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Autonomy in Aviation: Miracle on the Hudson
On January 15, 2009, US Airways Flight 1549 took off from
New York City's LaGuardia airport bound for Charlotte, North
Carolina. What should have been a routine flight, flown by
highly experienced crewmembers took a shocking turn when it
struck multiple Canadian geese and lost thrust in both engines.
While everyone is familiar with the pilot's decision to land on
the Hudson River, most have not analyzed it from the
perspective of automation and how it can inform a discussion
about the future role of human beings versus automation or
artificial intelligence in future aviation operations.
For this assignment, make sure to review the module resources
related to this assignment and answer the following questions in
the discussion:
1. What level of automation was present in the Airbus A320-214
that the crew was flying that day?
2. Could a fully autonomous piloting system have landed safely
at an airport?
· Why or why not?
3. What assets if any, does a human being in the loop bring to
the situation that an autonomous system does not?
4. What does this make you think about the future of UAS
integrating into the National Airspace System and the
appropriate levels of automation that should be incorporated
into their design?
· Provide a short paper submission of at least400 words total.
· Use reference citations in APA format.
· Add a Reference section to the end of the paper.
BCJ 3801, Criminal Evidence and Legal Issues 1
Course Learning Outcomes for Unit III
Upon completion of this unit, students should be able to:
2. Identify the four main types of criminal evidence used in
trials.
2.1 Summarize the history of one of the main types of criminal
evidence used in trials.
6. Assess the role of the Fifth Amendment right against self-
incrimination.
6.1 Outline the various ways the Fifth Amendment offers
immunity from prosecution to witnesses.
9. Discuss the role of competency evaluations in criminal
proceedings.
9.1 Assess the advances in determining the admissibility of
competency evaluations as criminal
evidence in trials.
Reading Assignment
Chapter 5: Witnesses—Lay and Expert
Chapter 6: Credibility and Impeachment
Unit Lesson
One of the primary sources of evidence is a witness. Once
someone has personal knowledge of the facts of a
case, he or she becomes a potential witness for that case.
Witnesses are subpoenaed to ensure that they will
appear in court to testify. Witnesses can also receive a subpoena
duces, tecum that requires the person to
bring specific items to court. This may be in addition to the
requirement of his or her testimony in court. The
two general categories of witnesses are lay and expert.
An individual must personally know case-related facts in order
to be considered a lay witness. In addition, the
court will request that this person present the case-related
information to the court. Lay witnesses are
primarily required to testify about facts relevant to the case.
However, lay witnesses may testify in some
instances about their opinion or make an inference concerning
case-related information. The common
opinions that lay witnesses give in criminal cases include:
r intoxication,
value,
Garland (2015) points out that “An expert witness is a person
skilled in some art, trade, science, or
profession. An expert must have knowledge, skill, experience,
training, or education that is beyond that of the
average person” (p. 130). The most common types of expert
witnesses appearing in criminal cases include:
UNIT III STUDY GUIDE
Witnesses, Credibility, and Impeachment
BCJ 3801, Criminal Evidence and Legal Issues 2
UNIT x STUDY GUIDE
Title
-mark expert,
crimes,
ychologist and psychiatrist,
In order for an expert witness to be eligible to testify in court,
three criteria must be met:
1. the subject matter of the expert’s proposed testimony must be
relevant,
2. the expert’s field must be one requiring scientific, technical,
or specialized knowledge, and
3. the witness must have the background necessary to qualify as
an expert in the field (Garland, 2015,
p. 131).
Similar to the voir dire process utilized during jury selection, an
expert witness must also answer questions
concerning his or her qualifications. However, the proof of the
expert witness’s qualifications must be provided
by the side producing the expert witness. For example, if the
defense want to bring in a psychologist or
psychiatrist, they must provide proof that the psychologist or
psychiatrist is a qualified expert witness. Expert
witnesses are allowed to provide their opinions and conclusions
based on information he or she possesses,
secondary data, and the provision of hypothetical facts from
which the expert is asked to make conclusions.
Witnesses are expected to be credible, and credible witnesses
are perceived to be believable. Thus, the
absence of witness credibility makes the witness unbelievable.
Therefore, after qualifying to be an actual
witness in a case, witnesses must also pass any credibility tests
that are applied during the questioning
phases of the criminal trial. The cross-examination is one of the
primary tools for evaluation of a witness’s
credibility. During this process, the witness is required to
answer questions that are designed to reduce the
witness’s credibility. If the believability of a witness’s
testimony is diminished or destroyed, the witness is
impeached. Witnesses can be impeached using five methods:
1. by contradiction;
2. by showing that the witness has a bad character with respect
to the trait of truthfulness;
3. by showing that the witness has made statements inconsistent
with his or her present testimony;
4. by showing that the witness is biased; and
5. by showing that the witness has a failure or deficiency in the
ability to perceive, remember, or narrate
(Garland, 2015, p. 156).
