You Can Use Your Browser to Run Evidence Marshaling Stacks

You can now use your web browser (except Internet Explorer) to run the complete and fully-functional version of the evidence marshaling software MarshalPlan 3.1. To run MarshalPlan click on

this link..

But keep the following four important things in mind:

1. Do NOT use Internet Explorer, at least for the time being.

2. You will have to accept a plug-in.

3. If you click on a button and nothing happens, shrink your browser or look under your browser window; you should then see the stack that you have called up by clicking a button (a link) in the stack (file) that you see in your browser.

4. To return to the stack (file) "Network Manager," go back to your browser's window (the one that opened when you first clicked on this link).

If you do not wish to use a browser to run MarshalPlan, you still have the option of downloading MarshalPlan. To do so, go here and follow the instructions.

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As always, please keep in mind that MarshalPlan is not a prototype of a real-world real-time operating system. In its present configuration, it is more akin to a tinker-toy, suitable for use mainly in the classroom.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

News Flash: MarshalPlan 3.1: Now There Is a Stack for Rules of Evidence

I have created a new stack for MarshalPlan. So I will endow my collection of evidence marshaling stacks with a new number: 3.1.

The new stack is Evidence Rules.

I have also done some tinkering with the Investigation and Proof Time Line Stack. This stack is now divided into two sections: (a) Investigation Time Line and (b) Trial Time Line. Furthermore, the time line cards now have links to legal rules and principles of evidence.

Since I am an Evidence person, this gives me a feeling of closure, catharsis, or, more simply put, achievement and satisfaction. [But much work lies ahead of me, alas.])

The stacks (files) found below are the evidence marshaling stacks that now exist in MarshalPlan -- and each one of these stacks (or files) is the equivalent of a method of marshaling, or organizing, evidence. You can run those stacks with Revolution Player. (To download a non-Windows-operating-system player, go here.)

I suggest you download all of the stacks found below before you run them with the Revolution Player -- because then the stacks will link to each other and you can then see MarshalPlan 3.1 in its full glory.

After you download all of the stacks and open Revolution Player, I strongly suggest you start by running the stack Network Manager; this stack gives you a map of all of the other stacks.

Network Manager

As I noted above, I suggest you begin by using Revolution Player to run this stack.

Analysts (Users)
Legal Actors
Event Actors
Witnesses
Directory of (All) Persons
Case Theory
Evidence of Material Facts
Evidence for and against Material Facts
Legal Argument
Substantive Legal Rules
Rules of Evidence
Legal Source Material
Loose Thoughts
Possibilities
Elimination of Possibilities
Questions & Issues
Raw Evidence
Records
Actor Scenario
Case Scenario
Tangible ("Real") Evidence
Actor Time Line
Case Time Line
Time Line for Tangible Evidence
Witness Time Line
Narrative, Story-Telling, and Rhetoric
Investigation and Proof Time Line
Witness Credibility

Witness Credibility Attribute: Ability to Communicate
Witness Credibility Attribute: Veracity
Witness Credibility Attribute: Personal Knowledge
Witness Credibility Attribute: Memory
Witness Credibility Attribute: Objectivity
Witness Credibility Attribute: Sensory Capacity (Quality of Sense Organs)

Probative Value (a/k/a "Argument from Evidence to Factual Hypothesis," or "Factual Inference" proper)

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N.B. As always, please keep in mind that MarshalPlan is not a prototype of a real-world real-time operating system. In its present configuration, it is more akin to a tinker-toy, suitable for use mainly in the classroom.

&&& &&& The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Planning for Trial Planning

The following, diagram or something like it should become the basis for the development of one part of the proof time line stack in MarshalPlan:

The rules of evidence could be linked to the questions and answers in the above chart (which might be put on cards in the proof time line stack of MarshalPlan. (But before that is done, I also need to develop a separate stack for rules of evidence. This should not be hard to do: I can use part of the legal rules stack as a template.)

