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Showing posts from July, 2026
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 MANAGEMENT OF JUSTICE: PART 3 Credibility and reliability of evidence The witness may give evidence to protect the defence or incriminate him. Further he may be mistaken due to circumstances which hinder accurate observation. The object of cross examination is to dispute evidence whenever there is a suspicion of it’s genuineness  In destructive cross examination credibility and lying can be exposed. There are three categories of lying. The first involves affirmative lying where the witness steadfastly adhere to his version of facts due to high motivation. Here lying can be exposed by self contradictory statements or statements given by similar defence/ prosecution witness about same event.Next is the reluctant witness who is afraid to reveal the truth and is evasive. Such witnesses can be examined in detail about an event and gets caught if details are attempted to be hidden. The third types are those who are afraid to commit perjury and omit details or twist the facts to col...
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 MANAGEMENT OF JUSTICE PART2 Crimes and evidence Major sexual crime is a rape  and here material evidence is collected from the victims person ,clothes in the form of semen  ,for which DNA test is done,as well as scratches and nail deposits.In cases of rape evidence of use of force and lack of consent should be present.Use of force can be deduced from personal injury as well as broken furniture. Lack of consent may be difficult to prove in cases where a person known to the woman as in date rape or marriage rape cases. Proving fear or fraud use is equivalent to a lack of consent in rape cases.In marriage rape cases evidence of separation or injury marks will support rape.  Solicitation of assistance for homicide is also a major crime. Here if a weapon or money is given to perform the crime the evidence is more convincing.Conspiracy to commit an unlwfull act differs from solicitation in that a number of persons are involved in planning homicide or robbery. Witness acco...
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The code of Hammurabi  MANAGEMENT OF JUSTICE: PART 1 Evolution of judicial system In the framework of society the long term and cyclical injustices are rarely amenable to immediate amelioration. Unless social forces accumulate there is no expectation of a permanent change. Thus it is futile to hope for a democratic system in long period of time preceding the Industrial Revolution in Europe. The Industrial Revolution diminished the comparative importance of landed property,led to creation of multiple organizations with power independ of the state and created the& middle class. This led to overthrow of authoritarian rule .      However everyday crimes have been amenable to control from the inception of society.Humans cooperate to build social organizations and homicide and theft directly affects this cooperation.Actually human brain development and imagination of alternative scenarios directly allow this type of cooperative behaviour to punish the transgressors. ...
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 ORGANIZATION: THE FRAMEWORK OF SOCIETY Crime and framework of society   Human organizations arose from primate societies dominated by an aggressive alpha male. The development of prefrontal cortex and thinking and language profoundly changed this society. Humans understood that they could cooperate to prevent a dominant male and create a more equitable order. This helping attitude and readiness to cooperate is unique to humans and absent in all animals. Animals do  help their genetic kin automatically as it increases the spread of like genes in the population.However it is the cooperation between unrelated individuals which is unique in humans. Due to a high development of episodic memory humans can recognise those who have reciprocated a benefit given to them earlier. This is extremely important as an organization of individuals can function only if it is based on trust.Again any market economy based on long term exchange can function only if there is trust between them...