September 23, 2015

Education

Technology has linked its way into just about every facet of human lifestyles. For your edification, this continuing discussion, as well as an addition to previous study formats. In offering this informational passage, the legal system is just one more profession that has been conquered by technology.

We are aware of the court stenographers and PC’s that record and track our legal system, but what about the C.G.A. System? The Computer Generated Animation Presentation can be admitted into our American Court System. Admissible Evidence in criminal trial(s) has been recorded as a precedent case ruled on by the Supreme Court. As reported by Asher Hawkins, of the Legal Intelligencer, differing arguments by six Pennsylvania Supreme Court Justices concluded that a Lackawana Common Pleas Judge properly admitted the use of CGA during a first-degree murder case in 2002. CGA has been portrayed on various television shows such as CSI Investigation(s) and Crime 360.

Justice Sandra Schultz Newman wrote, “Society has become increasingly dependent upon computers in business and our personal lives…” She went on the say, “With each technological advancement, the practice of law becomes more sophisticated and commensurate with the need to shed any techno phobia and become more willing to embrace the advances that have the ability to enhance the efficiency of the legal system.”

Prosecutorial teams, including Forensic Pathologists and Crime Scene Reconstructionists presented a murder case to the jury; the prosecutor’s version…the defendant did not possess and/or have access to this tool. One argument against this procedure in court is of a defendant, a poor person, is able to commission an equivalent production. In other words, would the defense be able to match the expenses associated with the prosecutions presentation to the court? Another justice suggested it would be wiser to exclude CGA evidence if an indigent or poor defendant could not afford the costs of “equivalent production.” The basic cost could be upwards of $20,000.00. Another legal professional commented on whether the cost(s) of CGA was worth the expenditure. The justices also took note on the fact that CGA’s are becoming increasingly less expensive to produce and could be a vital tool in the rapid expedition of court cases. In any case, pre-trial motions that include CGA evidence should be treated with respect. Jury instructions and indigent (lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished, destitute) defendants are needed with the court’s permission for the presenting of such evidence.

The judges position was to make certain that Computer Generated Animation was fair and accurate while permitting defendants an opportunity to challenge its foundation. It has also been noted by the justices, to make clear to the jury that it was not meant as a re-enactment or simulation, but merely an expression of opinions formulated by expert witnesses. Another justice stated his position…”I think it’s a valuable tool, but a tool that needs to be used sparingly. I don’t think it’s necessary in every case.” Newman also wrote, “The difference is one of mode, the law does not, and should not; prohibit proficient professional employment of new technology in the court-room. This is, after all, the 21st century.”

 

Each state has its own court system. There’s also a system of federal courts. Decisions made during adjudication by federal administration agencies may be appealed to a federal court. Similarly, decisions made by state administrative agencies may be appealed to a state court. The definition for adjudication (adjudicate) is to render a judicial decision. In the administrative process, the proceeding in which and administrative law judge hears and decides on issues that arise when an administrative agency charges a person or a firm with violating the law or regulations enforced by the agency. An administrative agency is a state or federal government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts.

Typically, a state court system will include several levels, or tiers, of courts – (a) trial courts of limited jurisdiction, (b) trail courts of general jurisdiction, (c) appellate courts, and (d) the states highest court (often referred to as the State Supreme Court). Anyone who is party to a lawsuit has the opportunity, and/or right, to plead his/her case before a trial court and then if he/she loses, before at least one level of appellate court. Furthermore, if a federal statute of federal constitutional issue is involved in the decision of the State Supreme Court, that decision may be further appealed to the United States Supreme Court.

 

Education500

Have you ever wondered, with all the juris prudence (the science or philosophy of law, a body or system of laws, a department of law, Civil Law. decisions of courts, esp. of reviewing tribunals) activities flooding the land, how could the legal system function without technology?

