1.

Why is it important to follow proper pre-trial procedures?

It is important to follow pre-trial procedures, so the courts time is not wasted. Plea Bargains and Preliminary Inquires can be used to save court time. It is important to follow the conduction of a criminal investigation right away, before any evidence is tampered with. The storage of evidence and the processing of it, will increase its credibility, and its chance of solving the case faster. These procedures are also important to ensure that the accused is not being detained or arrested unreasonably, and is not being questioned, with or without knowledge of their crime. It conducts the preparation of the trial in an orderly fashion. It allows the defence to create their argument, and the validity of the evidence to be confirmed, so doubtable evidence is not presented to the Jury, disallowing influence to their verdict. 2. Fingerprinting and DNA evidence are often treated as absolutes. What problems can exist when finding fingerprints or other physical evidence that can cast doubt on the evidence?

The problems with fingerprinting are that, some of the fingerprint can be distorted or missing, and can lead to the wrong suspects. Physical evidence is also not very trustworthy, since they can easily be placed into the crime scene. DNA can only be misleading if the procedures are not done accurately, or are done sloppy. 3. Dr. Charles Smith, a renowned pathologist, testified in numerous court cases in Ontario. Research the findings in two of the doctors cases and discuss the impact expert witness testimony can have on a trial. What happens when the expert witness is wrong? What impact does this have on the entire judicial system?

In the case of Maureen Laidley, she testified that her son jumped off the couch, slipped, and hit his head on the marble coffee table. During Smiths autopsy, he said that this was not possible, and she was sentenced, however Smiths statement was proven wrong. Another case is of Sherry Sherret, who was on trial for infanticide. Her statement was that she walked into her sons room to find him not breathing, and when she took him to the hospital, he was pronounced dead. Smith conducted an autopsy, and had stated that there were injuries of a skull fracture. Sherret was convicted. When the validity of Smiths reviews was questioned, the skull was re-examined again to find that Smith mistook the gaps between the skull plates as an injury. Expert witnesses have a large impact on the verdict of a trial. Maureen Laidley was lucky with her trial, to be proven innocent before being convicted, however Sherry Sherret was not. She spent eighteen months in jail, before being released for bail. Her other son was taken away from her, put up for adoption, and she was not allowed to contact him until he was 18. She paid a huge price, for one wrong expert testimony. When Mr. Smith made three suspicious testimonies, he was removed from performing autopsies. For this he was under investigation. After investigation, it was found that 20 of the 44 corpses that he reviewed had problems in the testimonies. For this reason he permanently lost his license. So when an expert witness is suspected of giving wrong testimonies, they are put on trial, and are stripped of their practising rights. Then when the verdict is given, they will be convicted or compensated. If they are convicted, then the cases that they helped solve, would be reviewed. 4. Do plea bargains serve the best interests of the public if criminals receive lesser sentences? Justify your answer.

Plea Bargains serve the best interests of the public. They ensure that each cases trial will be held within reasonable time, by sending fewer cases into the court. This ensures justice for the public, if there are too many cases going into court, than many cases will be dismissed due to not being held in reasonable time. This will definitely decrease the justice received. Although Criminals may receive smaller sentences, Plea Bargains benefit the society as a whole, not only the criminal.

Wikipedia, Charles Randal Smith. Wikipedia, 5 August 2013. http://en.wikipedia.org/wiki/Charles_Randal_Smith 7 August 2013.