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

On the Waterfront, Charitable Deeds May Be Their Own Reward

Minutes of Jersey City Redevelopment Agency, July 15, 2008:

Upon questioning by the Chairman regarding their involvement in City charities, Ms. Chesler indicated that K. Hovnanian has always been a partner in helping the City’s charitable organizations, however, they do not boast about it indicating that PAL and Hudson Cradle are just two of those institutions.

K. Hovnanian is a real estate developer. Hovnanian is apparently involved in projects that need the approval of the Jersey City Redevelopment Agency.

James K. Morley is one of the commissioners of the Jersey City Redevelopment Agency.

James K. Morley is the chairman of the board of trustees of The Jerramiah T. Healy Charitable Foundation for A Better Jersey City. See here.

James K. Morely is also the chairman of Jersey City Redevlopment Authority. See this.

Morley is therefore apparently the person who asked the question at the top.

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It is gratifying to see how public-spirited Jersey City officials are and to see the lengths to which they go (even on the record) to make sure that real estate developers in Jersey City are also public-spirited.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

On the Waterfront: A Golf Course and Local Charities

Patrick Villanova, "PGA elite coming to Jersey City golf course," Jersey Journal (July 21, 2009):

"It has meaning because the golfers are going to be competing for (the FedEx Cup)," said Jersey City Mayor Jerramiah T. Healy, who was in attendance at a press conference at Liberty National yesterday. "The greatest golfers on Earth are coming to what I consider to be the greatest golfing venue on Earth, which is this golf course."

[snip, snip]

Like the course it will be played on, the event itself is unique, for its strong connection with charities in the area. As a part of the PGA Tour's "Tickets Fore Charity," the American Red Cross of Northern New Jersey is selling tickets to The Barclays, for which it will receive 75 percent of the proceeds from those sales.

"Hundreds of charities will be touched by this event and we're very very proud of that," said Pillsbury. "Over a million dollars will be left in this community to local charities." "It certainly has great rewards for our city. Not only the economic impact with the hotel, the restaurants, small businesses, but millions of dollars will be left behind for Jersey City's churches, charitable institutions and public service non-profits," Healy said. "We're looking forward with tremendous hope and optimism to Aug. 25 through 30."

Byline: "Dan Fireman/For The Paul & Phyllis Fireman Charitable Foundation"; Title of Article: "Jersey City organizations honored by The Paul & Phyllis Fireman Charitable Foundation," Star-Ledger (Nov. 12, 2008):

An event this week at Liberty National Golf Club in Jersey City with Mayor Jerramiah T. Healy celebrated The Paul & Phyllis Fireman Charitable Foundation's announcement of $500,000 in grants to support local not-for-profit organizations.

[snip, snip]

"Our Foundation's core values support helping people help themselves and the grants are just one way we give back to a community that has welcomed us and the development of Liberty National," said Paul Fireman. "I am very pleased to be providing these outstanding organizations with financial means to help them improve the quality of life of Jersey City's residents."

The organizations and programs receiving support are:

[snip, snip]

-- Jerramiah T. Healy Charitable Foundation - An independent, non-profit organization committed to providing aid and assistance for the betterment of Jersey City families, individuals, or organizations of limited financial means.

The Paul and Phyllis Fireman Charitable Foundation is based in Boston and owned and operated by the family. The foundation was created by former Reebok International CEO and co-founder of Liberty National in Jersey City, Paul Fireman, and his wife Phyllis.

Michaelangelo Conte, "Exclusive Jersey City golf club gives big to local Hudson County groups," Jersey Journal (Nov. 12, 2008):

Membership at Jersey City's exclusive Liberty National Golf Club is said to be sky high, but so is the half a million dollars the club's owners doled out to worthwhile Hudson County organizations today.

"In many ways we feel as much part of this community as our home community in Massachusetts and as a result of that, we are setting a standard," said Dan Fireman, whose parents established the Paul & Phyllis Fireman Charitable Foundation.

[snip, snip]

Jersey City Mayor Jerramiah T. Healy also attended yesterday's event and his foundation, the Jerramiah T. Healy Charitable Foundation, walked away with grants of $25,000 to $100,000.

"We have a lot of opportunity here, a lot of talent, but we need a lot of help to make sure that talent is nurtured and moves forward," Healy said.

