Over a twenty-one month period in 2008 and 2009, Defendant Randy Alan Larkins allegedly broke into over a dozen gym lockers at Southern California Bally's, 24 Hour Fitness, and L.A. Fitness. When arrested, he was found in possession of twelve membership cards that were not issued to him for Bally's and 24 Hour Fitness, mail that was not his own, driver's licenses that were not his and dozens of credit cards that were not his own.
Larkins was charged with and subsequently convicted of five counts of second degree commercial burglary (California Penal Code § 459), four counts of receiving stolen property (California Penal Code § 496(a)) and one count of identity theft (California Penal Code § 530.5(a)).
Larkins challenged the testimony of one witness whose testimony the prosecution offered under California Evidence Code § 1101(b) to show identity, intent and knowledge. The witness was a 24 Hour Fitness loss prevention manager whose testimony identified Larkins at a Montclair 24 Hour Fitness. The witness testified that he had never seen Larkins in person, but had seen twenty to thirty security videos with defendant in them and that based on such videos, he could also place Larkins in theMontclairgym.
Larkins challenged the adequacy of the foundation for the loss prevention manager's testimony and thus his conviction in the trial court. Since he had never seen Larkins face to face or in person, Larkins argued that he really could not credibly identify Larkins on a video.
Larkins did not argue that his appearance had changed over time, as might be possible when almost two years had passed. Larkins also did not argue that the twenty or thirty security videos were filmed from afar or of such low quality that identification of Larkins was difficult.
Larkins only seemed to insist thatCalifornialaw should impose a requirement that every witness seeking to identify a witness must have seen the subject in person. The implication was that without a person-to-person view, the identification of him was speculative.
The Fourth Appellate District, in an opinion issued on Thursday, October 6, 2011 (People v. Randy Allan Larkins (2011 DJDAR 105024)), seemed annoyed at Larkins' appeal. Sarcastically stating that:
We do not doubt that a star-struck young lady who has seen
pictures of Justin Bieber in magazines could easily identify
him were she to see him on a video, on television or in person.
The court of appeal further noted that the loss prevention manager could observe Larkins' distinguishing characteristics, such as his posture, gait and body movements. In each video, Larkins was seen entering a certain club with a backpack over his shoulder, proceeding directly to the men's locker room, emerging two to three minutes later and leaving the club.
Putting a nail in the coffin, the court ended its opinion by commenting that its opinion was but a small fraction of the enormous evidence against Larkins. It stated that even if the trial court had abused its discretion in admitting the loss prevention manager's opinion, the appellate court would not reverse.
3/27/2012
3/26/2012
Mysteries Associated with Custom Term Papers
If you haven't heard about custom writing yet that means you are not the inhabitant of our planet earth.Custom term papers notion has emerged and acquired a prominent position in the market. Students are mostly too good in memorizing things that's why most of them pass their exams with flying colors but when it comes to term paper or essay writing, they all feel quite helpless,reason might be that they don't have prior knowledge of academic writing especially college writing as it is much difficult and need more mature approach.
There isn't any course with the title of writing methodology and teacher and course in charges are more concerned in getting a well prepared paper rather than to give basic guidance of writing skill.In these circumstances,they have the only option of hiring custom writing assistance that are always ready to solve your queries and give you complete assistance in your writing tasks.
There are uncountable of services available that are continuously seeking students who wish to get their paper done without any personal efforts. But using a custom term papers service is like to travel in a dark tunnel, where you are assured that you can get a way out but completely unconscious about the path you are using. When you approach a service it is like to enter in a tunnel and when get the paper done and delivered, it is like getting out of the dark but what happened in between to points, a customer remains unaware. When you have provided by your order exactly according to your needs and you are satisfied with that outcome but even at that instance, you probably don't know who has written your paper,who delivered your paper and who received the payment,isn't it so strange??
Their working mode is quite mysterious as they don't want any specific details of their customers and customers are usually unaware what is actually going on.The instance when you are searching on internet a custom term papers writing service for your assignment writing,along with their other features "guaranteed confidentiality" is mentioned under the heading of their prominent features on their website.
This privacy element makes them suspicious,although it is expected according to the nature of their business but most of the times students get confused with many issues and they don't find a proper channel to contact them or to get them informed about immediate shift in previously defined guidelines.Although almost every service has a facility of online contact or live chat but very few respond quickly.
In case of refund,fraud or revision procedures are quite complicated or rather suspicious.Main factor for being mysterious is might be their questioned legal status,as they are not properly recognized and acknowledged by concern authorities that's why they are restricted in various grounds.Custom writing is considered to be a literary offense not formally but a debate is going on their existence and their field of operation.As students are not accomplishing their tasks by their own and actually committing an academic crime by buying other's intellect.
There isn't any course with the title of writing methodology and teacher and course in charges are more concerned in getting a well prepared paper rather than to give basic guidance of writing skill.In these circumstances,they have the only option of hiring custom writing assistance that are always ready to solve your queries and give you complete assistance in your writing tasks.
There are uncountable of services available that are continuously seeking students who wish to get their paper done without any personal efforts. But using a custom term papers service is like to travel in a dark tunnel, where you are assured that you can get a way out but completely unconscious about the path you are using. When you approach a service it is like to enter in a tunnel and when get the paper done and delivered, it is like getting out of the dark but what happened in between to points, a customer remains unaware. When you have provided by your order exactly according to your needs and you are satisfied with that outcome but even at that instance, you probably don't know who has written your paper,who delivered your paper and who received the payment,isn't it so strange??
Their working mode is quite mysterious as they don't want any specific details of their customers and customers are usually unaware what is actually going on.The instance when you are searching on internet a custom term papers writing service for your assignment writing,along with their other features "guaranteed confidentiality" is mentioned under the heading of their prominent features on their website.
This privacy element makes them suspicious,although it is expected according to the nature of their business but most of the times students get confused with many issues and they don't find a proper channel to contact them or to get them informed about immediate shift in previously defined guidelines.Although almost every service has a facility of online contact or live chat but very few respond quickly.
In case of refund,fraud or revision procedures are quite complicated or rather suspicious.Main factor for being mysterious is might be their questioned legal status,as they are not properly recognized and acknowledged by concern authorities that's why they are restricted in various grounds.Custom writing is considered to be a literary offense not formally but a debate is going on their existence and their field of operation.As students are not accomplishing their tasks by their own and actually committing an academic crime by buying other's intellect.
3/24/2012
Study Forensic Psychology Programs Online
One of the reasons that many people give up on their dream of a higher education is because they believe that they simply don't have the time or the resources to be able to go to school. Years ago, that might have been true. Times have changed and technology has come a long way. Today, it's possible to find schools online that will be able to offer you a quality education. They have accreditation, and they can provide you with the types of programs that you need. One of the careers that many people find interesting is forensic psychology, and it's even possible to find forensic psychology programs online today.
If you have an interest in learning more about forensic psychology programs, you will find a lot of reasons to try one of the online options. Many of the programs that will be able to give you a better understanding of the subject are through schools that have accreditation. This is going to be something that you will need to look for when you are choosing your schools, as accredited schools are going to make it much easier if you should choose to go beyond a Bachelor's degree and pursue a Master's or a doctorate.
Ads by Google
You are going to find quite a bit to love about the online programs. First, you don't have to go to regularly schedules classes through the day as you would if you were in a traditional setting. For someone who has to work to make ends meet throughout the day, this is a very important detail. It's also important for those who have families. When you choose to do forensic psychology programs online, you will be able to work on your own timetable, day or night. It makes it much easier for people to get a quality education.
However, you have to make sure that you push yourself no matter what it is that you are studying online. If you expect to do well, you have to take every lesson and every course seriously. Even though you might not have to attend class, you will still have to do the work and pass if you expect to succeed.
Once you start taking your forensic psychology programs on the web, you will see what a relief if can be for you. Learning is
If you have an interest in learning more about forensic psychology programs, you will find a lot of reasons to try one of the online options. Many of the programs that will be able to give you a better understanding of the subject are through schools that have accreditation. This is going to be something that you will need to look for when you are choosing your schools, as accredited schools are going to make it much easier if you should choose to go beyond a Bachelor's degree and pursue a Master's or a doctorate.
Ads by Google
You are going to find quite a bit to love about the online programs. First, you don't have to go to regularly schedules classes through the day as you would if you were in a traditional setting. For someone who has to work to make ends meet throughout the day, this is a very important detail. It's also important for those who have families. When you choose to do forensic psychology programs online, you will be able to work on your own timetable, day or night. It makes it much easier for people to get a quality education.
However, you have to make sure that you push yourself no matter what it is that you are studying online. If you expect to do well, you have to take every lesson and every course seriously. Even though you might not have to attend class, you will still have to do the work and pass if you expect to succeed.
Once you start taking your forensic psychology programs on the web, you will see what a relief if can be for you. Learning is
3/23/2012
Miniature and Aviation Lamps
We can find lamps in many areas. Lamps are not only used in the house, but also they are used in many industries for their activity. Some industries such as company, street, park, traffic light, and also in aircraft also need lamps. There are some kinds of lamps that can you find appropriate the purpose of them.
The best company that is sold lamps can be looked in Bulbspecialists.com. It sells miniature lamps that can light of area that you want. You can choose the miniature lamps and light bulbs what you want. Some brands of miniature lamps such as Philips, Sylvinia, and GE are available in this store. You can choose of them and the voltage that matches for you. This company also provides aviation lamps. These lamps are traceable aircraft lamps. Many stock of aircraft lamps, such as lamps for navigation systems, instrument panels, aircraft cabin, wing light, and landing lights is provided in this company.
