Types of Demonstrative Evidence

Types of Demonstrative Evidence Demonstrative evidence illustrates the witnesss testimony. Illustrations include: maps, diagrams of the initial crime scene, charts and/or graphs the injuries to the plaintiff. Injuries could be defined as physical or financial. These are used at trial by both the plaintiff and the opposing council. (Real and Demonstrative Evidence) There are different types of evidence and in this writing I will discuss eight specific types of demonstrative evidence. Photos are considered to be demonstrative evidence that is shown during trial. I know you might have heard the saying A Picture is Worth a Thousand Words, well that is fairly true. Photos can prove that a person was at the scene of the crime, and it could also show the offender acting out the crime they are being charged for. In todays society everyone has their phone at the ready; just waiting for something to happen. This goes into my next demonstrative evidence; video. (Leesfield Scolaro, P.A.) I did mention everyone having their smart phone ready, well majority of the time people starting recording incidents either when the confrontation begins or when physical harm to another person has begun. In my own opinion sometimes video footage just isnt enough to bring charges against a person. Ive seen several police officers that have gotten away with their behavior towards persons in a community. They may have gotten a written remark in their records or even administrative paid leave, but some have not been brought on guilty charges. Sound recordings are another example of demonstrative evidence, and Ive seen this being used a lot in the earlier days. What I have seen is that a lot of undercover personnel use hidden wires to get the other person to admit to a crime that was committed. This can be used as evidence to get someone put into prison. Drawings are another form of demonstrative evidence. I would prefer to use sketches as way to describe the kind of drawing being used. A lot of victims are able to describe the offender to law enforcement to get a visual on the person that committed the crime against them. Usually they can use the sketch with the facial recognition software and try to get a match in their facial database. Diagrams or maps are known as demonstrative evidence. These are used in some cases to show the jury or witnesses to simply the explanation of where scene of the crime happened. Maps should be clear and focused to ensure that the information you are trying to display to the targeted audience is understandable. (Publishing, 2014.) Simulations as demonstrative evidence can be known to not be as clear compared to an actual witnesss testimony. Along with the other demonstrative evidence, it is hard to replicate what actually happened in that moment. We have come a long way with technology and we have a lot of experts that are able to replicate some of the things so that when it is presented to the court as a visual, then the court can get an understanding of what happened. My eight demonstrative evidence would be that the jury is presented with forensic animation. Which is an audio-visual reconstruction of the incident that is being brought to trial. This form of evidence is being used more often in our courtrooms because it provides detailed information for the court so they can get a very clear understanding on what happened. Authentication of evidence is done before evidence is admitted to the court. It means that the party that wants to present the evidence during trial must state what the document is what it claims to be. This does not mean that the document will be sufficient enough to prove the offender being innocent or guilty. Authentication will also prevent the party from fraudulently creating the document. Authentication of the evidence and the relevance of the evidence are related because once the authentication of the document is complete and it is admitted to the court, then the opposing party needs to see that what is in the authenticated evidence is either true or false. Is this proof relevant to the case or not? (2012) There are several steps to authenticate evidence. Decide, When, Mark, Show, Identify, Introduce and Argue. The party needs to decide if the document they want to admit as evidence is what they say it is. You need to mark the document stating what it is; i.e., Exhibit A is the orange shirt the offender was wearing. You need to show the evidence to the parties staying that this will be the evidence being presented to the court. Introduce the evidence to the jury and of course the opposing party will try and argue that the evidence being presented is not accurate. Certain items like pictures, computer printouts and maps can be authenticated. For computer printouts can have a lot of information; this can come from their personal computer or other electronic devices like the persons cell phone. The person who found the