The $129 million golf club opened in 2006 and its members include former New York City mayor and presidential candidate Rudolph Giuliani, as well as New England Patriots owner Robert Kraft.

Hoboken's Applied Development is also building 1,000 residential units as part of the development.

Ken Thorbourne, Journal Staff Writer, "Healy sets up foundation to help needy," Jersey City List (Nov. 2, 2006):

He's mayor of Jersey City, but believes government has its limitations. He also believes charity begins at home.

With these principles in mind, Jersey City Mayor Jerramiah Healy has launched "The Jerramiah T. Healy Charitable Foundation for a Better Jersey City," a tax-exempt non-profit, whose mission is to help needy individuals and causes within the city limits.

Incorporated over a year ago, the foundation received its official tax-exempt status in September. Its biggest fund-raiser to date took place Monday: a golf tournament at the posh Liberty National Golf Course organized by Paul and Dan Fireman, the golf club owners, and Connell Foley, the go-to law firm for developers in Jersey City.

The admission price for single golfers was $2,000 per person, and foursomes could play for $7,500, according to the organizers.

"It's simply to help people in need and causes in need inside Jersey City," Healy said last week of the nonprofit. "There are also a bunch of donors out there who would like to contribute to help good causes in the city. It has nothing to do with any political purposes." The concept isn't new to Jersey City mayors. Bret Schundler established one, as did the late Glenn D. Cunningham.

According to documents provided by James Carroll, a Jersey City police sergeant who doubles as the Healy foundation's attorney, the charity collected $31,080 and doled out $8,398.21. This year, the nonprofit took in $200,000, gave out $127,500, and spent $65,000 on fundraising expenses, and $7,500 on professional fees - leaving $22,682 cash on hand, according to the documents. A list of donors and recipients wasn't provided.

The tax-exempt benefit of donating to Healy's nonprofit is retroactive to July 2005, when it was incorporated, an IRS spokesman said. The foundation's board has 13 members, including Maureen Healy, Healy's wife; Maria Pignataro, the mayor's press secretary; and Joseph Kealy, the attorney for the Jersey City Redevelopment Agency.

James Morley, chair of the redevelopment agency and a member of the Jersey City Library Board, is the foundation's president.

Michael Ryan, the owner of the PJ Ryan's bar and restaurant on Marin Boulevard, also sits on the board, and his establishment, according to the incorporation papers, is the foundation's official meeting place.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

On the Waterfront: Real Estate and Corruption

The waterfront of Jersey City -- the area along the Hudson River -- has been the venue during the last decade for real estate developments worth many billions of dollars. This area now hosts, for example, the most expensive golf course in America and the largest mixed-use (residential and commercial) development in America.

Corrupt government officials in New Jersey may have been content to accept small bribes, but their decisions about real estate development in New Jersey affected investment and development decisions worth billions.

New Jersey Corruption Saga and Investigation Continue

You will recall that a few days ago the FBI arrested 44 persons -- most of them New Jersey government officials -- for taking bribes, mostly in exchange for promises of help with real estate developments. The bribe-giver, however, was a "cooperating witness" -- a man called Dwek -- who had himself gotten in legal trouble a few years earlier (by passing a bad $25 million check at a bank drive-through window) and was apparently doing his best, for a very long period of time, to reduce his eventual punishment for his own defalcations. These arrests have put into motion a series of interesting events. See the following headlines (which tell much of the story) and the following linked stories in publications of nj.com:

Augustin Torres, "Solomon Dwek [the copperating witness] must have met every politically connected person in Hudson County," Jersey Journal (July 28, 2009)

A snippet:

Solomon Dwek must have met everyone on the Hudson County political landscape the past two years while on his FBI-motivated mission to entice and corrupt anyone with insider influence. His work resulted in the arrest of 44 individuals Thursday, many of them public officials.

What is interesting is the number of people who are eager to contact members of the media to reveal that they had encounters with the federal government's cooperating witness or Mr. 'CW,' who has been identified as Solomon Dwek.