You can contact the number of Specialty Bulb in the number that is provided in the website. This company sells completed miniature and aviation lamps. The quality of lamps is also high. So, choose the lamps from online catalog then you buy it, it is simple way to get the match lamp for you.
3/22/2012
Online Graduate School
Many people decide to take on a distance learning post-graduate degree because it is a necessary step in their career path. At the same time, it can be daunting. There are many steps along the way which feel intimidating.
Writing an online thesis or dissertation at the Master's or PhD level is one of those steps. Despite the fact that this kind of research-based writing is challenging, it is also something that can be achieved with the proper planning.
The first step is to figure out what kind of research you want to do. Not every thesis or dissertation needs to involve empirical research. For example, a phenomenological study looks deeply at the experiences of a small group of people. If you're interested in psychology, this could involve talking to a handful of families about their experiences with marriage, death or other life changes.
Ads by Google
There is no such thing as research problem defined by "no research" or "little research" in an area. In order for your study to contribute to collective knowledge and theory, it must relate to what is already known. The only research problem that does not relate to what it already known or believed to be true is one that no one in the field has any interest in or recognizes as a meaningful problem! While it is true in a trivial sense that every study is the first of its kind--everything in the universe happens only once!--because your research must contribute to theory, there will always be research and theory related to your topic.
Once you have a broad idea of what your research will entail, it's important to examine scholarly journals to make sure your research is original. This will take some time. You need to spend about three months reading everything on your topic to narrow down your interests. This will form your literature review.
After that, it's all a matter of taking the time to plan out each step with your online tutors, from your research questions to your methodology. Be careful and be creative, so that you don't have to repeat your literature review. Once you're finished, all it will take is a commitment to writing out your findings.
Writing an online thesis or dissertation at the Master's or PhD level is one of those steps. Despite the fact that this kind of research-based writing is challenging, it is also something that can be achieved with the proper planning.
The first step is to figure out what kind of research you want to do. Not every thesis or dissertation needs to involve empirical research. For example, a phenomenological study looks deeply at the experiences of a small group of people. If you're interested in psychology, this could involve talking to a handful of families about their experiences with marriage, death or other life changes.
Ads by Google
There is no such thing as research problem defined by "no research" or "little research" in an area. In order for your study to contribute to collective knowledge and theory, it must relate to what is already known. The only research problem that does not relate to what it already known or believed to be true is one that no one in the field has any interest in or recognizes as a meaningful problem! While it is true in a trivial sense that every study is the first of its kind--everything in the universe happens only once!--because your research must contribute to theory, there will always be research and theory related to your topic.
Once you have a broad idea of what your research will entail, it's important to examine scholarly journals to make sure your research is original. This will take some time. You need to spend about three months reading everything on your topic to narrow down your interests. This will form your literature review.
After that, it's all a matter of taking the time to plan out each step with your online tutors, from your research questions to your methodology. Be careful and be creative, so that you don't have to repeat your literature review. Once you're finished, all it will take is a commitment to writing out your findings.
3/21/2012
Your Cell Phone May Incriminate You of More Serious Offenses in a Traffic Stop
In today's world, the reality is that cell phones function in many ways beyond devices to talk to one another. We send e-mails, texts, leave voicemails, post messages to Facebook, watch videos, sent videos, etc. The cell phone, in other words, is being used in many ways beyond the traditional phone. It is a mini-computer of our private lives, with call histories, contact lists and photographs.
For many years, California law has been that a vehicular search incident to an arrest is valid when it is reasonable to believe that evidence might be found in the vehicle or any containers therein. The evidence must be related to the offense that was the reason for the stop.
In a recent Sixth Appellate District opinion, published just this past Tuesday, September 27, 2011, People v. Barry Jerome Nottoli (2011 DJDAR 14521), the scope of a vehicular search and the traditional uses of a phone were tested like never before.
In late 2009, a police officer pulled over Barry Nottoli at about 2:00 a.m. for speeding 90 miles per hour along Highway 1 near Santa Cruz. Nottoli was perspiring heavily, very nervous and continually rocking in his seat in a fidgety manner. His speech was rapid and disjointed. His pupils were constricted and his pulse was 160 beats per minute. The officer suspected Nottoli was under the influence of drugs and placed him under arrest.
In conducting an inventory search of Nottoli's car prior to it being towed, the officer found two "tooters," straws used to ingest drugs. He also found a converted Glock 20 handgun, loaded with hollow point rounds underneath the driver's seat.
He also found Nottoli's Blackberry Curve. The screensaver on the phone showed Nottoli holding two AR-15 assault rifles, which are difficult to obtain legally in California.
Based on the screensaver, as well as the presence of the two "tooters" and the loaded handgun, the officer believed he might find further evidence of gun-related crimes in the Blackberry, as well as of drug use, drug transactions and drug trafficking.
The officer then obtained a search warrant to search the cell phone. Based on information then seen on the phone, a search warrant for his residence was obtained. The search of his home revealed scales used in drug sales, a large cache of illegal weapons (the most seized from a home in ten years in California), large amounts of cash, marijuana, Oxycontin and other drugs in huge quantities.
Nottoli then moved to suppress all evidence seized pursuant to Penal Code section 1538.5, arguing that he had been unlawfully arrested and that the ensuing warrantless searches violated the Fourth Amendment. He also argued that the evidence seized from his home was the "fruit of the poisonous tree."
At the trial court level, the motion was granted. The prosecution then appealed to the Sixth Appellate District and the lower court ruling was reversed.
The Sixth Appellate District held that search of the cell phone was legal as a valid search incident to an arrest under the U.S. Supreme Court case of Arizona v. Grant, a 2009 opinion. But then the Sixth Appellate court seemed to extend Grant in ways we find noteworthy.
Stating that the search of the Blackberry was not proper as part of an inventory search of the vehicle, the court found that searching that phone was valid, however, as a search incident to an arrest to preserve evidence. Citing a 1973 U.S. Supreme Court case, Gustafson v. Robinson, where it was found proper to inspect the contents of a cigarette box (wherein heroin was found) in a motorist's pocket, the inspection of the Blackberry here was similarly proper.
Moreover, the court reasoned, Nottoli was arrested for speeding and displayed multiple signs of being under the influence of an illegal drug, so probable cause existed to justify the officer's search for evidence of the stimulant's source, i.e. seller.
Only time will tell if this broadening of police power to search the contents of a cell phone will be ruled as an invasion of privacy and that a cell phone, like a home computer, cannot be searched without a warrant.
For many years, California law has been that a vehicular search incident to an arrest is valid when it is reasonable to believe that evidence might be found in the vehicle or any containers therein. The evidence must be related to the offense that was the reason for the stop.
In a recent Sixth Appellate District opinion, published just this past Tuesday, September 27, 2011, People v. Barry Jerome Nottoli (2011 DJDAR 14521), the scope of a vehicular search and the traditional uses of a phone were tested like never before.
In late 2009, a police officer pulled over Barry Nottoli at about 2:00 a.m. for speeding 90 miles per hour along Highway 1 near Santa Cruz. Nottoli was perspiring heavily, very nervous and continually rocking in his seat in a fidgety manner. His speech was rapid and disjointed. His pupils were constricted and his pulse was 160 beats per minute. The officer suspected Nottoli was under the influence of drugs and placed him under arrest.
In conducting an inventory search of Nottoli's car prior to it being towed, the officer found two "tooters," straws used to ingest drugs. He also found a converted Glock 20 handgun, loaded with hollow point rounds underneath the driver's seat.
He also found Nottoli's Blackberry Curve. The screensaver on the phone showed Nottoli holding two AR-15 assault rifles, which are difficult to obtain legally in California.
Based on the screensaver, as well as the presence of the two "tooters" and the loaded handgun, the officer believed he might find further evidence of gun-related crimes in the Blackberry, as well as of drug use, drug transactions and drug trafficking.
The officer then obtained a search warrant to search the cell phone. Based on information then seen on the phone, a search warrant for his residence was obtained. The search of his home revealed scales used in drug sales, a large cache of illegal weapons (the most seized from a home in ten years in California), large amounts of cash, marijuana, Oxycontin and other drugs in huge quantities.
Nottoli then moved to suppress all evidence seized pursuant to Penal Code section 1538.5, arguing that he had been unlawfully arrested and that the ensuing warrantless searches violated the Fourth Amendment. He also argued that the evidence seized from his home was the "fruit of the poisonous tree."
At the trial court level, the motion was granted. The prosecution then appealed to the Sixth Appellate District and the lower court ruling was reversed.
The Sixth Appellate District held that search of the cell phone was legal as a valid search incident to an arrest under the U.S. Supreme Court case of Arizona v. Grant, a 2009 opinion. But then the Sixth Appellate court seemed to extend Grant in ways we find noteworthy.
Stating that the search of the Blackberry was not proper as part of an inventory search of the vehicle, the court found that searching that phone was valid, however, as a search incident to an arrest to preserve evidence. Citing a 1973 U.S. Supreme Court case, Gustafson v. Robinson, where it was found proper to inspect the contents of a cigarette box (wherein heroin was found) in a motorist's pocket, the inspection of the Blackberry here was similarly proper.
Moreover, the court reasoned, Nottoli was arrested for speeding and displayed multiple signs of being under the influence of an illegal drug, so probable cause existed to justify the officer's search for evidence of the stimulant's source, i.e. seller.