digital information will have to testify during trial. Stating what was found and to state what was showing is what the evidence claims to be. With photographic evidence, before it is admitted as evidence it needs to show the actual scene of the incident. Meaning that it must be relevant, clear and not distorted. Evidence being admitted that is of a map or diagram; the attorney needs to be very clear when presenting it to the jury. If they have the witness point to the map or diagram and they have to state the jury what they are pointing at, and then of course you would need to show the jury so they can get a better understanding. (Larocca, 1975) Chain of custody if very important when handing evidence. It is a written record of all of the individuals who have maintained unbroken control of the items that are considered evidence for the case. It shows that if it remains unbroken, that the evidence taken from the crime scene, will be the same evidence presented to the court. It is very important because this can ensure that the prosecutor put away the correct suspect that committed the crime. If the chain of custody was broken, the evidence will be dismissed from the court and that can also get the case dismissed. References Real and Demonstrative Evidence. (n.d.). Retrieved March 01, 2017, from http://criminal.findlaw.com/criminal-procedure/real-and-demonstrative-evidence.html Leesfield, I. (n.d.). Leesfield Scolaro, P.A. Retrieved March 01, 2017, from https://www.leesfield.com/effective-use-of-demonstrative-evidence.html Publishing, J. (2014, November 07). Using Charts, Diagrams, Graphs, and Maps in the Courtroom. Retrieved March 01, 2017, from http://jamespublishing.com/2014/using-charts-diagrams-graphs-maps-courtroom/ (2012, November 7). Retrieved March 01, 2017, from http://federalevidence.com/blog/2012/july/foundation-admitting-documents-authentication-and-relevance Larocca, N., Jr. (1975). Authentication, Identification, and the Best Evidence Rule,36(1), 1-30. Retrieved from http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=4140context=lalrev

Pepsi Case Study Essay

Strategic issue Maintain competitive focus, while splitting PepsiCo and creating governance for the new Pepsi Bottling Group. Internal Analysis Pepsi was invented in 1893, establishing a franchise bottling system of 270 bottlers by 1910. Pepsi struggled in its early years declaring bankruptcy twice. The 1970’s and early 80’s, Pepsi surpassed Coke for the first time. Bottling was a capital-intensive business and involved highly specialized production lines. Bottling and canning could cost between $4 million to $10 million each with a minimal investment cost for a small bottling facility of $25 million to $35 million. It was estimated that 80 to 85 plants were required for full U.S.-distribution, with the cost of a fully efficient large plant with a capacity of 40 million cases to be $75 million in 1998. Among top bottlers in 1998, packaging accounted for 50 per cent of costs of goods sold, concentrate 33 per cent, sweeteners 10 per cent, and labor most of the remaining variable costs. While bottlers’ gross profits often exceeded 40 per cent, operating margins were very thin. Given the intense service prov ided by the bottlers, the relationship between the bottlers and end retailers was critical to success and sales. Pepsi structured its contracts with bottlers so that bottlers were required to purchase concentrate from Pepsi at prices set by Pepsi, giving them much greater flexibility. In the mid 80’s, Pepsi began acquiring many of its independent bottlers and by the mid 1990’s, Pepsi owned half of these outright and had equity positions in many others. Pepsi focused heavily on diversification within the beverage industry as well as beyond that in first into snack foods, with the merger forming PepsiCo and again with Frito-lay, purchased fast-food chains and casual-dining restaurants. Some of these endeavors went well such as the snack foods while restaurant expansion was failing. Analysts became concerned that Pepsi was over extending itself and was in doomed if they continued down the same path. Pepsi made the right choice exiting the casual dining market, with a slimmed down more focused future they could now focus on new profitable ventures. Pepsi’s biggest challenge now was to â€Å"reinvent itself and become a more formidable competitor.