"200 call for Cammarano [mayor of Hoboken] to quit office" Jersey Journal (July 28, 2009)

A snippet:

In Hoboken, neither rain nor a little hail could deter roughly 200 people who came to City Hall last night to protest Mayor Peter's Cammarano's decision to remain in office even though he has a corruption charge hanging over his head.

Amy Clark, "Jersey City City Council President Mariano Vega to quit abatement panel, but won't resign" Jersey Journal (July 28, 2009)

A snippet:

Jersey City Council President Mariano Vega Jr. said yesterday he was as surprised as anybody else to find himself participating in a perp walk last week and he has no intention of resigning his posts.

"The events from this past Thursday are as shocking to me as everyone else," Vega read from a statement at the council's caucus meeting.

"Secaucus Mayor Dennis Elwell will resign, but contest federal corruption charge," Star-Ledger (July 28, 2009)

A snippet:

Mayor Dennis Elwell [mayor of Seacaucus, NJ] is the first elected official arrested in last week's corruption sweep in New Jersey to say he'll resign.

Elwell's lawyer said his client is stepping down, but is not admitting guilt and will defend himself against the allegations.

"Jersey City pol basks in limelight of political corruption arrest: video," Jersey Journal (July 28, 2009)

A snippet:

A Jersey City political operative [Joseph Cardwell] exhibited Jersey perp walk technique No. 4 when leaving the federal courthouse on Thursday after being charged in the massive corruption scandal, according to a "Ledger Live" video that also shows former Jersey City council candidate LaVern Webb-Washington covering her head with clothes and replays Mayor Jerramiah Healy singing the "Bradley Beach Prison Blues.''

Joseph Cardwell, accused of agreeing to offer a bribe to a public official, can be heard saying, "Like a rock star, right" as news photographers jump in his path, snapping away like paparazzi.

N.B. The video is well worth watching. It includes a snippet showing Mayor Jerramiah Healy singing a New Jersey variant of the "Folsom Prison Blues." [Did ASCAP get its money?]

Augustin Torres, "Jack Shaw, figure in massive NJ corruption scandal, found dead in Jersey City," Jersey Journal (July 28, 2009)

A snippet:

Jack Shaw of Jersey City, one of the 44 people arrested in Thursday's massive New Jersey corruption scandal, was found dead in his apartment this evening, Hudson County Prosecutor Edward DeFazio has confirmed.

A relative found the 61-year-old political consultant's body, De Fazio said.

"6 Jersey City employees in sweep are off municipal payroll," Jersey Journal (July 29, 2009)

A snippet:

Deputy Mayor Leona Beldini; John Guarini, a clerk in the Building Department; Maher Khalil, deputy director of the city's Department of Health and Human Services; Joseph Castagna, the city's health officer; Guy Catrillo, a former City Council candidate and planning aide; and Michael Manzo, a firefighter are the six Jersey City employees arrested in last week's corruption sweep, officials confirmed. yesterday.

Paul Takahashi, "100 outside City Hall demand resignations from Healy, Lopez and Vega," Jersey Journal (July 29, 2009)

A snippet:

About 100 people are demonstrating outside City Hall in Jersey City, demanding that Jersey City Mayor Jerramiah Healy, City Council President Mariano Vega and Councilwoman Nidia Lopez resign.

[snip, snip]

Vega was charged in a massive FBI sting last week. He is charged with three $10,000 payments for his re-election campaign. Healy has not been charged, but has said he's Jersey City Official 4 in the criminal complaint against Deputy Mayor Leona Beldini, Hudson County Affirmative Action Officer Ed Cheatam and political consultant Jack Shaw.

The complaint alleges that Cheatam, Shaw and Beldini accepted bribes as campaign contributions to Healy's campaign; and that Healy met twice with the FBI informant who offered the bribes.

Shaw was found dead Tuesday night in his home.

Lopez was not charged in the sting, but an opponent in the May election, Jimmy King, who was charged in the sting, has filed a lawsuit questioning her residency in Jersey City.

