accused to manipulate the evidence.
  • If the accused has his “men” outside, they will surely try to fudge the evidence.
  • If the defense believes that there is no way of saving the accused, they will resort to falsification of the evidence.

Falsifying evidence is not just restricted to law and order, there have been instances where people carrying out scientific research have falsified the evidence so that the evidence lies in accordance with their hypothesis. Whatever may be the case, the fabrication and manipulation of the evidence cannot be justified under any circumstances!

Truth can never be obscured for long, it will surely emerge from the clouds of deceit one day. Knavish men who mock the judiciary by fabricating evidences should be put behind the bars, but it is very difficult to nab them if the police favors them.

A legally abiding innocent citizen has to pay the price for such a fraud, he has to tolerate the captivity for ages with the hope that someday, the world will realize that he was not guilty, but no one can assure him, that he will have a normal life after the delayed justice. To conclude, I state a famous quote; “Justice delayed is justice denied”.

Tips to Make a Citizen’s Arrest

unduhan-22Taking the law into your own hands is a dangerous and often an extreme form of justice. If there are no rules or regulations to govern you, then you can act without thinking and allow your emotions to control you. But in times of crisis and if there are no law enforcement agents around to stop a crime in progress, what can one do? Say a lady has been mugged and the thief is getting away. Or a possible suspect of a crime is trying his/her best to flee the scene. Should you stand by quietly and allow the criminal to escape, without a word of protest? Rather than let a criminal escape freely, one can, at this point, perform a citizen’s arrest.

What is a Citizen’s Arrest?

A citizen’s arrest is a law allowing a civilian or an average citizen, with no background in law enforcement, to act as a proxy police officer and stop a criminal. This law does not make the civilian, a honoree officer but rather gives him/her the right to apprehend, stop and transport the criminal to a law enforcement agency or at least confine him/her, until the cops arrive. This form of arrest is carried out without an arrest warrant. The suspect is expected to be handed over to the formal authorities as soon as possible. The word “citizen” in the term, is used to indicate an ordinary person making the arrest, as opposed to an officer of the law but in some countries, it is also used to signify that a citizen of that particular location should make the arrest and not temporary visitors or immigrants with no citizenship.

Below are some criteria that should be fulfilled to make such an arrest:

  • An individual has the right to perform a citizen’s arrest, if a crime or felony is being performed in his/hers’ presence.
  • If a crime has not been performed in his/her presence but the arresting individual has a probable cause to believe in the guilt of an individual, he/she may perform the arrest.
  • If there is a breach of peace or disturbance in the community atmosphere, in the presence of an individual, then in order to stop it, he/she is authorized to arrest the individuals causing the disturbance.
  • A citizen’s arrest can also be viewed as an individual coming to the aid of a law enforcement officer in the time of need and making the arrest, if the officer is unable to do so at that time. For example, if a criminal is fleeing and the officer is injured and cannot apprehend him and there is no backup around.
  • Sometimes, the various acts or actions that can qualify for a person, being arrested by citizens around him are specified by law. This includes public drunkenness, public lewdness or exposure, driving drunk, looting and stealing.
  • The suspect will put up a struggle and a certain amount of reasonable and within limits force is allowed to subdue him/her. The force is expected to be able to restrain or confine the suspect. It should not be harmful by inducing wounds or life-threatening injuries. Use of weapons should be avoided.

How to Perform a Citizen’s Arrest?

The following are some steps to performing such an arrest:

  • Understand what is the crime being followed and who exactly is the perpetrator.
  • Unless you have conclusive proof and other witnesses to the crime around you, do not perform any arrest.
  • Notify the authorities for their aid, prior to stopping the criminal. Before you make any arrests, call your local police force and state the crime and location clearly for them.
  • Be realistic, you are not a police officer. The criminal will not recognize any authoritative steps from you and you could get seriously injured.
  • Try to enlist another witnesses’ aid in catching the criminal.
  • If the criminal is armed, do not perform a citizen’s arrest. Do not try to stop the criminal with firearms of your own, this will turn into a shoot-out.
  • There may be innocent people and civilians around you. Think of them before going on the offensive with a criminal, you may end up endangering other lives.
  • Say “Stop” or “Hold” in a commanding tone of voice, to stop the criminal.
  • Inform them in brief of their crime and state that they cannot leave until the police arrive.
  • You have no right to conduct a search or question the criminal in any way.
  • The criminal may try to resist. You can use some force to restrain him/her but remember you could get seriously hurt.
  • Do not render the suspect unconscious. The more violent you are with the suspect, the more you render yourself open to criminal prosecution for unlawful force.
  • Do not try to impersonate the police by flashing false IDs or in any other manner.
  • When the police arrive, immediately identify yourself and state what was the crime and hand over the suspect to the authorities. State clearly what you saw, who you are and what exactly the suspect was doing.

A citizen’s arrest is a good practice to follow in times of crisis. But be within your limits and do not assume you are a super-hero, capable of handling a criminal, especially more than one. That being said, vigilante justice is always frightening in terms of going overboard with violence, either for the criminal or the person performing the arrest. Different states of America have different laws when it comes to performing a citizen’s arrest, please make sure you are in accordance with the said state’s law prior to performing any such acts of justice.

Tips to Becoming an Expert Witness

An expert witness is a person who has extraordinary and specialized knowledge of his concerned subject as compared to the intellect of an average person. The testimony of this expert is highly valued in the court of law. The duty of an expert witness comes with great responsibility as his/her opinions play a decisive role in deciding the outcome of the case. For this, he/she needs to be unbiased in his/her research and opinions. He can testify either for the prosecution or for the defense parties. In many cases, both the parties use the services of an expert witness making the case complicated and sometimes also controversial. Do you want to become one? Read through the FAQs given below for a detailed information.