Only time will tell if this broadening of police power to search the contents of a cell phone will be ruled as an invasion of privacy and that a cell phone, like a home computer, cannot be searched without a warrant.
3/18/2012
The Unexpected Benefits of Private Universities
There are numerous college entrants who immediately eliminate top private universities from their lists of prospective institutions, assuming that these private universities are far too costly. Before you make this mistake, consider the different benefits in opting to attend a private school. The cost difference is likely not as dramatic as you think it might be, and ultimately, the advantages of attending one of the top private universities may be far grander than you ever imagined.
The Cost Of Education
The raw numbers that are presented in brochures can certainly be a bit shocking, but it is important to remember that the top private universities generally have greater endowment funds, which allows these institutions to provide students with more merit and need-based forms of financial assistance.
With everything considered, it may be surprising to find that you could have the ability to attend an Ivy League school for approximately the same cost as attending a public university. Your student debt upon graduating may even be less significant. If you are academically qualified, funding for attending a school, or lack of said funding, is certainly not a good reason to miss out on applying to the school of your dreams. So complete your FAFSA and take a chance on yourself and your dreams.
The Advantages
The most highly sought-after and prestigious degree programs are often offered at private schools. Due to the smaller sized classes, students get more undivided attention from their esteemed professors and have a much greater opportunity to foster strong personal relationships with their instructors and mentors.
There is a much greater selection in available extra-curricular activities at the top private universities, making it possible for students to bond with one another and to become lifelong friends. These institutions can also be more academically enriching than their public counterparts as well, given an abundance of special programs, such as study abroad opportunities.
After having passed the rigorous selection process and been granted admission, you will be entering into a learning environment that is highly competitive. There are more tutoring options for students at private schools, along with a greater abundance of subject matter labs, study groups and private time with instructors in order to foster success.
Contrary to instruction received at a public university, your freshman year core classes are not likely to be taught by teaching assistants when attending one of the top private universities.
Students who graduate from prestigious and top private universities will generally secure lucrative positions in their chosen fields, immediately after receiving their degrees, making it possible for graduates to pay down educational debt fast and to start building personal wealth.
The Cost Of Education
The raw numbers that are presented in brochures can certainly be a bit shocking, but it is important to remember that the top private universities generally have greater endowment funds, which allows these institutions to provide students with more merit and need-based forms of financial assistance.
With everything considered, it may be surprising to find that you could have the ability to attend an Ivy League school for approximately the same cost as attending a public university. Your student debt upon graduating may even be less significant. If you are academically qualified, funding for attending a school, or lack of said funding, is certainly not a good reason to miss out on applying to the school of your dreams. So complete your FAFSA and take a chance on yourself and your dreams.
The Advantages
The most highly sought-after and prestigious degree programs are often offered at private schools. Due to the smaller sized classes, students get more undivided attention from their esteemed professors and have a much greater opportunity to foster strong personal relationships with their instructors and mentors.
There is a much greater selection in available extra-curricular activities at the top private universities, making it possible for students to bond with one another and to become lifelong friends. These institutions can also be more academically enriching than their public counterparts as well, given an abundance of special programs, such as study abroad opportunities.
After having passed the rigorous selection process and been granted admission, you will be entering into a learning environment that is highly competitive. There are more tutoring options for students at private schools, along with a greater abundance of subject matter labs, study groups and private time with instructors in order to foster success.
Contrary to instruction received at a public university, your freshman year core classes are not likely to be taught by teaching assistants when attending one of the top private universities.
Students who graduate from prestigious and top private universities will generally secure lucrative positions in their chosen fields, immediately after receiving their degrees, making it possible for graduates to pay down educational debt fast and to start building personal wealth.
3/17/2012
Ten New Laws to Know for 2012
It is 2012 and a host of new laws become effective today. While some of these laws may not affect you, others may, so it good to be aware of how the laws have changed.
There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.
Testimony by a jailhouse informant is no longer enough to convict a suspect. Supposed jailhouse confessions have long been suspicious to us, as the informant may have significant credibility issues, ulterior motives and always seemed inherently untrustworthy to us. This is a good new law.
Juror texting, tweeting or research using smartphones. There will now be a new jury instruction admonishing jurors not to text, tweet or research cases at all. The jury will be told to only consider the facts presented to them and the law told to them in court without doing their own research or communicating outside the jury room.
Unpaid traffic ticket amnesty. Folks who have traffic tickets with fines that were due by January 1, 2009, will be allowed to pay just half the fine if they do so before June 30, 2012.
Booster seats. It is now the law that all children under eight or four feet, nine inches tall must be buckled into a booster seat. Previously, the law was that every kid had to use such a seat until age six or reached sixty pounds. It merits mention that as a parent of three kids around these ages and weights, I think this is a good law. Booster seats allow the seatbelt to better fit to the child.
Carrying an unloaded firearm in public. If one is caught carrying an unloaded handgun in a public place, a $1,000 fine or a year in prison is possible. The law does not apply to rifles, curiously, so it is likely gun-rights activists may protest this new law by carrying their rifles in public in a very visible manner.
Dextromethorphan sales to minors. Certain cold medications that contain dextromethorphan, if taken in high doses, can cause liver failure, hallucinations, loss of motor control and even seizures. For decades, kids have taken such over-the-counter medications to have an "out of body" experience. Now, store clerks are required to check ID's of those who attempt to buy certain medications containing dextromethorphan. California is the first law to impose such a requirement.
Caffeinated beer banned. California has become the seventh state to ban such products. Usually, such products come in 24 ounce and even 32 ounce cans and were popular with college age kids. There have been a few heavily reported incidents where college kids drank too much of such drinks and were hospitalized.
Tanning beds. It is illegal for anyone younger than eighteen to use a tanning bed. Prior to today, anyone between the ages of fifteen and seventeen could use a tanning bed with their parent's permission, while there was an absolute ban on any tanning bed use by one fourteen and under. Now that ban extends to anyone under the age of eighteen.
Police now cannot impound a vehicle at a DUI checkpoint if the driver's only offense is being an unlicensed driver. This may eliminate what our office has suspected for some time – that certain police departments have used DUI checkpoints as a net to impound vehicles for almost any offense.
Employers cannot use credit reports when considering applicants for most jobs. Certain exceptions still apply to use such reports, i.e. employers searching for managers, financial jobs, law enforcement.
There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.
Testimony by a jailhouse informant is no longer enough to convict a suspect. Supposed jailhouse confessions have long been suspicious to us, as the informant may have significant credibility issues, ulterior motives and always seemed inherently untrustworthy to us. This is a good new law.
Juror texting, tweeting or research using smartphones. There will now be a new jury instruction admonishing jurors not to text, tweet or research cases at all. The jury will be told to only consider the facts presented to them and the law told to them in court without doing their own research or communicating outside the jury room.
Unpaid traffic ticket amnesty. Folks who have traffic tickets with fines that were due by January 1, 2009, will be allowed to pay just half the fine if they do so before June 30, 2012.
Booster seats. It is now the law that all children under eight or four feet, nine inches tall must be buckled into a booster seat. Previously, the law was that every kid had to use such a seat until age six or reached sixty pounds. It merits mention that as a parent of three kids around these ages and weights, I think this is a good law. Booster seats allow the seatbelt to better fit to the child.
Carrying an unloaded firearm in public. If one is caught carrying an unloaded handgun in a public place, a $1,000 fine or a year in prison is possible. The law does not apply to rifles, curiously, so it is likely gun-rights activists may protest this new law by carrying their rifles in public in a very visible manner.
Dextromethorphan sales to minors. Certain cold medications that contain dextromethorphan, if taken in high doses, can cause liver failure, hallucinations, loss of motor control and even seizures. For decades, kids have taken such over-the-counter medications to have an "out of body" experience. Now, store clerks are required to check ID's of those who attempt to buy certain medications containing dextromethorphan. California is the first law to impose such a requirement.
Caffeinated beer banned. California has become the seventh state to ban such products. Usually, such products come in 24 ounce and even 32 ounce cans and were popular with college age kids. There have been a few heavily reported incidents where college kids drank too much of such drinks and were hospitalized.
Tanning beds. It is illegal for anyone younger than eighteen to use a tanning bed. Prior to today, anyone between the ages of fifteen and seventeen could use a tanning bed with their parent's permission, while there was an absolute ban on any tanning bed use by one fourteen and under. Now that ban extends to anyone under the age of eighteen.
Police now cannot impound a vehicle at a DUI checkpoint if the driver's only offense is being an unlicensed driver. This may eliminate what our office has suspected for some time – that certain police departments have used DUI checkpoints as a net to impound vehicles for almost any offense.
Employers cannot use credit reports when considering applicants for most jobs. Certain exceptions still apply to use such reports, i.e. employers searching for managers, financial jobs, law enforcement.
3/13/2012
Audio Recording Laws in the US
With so much great technology on the market these days, it is easier to record conversations than ever before, either over a land line, on a mobile phone or even in-person with a hidden recording device.
Recorded conversations (either tape or digital) are often very helpful in a variety of scenarios. These audio recordings may assist in an investigation of employee misconduct or in business or personal lawsuits, even in potential criminal investigations.
It is very important, however, to make sure that any recording, either of a phone conversation or an in-person conversation, complies with federal and state laws. Otherwise, you may very well open yourself up to criminal charges or civil suits. And it is unlikely that you will be legally able to use the recording for your original purpose.
So, if you're thinking about recording some phone calls or placing a voice activated recorder in a room to record conversations, you'll need to take a look at the applicable laws.
