LLB Law Of Evidence coursework Essay Example | Topics and Well Written Essays - 1500 words

LLB Law Of Evidence coursework - Essay Example On the other hand, the defendant can easily claim that they did not have knowledge of what was inside the package, but that the package contained other things, something hard for the prosecutor to rebut. The aim of this paper is to advise Jim who is appealing against his conviction for supply heroin based on evidential issues arising from the judge’s summing up. Discussion Ever since the effecting of Human Rights Act 1998, criminal evidence has become the most significant development due to various disputes under Article 6 which entails the right to a just trial against the application of a legal weight on the defendant to establish one or more particulars in the issue2. The fact that Jim is seeking a declaration that section 28(3) (b) (i) to be declared contrary to Human Rights Act 1998 as it infringes on his right to a just trial under Article 6 of European Convention on Human Rights 1950, he is placing the court with a question on whether it has the jurisdiction to consider appeal and, if it did, whether section 28(3) (b) (i) the Act was unsuited with his right to a just trial3. ... Therefore, in order to establish the defence under section 28(3) of the Act, Jim has to prove on the equilibrium of probabilities that he did not know that the box contained heroin4. The real apprehension is not if the defendant should disprove evidence but that the defendant may be convicted though a reasonable doubt subsists. In particular, the Misuse of Drugs Act 1971 does not have a clear characterization of possession, and in section 37(3) it elaborates that an item which an individual has in his or her possession to include anything subject to his or her control, and which is in the guardianship of another person. Therefore, unless the item is in that individual control though still under care of another person, it cannot be categorized to be in the accused in this case Jim possession5. This then leads to what the directions the jury was given by the trial judge, and it is evident that though it was essential for the prosecution to establish that Jim knew that the box was in hi s control, it was not essential for the prosecution to establish that Jim knew that the item inside the box was a controlled drug. For this reason, then there would be the likelihood of an infringement in terms of presumption of innocence. This became evident in R v Edwards,6 whereby the defence was identified to have so closely associated with the mens rea principle and moral guilt that it derogated from presupposition to reassignment of legal burden to the defendant. Although subsections (2) with (3) of Misuse of Drugs Act 1971 define specifically of the defendant proving something, then this does not necessarily mean that in order to ascertain a defence then the defendant must essentially offer evidence. Thus, the essential evidence might arise such as from any varied

Operations Management Assignment Example | Topics and Well Written Essays - 2000 words - 1

Operations Management - Assignment Example On the other hand, experimenting with the real world has not only proven to be expensive but is also dangerous and in most cases impossible. The Dry cleaning case study highlights one of the current issues and challenges affecting operations management in most industries. In the case study, the dry cleaner processes two pieces of suites by allowing suites to arrive with exponential time between the arrival times having a mean of G minutes and are at first served by server 1. After the completion of service at server 1, the jacket (one piece of the suite) is expected to go server 2 while the other parts (pants) goes to server 3. However, during the service at sever 2; the probability of the jacket being damaged is 0.05 while at the same time the probability of the pant being damaged at server 3 is 0.10. From server 2, the jackets enter into a queue for server 4 where suit parts are matched and reassembled. Management of waiting lines is a common challenge in operations management. As evidenced in the above case study, service systems normally face a number of problems such long queues of waiting lines due to the complexity and high levels of heterogeneity in the operations management processes (Barnes, 2008). ... rena Modeling in Service Systems Spreadsheet and Arena modeling programs are some of the simulation tools and techniques that are commonly being used to help solve the queuing problems in the contemporary services systems. In operations management, queue systems are not usually possible to analyze using mathematical or analytical formulas. Consequently simulation is currently one of the widely used means of analysis by most operation managers. With regard to the queue problem highlighted in the case study, both the two software tools can effectively be used as viable alternative techniques to experiment and find solutions to the issues affecting the service systems through abstraction. Generally, spreadsheet is currently one of the most accessible modeling tools that can be used for a wide range of applications and problem solutions in operations management. For example, the simulation modeling using spreadsheet can help explore the problems of long waiting lines and queues associate d with the dynamic service systems. In spreadsheet based simulation modeling, the technology used simply involves entering the model inputs into cells and viewing the output in other cells (Winston and Albright, 2007, p.124). In this regard, the input values are linked to the output values through chains of formulas and even scripts. Compared to Arena modeling, both some of the potential advantages of spreadsheet modeling include the fact that it is virtually available on any office computer and is normally very easy to use. Additionally, spreadsheet simulation modeling is relatively extensible particularly when using spreadsheet simulation modeling to solve the queue problem in service systems such as the one highlighted in the above dry cleaning case study. For example, one can easily add