Monica Bay, of Law Technology News, reported of lawyers at small firms, especially solo practitioners, have resisted adopting practice/case management (CMS) software – even though there’s no doubt that it can help firms deliver faster, better, and cheaper services to their clients. Several observers suggest that the initial threshold of setting up a management system intimidates firms. A software consultant, Tom O’Connor said, “Everybody loves technology but hates installing it.”

Project Management has not been a topic stressed in many schools, according to an independent IT consultant from Minneapolis. A successful project management is dependent upon a large network of personnel. An effective Electronic Data Discovery (EDD) Project Network includes: clients, partners, legal IT staff, associates, paralegals, inside counsel, service providers, and technical experts. Without a doubt, the use of (PM) Project Management to mitigateGregory V Boulware risk while delivering consistent, quality results that represents significant benchmark(s) in the maturing process of the EDD environment.

Used in many corporations to increase productivity, quality control programs such as Sigma Six, have been generating interest. Understanding why and where problems occur has a great impact on the decrease in mistakes. The application of these principles and practices on Electronic Data Discovery processes improve a lawyer(s) result(s) with increased quality and decreased costs. Reasons for rising interest in Project Management are recognition in the success depends on effective management.

Mitigating risk and lowering cost by applying “Electronic Discovery Techniques” offered a myriad of considerations, for example, matching time tables, securing outside IT experts, propose and follow “E-Discovery” protocol, engagement of a special master to monitor compliance and resolvement of disputes, use of checklist(s) containing critical steps and reminders for every step in and of a project, working service providers, working with attorneys to find answers to the right questions, as managing vendors require special attention to service level agreements (SLA’a).

Meanwhile, discover these definitions/terms of legal jargon that may help you in your administration, business, everyday life, and tech studies:

Subrogation – any right a creditor has against a debtor now becomes the right of surety. Inclusive are creditor rights in bankruptcy, rights to collateral possession by the creditor, and rights to judgments secured by the creditor – the surety now stands in the shoes of the creditor against the debtor.

Indemnification – The right to pursue guaranteed reimbursement/payment to a director for legal costs, fees, and/or judgments involved in defending corporations – (clients) related law suits. Simply put the right to compensation for services as directors (representatives/attorneys).

Habeas Corpus – held against your will – against your constitutional right(s), a writ requiring a person to be brought before a judge or court, esp. for investigation of a restraint of the person’s liberty, used as a protection against illegal imprisonment, one of a variety of writs that may be issued to bring a party before a court or judge, having as its function the release of the party from unlawful restraint.

Writ – a legal order, a document of the court.

Tort – personal injury, a civil wrong not arising from a breach of contract…a breach of a legal duty that proximately causes harm or injury to another.

Posterity – the offspring of one progenitor to the furthest generation; descendants; all future generations; succeeding or future generations collectively; Judgment of this age must be left to posterity; all descendants of one person.

HIPPA – The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to ensure that personal information stored, accessed or processed adheres to a set of guidelines or “security rules.” These rules outline security measures that should be implemented to adequately secure all electronic protected health information (EPHI). LogRhythm directly meets some HIPAA requirements, reduces the cost of complying with others, and it features out-of-the box HIPAA reporting packages.

SOX – require public companies to create, monitor, and manage controls over many aspects of their financial reporting. Some companies have found that such transparency doesn’t come easily. The rules require not only new processes, but also fresh tools that can determine whether systems and reporting standards are up to snuff. In general, SOX applications can be classified into three main market segments, according to Forrester Research. Those in the enterprise-application space include Oracle and SAP; IBM and Stellent fall under the enterprise-content management (ECM) heading; and OpenPages and Paisley Consulting are considered specialists, competing with Certus, HandySoft, and other pure-play vendors.

Where is it that technology hasn’t reached? Are the courtrooms truly behind in technology? Are they out of the loop as are many “non-techie” or poor people are? The “Great Technical Divide”…go figure!