The first place to look is at the federal wiretapping statute, also known as the Electronic Communications Privacy Act. Federal law allows phone calls (traditional, cellular and cordless) and other electronic communication to be recorded with the consent of at least one party to the conversation.
This means that if you are one of the people taking part in the conversation, it can be recorded because one person (you) has consented to the recording. If you are not taking part in the conversation, at least one of the people in the conversation must know about and consent to the recording.
You can't stop, however, after considering federal law and assume that your recording passes muster. Each state and territory has its own statutes regarding the recording of conversations. Most state wiretapping and eavesdropping laws are based upon the federal law and allow recording with the consent of one party to the conversation.
The 37 states which allow one party consent recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.
The District of Columbia also allows people to record conversations with the consent of only one party. Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts. It could be considered an all party consent state.
The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.
In California, there is an exception. You can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.
So, the basic rule is that it is illegal to record conversations or communications in which you are not a participant, unless you have consent of at least one, if not all, of the participants.
The obvious exception to this general rule is that law enforcement officials can seek permission from a court to perform no-consent wiretaps as part of a criminal investigation. For the finer points of your own states laws and requirements, you should always consult with an attorney.
Recorded conversations (either tape or digital) are often very helpful in a variety of scenarios. These audio recordings may assist in an investigation of employee misconduct or in business or personal lawsuits, even in potential criminal investigations.
It is very important, however, to make sure that any recording, either of a phone conversation or an in-person conversation, complies with federal and state laws. Otherwise, you may very well open yourself up to criminal charges or civil suits. And it is unlikely that you will be legally able to use the recording for your original purpose.
So, if you're thinking about recording some phone calls or placing a voice activated recorder in a room to record conversations, you'll need to take a look at the applicable laws.
The first place to look is at the federal wiretapping statute, also known as the Electronic Communications Privacy Act. Federal law allows phone calls (traditional, cellular and cordless) and other electronic communication to be recorded with the consent of at least one party to the conversation.
This means that if you are one of the people taking part in the conversation, it can be recorded because one person (you) has consented to the recording. If you are not taking part in the conversation, at least one of the people in the conversation must know about and consent to the recording.
You can't stop, however, after considering federal law and assume that your recording passes muster. Each state and territory has its own statutes regarding the recording of conversations. Most state wiretapping and eavesdropping laws are based upon the federal law and allow recording with the consent of one party to the conversation.
The 37 states which allow one party consent recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.
The District of Columbia also allows people to record conversations with the consent of only one party. Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts. It could be considered an all party consent state.
The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.
In California, there is an exception. You can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.
So, the basic rule is that it is illegal to record conversations or communications in which you are not a participant, unless you have consent of at least one, if not all, of the participants.
The obvious exception to this general rule is that law enforcement officials can seek permission from a court to perform no-consent wiretaps as part of a criminal investigation. For the finer points of your own states laws and requirements, you should always consult with an attorney.
3/11/2012
The United States "subprime" mortgage crisis is destroying the world economy
The United States "subprime" mortgage crisis is not only responsible for the economic turmoil in the USA, but it is also affecting the international market as well. In the mid 2000's there was a housing bubble and home sales peaked. To finance these houses people were using subprime mortgages, where they were combining a lot of debt into their house mortgage from other things, and then they were also using adjustable rate mortgages.
The loan incentives that where available for homebuyers increased, and it had become very easy for buyers to get approved for mortgages that they couldn't afford without regulation.
Immediately after the housing bubble the interest rates on the adjustable rate mortgages began to rise, and the value of property was falling. The homeowners where then in high interest loans that they couldn't pay, and they owed more than the home that they had purchased was worth. As the number of delinquent mortgages and foreclosures began to increase rapidly, foreign investors began to shy away from U.S. properties and financial institutions. Worldwide investors stopped purchasing securities like the mortgage backed debts, and they became concerned about the American economy. This caused financial strife all around the world.
With the American economy going down countries all around the world began compressing their credit to avoid the same financial crisis, and production in Europe and the United States slowed down dramatically. With less production less money is being generated, jobs are being lost, and the problem only continues to grow. Large companies have been bailed out financially and markets have crashed, and there still may be worse up ahead for the USA. Not only are many countries in a financial crisis but it has become very difficult to get a loan of any kind in the United States, and the process is thorough and tedious.
Bad mortgage decisions that were allowed by United States financial institutions have created the financial problems that America and the world is facing today. The economy is still struggling while Americans continue to lose their homes, jobs, and markets continue to fall.
Countries that bought into the American securitized loans are also paying the price as they don't receive their trillions of dollars that are owed, and their people are now suffering financially. The American housing bubble has created turmoil for not only themselves but also the entire world, and the quicker a new budget and solution is found the better. Unfortunately, some financial institutions are profiting from this because of, among other things, lack of regulation.
The loan incentives that where available for homebuyers increased, and it had become very easy for buyers to get approved for mortgages that they couldn't afford without regulation.
Immediately after the housing bubble the interest rates on the adjustable rate mortgages began to rise, and the value of property was falling. The homeowners where then in high interest loans that they couldn't pay, and they owed more than the home that they had purchased was worth. As the number of delinquent mortgages and foreclosures began to increase rapidly, foreign investors began to shy away from U.S. properties and financial institutions. Worldwide investors stopped purchasing securities like the mortgage backed debts, and they became concerned about the American economy. This caused financial strife all around the world.
With the American economy going down countries all around the world began compressing their credit to avoid the same financial crisis, and production in Europe and the United States slowed down dramatically. With less production less money is being generated, jobs are being lost, and the problem only continues to grow. Large companies have been bailed out financially and markets have crashed, and there still may be worse up ahead for the USA. Not only are many countries in a financial crisis but it has become very difficult to get a loan of any kind in the United States, and the process is thorough and tedious.
Bad mortgage decisions that were allowed by United States financial institutions have created the financial problems that America and the world is facing today. The economy is still struggling while Americans continue to lose their homes, jobs, and markets continue to fall.
Countries that bought into the American securitized loans are also paying the price as they don't receive their trillions of dollars that are owed, and their people are now suffering financially. The American housing bubble has created turmoil for not only themselves but also the entire world, and the quicker a new budget and solution is found the better. Unfortunately, some financial institutions are profiting from this because of, among other things, lack of regulation.
Second Probation Violation Hearing Improper After First Hearing Ended
A common situation our clients on probation face is being arrested for a new offense. They often remark that they are just unlucky. The client then faces not only a new criminal case, but a probation violation case that could land the client in jail or prison for significant time. This is especially so because the burden of proof is lower for a probation violation.
When the new case is a felony, judges often propose that the probation violation hearing and the new case's preliminary hearing be held at the same time.
In Myesha Quarterman's case, she was placed on felony probation in 2008 for various theft-related offenses (identity theft (Penal Code § 530.5), receiving stolen property (Penal Code § 496(a)) and four counts of commercial burglary (Penal Code § 459)). She was then arrested in 2010 for pawning a camera and camera accessories, allegedly with knowledge that the items were stolen. She was charged with receiving stolen property (a felony) and violating her probation.
At a joint preliminary hearing on the new charges and a probation violation hearing, a Solano County judge held Quarterman to answer on the new charges, but declined to sustain the probation violation. At the hearing, only a police officer testified and the court found that for probation violation purposes, the People failed to present evidence that the property Quarterman tried to pawn was stolen.
Ads by Google
The prosecutor then re-alleged a probation violation and successfully asked for a different judge to hear the case. Quarterman's attorney strenuously argued that collateral estoppel barred the second probation violation case, but the new judge allowed the case to proceed. This second time, the district attorney had the camera owner and the pawn shop owner testify and the probation violation was sustained.
Quarterman then appealed the ruling to the First Appellate District, arguing that the People already failed on a fully litigated probation violation so collateral estoppel prevented such an identical, second attempt.
The First Appellate District (in People v. Myesha Marie Quarterman (2012 DJDAR 987) agreed with Quarterman. The First Appellate District court noted that collateral estoppel is one of two parts of res judicata (Latin for "already decided") wherein due process prevents an issue necessarily decided and conclusively decided from being relitigated in a subsequent proceeding. The Court also commented that collateral estoppel applies in criminal proceedings independent of double jeopardy principles (collateral estoppel is not the same as double jeopardy).
The Court then turned to the prior probation violation hearing and evaluated the issues decided and whether they were the same in the second probation violation hearing. The Court determined that the identical issue was decided in each proceeding, that is, "whether the defendant's conduct demonstrates that the leniency extended by the grant of probation remains justified." The Court also made it certain that the prosecution had the opportunity to present their entire case at the prior proceeding, but did not do so (by not calling the necessary, live witnesses) and that the witnesses were not unavailable at the earlier proceeding.
The Court further stated that the first hearing did conclude – i.e. the People did not request a continuance or move to dismiss the probation violation petition without prejudice to allow a later petition.
The People argued that since double jeopardy does not apply to a probation violation hearing, collateral estoppel cannot apply either. The Court disagreed with this, explaining that collateral estoppel is always an issue, as it applies to every civil and criminal proceeding.
Accordingly, the First Appellate District reversed the order revoking probation for Ms. Quarterman.
When the new case is a felony, judges often propose that the probation violation hearing and the new case's preliminary hearing be held at the same time.
In Myesha Quarterman's case, she was placed on felony probation in 2008 for various theft-related offenses (identity theft (Penal Code § 530.5), receiving stolen property (Penal Code § 496(a)) and four counts of commercial burglary (Penal Code § 459)). She was then arrested in 2010 for pawning a camera and camera accessories, allegedly with knowledge that the items were stolen. She was charged with receiving stolen property (a felony) and violating her probation.