† A looming opportunity for Pepsi to be a more effective competitor would be if they were to mimic Coca-Cola’s CCE, which would raise billions of dollars. The result would make Pepsi more competitive and responsive to their  customers by allowing them to separate and focus on different functional areas of the company. The newly created Pepsi Bottling Group (PBG) would be the world’s largest manufacturer, seller and distributor of carbonated and non-carbonated beverages, which will provide PBG billion in cash when it goes public. The biggest challenge however was not the IPO, but rather creating a system of corporate governance to see PBG into the future. Craig Weatherup, current president of PepsiCo, CEO of worldwide beverages is faced with splitting PepsiCo’s worldwide bottling company from its concentrate business and the public offering of the PGB , which he would become CEO, and establishes their governance. External Analysis Business began in the Great Depression when it started competing with Coke offering twice the volume for the same price. The cola wars officially began in the 1950’s and continued throughout the century. Intense advertising battles, new packaging, new product introductions, international expansion and price wars erupted between the two companies. Pepsi captured Soviet markets and scored other international successes while Coke international success was dwindling due to poor relations with bottling partners. Pepsi profited from another of Coke’s mistakes, when Coke launched â€Å"New Coke†. However, Pepsi’s luck was short lived when Coke reinstated its old recipe. Originally Coca-Cola agreed to fix price contracts to allow for some adjustment with bottlers. In the 1980’s coke announced a refranchising plan that would eliminate weak bottlers, and expand large bottlers outside of their geographic territories. Additionally coke started to buy all of its bottlers, and created Coca-Cola Enterprises (CCE), and independent bottling subsidiary, selling 51% of its shares. By 1998, CCE accounted for more than 60 per cent of Coke North America’s volume and had worldwide sales of approximately $15 billion. The environment of PBG’s IPO was not ideal despite its anticipation by the market as everyone and everything was focused on the dot-com world. Identification and Evaluation of courses of action In order to stay competitive with Coca-Cola, PBG must happen in order to bring in cash flows for future investments. The most difficult task will be to assemble the new board for Pepsi Bottling Group and meeting deadlines by  which the CEO of Pepsi must have a board of directors in place. Corporate governance is the set of rules affecting the way Processes, customs, policies, laws, and institutions a corporation is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. The most likely form of governance for Weatherup to take would be the market-based, most common in the U.S. because of its correlation with the stock market and prices. Since the markets are the primary source of capital, investors are given the most power in determining corporate policies. Therefore, the system relies on the capital markets to exert control over the corporation’s manag ement. Weatherup knew that changes of this magnitude could cause widespread confusion, so one way he could quickly assemble a board and governance would be to fall back on old colleagues and executives of PepsiCo and model PBG with similar persons and mechanisms. An option would be to try to imitate Coca-Cola’s board, and obtain members from their board. Mimicking successful past behaviors of Coca-Cola has boasted well for PepsiCo in the past, so it is likely that new governance similar to theirs would work too. In the past, it has shown that when Pepsi deviates from what Coke is doing it often results in negative outcomes for Pepsi. Having a similar board of directors could keep Pepsi in more of a Coke frame of mind and combine the best from both worlds. A negative drawback to this option would be that it would be very possible for future conflicts of interest and corruption with such close ties. Another option could be, for all of the responsibilities Weatherup is facing he could simply appoint someone else whom he sees fit, from the new board, to serve as CEO in the near future, and have them work closely with Weatherup as he establishes systems, and policies making sure everything stays in line with the original focus. That way you would have his knowledge, skills, and expertise to establish the governance and complete all of the executive duties, but his predecessor would be there watching to see how it was all created and will soon run, it would be similar to an apprenticeship. A positive outcome is that everything would occur on time by the preferred persons. A negative is that people may have doubts in the new CEO’s ability to run the company without the presence of Weatherup, and such uncertainty, could cause for stock prices to fall. Another option could be for Weatherup to ask for an  extension for when PBG goes public. He is said to be â€Å"wearing many hats, stretched too thin, etc.† Extra time would prevent Weatherup from having to rush through policy establishing processes, and could give him the option of picking the very best board of directors available rather just the first people available. Another pro to this option is that it is mentioned that the dot-com. stocks are what is making all the money, so waiting to sell the IPO’s could turn out to be more profitable in the long run.