Paul Takahashi, "Jersey City Mayor Jerramiah Healy says he won't resign," Jersey Journal (July 29, 2009)

A snippet:

"I was accused of no wrongdoing," said the mayor, who was alluded to as "JC Official 4" in the federal criminal complaint against Deputy Mayor Leona Beldini, Hudson County Affirmative Action Officer Ed Cheatam and political strategist Jack Shaw, who was found dead in his apartment yesterday. "I intend on doing the job that people elected me to do."

More prosecutorial shoes will probably fall. The big question now is whether one of them will fall on Mayor Healy.

Josh Margolin & Mark Mueller, "Feds issue subpoenas in Hoboken, Jersey City, Ridgefield, Secaucus," Star-Ledger (July 29, 2009)

A snippet:

Federal investigators have served subpoenas on government offices in four New Jersey communities where elected officials were swept up last week in a sprawling FBI corruption probe.

Are state and local prosecutors doing anything? It is possible that New Jersey's attorney general, probably with prodding from New Jersey's Governor Corzine (whose re-election prospects have been damaged by the scandal), will do something. But local prosecutors in Hudson County (which encompasses Jersey City [the actual venue for Marlon Brando {"I cudda been somebody"} in "On the Waterfront" {which was a story about the Brooklyn docks}] and Hoboken [Frank Sinatra's birthplace], who cannot be accused of having an excessive amount of courage or imagination, will very probably bring no charges; they don't seem to be much interested in high-level political corruption in New Jersey. And that's an old story.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

The Best Currently-Available Set of MarshalPlan (Evidence Marshaling) Stacks

The stacks (files) found below are the evidence marshaling stacks that so far exist in MarshalPlan -- and each one of these stacks (or files) is the equivalent of a method of marshaling, or organizing, evidence. You can run those stacks with Revolution Player. (To download a non-Windows-operating-system player, go here.) I suggest you download all of the stacks found below before you run them with the Revolution Player -- because then the stacks will link to each other and you can then see MarshalPlan 3.0 in its full glory.

Analysts (Users)
Legal Actors
Event Actors
Witnesses
Catalogue of All Persons
Case Theory
Evidence of Material Facts
Evidence for and against Material Facts
Legal Argument
Legal Rules
Legal Source Material
Loose Thoughts
Network Manager (I suggest you begin by using Revolution Player to run this stack.)
Possibilities
Elimination of Possibilities
Questions & Issues
Raw Evidence
Records
Actor Scenario
Case Scenario
Tangible ("Real") Evidence
Actor Time Line
Case Time Line
Time Line for Tangible Evidence
Witness Time Line
Narrative, Story-Telling, and Rhetoric
Investigation and Proof Time Line
Witness Credibility
Probative Value (a/k/a "Argument from Evidence to Factual Hypothesis," or "Factual Inference" proper)

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N.B. As always, please keep in mind that MarshalPlan is not a prototype of a real-world real-time operating system. In its present configuration, it is more akin to a tinker-toy, suitable for use mainly in the classroom.

&&& &&& The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

How Do You Pass a Bad Check for $25 Million?

Answer: use a drive-through bank window.

This is the clever method used by Solomon Dwek, the undercover informant in the recent wave of FBI arrests of 44 individuals, mostly for public corruption in New Jersey. See Kelly Heyboer & Maryann Spoto, "Dwek's role as FBI informant was 'worst-kept secret in New Jersey,'" nj.com (July 26, 2009). The article recounts:

In 2006, as his real estate deals began to unravel and loans came due, Dwek rolled into the drive-thru window at the PNC Bank in Eatontown. He gave the teller a bogus $25.2 million check, according to prosecutors. The teller cashed the check after Dwek assured the bank that the money to cover the charge would be wired into his account soon.

Dwek allegedly transferred more than $22 million of the money to another bank to pay off loans before PNC caught the fraud. He was arrested after he attempted to cash a second bogus $25 million check at another PNC bank.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

True Friendship?

Leona Beldini, the deputy mayor of Jersey City, was among the New Jersey public officials arrested by federal authorities for taking bribes from a person who Beldini and other public officials thought was a real estate developer but was in fact acting as an undercover agent. Mayor Jerramiah Healy later suspended the Jersey City officials [including, presumably, Beldini] who were charged with such misdeeds. Mayor Healy said that the charges were shocking. But he also said:

"I have full faith in Leona [Beldini]," Healy said. "She’s a good friends of mine — was and will be."