At a joint preliminary hearing on the new charges and a probation violation hearing, a Solano County judge held Quarterman to answer on the new charges, but declined to sustain the probation violation. At the hearing, only a police officer testified and the court found that for probation violation purposes, the People failed to present evidence that the property Quarterman tried to pawn was stolen.
Ads by Google
The prosecutor then re-alleged a probation violation and successfully asked for a different judge to hear the case. Quarterman's attorney strenuously argued that collateral estoppel barred the second probation violation case, but the new judge allowed the case to proceed. This second time, the district attorney had the camera owner and the pawn shop owner testify and the probation violation was sustained.
Quarterman then appealed the ruling to the First Appellate District, arguing that the People already failed on a fully litigated probation violation so collateral estoppel prevented such an identical, second attempt.
The First Appellate District (in People v. Myesha Marie Quarterman (2012 DJDAR 987) agreed with Quarterman. The First Appellate District court noted that collateral estoppel is one of two parts of res judicata (Latin for "already decided") wherein due process prevents an issue necessarily decided and conclusively decided from being relitigated in a subsequent proceeding. The Court also commented that collateral estoppel applies in criminal proceedings independent of double jeopardy principles (collateral estoppel is not the same as double jeopardy).
The Court then turned to the prior probation violation hearing and evaluated the issues decided and whether they were the same in the second probation violation hearing. The Court determined that the identical issue was decided in each proceeding, that is, "whether the defendant's conduct demonstrates that the leniency extended by the grant of probation remains justified." The Court also made it certain that the prosecution had the opportunity to present their entire case at the prior proceeding, but did not do so (by not calling the necessary, live witnesses) and that the witnesses were not unavailable at the earlier proceeding.
The Court further stated that the first hearing did conclude – i.e. the People did not request a continuance or move to dismiss the probation violation petition without prejudice to allow a later petition.
The People argued that since double jeopardy does not apply to a probation violation hearing, collateral estoppel cannot apply either. The Court disagreed with this, explaining that collateral estoppel is always an issue, as it applies to every civil and criminal proceeding.
Accordingly, the First Appellate District reversed the order revoking probation for Ms. Quarterman.
3/10/2012
Two Most Annoying Factors of College Papers Assignments
College papers are like a nightmare for most of the students;undoubtedly they bring a lot of hassle and dilemma in young learner's life. No matter how busy or idle you are, whenever you get an assignment or term papers,you suddenly start feeling perplexed. It is the nature of this assignment that they always bring something new and something difficult. Apparently,they are the part of your course and a compulsory exercise that has to be done but the specialty of this task is its innovative and unique topics and hard to digest set of instructions.
They can not be compared with other home assignments or formal exams, they have a sort of uniqueness as they require sufficient amount of dedication, commitment and hard work not just physically but mentally as well. They can not perceive as a piece of cake,college papers writing is something that must be considered as the most demanding task otherwise you can not end up with an exclusive kind of study.
To achieve more, it is important to take every task seriously although most of the times students get annoyed of these consecutive writing tasks but the most sensible solution of this dilemma is to take them as a challenge and consider them a mean to enhance your capabilities. But it doesn't mean to allow the related anxiety to take over your nerves or let them occupy your mind like a ghost and keep frightening you until you don't complete it.
Usually, students have the liberty to choose the topic for their college papers;it can be perceived as a blessing because when instructors assign topics for these papers, they are like out of this world, totally unfamiliar and new for a student. They seemingly look like alien but actually they are the components of your course but twisted in a manner that it seems like a new one or rather the most complex one. If your professors give you the chance to select a theme of your own choice,take it as a lucky thing.Another important thing is the given guidelines or set of instructions,that are like impossible to act upon.
These instructions provide a writing plan for a writer that what type of sources should be used, citation style, number of pages or words or timeline for the assignment. Usually,students don't give appropriate attentions to this document and sometimes by doing so; their whole efforts become failed in the end because of not following the certain code of conduct. It is a recognized fact that college papers tasks are not very easy to achieve, they really need enormous concentration and dedication and also sufficient amount of relevant and current information but they are not impossible to achieve.
Students are expected to accomplish them successfully because writing exercises are always being very beneficial for intellectual enhancement. College learners must understand their responsibilities although they are bit tricky and complicated but in this life nothing can be achieved without hard work and consistent struggle.
They can not be compared with other home assignments or formal exams, they have a sort of uniqueness as they require sufficient amount of dedication, commitment and hard work not just physically but mentally as well. They can not perceive as a piece of cake,college papers writing is something that must be considered as the most demanding task otherwise you can not end up with an exclusive kind of study.
To achieve more, it is important to take every task seriously although most of the times students get annoyed of these consecutive writing tasks but the most sensible solution of this dilemma is to take them as a challenge and consider them a mean to enhance your capabilities. But it doesn't mean to allow the related anxiety to take over your nerves or let them occupy your mind like a ghost and keep frightening you until you don't complete it.
Usually, students have the liberty to choose the topic for their college papers;it can be perceived as a blessing because when instructors assign topics for these papers, they are like out of this world, totally unfamiliar and new for a student. They seemingly look like alien but actually they are the components of your course but twisted in a manner that it seems like a new one or rather the most complex one. If your professors give you the chance to select a theme of your own choice,take it as a lucky thing.Another important thing is the given guidelines or set of instructions,that are like impossible to act upon.
These instructions provide a writing plan for a writer that what type of sources should be used, citation style, number of pages or words or timeline for the assignment. Usually,students don't give appropriate attentions to this document and sometimes by doing so; their whole efforts become failed in the end because of not following the certain code of conduct. It is a recognized fact that college papers tasks are not very easy to achieve, they really need enormous concentration and dedication and also sufficient amount of relevant and current information but they are not impossible to achieve.
Students are expected to accomplish them successfully because writing exercises are always being very beneficial for intellectual enhancement. College learners must understand their responsibilities although they are bit tricky and complicated but in this life nothing can be achieved without hard work and consistent struggle.
3/09/2012
What to Do if you are Sued ?
This brief memorandum is being sent out to new attorneys and their clients to help them when they are being sued. Please feel free to continue to send us your questions by email to: paulchenglaw@aol.com.
When one is sued understand that time is of the essence. It is imperative that one take a multi-prong approach to a lawsuit. Failing to do so may be irreversibly fatal. Take a moment to read the following practical steps.
1. Get Organized to Reduce Attorney Fees
It amazes me how our firm is asked to defend some high profiled companies and yet when we ask for their documents, they are disjoint or dysfunctional. It is imperative that every client be aware of all documents that are given to their attorney and what they mean. If an attorney has to figure out what every document means and the relevance of such document, it will increase the costs to litigate the case. To reduce attorney fees follow the easy solution below
Solution: Gather all your documents together. On an excel spreadsheet have five columns. On the first column write down numbers (i.e. 1-100). On column two write down the date of when the document was created. On column three write down the name of the document. On column four you will write down a summary of what it is about. Column five will have written what this document shows or how it is important to your case. An example of this is below. You will then include the index with all your documentation to your attorney. Will this take some time to put together? Maybe, but what it will do is allow your attorneys to do what you have paid them to do, practice law, not do your secretarial work.
Example:
Exhibit Date Name of Doc Summary This Doc Shows
1 3/4/06 Letter to Employee Letter that our office wrote to employee stating that he should not be using company time for internet surfing Shows that we gave him notice before termination
Ads by Google
2. Lost Documents = Lost Cases
The average individual cannot fathom the amount of documentation necessary to properly defend a client. One case will usually require a minimum of 1000 various documents, references, citations, etc. Documents are frequently transported from one attorney to another, from the office to the court, from the court and back. Computer crashes are becoming more and more common. What that means for any client is that the possibility of misplaced or accidentally deleted documents substantially increases.
The reality is that many times when documents are lost (either by the firm or courts) attorneys may be too scared to tell their clients for fear of client dissatisfaction or discord. This might be the fatal blow to a promising defense in your case.
Solution: Borrow, buy or go to a copy source to photocopy or scan all documents given to your attorney. I recommend scanning them and putting the documents onto a flash drive that one can wear around the neck. (A flash drive can be had for less than $25 in most stores) Let your attorney know that you have the documents available and that if he/she needs them they can get them from you. Always support them when they need documentation.
3. Stop Your Attorney From Lying to You
Attorneys, believe it or not, are human too. They lose focus, they get scared, and they lie when they are faced with a situation that deserves immediate answers. A typical scenario for many attorneys is this. An attorney receives a call from a perspective or current client. The person on the phone expects from a five minute phone call to know whether they have a good case and what they can get, or how a defense of the case will occur. An analogy I use is this.
One would never go to a physician and ask whether he/she needed brain surgery when their head has been hurting for one week. However, it seems, for better or worse, society perceives the practice of law as simplistic. It is so easy in fact that one can get competent legal advice within a five minute phone call. This is faulty thinking and results in many clients retaining attorneys that are not qualified for their case although they may be good salesmen.
Solution: Take three pieces of paper. On the first piece of paper write down what happened. On the second page write down what you want. On the third page write down what the other side will say in response to what you believe to be the facts and what you want. A quick example would be this. In a family law case for change of child custody you would put on the first page what has happened in your relationship. Maybe the other spouse has not been active in your child's relationship.
On the second page you would write what you want (i.e. "I want 100% custody of my child and the other spouse to attend counseling"). The third page you would write what the other side would say. (i.e. "The other parent will say that he/she has been a part of the child's life and I have prevented him/her from seeing my child").