Barton Case Study Essay

After analyzing the case, the theories and concepts that relate are: 1. 1 Evidence-Based Management (EBM) theory uses the best available evidence for making managerial decisions. The basic problem that Karen Barton faces with Dave Palmer is that he focused only on the reports that contained mostly qualitative benefits from the programs and did not contain much quantitative benefits and accordingly made his decision of cutting the budget. Whereas Organizational Behavior (OB) states that a manager should use all the three approaches of intuition, faddism and systematic study together. It states the use of evidence to inform the intuition and experience. 1. 2 Dave palmer also faces Overconfidence and Availability Bias, as he believed too much in his ability to make good decision when it was outside of his own expertise. As he was convinced after the telephonic conversation with Barton that there was nothing more left to discuss even though the last-and the-only executive education program he attended was ages ago in 1980. He even emphasized on information that was most readily at hand and ignored the fact that in-house program if introduced, could reinforce Stockton’s three-pronged agenda and it would smoothen the integration process. 1. 3 Equity theory explains that employees indulge into comparisons of the ratios of their own outcomes and efforts with those of others to check whether they are treated more or less favorably. Similarly in the case Karen compared her executive education budget cut by more than 75% to training for lower-level employees by only 10% which made her feel under-compensated and less favorable and secondly when Freita pointed out that he had to demonstrate the bottom line impact for every budget cycle Karen pointed out that If he could spend money on equipment maintenance, modification and improvement, Why couldn’t she do the same for people. This inequity motivated her to attain her goal. 1. 4 â€Å"Adjustment function† of attitudes enables a person to bend according to a new situation and to conclude how to act in future so as to attain benefits from such situations in future. In the case we see Karen was disappointed, judgmental and aggressive initially but later on her attitude changed towards the situation and she started to be more practical and relaxed in her approach, as it was critical for her to get the best out of the case that she would put forward in front of Palmer. 1. 5 Attribution Theory in social perception is when we see others behavior we want to understand why people behave the way they do. Karen similarly wanted to understand how Palmer’s mind worked and so she scanned through Palmer’s bio to decide on how she should make her case to get him on her side so that he approves it. 2. HOW SHOULD BARTON MAKE HER CASE FOR EXECUTIVE EDUCATION? From Barton’s chat with Freitas and Palmer we can infer that palmer is a clear-headed person who believes in performance and evidence. We also get an idea from her conversation with Freitas that her ambitious budget may create an interdepartmental rivalry within the firm. Keeping all these points in mind Barton requires a presentation that demonstrates both the qualitative as well as quantitative advantages of the executive education program and answers why does Zendal need these programs the most when the firm is dealing with recession and a merger. Firstly she will have to convince Palmer that the executive education programs have come a long way since 1980’s and that the executive education programs are not the same that they used to be when he attended them. She may cite the example of Dreyer’s Grand Ice cream firm. This will obviously not convince her boss, but will help her in getting the needed attention and seriousness from Dave Palmer’s part. She should start her case by showing Palmer the studies that clearly demonstrate a link between executive education, performance in management and shareholders value. She must tie up executive education programs with the business drivers of the firm and explain how the programs will help the firm in achieving them fast. Then she should talk to Palmer about the kind of leaders he wants in his organization. ‘Are the leaders of Zendal better than its competitors? What is unique about Zendal’s leaders? The aim of this would be to try to make Palmer realize how an in house executive education program will help Zendal in creating leaders that are different and better than its competitors. Also, the managers of the firm need to formulate fresh strategies to deal with recession and since a new firm has been acquired, the new executives should be made familiar with the existing culture of Zendal as they may find it hard to adjust according to their culture, which would ultimately lead to an inefficient performance from their part. Both these problems can be solved with a single stroke of an in-house executive education program. She must also state in her meeting that the employees who would attend these programs will be closely monitored and it will be made sure that they use the acquired knowledge. For the quantitative part she may follow the following framework to calculate ROI, on which Dave Palmer has been insisting upon. Investment * Tuition * Salary * Cost of not being able to be not be on the job Add all these up and we will get total cost (per participant) Return * NPV of improved capability in 2 years * NPV of improved team skill in 2 years * NPV of improved ability to make judgment in 2 years. Add all these up and we will get total financial results of the project But to employ this type of framework, the project must be first approved. For the time being she can show him all the satisfaction reports that she has been getting filled from employees who attend a program and explain how she is careful about the company’s funds and discourages employees from attending programs that have been rated â€Å"poor† or â€Å"Below average† three times in a row. Lastly to get her funds approved she needs to assure Palmer that there will be no inter departmental rivalry within the organization due to release of huge funds from the upper management. For that, her HR unit must go and talk to each of the departmental heads and understand their problems and design the education program according to their needs. This will help in two ways, firstly this approach will not generalize the program and serve the firm better by being precise and secondly the conversation with departmental heads will make the heads understand that spending of this huge amount is for the good of their own departments, Thus also solving the problem of interdepartmental rivalry. 