Witnesses can also impeach themselves by discrediting their
testimony (e.g., behavior while on the stand,
speaking style, inability to provide a convincing testimony).
Witnesses are prohibited from being impeached
by questions about their religious beliefs or opinions. Once a
witness has been impeached, there is still an
opportunity for the side that produced the witness to restore the
witness’s credibility. This restoration of the
witness’s credibility can be brought about by the use of the
rehabilitation of the witnesses, and in some
instances, the proof of prior consistent statements may also be
used. While it is a common practice that the
party bringing the witness supports the witness, it is possible
for the party bringing the witness to impeach
their witness. This form of impeachment usually occurs when a
party cannot depend on a witness to testify in
their favor (e.g., reluctant primary witnesses in a domestic
violence case).
Although witnesses can be compelled to testify similar to
defendants, witnesses have a privilege against self-
incrimination. Thus, a witness is permitted to decline to answer
questions that would confirm that he or she is
guilty of committing a crime and could result in the witness
being prosecuted and convicted for that crime. The
witness must claim this privilege and is the only one who can
waive the privilege. Witnesses can also be
offered immunity against prosecution. Normally, this immunity
is offered to someone who has been found
engaging in criminal behavior or has been apprehended while
engaging in criminal behavior. Their testimony
is more beneficial to the prosecution of a criminal case than if
that person were made a defendant in a
criminal case. Subsequently, there are two types of immunity
that are applied to a witness’s testimony in
criminal cases: use and derivative use immunity, and
transactional immunity. Use and derivative use
BCJ 3801, Criminal Evidence and Legal Issues 3
UNIT x STUDY GUIDE
Title
immunity protects an immunized witness from the use of his or
her immunized testimony and any related
evidence as a means of seeking prosecution against him or her.
Only the testimonial information that has
been given immunity and any related evidence cannot be used to
charge, try, and convict the immunized
witness of a crime. However, transactional immunity is more
comprehensive in that it protects the immunized
witness from being charged, tried, and convicted of a crime
related to any activity discussed by the
immunized witness during his or her testimony. Thus,
transactional immunity is said to be “blanket immunity,”
(Garland, 2015, p.170). Many jurisdictions offer immunized
witnesses use and derivative use immunity to
ensure that the prosecutor’s ability to prosecute future criminal
cases will not be hindered more than what is
necessary to obtain a conviction in the current case (Garland,
2015).
In summation, witnesses are an important type of evidence
utilized in criminal cases. The credibility of a
witness is integral to the acceptability of the witness’s
testimony concerning the criminal case. If the witness’s
credibility is diminished or destroyed, then his or her testimony
is no longer considered valid for the criminal
case. Therefore, there are procedures by which the witness’s
credibility can be evaluated and, if necessary,
rehabilitated.
Reference
Garland, N. M. (2015). Criminal evidence (7th ed.). New York,
NY: McGraw Hill Education.
Suggested Reading
The following articles bring some insight to the witness
testimony and credibility in criminal cases. You are
highly encouraged to review these articles to supplement the
lesson content.
In order to access the resources below, you must first log into
the myCSU Student Portal and access the
Criminal Justice database within the CSU Online Library.
Saltzburg, S. A. (2010). Dual roles: Fact and expert witness.
Criminal Justice, 25(3), 32-35.
Wessel, E., Drevland, G. C. B., Eilertsen, D. E., & Magnussen,
S. (2006). Credibility of the emotional witness:
A study of ratings by court judges. Law and Human Behavior,
30(2), 221-30.
The following interactive tutorials are a great enhancement tool
to learn more about the roles of witnesses
and types of witnesses as discussed in the lesson lecture.
to access the link below in Mycourse Tools for
The Witness tutorial.
Types of Witnesses tutorial.
Learning Activities (Nongraded)
Imagine the type of role you would play as a lay or expert
witness using the expertise that you acquired in
your favorite position (current or former) or your favorite
extracurricular activity. Think about the type of
subpoena you might receive and the type of information and/or
items you might be required to bring to the
court. Think about the type of lay opinion testimony you would
be asked to provide. Brainstorm about the type
of information you would be required to use as the basis for
your expert witness testimony. Contemplate the
methods of impeachment to which you might be subjected. Take
time to reflect upon your thoughts to
determine whether or not you are prepared to be a lay or expert
witness and the likelihood that you will be
required to appear in court as a lay or expert witness.