You are now ready to get competent legal advice. You can fax, email, or snail mail the document to your attorney. Your prospective attorney will do one of three things. They will not respond. That is wonderful; you did not want someone that fails to respond to you anyway. Two, they will refer you to someone else they believe is qualified for your case. That is great, the more professionals you have the better. Three, the attorney will research the case for you (if just to become competent) and respond to you. You have now received what you want, competent legal advice.
When one is sued understand that time is of the essence. It is imperative that one take a multi-prong approach to a lawsuit. Failing to do so may be irreversibly fatal. Take a moment to read the following practical steps.
1. Get Organized to Reduce Attorney Fees
It amazes me how our firm is asked to defend some high profiled companies and yet when we ask for their documents, they are disjoint or dysfunctional. It is imperative that every client be aware of all documents that are given to their attorney and what they mean. If an attorney has to figure out what every document means and the relevance of such document, it will increase the costs to litigate the case. To reduce attorney fees follow the easy solution below
Solution: Gather all your documents together. On an excel spreadsheet have five columns. On the first column write down numbers (i.e. 1-100). On column two write down the date of when the document was created. On column three write down the name of the document. On column four you will write down a summary of what it is about. Column five will have written what this document shows or how it is important to your case. An example of this is below. You will then include the index with all your documentation to your attorney. Will this take some time to put together? Maybe, but what it will do is allow your attorneys to do what you have paid them to do, practice law, not do your secretarial work.
Example:
Exhibit Date Name of Doc Summary This Doc Shows
1 3/4/06 Letter to Employee Letter that our office wrote to employee stating that he should not be using company time for internet surfing Shows that we gave him notice before termination
Ads by Google
2. Lost Documents = Lost Cases
The average individual cannot fathom the amount of documentation necessary to properly defend a client. One case will usually require a minimum of 1000 various documents, references, citations, etc. Documents are frequently transported from one attorney to another, from the office to the court, from the court and back. Computer crashes are becoming more and more common. What that means for any client is that the possibility of misplaced or accidentally deleted documents substantially increases.
The reality is that many times when documents are lost (either by the firm or courts) attorneys may be too scared to tell their clients for fear of client dissatisfaction or discord. This might be the fatal blow to a promising defense in your case.
Solution: Borrow, buy or go to a copy source to photocopy or scan all documents given to your attorney. I recommend scanning them and putting the documents onto a flash drive that one can wear around the neck. (A flash drive can be had for less than $25 in most stores) Let your attorney know that you have the documents available and that if he/she needs them they can get them from you. Always support them when they need documentation.
3. Stop Your Attorney From Lying to You
Attorneys, believe it or not, are human too. They lose focus, they get scared, and they lie when they are faced with a situation that deserves immediate answers. A typical scenario for many attorneys is this. An attorney receives a call from a perspective or current client. The person on the phone expects from a five minute phone call to know whether they have a good case and what they can get, or how a defense of the case will occur. An analogy I use is this.
One would never go to a physician and ask whether he/she needed brain surgery when their head has been hurting for one week. However, it seems, for better or worse, society perceives the practice of law as simplistic. It is so easy in fact that one can get competent legal advice within a five minute phone call. This is faulty thinking and results in many clients retaining attorneys that are not qualified for their case although they may be good salesmen.
Solution: Take three pieces of paper. On the first piece of paper write down what happened. On the second page write down what you want. On the third page write down what the other side will say in response to what you believe to be the facts and what you want. A quick example would be this. In a family law case for change of child custody you would put on the first page what has happened in your relationship. Maybe the other spouse has not been active in your child's relationship.
On the second page you would write what you want (i.e. "I want 100% custody of my child and the other spouse to attend counseling"). The third page you would write what the other side would say. (i.e. "The other parent will say that he/she has been a part of the child's life and I have prevented him/her from seeing my child").
You are now ready to get competent legal advice. You can fax, email, or snail mail the document to your attorney. Your prospective attorney will do one of three things. They will not respond. That is wonderful; you did not want someone that fails to respond to you anyway. Two, they will refer you to someone else they believe is qualified for your case. That is great, the more professionals you have the better. Three, the attorney will research the case for you (if just to become competent) and respond to you. You have now received what you want, competent legal advice.
3/08/2012
Criminal Liability for Animal Cruelty Was Vague Until Now
Under California Penal Code § 597, one can be charged with either felony or misdemeanor animal cruelty or neglect. There is no standard jury instruction on this offense, so in each trial, counsel must devise their own instruction, which can lead to confusion. No where was this epitomized more clearly than in the case of Manuchehr Rizati.
Rizati housed more than ninety animals at his San Diego area home. There were dogs, birds, guinea pigs, rabbits, chickens and ducks. In 2008, the County of San Diego Department of Animal Control received many complaints about the condition of the animals and consequently, made several visits to the home.
Animal Control gave Rizati multiple notices to correct conditions regarding the violations concerning the animals, including inadequate food, water, ventilation and sanitation. He then failed to rectify the conditions, Animal Control seized the many animals and Rizati was charged with two felony counts of animal neglect, as well as four misdemeanor counts of animal neglect.
At trial, the big issue was how to instruct the jury on whether Rizati's conduct violated Penal Code § 597(b). Rizati's counsel argued for a jury instruction that said liability may be imposed on a person:
Ads by Google
. . . who has custody of, or is responsible for providing care to, an
animal and commits an act or omission that recklessly causes a high
degree of risk of death or great bodily injury to an animal.
The prosecutor argued against such a high standard, but the trial court agreed with Rizati and so instructed the jury. The jury then convicted Rizati of all six counts. Rizati then appealed, arguing the jury instruction he requested misstated the law.
The Fourth Appellate District, in People v. Rizati (2011 DJDAR 6818) quickly dispatched with Rizati's appeal. First, they cited to the doctrine of invited error, pointing out that Rizati's appeal was based upon a standard of the law he requested, so he invited the error of which he now complains. Second, the Court of Appeal found that the jury instruction was a correct statement of the law.
Third, the Court of Appeal found that there was sufficient evidence to convict Rizati on each count. The Court described how evidence showed the German Shepherd's tail had no hair, indicating malnutrition and exposure to dirty conditions. It also had scars on both ears from fly bites resulting from poor sanitation. Another dog, a Chow Chow, had a green nasal discharge and was very underweight. Tapeworms were also seen in the stool of the puppies at the home.
The Court went on, noting that the guinea pigs were housed without a sipper bottle and no place to hide in their cages. The rabbits had abscesses over their backs from fighting with other rabbits in overcrowded cages. The duck was covered in feces. Many of the birds were in cages on top of each other, allowing the birds in the upper cages to urinate and defecate onto the birds in the lower cages and into their food bowls.
In short, there was more than enough evidence to convict Rizati, so the Court of Appeal affirmed the conviction.
Rizati housed more than ninety animals at his San Diego area home. There were dogs, birds, guinea pigs, rabbits, chickens and ducks. In 2008, the County of San Diego Department of Animal Control received many complaints about the condition of the animals and consequently, made several visits to the home.
Animal Control gave Rizati multiple notices to correct conditions regarding the violations concerning the animals, including inadequate food, water, ventilation and sanitation. He then failed to rectify the conditions, Animal Control seized the many animals and Rizati was charged with two felony counts of animal neglect, as well as four misdemeanor counts of animal neglect.
At trial, the big issue was how to instruct the jury on whether Rizati's conduct violated Penal Code § 597(b). Rizati's counsel argued for a jury instruction that said liability may be imposed on a person:
Ads by Google
. . . who has custody of, or is responsible for providing care to, an
animal and commits an act or omission that recklessly causes a high
degree of risk of death or great bodily injury to an animal.
The prosecutor argued against such a high standard, but the trial court agreed with Rizati and so instructed the jury. The jury then convicted Rizati of all six counts. Rizati then appealed, arguing the jury instruction he requested misstated the law.
The Fourth Appellate District, in People v. Rizati (2011 DJDAR 6818) quickly dispatched with Rizati's appeal. First, they cited to the doctrine of invited error, pointing out that Rizati's appeal was based upon a standard of the law he requested, so he invited the error of which he now complains. Second, the Court of Appeal found that the jury instruction was a correct statement of the law.
Third, the Court of Appeal found that there was sufficient evidence to convict Rizati on each count. The Court described how evidence showed the German Shepherd's tail had no hair, indicating malnutrition and exposure to dirty conditions. It also had scars on both ears from fly bites resulting from poor sanitation. Another dog, a Chow Chow, had a green nasal discharge and was very underweight. Tapeworms were also seen in the stool of the puppies at the home.
The Court went on, noting that the guinea pigs were housed without a sipper bottle and no place to hide in their cages. The rabbits had abscesses over their backs from fighting with other rabbits in overcrowded cages. The duck was covered in feces. Many of the birds were in cages on top of each other, allowing the birds in the upper cages to urinate and defecate onto the birds in the lower cages and into their food bowls.
In short, there was more than enough evidence to convict Rizati, so the Court of Appeal affirmed the conviction.
3/07/2012
Forcible Rape Defense; False Accusations in Relationship and Date Rape Cases
Forcible rape and attempted forcible rape between people who know each other, either casually or well, make up a sizeable percentage of the false accusations in the criminal justice system. The cry of rape or abuse is a familiar cry when a relationship goes sour or when a woman has second thoughts after a night of sex or near intimacy. While there are certainly legitimate claims of rape and attempted rape in the world, from the defendant's perspective there are good reasons to view each claim with skepticism. Relationship rapes and date rapes are closely related and the techniques to defend each are similar.