Now why do you suppose Healy said that? Was it out of friendship? Or did his profession of perpetual friendship for Beldini have something to with the allegation that he and Beldini met twice with the person who was pretending to be a developer and who made the payment to Beldini?

Note: On July 24 the AP reported:

The complaint targets Jersey City Deputy Mayor Leona Beldini, who is charged with taking 20-thousand dollars in bribes.

Beldini served as Healy's treasurer for his 2009 mayoral campaign, and she is accused of collecting cash on Healy's behalf, in exchange for promising to fast-track the cooperating witness -- or c-w's -- development projects.

Throughout the complaint, Healy is referred to as 'J-C Official 4.'

In one recorded exchange, "Beldini responded that she could say one thing about J-C Official 4. J-C Official 4 remembered J-C Official 4's friends, and J-C Official 4's word was gold."

Later the complaint describes how, "at a diner in Jersey City, defendant Cheatam and defendant Shaw accepted $10,000 in cash each from the c-w, including $5,000 a piece to "convert" into contributions for J-C Official 4."

Edward Cheatem [sic], a city official, and Jack Shaw, a political consultant, have also been charged with taking bribes.

Healy has suspended all of the Jersey City workers charged in the corruption investigation without pay.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Paul Mulshine: "Guns don't cause crime; diners cause crime"

Truth is relative. The truth in New Jersey: "Guns don't cause crime; diners cause crime"

Go here.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Jerramiah Healy, Mayor of Jersey City

Jerramiah Healy, currently the mayor of Jersey City, New Jersey, admits he is a target of the federal investigation that has thus far led, this July, to the arrest of 44 persons, including the deputy mayor of Jersey City and the president of the New Jersey City council. A July 24 AP article states in part:

NEWARK -- There is a significant development involving another politician in this case.

Jersey City Mayor Jeremiah [sic] Healy is acknowledging that he is also under investigation.

We want to be clear that he has not been charged.

Healy released a statement on Friday saying that he did nothing wrong.

But based on the criminal complaint, it is clear that Healy met with the key government witness in March of this year about development projects in Jersey City.

The complaint targets Jersey City Deputy Mayor Leona Beldini, who is charged with taking 20-thousand dollars in bribes.

Beldini served as Healy's treasurer for his 2009 mayoral campaign, and she is accused of collecting cash on Healy's behalf, in exchange for promising to fast-track the cooperating witness -- or c-w's -- development projects.

Throughout the complaint, Healy is referred to as 'J-C Official 4.'

In one recorded exchange, "Beldini responded that she could say one thing about J-C Official 4. J-C Official 4 remembered J-C Official 4's friends, and J-C Official 4's word was gold."

Later the complaint describes how, "at a diner in Jersey City, defendant Cheatam and defendant Shaw accepted $10,000 in cash each from the c-w, including $5,000 apiece to "convert" into contributions for J-C Official 4."

Edward Cheatem, a city official, and Jack Shaw, a political consultant, have also been charged with taking bribes.

Healy has suspended all of the Jersey City workers charged in the corruption investigation without pay.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

A Tutorial on Witness Credibilty

If you have a Windows machine and use the Firefox browser, you may be able to look at the stack Witness Credibility. (Alternatively, you can follow the instructions provided here.)

N.B. Much of what I know about credibility -- almost but not quite everything I know about the logic of credibility -- I learned from David Schum.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Evidence Marshaling for Investigation & Litigation: Cloud Computing

I'm starting to put MarshalPlan 3.0 (evidence marshaling software) on the web.

Please see here and here

You will need to download a plug-in. If the plug-in icon does not appear, please go here and download the plug-in.

In a few weeks I will post about 20 more evidence marshaling stacks on the web.

Comments are welcome.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Organized Crime May (Partially) Defeat New Japanese Mixed-Court System

"Lay judges may not try mob hit," Japanese Times Online (July 18, 2009):

Prosecutors will ask a court not to try a gangster under the lay judge system for fear of possible reprisals against citizen judges, prosecution sources said Friday.