After all, this is the 21st century.¬† Til next time…

by Gregory V. Boulware  Р3.16.10

Boulware Enterprises is the main contact and family attribute(s) web site. We have posted links that entertain, inform, educate, service, and introduce people and business. Our site offers an insight to the background, accomplishments, abilities, and aspirations of Mr. Gregory V. Boulware.
http://www.BoulwareEnterprises.com

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The BLACK Man in the WHITE House: Racism Is Alive and Well in America

The Civil Rights Act of 1964 ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin. While this law was created to protect voter's rights and eliminate segregation in schools, restaurants and workplaces, the reality is that 50 years later Americans are still battling with these issues.

While many say racism is over and point to the fact that America has its first black president, Barack Obama's election actually ignited racial tension in the country, rather than ending it. As a result white supremacists, hate crimes and internet sites like Stormfront have grown exponentially.

These extremist organizations are fueled by an increased fear of nonwhites' power in government and the rising number of immigrants that are taking over "their" America. Racists choose to disregard the laws of this country in favor of their own warped ideology.

In the last couple of weeks, Cliven Bundy, Donald Sterling and Paul Ryan made racial comments that went viral, and dominated numerous hours of media coverage. Many Republicans stood up for Bundy prior to his racial comments, even though he was convicted of owing the federal government $1 million and refused to pay it. The NBA took unprecedented action against Sterling. And Paul Ryan defended his statements by saying, "I'm not a racist. I was inarticulate."

Sport franchises, corporation executives and politicians are riddled with racists of varying degrees. Most just have the common sense to avoid public pronouncements of their views, but that doesn't mean racism doesn't exist.

Playing into the racial frenzy that is sweeping our country are Republican governors like Scott Walker, Rick Perry and Rick Scott. All are hoping to suppress minorities' voting rights in their states in order to pass legislation that most Americans, especially minorities, don't support. After all, if only whites could vote, things would be very different.

With this mindset, many Republican Congressional representatives want to roll back the clock to the good ol' days of the fifties and sixties. The Supreme Court is aiding in this mounting discrimination with their recent decision to gut portions of the Voting Rights Act of 1965. This action to quash the Act, which was passed in response to Jim Crow laws is offensive to anyone's sense of fairness and justice for all.

Like the poll taxes and literacy tests of a bygone era, state issued IDs and voter-roll purges, coupled with reduced voting hours are all intended to keep minorities from exercising their constitutional right to vote.

In addition to voting rights, our courts and penal system discriminate against minorities. Young African American men are arrested four times as often as white men for carrying the same amount of marijuana, which is still illegal in most states. These arrests for minor crimes lead many black teenagers to follow unlawful pursuits rather than paths they may have taken without the scar of the arrest on their record. Also in question is the fairness of our judicial process. Two recent judgments handed down by predominantly white juries emphasize this unfairness.

These Florida verdicts vindicated white men who killed African American teenagers. George Zimmerman's "not guilty" verdict for the murder of Trayvon Martin was considered by many to have a racially influenced outcome. In another case that had racial overtones, a jury was deadlocked on whether Michael Dunn, a white man, was guilty of murder for shooting to death a black teenager over loud music. I wonder if the races of the victim and accused had been switched, if the judgments would have been different. Actually, I really don't wonder; unfortunately I know the answer.

Education is seen as one way to lower the number of incarcerated black men and help minorities become productive, tax-paying members of society. Yet, the Supreme Court stepped in and put up a road block making it harder to accomplish this goal.

In an April 2014 decision, the Supreme Court upheld a Michigan constitutional amendment that bans affirmative action as part of the admission process in the state's public universities. Seven other states currently have the same sanctions. States that forbid affirmative action in higher education, like Florida and California, have seen a significant drop in the enrollment of black and Hispanic students in many of their top colleges and universities.

Americans need to take notice of what is happening and not support the rebels that include many Republican elected officials. The diversity, which made our country great, needs to be seen in the leadership of America, as well as its average citizen. Racism is a communal problem and needs everyone working together to make life better, not for just a few, but for all.

The question of how to achieve less racism and more acceptances is complex and has no clear black and white answer.

gerry@advisorylink-dfw.com; http://www.advisorylink-dfw.com

By Gerry Myers

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