The reasons for the accusations vary as do the situation, the character and personality of the alleged victim. In the system you see questionable accusations when dating or love relationships go sour and the woman is being rejected or being thrown aside for another woman. Sometimes in more casual dating the woman makes an accusation after having too much alcohol and engaging in sex. The morning after they realize what they have done and an accusation follows to protect their pride, cover their embarrassment, or justify a situation to their boyfriend or significant other.
Sometimes in younger women the issue of sex is still very delicate and the accusation comes after giving in and realizing afterwards what they have done does not sit well with their present psyche. Again, many times alcohol is a factor.
Sometimes the mental stability of the alleged victim is a major factor in making an accusation. All experienced rape defense lawyers have seen the young man who falls for a beautiful but unstable young woman and ends up getting accused when they break up or go farther than the woman's mental state will allow.
And, quite frankly, men are often too driven by their sexual desires to be careful in their judgments about who they attempt to bed. Men view sex entirely different than women for the most part. Men are very capable of enjoying sex and not thinking anything about it afterwards except for how much fun they had. Women may claim that is how they feel but the facts of these accusations show they have a much harder time accepting it as such a meaningless act of pleasure. It is in these instances that false accusations arise.
Ads by Google
Also, often times "no means no" to a woman. A man can easily interpret "no" as "yes." He thinks she is just trying to show that she is not easy. Unfortunately, the trend in most states is that when a woman says no it means that consent to proceed has been withdrawn, even in the throes of great passion.
In a rape defense it is important for the lawyer to understand all of the circumstances of the relationship or the situation. A detailed minute by minute account is necessary to understand whether the rules have been broken. Many times if there is simply a misreading of signals, the benefit of the doubt will be given to the defendant. Most jurors have been in multiple sexual and intimate situations and they can understand mixed signals.
The more you can show that the woman gave off all of the signals of a willing participant, the better your chances of success. The witnesses to her earlier drinking and provocative conduct can provide good evidence that the defendant thought she was desirous of consensual sex. While most states' "rape shield" laws go far in protecting the history of the alleged victim, your lawyer should find out as much as they can about the alleged victim's history. Due Process requires you to be able to defend yourself and a good lawyer can usually find information that is admissible that sheds light on her character.
The defendant's character for not being sexually aggressive can be important. It is admissible evidence to show that you are not sexually aggressive. Prior girlfriends, female friends and co-workers, and friendly ex-spouses can be a good source for this evidence.
Your attorney must be prepared to contest the medical evidence if the alleged victim went to a hospital or a sexual assault response team. The current trend is for these medical personnel to testify that the alleged victims had physical injury to their vaginal area. What is usually found are microscopic abrasions that are a result of the friction of intercourse. Sometimes the prosecution's medical personnel try to say these micro-abrasions are inconsistent with consensual sex.
The research shows that micro-abrasions don't mean anything negative. They are as consistent with consensual sex as well as anything else. Your lawyer must be prepared to cross-examine these alleged experts aggressively. Your lawyer should also have a counter-expert ready to testify to the opposite of the prosecution's expert.
Date rape accusations aren't just limited to younger people. It happens throughout the age spectrum where single men go out with women of questionable stability.
If the accusation comes out of a relationship breakup, look carefully at the mental history of the alleged victim. Many times young men fall in love with very defective young women. A symptom of certain personality disorders seen in young women are the inability to handle rejection. A person they once idealized quickly becomes their archenemy and subject to false accusations of rape. If your jurisdiction allows, your lawyer should get a psychological evaluation of the alleged victim. If your jurisdiction doesn't allow it, you should investigate her history thoroughly. With a psychologist to guide your efforts, you will probably find evidence to support your theory.
As part of your investigation, look for prior instances of credibility problems on the part of the alleged victim. Check her job history and try to find her former boyfriends. Chances are you will find a history of lying and deception.
In any rape or attempted rape accusation you must find the motive of the alleged victim to lie. These cases of false accusations can be defended successfully, but you must find the motive. It is the key to the jury understanding why the young lady would go so far as to make such a serious false accusation of rape against you.
The reasons for the accusations vary as do the situation, the character and personality of the alleged victim. In the system you see questionable accusations when dating or love relationships go sour and the woman is being rejected or being thrown aside for another woman. Sometimes in more casual dating the woman makes an accusation after having too much alcohol and engaging in sex. The morning after they realize what they have done and an accusation follows to protect their pride, cover their embarrassment, or justify a situation to their boyfriend or significant other.
Sometimes in younger women the issue of sex is still very delicate and the accusation comes after giving in and realizing afterwards what they have done does not sit well with their present psyche. Again, many times alcohol is a factor.
Sometimes the mental stability of the alleged victim is a major factor in making an accusation. All experienced rape defense lawyers have seen the young man who falls for a beautiful but unstable young woman and ends up getting accused when they break up or go farther than the woman's mental state will allow.
And, quite frankly, men are often too driven by their sexual desires to be careful in their judgments about who they attempt to bed. Men view sex entirely different than women for the most part. Men are very capable of enjoying sex and not thinking anything about it afterwards except for how much fun they had. Women may claim that is how they feel but the facts of these accusations show they have a much harder time accepting it as such a meaningless act of pleasure. It is in these instances that false accusations arise.
Ads by Google
Also, often times "no means no" to a woman. A man can easily interpret "no" as "yes." He thinks she is just trying to show that she is not easy. Unfortunately, the trend in most states is that when a woman says no it means that consent to proceed has been withdrawn, even in the throes of great passion.
In a rape defense it is important for the lawyer to understand all of the circumstances of the relationship or the situation. A detailed minute by minute account is necessary to understand whether the rules have been broken. Many times if there is simply a misreading of signals, the benefit of the doubt will be given to the defendant. Most jurors have been in multiple sexual and intimate situations and they can understand mixed signals.
The more you can show that the woman gave off all of the signals of a willing participant, the better your chances of success. The witnesses to her earlier drinking and provocative conduct can provide good evidence that the defendant thought she was desirous of consensual sex. While most states' "rape shield" laws go far in protecting the history of the alleged victim, your lawyer should find out as much as they can about the alleged victim's history. Due Process requires you to be able to defend yourself and a good lawyer can usually find information that is admissible that sheds light on her character.
The defendant's character for not being sexually aggressive can be important. It is admissible evidence to show that you are not sexually aggressive. Prior girlfriends, female friends and co-workers, and friendly ex-spouses can be a good source for this evidence.
Your attorney must be prepared to contest the medical evidence if the alleged victim went to a hospital or a sexual assault response team. The current trend is for these medical personnel to testify that the alleged victims had physical injury to their vaginal area. What is usually found are microscopic abrasions that are a result of the friction of intercourse. Sometimes the prosecution's medical personnel try to say these micro-abrasions are inconsistent with consensual sex.
The research shows that micro-abrasions don't mean anything negative. They are as consistent with consensual sex as well as anything else. Your lawyer must be prepared to cross-examine these alleged experts aggressively. Your lawyer should also have a counter-expert ready to testify to the opposite of the prosecution's expert.
Date rape accusations aren't just limited to younger people. It happens throughout the age spectrum where single men go out with women of questionable stability.
If the accusation comes out of a relationship breakup, look carefully at the mental history of the alleged victim. Many times young men fall in love with very defective young women. A symptom of certain personality disorders seen in young women are the inability to handle rejection. A person they once idealized quickly becomes their archenemy and subject to false accusations of rape. If your jurisdiction allows, your lawyer should get a psychological evaluation of the alleged victim. If your jurisdiction doesn't allow it, you should investigate her history thoroughly. With a psychologist to guide your efforts, you will probably find evidence to support your theory.
As part of your investigation, look for prior instances of credibility problems on the part of the alleged victim. Check her job history and try to find her former boyfriends. Chances are you will find a history of lying and deception.
In any rape or attempted rape accusation you must find the motive of the alleged victim to lie. These cases of false accusations can be defended successfully, but you must find the motive. It is the key to the jury understanding why the young lady would go so far as to make such a serious false accusation of rape against you.
3/06/2012
Comparison between Custom Thesis Writing and Self Writing
Differences between custom thesis writing and self writing are very evident and visible.Oppositions on both sides have convincing and solid arguments to support their views.You don't need to adopt judgmental approach and need to look into the matter with positive and neutral perception.It was a time when custom writing services didn't exist and students used to write their assignments by their own skills.
They were also at the edge of vulnerability that they felt quite helpless and didn't know what to do and what not to as they didn't have any assistance.But the day writing services came in sight everyone has diverted to this mean to get a well crafted term paper or to get already written paper proofread or edited. A faction of masses call these papers unethical and literary offense, teachers and professors are at the top of that list.Many academic institutions and their higher authorities have taken sufficient initiative to block this trend but as it has become a major trend of the era so it is not viable to entirely avoid them.
Custom writing services has become real popular all over the globe.Currently, people from all over the world are getting the services of these custom writing services.These services offer their assistance in every type of writing assignments articles, essays, case studies, research projects and even full fledge dissertations.
Dissertation or thesis writing is one of the most demanding jobs during the whole academic life. Students who are assigned to write a thesis or people who seek to conduct a doctoral research are very privileged that they are living in an age when they can submit a perfect and expert thesis without getting into its painful pursuance.But the alarming factor beside the comfort and ease provided by these services is students can not get the real essence of the knowledge that they could get by indulging in the whole research process.Custom thesis writing services can not make a student able to successfully win the viva and presentation phase.It can save the time and energies of a student but can not save their careers.