Nongraded Learning Activities are provided to aid students in
their course of study. You do not have to submit
them. If you have questions, contact your instructor for further
guidance and information.
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  • 1. Autonomy in Aviation: Miracle on the Hudson On January 15, 2009, US Airways Flight 1549 took off from New York City's LaGuardia airport bound for Charlotte, North Carolina. What should have been a routine flight, flown by highly experienced crewmembers took a shocking turn when it struck multiple Canadian geese and lost thrust in both engines. While everyone is familiar with the pilot's decision to land on the Hudson River, most have not analyzed it from the perspective of automation and how it can inform a discussion about the future role of human beings versus automation or artificial intelligence in future aviation operations. For this assignment, make sure to review the module resources related to this assignment and answer the following questions in the discussion: 1. What level of automation was present in the Airbus A320-214 that the crew was flying that day? 2. Could a fully autonomous piloting system have landed safely at an airport? · Why or why not? 3. What assets if any, does a human being in the loop bring to the situation that an autonomous system does not? 4. What does this make you think about the future of UAS integrating into the National Airspace System and the appropriate levels of automation that should be incorporated into their design? · Provide a short paper submission of at least400 words total. · Use reference citations in APA format. · Add a Reference section to the end of the paper.
  • 2. BCJ 3801, Criminal Evidence and Legal Issues 1 Course Learning Outcomes for Unit III Upon completion of this unit, students should be able to: 2. Identify the four main types of criminal evidence used in trials. 2.1 Summarize the history of one of the main types of criminal evidence used in trials. 6. Assess the role of the Fifth Amendment right against self- incrimination. 6.1 Outline the various ways the Fifth Amendment offers immunity from prosecution to witnesses. 9. Discuss the role of competency evaluations in criminal proceedings. 9.1 Assess the advances in determining the admissibility of competency evaluations as criminal evidence in trials. Reading Assignment
  • 3. Chapter 5: Witnesses—Lay and Expert Chapter 6: Credibility and Impeachment Unit Lesson One of the primary sources of evidence is a witness. Once someone has personal knowledge of the facts of a case, he or she becomes a potential witness for that case. Witnesses are subpoenaed to ensure that they will appear in court to testify. Witnesses can also receive a subpoena duces, tecum that requires the person to bring specific items to court. This may be in addition to the requirement of his or her testimony in court. The two general categories of witnesses are lay and expert. An individual must personally know case-related facts in order to be considered a lay witness. In addition, the court will request that this person present the case-related information to the court. Lay witnesses are primarily required to testify about facts relevant to the case. However, lay witnesses may testify in some instances about their opinion or make an inference concerning case-related information. The common opinions that lay witnesses give in criminal cases include:
  • 4. r intoxication, value, Garland (2015) points out that “An expert witness is a person skilled in some art, trade, science, or profession. An expert must have knowledge, skill, experience, training, or education that is beyond that of the average person” (p. 130). The most common types of expert witnesses appearing in criminal cases include: UNIT III STUDY GUIDE Witnesses, Credibility, and Impeachment BCJ 3801, Criminal Evidence and Legal Issues 2
  • 5. UNIT x STUDY GUIDE Title -mark expert, crimes, ychologist and psychiatrist, In order for an expert witness to be eligible to testify in court, three criteria must be met: 1. the subject matter of the expert’s proposed testimony must be relevant, 2. the expert’s field must be one requiring scientific, technical,
  • 6. or specialized knowledge, and 3. the witness must have the background necessary to qualify as an expert in the field (Garland, 2015, p. 131). Similar to the voir dire process utilized during jury selection, an expert witness must also answer questions concerning his or her qualifications. However, the proof of the expert witness’s qualifications must be provided by the side producing the expert witness. For example, if the defense want to bring in a psychologist or psychiatrist, they must provide proof that the psychologist or psychiatrist is a qualified expert witness. Expert witnesses are allowed to provide their opinions and conclusions based on information he or she possesses, secondary data, and the provision of hypothetical facts from which the expert is asked to make conclusions. Witnesses are expected to be credible, and credible witnesses are perceived to be believable. Thus, the absence of witness credibility makes the witness unbelievable. Therefore, after qualifying to be an actual witness in a case, witnesses must also pass any credibility tests that are applied during the questioning phases of the criminal trial. The cross-examination is one of the primary tools for evaluation of a witness’s credibility. During this process, the witness is required to answer questions that are designed to reduce the witness’s credibility. If the believability of a witness’s testimony is diminished or destroyed, the witness is impeached. Witnesses can be impeached using five methods: 1. by contradiction; 2. by showing that the witness has a bad character with respect