Where is an Expert Witness Required?
An expert witness is required to confirm the authenticity of an opinion or event, concerning law. This can be confirming severity of the injury of victim, cause of accident, and many other events. The expert has to carry out a thorough research for finding the truth and then he/she documents and presents the facts before the jury. His/her opinions and findings play a decisive role in judging the outcome of the case.

Who Can Become an Expert Witness?
Expert witnesses are generally experts in their field of work and many of them possess higher qualifications like a PhD degree. Though a doctorate is not a mandatory qualification required, experience and sound knowledge of their concerned field are factors that are important. The more education a person has, the more he/she will be trusted by the court. The qualifications of the person are generally verified by the concerned court authorities and so you should neatly document and present your skills. Many experts, to popularize and advertise their services, use websites through which they can also convey their availability to be a witness. There are schools that provide training to the potential candidates and help them obtain the important experience of the work. The work generally involves producing and preparing documents after studying the evidence cases.

What are the Required Skills?
Becoming an expert witness is quite a challenging task. Apart from holding the right qualification, he should also possess many other skills, some of them being communication and writing skills. He should have writing skills because it is his work to document all the evidence for the scrutiny of the court authorities. He also has to take care that the written format is well documented and easy to understand for the people involved.

How Much Can he Expect to be Paid?
Considering the challenge and responsibility involved with the job, expert witnesses are quite substantially paid. There are as such no perfect salary figures and the pay varies from one case to another. An expert who has experience of giving testimony to the court would demand a higher amount and would be well paid than the experts who have no court experience. The pay is quite similar to that of lawyers. In special cases, they can cut down on their fees, like in cases where the people involved with the case cannot pay the required fees. This entirely depends on the experts and the lawyers involved with the case.

To avoid controversy, an expert witness should be impartial and not let pressure affect them to modify the truth and authenticity of their opinion. This is because their findings have a very high say on deciding the fate of the case and deciding the judgment. If you are interested in becoming one, you should have a sound background knowledge of your area of work and the ability to justify your points.

Ways to File a Formal Complaint Against a Business

Before you register a complaint against a company, which you think has scammed you and sold you some bogus purchase, talk to the business authorities and request for the refund of the item that you purchased. Also, tell them that, you will pass on your experience (good or bad), to the concerned authorities. If the business group doesn’t comply with your request for a refund, then go the organization, recommended by the Federal Trade Commission (FTC).

Requirements Before Lodging a Complaint

  • Conversational records
  • Receipt of the product you purchased
  • Copy of the letter that you sent to the firm that scammed you
  • Complete information about the business

Filing a Complaint

Federal Trade Commission is United States government agency, which promotes consumer protection by taking measures against fraud and deception. established in 1914 by the Federal Trade Commission Act. Jon Leibowitz is the current chairman of the FTC agency. FTC keeps track on the scams and scammers, with the help of the following authorities. It also warns the public about the latest scams. Federal Trade Commission recommends the following organizations to file your complaint.

Attorney General’s Office
Depending on the state you belong to, you need to contact the Attorney General’s office through telephone or email. The complaint form will be available in the official site of the Attorney General’s office, and there you fill all the required details about yourself, company and a message explaining the fraud committed by the company against you. The Attorney General office will require the copy of the complaint letter that you have sent to firm or a person you are complaining about.

  • Name of the product purchased or repaired
  • Serial and model number of the product
  • Details of the transaction
  • State of problem
  • Requirement of a specific action

Enclose the copies of the pay receipts, guarantees and warranties, etc., in your letter to the business authorities for their reference. DO NOT sent the original documents even if asked for.

Local Better Business Bureaus
Better Business Bureau program is a good avenue to register the complaint. BBBOnline and Better Business Bureau system have made the process of complaint registration easy and fast. Though BBB system has limited power, but it registers the complaint, and maintain a listings of companies that cheat consumers. It gathers information from the consumers who complain about the service and get the consumer feedback. There are various categories in which the complaint can be filed. You can make your complaints about,

  • General company complaints
  • New cars
  • Non-profit or charitable organizations
  • Identity theft
  • Advertising (websites too) directed at children
  • misuse of personal information BBBonline authorities themselves.

Local Consumer Protection Office
Go to the consumer protection office website to register your complaint. They also alert the people about such fraudulent business firms and keep a track on the latest scams. To know your respective consumer protection office of your state, you can visit federal consumer action website, from where you can get the details of your local consumer protection office. On the federal consumer action website, you just need to click on Where to File a Complaint and State Offices and get the details.

Local Postmaster
The U.S. Postal service, is a government agency which will investigate the fraudulent mails sent by the scammer, in correspondence with your complaint. The offender will be prosecuted, if any such fraudulent mail practices are found.

Internet Crime Complaint Center (IC3)
If the scam was committed via Internet, you need report it to the federal government agency, IC3. It can be filed in the IC3 website, by providing the additional data required by them. If the scam is found to be significant, the perpetrator will be prosecuted in the federal court.

Advertising Managers
In case you want to lodge a complaint against any advertisement, then you can directly contact the advertising manager of the company that ran the advertisement. The advertising manager, may find out the problems you’ve had with the advertisement and he may cancel the future publications from the particular offender’s company.

Depending on the intensity of the issue and strong authenticated evidences, you need to deal with the issue. If you feel that the scam is highly offensive, then you can file a police complaint against the business and also notify the local media. By filing the right complaint, it would also help others, as they would not get deceived by the firm in the future.