A rough parallel to the fate of trial by jury in Diplock (terrorist) cases in Northern Ireland during "The Troubles."

Should Japanese officialdom have a bit more faith in its citizenry and a little less belief in the power of its organized crime?

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

EATR?

EATR = Energetically Autonomous Tactical Robot

Yes, we will (will we?) owe this to DARPA. See here

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

How Many Evidence Marshaling Strategies Are There?

You will forgive me, I trust, if I return to MarshalPlan once again. You see, I think of MarshalPlan as my baby.

Other people who may not wish to be publicly acknowledged, deserve part of whatever credit is due for the creation of MarshalPlan. It is possible my former collaborators think me slightly daft for continuing to develop MarshalPlan. If they do, I would humbly beg to differ with them. I admit I am "possessed" by the MarshalPlan project. But this is not only because I think MarshalPlan may be very useful to legal professionals such as litigators and investigators, but also because I think MarshalPlan says something important -- fundamental -- about human knowledge.

The following are the evidence marshaling stacks that so far exist in MarshalPlan -- and each one of these stacks (or files) is the equivalent of a method of marshaling, or organizing, evidence:

Analysts (Users)
Legal Actors
Event Actors
Witnesses
Case Theory
Evidence of Material Facts
Evidence for and against Material Facts
Legal Argument
Legal Rules
Legal Source Material
Loose Thoughts
Network Manager (I suggest you begin by using Revolution Player to run this stack.)
Possibilities
Elimination of Possibilities
Questions & Issues
Raw Evidence
Records
Actor Scenario
Case Scenario
Tangible ("Real") Evidence
Actor Time Line
Case Time Line
Time Line for Tangible Evidence
Witness Time Line
Narrative, Story-Telling, and Rhetoric
Investigation and Proof Time Line
Witness Credibility
Probative Value (a/k/a "Argument from Evidence to Factual Hypothesis," or "Factual Inference" proper)

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You can run the above stacks with Revolution Player. (To download a non-Windows-operating-system player, go here.)

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N.B. Did you notice that time plays an essential role in many of the evidence marshaling strategies found above?

&&& &&& The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

A Timely Reminder of a Masterpiece about the History of Probability

It is often said that the history of probability begins in the eighteenth century, perhaps in the seventeenth century. The following masterful and sweeping survey of the history of probability (in many fields, including law) sets the record straight:

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Some Evidence of a Cause of the Concentrated Trial: A Lesson from Japan

Gavin Blair, "A new day for Japanese justice, Here comes the (lay) judge," GlobalPost (June 14, 2009):

In a radical change to Japan's modern justice system, lay judges will now be involved in trials of serious crimes: Six lay judges will sit on the bench alongside three professional judges at trials.

{snip, snip, snip}

One beneficial side effect of the changes will likely be a faster criminal justice process, as the current practice of spreading trials out over months, and sometimes years, will end.

“Judges sometimes work on dozens of cases at a time, sitting one day a month on each trial, spending the time between reading case documents,” [Hiroshi] Kawatsu [a trial attorney who heads the Japan Federation of Bar Associations’ (JFBA) Research Office for Judicial Reform] explained. The need for lay judges to return to their normal lives will make this impractical, and Japan is thus adopting a more focused approach to pre-trial procedures and evidence.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Japan's Mixed-Court Trials Soon to Swing into Action

See "134 so far to stand trial by lay judges," Japan Times Online (June 22, 2009).

The very first trial involves a killing caused by plastic bottles filled with water:

The first [trial], involving a 72-year-old man charged with murdering a neighbor, is scheduled for Aug. 3 to 6 at the Tokyo District Court.

Katsuyoshi Fujii allegedly stabbed Haruko Bun, 66, a South Korean resident of Japan, to death May 1 on a road in Adachi Ward.

Fujii has allegedly told the police he lost his temper after some plastic bottles filled with water in front of his home were knocked over by a motorcycle owned by Bun's son.

Many people place plastic bottles around their garages, gardens and planters under the false belief that light reflected from them will scare off stray cats.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law