If hired by the prosecution, the expert must disclose all notes taken on the case, lab reports, results, and chain of custody documentation to the defense. The expert hired by the defense isn’t required to disclose any information about the case and it is up to the defense if they want to allow the prosecution any information. The expert there is to give testimony in order to, basically, sway the jury one way or another. Though there may be differences among the various sides an expert can be hired as, the goal in the end is same: for the facts to be accurate and presented in a professional manner.
According to Rothberg they investigate white collar crimes such as business fraud, incorrect financial reporting, and illegal investment schemes. Established core competency frameworks that a forensic accountant must demonstrate include1] strategic crit... ... middle of paper ... ...alculate the values and provide evidence of the hidden assets. This findings of their analytical report and evidence presented were accepted by the judge and saved time fordecision-making. Conclusions This research has helped me gain a clearer understanding of the most important five (5) skills that a forensic accountant needs to possess and evaluate the need for each skill for the varied investigative matters for which they are retained. This together with the case study has presented the importance of forensic accountants in present day business world.
There was also the judge’s tipstaff whose work was to announce that the court was in session as well as swear in witnesses. However, the most important duty of the tipstaff is to take care of the jury and escort them ou... ... middle of paper ... ... up with a verdict for the accused person (Lamb, 2013). This is because the jury is filled with laymen who do not have any understanding of the law, and if they are allowed to deliberate on the evidence produced in court, then they may be misguided and may at many times find the accused person innocent while in the real sense they were guilty. In conclusion, the courtroom is a very good place to learn and understand the practical side of the law than the theoretical part. This is because a person gets first hand information, and the counsels and the crown prosecutor brings out various facts that are supported by statutes and precedents.
Morris argued that no such interrogation should take place within this zone. It has also been shown that most false confessions are given when the interrogator beginning questions in the decision zone. Because we know this information the criminal justice system should take it and fix this problem. Getting a confession out of a suspect may be there top priority as previously stated, but the confession should be given without any threats and without coercion.
After the arrest or citation comes the prosecution and pretrial. The prosecutor considers the evidence by the police and makes a decision whether or not to file charges against the accused. If charges are filed, the first court appearance is held. The accused will then appear in court and be informed of their charges and rights. The judge will then decide whether there is enough evidence to hold or release the accused.
CHAPTER - 3 NEED OF THE STUDY Insurance Industry is one of the flourishing Industries, who deals with uncertainty and provide protection to the subject matter insured. With the rapid growth in the industry, there has been an augmented incidence of frauds in the country. The industry has witnessed a rise in the number of fraud cases during the last one year. Therefore, the need of my study is to know that what kind of Frauds happen in the Industry, who is responsible for these frauds and how we can prevent ourselves from indulging in these Frauds. Also to suggest measures through which new laws could be made to remove these kinds of crime from the industries.
Some of those frauds include Enron, WorldCom, Cendant, Adelphia, Parmalat, Royal Ahold, Vivendi, and SK Global. In most cases, the auditors were alleged to be the cause since it’s their responsibility to detect the fraud. Thus they were sued by stockholders for performing negligent audits. With the persisting issue of fraud in the discipline of accounting, a solution must be established. The government has stepped in and put in place regulations and laws that are meant to eliminate accounting fraud.
Judges, prosecutors, defense council and juries are the focal point of a trial. The following will show each of their roles in the courtroom and the importance of these roles and how they are perceived by the media compared to my own view. Judges preside over criminal and non-criminal proceeding as an impartial party to the evidence and arguments presented by the defense and prosecuting attorneys. His or her role as a judge in a jury trial is to act as a mediator between the defense and prosecution ensuring proper court room procedures are being followed to guarantee that a fair trial is administered. Judges are charged with hearing testimony, arguments and viewing evidence determining what is strong enough to support proof beyond reasonable doubt and passes judgment of guilt or innocents based on facts presented (Judges Role in Court, n.d.).
For example, the certifications required to become one, the history of forensic accounting and many different types of crimes that forensic accounts handle. Forensic accounting is an investigative style of accounting used to verify whether a single or company has occupied with any illegal financial movement (Forensic Accounting Online, 2013). It is used to detect fraudulent activity such as false insurance claims, embezzlement, bribery, tax evasion, etc. Since forensic accounting has grown many companies now have departments specifically for forensic accounts to work. Forensic accounting consists of two areas, litigation and investigation.
This tends to happen when an individual feels they are being watched, investigated, or sometimes they have already been arrested. There are many different reasons that an individual would hire a criminal defense lawyer. One of the many reasons is so that the criminal defense lawyer can help with counsel and represent the client when dealing with investigators, or the police. Another common reason for hiring a criminal defense lawyer is so that the lawyer can conduct an investigation of their own, and therefore have the ability to present substantial evidence that refutes the potential charges being pressed by the prosecutor. These are only some of the reasons a criminal defense lawyer is needed.