3. REFLECTION UPON OUR EXPERIENCES OF WORKING IN A GROUP: Working with this group was an enriching learning experience for all the group members. It brought some difficulty and stress, because group members had different views on the case study but with the help of discussions and mutual understanding we decided which view to go with for the report. This was also an advantage of working in a group since we got to know many diverse opinions. The group went through the various stages of formation of a group. In the ‘Form’ stage of the group, the members were Aarti Sharma, Arjun Kumar, Pallav Goel, Sakshi Dixit, Vishal Chaudhary, Vipul and Yamini Arora. During the ‘Storm’ stage, the entire process of working in our group was very systematic in order to avoid any chaos. For the commencement, Aarti called for a group meeting to discuss about the assignment and bring the group together. She invited all members by sending mails. It was then decided that each member would read the case study and analyze the problems of the case study. Sakshi gave the print outs to each group member three days before the group meeting. In the ‘Norm’ stage, the group meeting was held and each member shared their views on the case study, key points were figured out and accordingly work was divided among the members. The task of putting together the entire project was assigned to Pallav. The group then ‘performed’ their assigned duties and in the ‘adjourn’ stage, since this group was created for a one-time task, the group was then dispersed. The whole group describes: * Aarti as an enthusiastic, dedicated and encouraging group member. She was good at analyzing the problems, performed writing and made us work as a whole group together. * Arjun was serious towards the case study and gave every possible contribution to the assignment on his part. * Pallav as proficient and hardworking. He devoted all the required time for the project and helped to bring together the entire project. * Sakshi as a reliable group member who timely completed the assigned tasks and played a role in communication with various non-boarding group members. * Yamini as an active participant in the group meetings and played an important part in analyzing various OB theories and concepts. She also took part in writing the project. * Vipul as a responsible team member as in spite of being unwell, he was in contact with the group throughout and put in his share of work and participated whole heartedly. * Vishal was a part of analyzing the case. The group decided to not elect a leader but selected a coordinator in order to pass information to all group members. Each of us displayed leadership qualities in the group at various times. We influenced each other’s behavior, actions and encouraged each other to dedicate time on the assignment. . Each group member was committed to the group and made contributions according to his/her potential. All inclusive, It was a satisfying experience of working with this group because we worked as a team with planning and learnt to work without any personal prejudices. REFERENCES: * Kesner, I, Burnett, S, Morrison, M, Tichy, N, & Ownes, D 2003, ‘Leadership Development: Perk or Priority? ‘, Harvard Business Review, 81, 5, pp. 29-38, Business Source Premier, EBSCOhost, viewed 20 October 2012. * Bolt, JF 1993, ‘Ten Years of Change in Executive Education’, Training & Development, 47, 8, p. 43, Business Source Premier, EBSCOhost, viewed 20 October 2012. * Traindis, H. C. (1971),Attitudes and Attitude Change,John Wiley and Sons. * Eagly,A. ,and Chaiken,S. (1993),Psychology of Attitudes,NY,Harcourt and Brace Jovanovich.

How to Win Friends and Influence People by Dale Carnegie Free Essay Example, 1250 words

Carnegie adequately explains the principles of social interrelationships deeply to a point that captures the readers. The book is written in over thirty-six languages making it unique. Through its multi-linguistic nature, the book has captured the attention of millions of readers from different races around the globe. Information on how to make your home happy is additional information covered by this book that several other books with the same topic lack. In 1980, for instance, the book got several feedbacks from different couples, explaining how the book had improved their marriage life. Hence, it is evident that a couple would find this book very interesting and useful since the principles that Carnegie points out in his book are very vital in enhancing a better marriage life. Moreover, he highlights ways to make a happy home and to boost the love between couples. Not complaining and appreciating someone s efforts, for instance, makes a couple feel appreciated when he or she gets such treatment from his or her partner, and this leads to a healthy relationship. Carnegie had a passion in public speaking way before he even wrote this book. We will write a custom essay sample on How to Win Friends and Influence People by Dale Carnegie or any topic specifically for you Only $17.96 $11.86/page Through this, he discovered that the technique made the speakers unafraid to address the public audience. Public speaking on a wider scope motivated him to come up with his first collection of public speaking writing called public speaking and influencing men in business. Additionally, Dale wrote two other books that related to this book, namely,