  • 7. to the trait of truthfulness; 3. by showing that the witness has made statements inconsistent with his or her present testimony; 4. by showing that the witness is biased; and 5. by showing that the witness has a failure or deficiency in the ability to perceive, remember, or narrate (Garland, 2015, p. 156). Witnesses can also impeach themselves by discrediting their testimony (e.g., behavior while on the stand, speaking style, inability to provide a convincing testimony). Witnesses are prohibited from being impeached by questions about their religious beliefs or opinions. Once a witness has been impeached, there is still an opportunity for the side that produced the witness to restore the witness’s credibility. This restoration of the witness’s credibility can be brought about by the use of the rehabilitation of the witnesses, and in some instances, the proof of prior consistent statements may also be used. While it is a common practice that the party bringing the witness supports the witness, it is possible for the party bringing the witness to impeach their witness. This form of impeachment usually occurs when a party cannot depend on a witness to testify in their favor (e.g., reluctant primary witnesses in a domestic violence case). Although witnesses can be compelled to testify similar to defendants, witnesses have a privilege against self- incrimination. Thus, a witness is permitted to decline to answer questions that would confirm that he or she is guilty of committing a crime and could result in the witness being prosecuted and convicted for that crime. The witness must claim this privilege and is the only one who can waive the privilege. Witnesses can also be
  • 8. offered immunity against prosecution. Normally, this immunity is offered to someone who has been found engaging in criminal behavior or has been apprehended while engaging in criminal behavior. Their testimony is more beneficial to the prosecution of a criminal case than if that person were made a defendant in a criminal case. Subsequently, there are two types of immunity that are applied to a witness’s testimony in criminal cases: use and derivative use immunity, and transactional immunity. Use and derivative use BCJ 3801, Criminal Evidence and Legal Issues 3 UNIT x STUDY GUIDE Title immunity protects an immunized witness from the use of his or her immunized testimony and any related evidence as a means of seeking prosecution against him or her. Only the testimonial information that has been given immunity and any related evidence cannot be used to charge, try, and convict the immunized witness of a crime. However, transactional immunity is more comprehensive in that it protects the immunized witness from being charged, tried, and convicted of a crime related to any activity discussed by the immunized witness during his or her testimony. Thus, transactional immunity is said to be “blanket immunity,” (Garland, 2015, p.170). Many jurisdictions offer immunized witnesses use and derivative use immunity to
  • 9. ensure that the prosecutor’s ability to prosecute future criminal cases will not be hindered more than what is necessary to obtain a conviction in the current case (Garland, 2015). In summation, witnesses are an important type of evidence utilized in criminal cases. The credibility of a witness is integral to the acceptability of the witness’s testimony concerning the criminal case. If the witness’s credibility is diminished or destroyed, then his or her testimony is no longer considered valid for the criminal case. Therefore, there are procedures by which the witness’s credibility can be evaluated and, if necessary, rehabilitated. Reference Garland, N. M. (2015). Criminal evidence (7th ed.). New York, NY: McGraw Hill Education. Suggested Reading The following articles bring some insight to the witness testimony and credibility in criminal cases. You are highly encouraged to review these articles to supplement the lesson content. In order to access the resources below, you must first log into the myCSU Student Portal and access the Criminal Justice database within the CSU Online Library. Saltzburg, S. A. (2010). Dual roles: Fact and expert witness.
  • 10. Criminal Justice, 25(3), 32-35. Wessel, E., Drevland, G. C. B., Eilertsen, D. E., & Magnussen, S. (2006). Credibility of the emotional witness: A study of ratings by court judges. Law and Human Behavior, 30(2), 221-30. The following interactive tutorials are a great enhancement tool to learn more about the roles of witnesses and types of witnesses as discussed in the lesson lecture. to access the link below in Mycourse Tools for The Witness tutorial. Types of Witnesses tutorial. Learning Activities (Nongraded) Imagine the type of role you would play as a lay or expert witness using the expertise that you acquired in your favorite position (current or former) or your favorite extracurricular activity. Think about the type of subpoena you might receive and the type of information and/or items you might be required to bring to the court. Think about the type of lay opinion testimony you would be asked to provide. Brainstorm about the type of information you would be required to use as the basis for your expert witness testimony. Contemplate the methods of impeachment to which you might be subjected. Take time to reflect upon your thoughts to determine whether or not you are prepared to be a lay or expert
  • 11. witness and the likelihood that you will be required to appear in court as a lay or expert witness. Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit them. If you have questions, contact your instructor for further guidance and information. http://www.pearsoncustom.com/mct- enterprise/asset.php?isbn=1256689785&id=16308 http://www.pearsoncustom.com/mct- enterprise/asset.php?isbn=1256689785&id=16107