ARTICLES

4/2/2015· Police Practices & Procedures

Due Diligence and Eyewitness Identification

By: Roger Chappell

I have read a number of books, studies, and court cases in my career to support the fact that eyewitness identification, by itself, is never sufficient enough to send a person to prison. This is not news. Over the past 20 years, more and more people are being exonerated for violent crimes due to DNA . This article is not to rehash old arguments. Instead, it is more of a reminder to investigators everywhere to not finalize a case, charge a person, and send them to prison based solely on an eyewitness' identification.

3/26/2015· Life Expectancy - Life Care Planning

Life-Care Planners Can Offer Attorneys Unique Expertise

By: Ronald T. Smolarski

How funds are handled after the settlement of a case reflects the competency and knowledge of attorneys and recognizes their outstanding legal skills. This article focuses on the management of settlement proceeds and the maintenance aspect of the care of a client with a disability when that client's financial health is turned over to a trust attorney, relationship manager, financial planner, trust officer or estate planner.

3/26/2015· Law Enforcement

Law Enforcement: Responding to People in Mental Health Crisis

By: Roger Chappell

During my 22-year law enforcement career, I became involved in countless situations in which I personally dealt with people in mental health crisis. My first incident involved a Hispanic male armed with a pistol. I learned a significant amount from that single incident: so much, in fact, that I made the decision to join the Houston Police Department's Hostage Negotiation Team. The techniques I have learned over the years can be applicable to almost anyone, at any time, in just about any situation. In the following paragraphs, I will recount a few incidents in which I was involved and discuss the techniques used to end each the situation safely. Understand that this is not a specific "how-to guide" that may be applied to every situation. Instead, the use of these techniques will simply allow a person that becomes aware of a certain situation - to be able to attempt to stabilize the incident prior to first responders' arrival.

3/25/2015· Medical Malpractice

How Can Causation Be Established in a Labor and Delivery Malpractice Action?

By: Dr. James Wheeler

A malpractice action requires the plaintiff to prove: (1) the defendant caregiver owed a duty of care to the plaintiff-patient, (2) the caregiver departed from that standard of care, and (3) that departure from the standard of care actually caused the injury claimed by the plaintiff. "Causation" 11; often the critical component in a malpractice action because the presence of a duty is often obvious, except perhaps in "Good Samaritan" cases, but the statutorily-required expert witnesses will argue about whether the caregiver departed from some standard of care. Because defining "causation" is difficult, there are interesting distinctions in legal versus medical, sociological, or philosophical concepts of cause-and-effect. Applying this difficult concept of "causation" to the very complex world of labor and delivery (L&D) does indeed beg the question, just how can causation be established?

3/19/2015· Construction

Contractor Fraud : Don't Become a Victim Home Renovation Projects - CONTRACTOR FRAUD SERIES (Part 1)

By: Michael Panish

As a Construction Expert Witness, I have been involved in numerous homeowner vs. contractor lawsuits that turned out to be directly created by contractor fraud. In this article, I have combined a few different actual cases, highlighting the various tactics used by dishonest contractors to bait and then hook the homeowner. In all of these cases, the homeowner prevailed.

3/12/2015· Insurance

Claims Made Insurance : A Review of The Modern Form

By: Frederick Fisher, JD, CCP

Rarely are clients immediately aware of the wrongful or erroneous actions of the "professional" they trusted to perform specific duties or services; mainly because "professional" acts or errors do not or only seldom cause immediate injury. A "professional's" wrongful acts or errors may not manifest in client injury until long after the act is perpetrated or the error is committed.

3/11/2015· Psychology

Benefits of Forensic Psychological Evaluations

By: Dr. Ray Kim

Forensic psychological evaluations have become a valuable resource for the criminal justice system by addressing important forensic questions. For instance, assessing risk for violence can help courts make appropriate decisions on issues such as sentencing, granting privileges, and community reintegration. If an individual is assessed to be a high risk for future violence, a judge has grounds to order a more restrictive setting compared to someone who is a lower risk for recidivism. By tailoring court decisions based on accurate psychological evaluations, the community is safer while the defendant's rights are also protected.

3/10/2015· Education & Schools

Urban School Myth Busted by Micro-Experiment: Do Teens Really Hate Healthy Foods?

By: Dr. Virginia Rhodes

OK, I did learn enough in 35 years of high school teaching, administration, and marriage to know one thing: The way to anyone's heart is through their stomach! Feed them, and they will come.

3/6/2015· Transportation

Stop Positioning and Crossing Orientation

By: Ned Einstein

Except in rural areas with vast distances between intersections, a bus stop can reasonably be placed in one of three positions:

3/5/2015· Alternative Dispute Resolution (ADR)

The Pros and Cons of Arbitration

By: Darryl Horowitt

Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.