V. LEGISLATION (UN, EU, National)

  1. How many Schedules are constituted in your jurisdiction?
  2. What is the basis for drug classification into schedules?
  3. What does the term forensic refer to?
  4. What or whom is the trier of fact?
  5. What is the INCB and what is its role in controlling drugs of abuse?
  6. What is the 1971 Convention on Psychotropic Substances?
  7. What is the 1988 UN convention against illicit traffic of narcotic drugs and psychotropic substances?
  8. What is the difference between direct and circumstantial evidence?
  9. What does a break in the chain of custody cause?
  10. Define the following terms and phrases: sustained, overruled, chain of custody, exhibit, expert witness, forensic, exculpatory.
  11. In the United States, what is the difference between a Schedule I and a Schedule II substance?
  12. In the United States, what role do judges now fill as a result of the Daubert decision?

US LEGAL CONCEPTS SOME OF WHICH MAY BE ADAPTED TO INTERNATIONAL INTERPRETATION

  1. Place the following events in chronological order, as pertaining to the progression of a case through the federal judicial system: appeal to the United States Court of Appeals, trial in the District Court, arrest and/or search warrant, pre-trial motions, appearance before a United States Magistrate, preliminary hearing.
  2. Place the following basic trial procedure events in chronological order: Presentation of the government’s case, presentation of defense evidence, closing arguments by attorneys for both sides, opening statement of the prosecuting attorney, cross-examination of prosecution witnesses by the defense counsel, direct examination of the prosecution’s witnesses.
  3. Why the US system of justice is considered “adversarial?”
  4. How is the US justice system compared to that of Great Britain?
  5. What is the Fifth Amendment to the US Constitution?
  6. What three rules govern the prosecution of a crime and protect the rights of citizens?
  7. What are three ways that criminal action may begin?
  8. Explain the difference between criminal law and civil law.
  9. After a complaint is filed, what steps follow?
  10. What is a preliminary hearing?
  11. What does a Grand Jury do and how does it differ from a preliminary hearing?
  12. What is an indictment?
  13. What is a plea bargain? Give an example of the result of a plea bargain.
  14. What is the government’s burden?
  15. What is the accused burden?
  16. What is an affirmative defense?
  17. Why are trial witnesses not allowed in the courtroom?
  18. How is jury selection made?
  19. What occurs at the opening of a trial?
  20. What is a Forensic Scientist?
  21. What is an expert?
  22. What does it mean to be “qualified” as an expert?
  23. What is “voir dire”?
  24. Can the jury ignore the testimony of an expert?
  25. What is the job of a forensic scientist when testifying on the stand?
  26. How can a FS successfully convey themselves to a jury?
  27. What is demeanor? How can a FS display proper demeanor?
  28. Why is it important to: be calm, avoid technical language, know the rules of evidence, prepare for cross and direct examination, defend qualifications, be aware of opposing attorney’s methods, provide succinct responses, prepare for the hypothetical, have reports ready?
  29. What is direct examination? What is cross examination?
  30. What four areas does expert testimony depend on?
  31. What Federal Ruling states "only by the application of proven methods performed in a proper manner can results be upheld”.
  32. What is meant by proper application? In the course of analysis how do we insure that proper application is performed?
  33. What is meant by discovery?
  34. What is Federal Rule 16 (D)?
  35. What is the Jencks Act?
  36. What is known as the “Brady” Rule?
  37. What impact does the decision of US v. Giglio have concerning a forensic scientist?
  38. What impact does the decision of US v. Henthorne have concerning a forensic scientist?
  39. What is the fourth amendment?
  40. What is a subpoena?
  41. What is a subpoena “duces tecum”?
  42. What is meant by the legal definition of contempt?
  43. What are possible consequences of being found “ in contempt?”
  44. What is a deposition?
  45. What is real(tangible) evidence?
  46. What is testimonial evidence?
  47. What is fungible/non-fungible as it pertains to evidence?
  48. What does the term “chain of custody” mean with respect to evidence? Are there exceptions?
  49. What effect does the decision in US v Frye have concerning testimony? Why?
  50. What are the Federal Rules of Evidence?(1975) as they apply to relevancy vs. reliability ?
  51. What impact did the decision in Merrell Dow v. Daubert have on forensic science?
  52. How did the decision in Kuhmo v. Carmichael expand the Daubert decision?

Last Update June 2018

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