Legal Method Essay Example | Topics and Well Written Essays - 2500 words

Legal Method - Essay Example Under Section 5(1) of the RTA 1988 it would be an offence to drive a motor vehicle on a road after consuming alcohol and producing a breathe test containing 35 mcg of alcohol and above. Under Section 5(1), the Secretary of State has permitted the Lion Intoximeter 3000 to be used as evidence against driving under the influence of alcohol. Under Section 69 of the Police and Criminal Evidence Act 1984, any evidence that is provided by the Computer would not be accepted as evidence unless there is no reasonable ground that the statement was inaccurate due to improper use or functioning, and that the computer was operated properly. Ms. Tick was driving erratically on 21 May 1993 and was taken to the Sun Hill Police Station and provided a breathe test using the Lion device. The time the test was done was about 00:13 am but was given as 11:00 pm on the computer printout. Both the samples given by Ms. Tick exceeded 78 mcg of alcohol, above the permitted limit of 35 mcg, and Ms. Tick was char ged under Section 5(1). The inaccuracy in time was noted and Srgt Cryer was called to testify in court. It was found that the reading or functioning of the Intoximeter was not affected by the functioning of the clock and both were independent. Dr. ... After taking into consideration by Dr. Know and Srgt Cryer, there was nothing that could displace the printout evidence. Since the clock and the breathe analysis mechanisms lay in the same box, it could be said that since there was an error with the time, there could be an error with alcohol analysis, and this was even the intention of the legislation. However, the evidences that were available against Ms. Tick were admissible to convict her. 2. Explain, in your own words, the legal issue(s) in the case. Here the legal question being asked was whether the evidence presented by the Lion Intoximeter breathe analysis was permissible under section 69(1) of the Police and Criminal Evidence Act 1984. It is important to take into consideration the other evidences that were available including that of Srgt Cryer, the constable and Dr Know regarding Ms. Tick use of alcohol above the permissible limit whilst driving and also the error committed by the machine. Here the question was being asked regarding the admissibility and validity of a computer statement as evidence. Under section 69 a computer device must be functioning properly and if there is any evidence that the device was not functioning properly, it cannot be taken as evidence in criminal cases. If a computer is malfunctioning, the same should not be relevant and should not affect the generation of the evidence. From evidences presented, it was clearly shown that the functioning of the clock was independent of the results of the breathe analysis obtained. However, since the clock and the alcohol analysis components were in the same box, there were some doubts. However, Judge Hoffmann took into consideration that the information of time supplied by the clock had not effect on the generation and processing of the

Role of Managers Assignment Example | Topics and Well Written Essays - 750 words

Role of Managers - Assignment Example In this organization, the planning role of managers involves the logical reasoning, through setting of targets and the relevant procedures to be followed to achieve these goals. Through this process, the managers plan into the unpredictable future, by foreseeing possible problems and giving distinctive blueprints on the actions necessary to avoid catastrophic events. At Wells Fargo, the management uses planning to counter the industry competition. It is critical to have an organized unit in order to fulfill the plans of the organization. The Wells Fargo management is tasked with aligning all the company’s resources to the major corporate strategy of the company. In many organizations, the corporate strategy fails to align with the organizational strategy, hence causing a myriad of problems due to misplaced priorities (Canals, 2011). However, the Wells Fargo management uses the organizational function to establish and maintain the relationships between the executive board and the human resource at the company. Through this duty, the managers are able to assign the technological and human resources to suit the corporate benchmarks of the company. In addition to organizing, the managers of Wells Fargo Company perform the staffing function as well. The human resource managers within the company play a critical role in the recruitment, selection, training, and development of talents within the organization. In the radical world of globalization, many companies struggle with retaining experienced employees within the company. Through establishing a reliable system to oversee the staffing process, the company accomplishes its plans in line with the available human resources. Given the competition levels that companies face in the business environment, it is important to give a clear insight on the direction that an organization must follow amidst the challenges it encounters (Mertzanis, 2013). Therefore, the directive role