Self writing is far more difficult and hard to pursue but its outcomes are more positive than custom thesis writing services can get. Hired service can shoot your grades up and you might get a thing that you always expected.Thesis writing is obviously a tough and tiring job but it is the criterion of your degree,the thing is that these writing tasks are not the depiction of cruel intentions of your professors and course in charges but they have some valuable and enlightening impacts that students have to be aware of.
Academics have its own philosophy and conceptions of different practices and trends;thesis writing is considered to be the most illuminating factor of education system.This compulsory practice is now declining its authenticity and effectiveness because of the influencing notion of custom writing services.These literary assistance services are not that bad and terrible if they are only confine to help students not to make them lethargic and ignorant of their real goal.
They were also at the edge of vulnerability that they felt quite helpless and didn't know what to do and what not to as they didn't have any assistance.But the day writing services came in sight everyone has diverted to this mean to get a well crafted term paper or to get already written paper proofread or edited. A faction of masses call these papers unethical and literary offense, teachers and professors are at the top of that list.Many academic institutions and their higher authorities have taken sufficient initiative to block this trend but as it has become a major trend of the era so it is not viable to entirely avoid them.
Custom writing services has become real popular all over the globe.Currently, people from all over the world are getting the services of these custom writing services.These services offer their assistance in every type of writing assignments articles, essays, case studies, research projects and even full fledge dissertations.
Dissertation or thesis writing is one of the most demanding jobs during the whole academic life. Students who are assigned to write a thesis or people who seek to conduct a doctoral research are very privileged that they are living in an age when they can submit a perfect and expert thesis without getting into its painful pursuance.But the alarming factor beside the comfort and ease provided by these services is students can not get the real essence of the knowledge that they could get by indulging in the whole research process.Custom thesis writing services can not make a student able to successfully win the viva and presentation phase.It can save the time and energies of a student but can not save their careers.
Self writing is far more difficult and hard to pursue but its outcomes are more positive than custom thesis writing services can get. Hired service can shoot your grades up and you might get a thing that you always expected.Thesis writing is obviously a tough and tiring job but it is the criterion of your degree,the thing is that these writing tasks are not the depiction of cruel intentions of your professors and course in charges but they have some valuable and enlightening impacts that students have to be aware of.
Academics have its own philosophy and conceptions of different practices and trends;thesis writing is considered to be the most illuminating factor of education system.This compulsory practice is now declining its authenticity and effectiveness because of the influencing notion of custom writing services.These literary assistance services are not that bad and terrible if they are only confine to help students not to make them lethargic and ignorant of their real goal.
3/05/2012
Beware: Living With A Prostitute Can Be Illegal and Land You in Prison
InSolano County,California, Defendant Sean ali Grant was convicted of pimping under Penal Code § 266h(a), as well as assault with a deadly weapon (§ 245(a)(1), corporal injury to a cohabitant (§ 273.5(a)) and false imprisonment by violence (§ 236). He was sentenced to five years in state prison.
The criminal complaint alleged that Grant "did unlawfully and knowing a person to be a prostitute, live and derive support and maintenance in whole or in part from the earnings and proceeds of said person's prostitution." The prostitute was his girlfriend and housemate, Burgundi Selvin.
Grant challenged the conviction as unconstitutional because the statute criminalizes a person's Fourteenth Amendment substantive right to association by prohibiting cohabitation with a known prostitute. The real challenge was to Penal Code § 266 ("Pimping") because, Grant argued, it prohibited association regardless of whether the person knew the source of the funds or chose to perpetuate the prostitution.
The factual background framing the constitutional challenge seems to have doomed Grant. Grant met Selvin in 2007 and the two began an intimate dating relationship as boyfriend and girlfriend. At some point, Grant began taking pictures of Selvin and posting them on the Internet for Selvin's prostitution services. Neither Grant nor Selvin had jobs, but the two lived solely off Selvin's earnings.
Grant set up a special telephone line for Selvin's customers and would stay in the apartment where Selvin would perform services. He would then take the money customers left on a counter in the apartment and divide it with Selvin. He used some of the money to buy a laptop computer, which he limited Selvin's access to over time.
The First Appellate District, Division Three, in People v. Grant (2011 DJDAR 6458), quickly distinguished the Fourteenth Amendment right to association from the right Grant seemed to define very broadly. The Court pointed out that the substantive rights guaranteed under the Constitution concerned "marriage, procreation, contraception, family relationships, child rearing and education," but not a right to exploit commercial prostitution practiced by others.
As such, the Court said Grant had no right to derive monetary gain from another's illegal conduct. Going further, the Court pointed out that in the absence of fundamental liberty interest at issue, a statute may prohibit certain conduct as long as the prohibition bears a rational relationship to some state legitimate state interest. Here, that state interest is curbing prostitution, which prior cases have determined to be a vocation that "ministers to and feeds upon human weaknesses, appetites and passions, . . . which affects public health and morals." People v. Hasil (1930) 341Ill. 286, 289.
The Court even pointed out that Penal Code § 266h(a) was rather limited in its scope as compared to other statutes designed to protect the public interest, some of which extend to destruction of a property interest of an accused, which 266h(a) does not do.
Consequently, the Court found that the "Pimping Statute" was an undeniably proper use of legislative power.
As almost an aside, seemingly just to put Grant's appeal completely to rest, the Court pointed out that the defenses to pimping were not present here to help Grant. Grant did not show lack of knowledge that Selvin was a prostitute, as he said, "she hos herself out." He did not show that the money they had came from another source, as neither he nor Selvin worked. And he failed to show Selvin's earnings were not being used to pay for his maintenance and support.
The criminal complaint alleged that Grant "did unlawfully and knowing a person to be a prostitute, live and derive support and maintenance in whole or in part from the earnings and proceeds of said person's prostitution." The prostitute was his girlfriend and housemate, Burgundi Selvin.
Grant challenged the conviction as unconstitutional because the statute criminalizes a person's Fourteenth Amendment substantive right to association by prohibiting cohabitation with a known prostitute. The real challenge was to Penal Code § 266 ("Pimping") because, Grant argued, it prohibited association regardless of whether the person knew the source of the funds or chose to perpetuate the prostitution.
The factual background framing the constitutional challenge seems to have doomed Grant. Grant met Selvin in 2007 and the two began an intimate dating relationship as boyfriend and girlfriend. At some point, Grant began taking pictures of Selvin and posting them on the Internet for Selvin's prostitution services. Neither Grant nor Selvin had jobs, but the two lived solely off Selvin's earnings.
Grant set up a special telephone line for Selvin's customers and would stay in the apartment where Selvin would perform services. He would then take the money customers left on a counter in the apartment and divide it with Selvin. He used some of the money to buy a laptop computer, which he limited Selvin's access to over time.
The First Appellate District, Division Three, in People v. Grant (2011 DJDAR 6458), quickly distinguished the Fourteenth Amendment right to association from the right Grant seemed to define very broadly. The Court pointed out that the substantive rights guaranteed under the Constitution concerned "marriage, procreation, contraception, family relationships, child rearing and education," but not a right to exploit commercial prostitution practiced by others.
As such, the Court said Grant had no right to derive monetary gain from another's illegal conduct. Going further, the Court pointed out that in the absence of fundamental liberty interest at issue, a statute may prohibit certain conduct as long as the prohibition bears a rational relationship to some state legitimate state interest. Here, that state interest is curbing prostitution, which prior cases have determined to be a vocation that "ministers to and feeds upon human weaknesses, appetites and passions, . . . which affects public health and morals." People v. Hasil (1930) 341Ill. 286, 289.
The Court even pointed out that Penal Code § 266h(a) was rather limited in its scope as compared to other statutes designed to protect the public interest, some of which extend to destruction of a property interest of an accused, which 266h(a) does not do.
Consequently, the Court found that the "Pimping Statute" was an undeniably proper use of legislative power.
As almost an aside, seemingly just to put Grant's appeal completely to rest, the Court pointed out that the defenses to pimping were not present here to help Grant. Grant did not show lack of knowledge that Selvin was a prostitute, as he said, "she hos herself out." He did not show that the money they had came from another source, as neither he nor Selvin worked. And he failed to show Selvin's earnings were not being used to pay for his maintenance and support.
3/04/2012
The Best Alternative College
That all graduates to attend the University of the predicated high and famous, and produce graduates who are promising. However, well-known institutions, such as the Ivy League, and Notre Dame, have such low acceptance rates because so many applicants and the top choice for a good business school. But it has a high ranking is not the only one that should distinguish a business school. In fact, there are tremendous business schools are less well-known universities, some are located outside the continental U.S..
But there are alternatives for those of you who are not college be accepted at the above universities. Of course, you have to do some research first before entering the university, however, do some research takes time. So, my space compiling a list of ten college a great alternative school for a degree and / or business. And the whole list has a good reputation, and produce graduates who are competent in the fields of business and finance
alternative college
1. University of Rochester - If you've never heard of Rochester, though not famous like other institutions, Rochester very top in their country with outstanding MBA program. Highly recommended as an alternative to college for you.
2. Emory - Located in Atlanta, Georgia, and founded in 1836, Emory University business program is the most highly ranked. You will not see Emory athletes on ESPN, or hear about the school run when the Ivy League chatter, but they have a business program graduates rated 5th in the country. One of the benefits to the Goizueta Business School is the presence of many excellent faculty members, including former president Jimmy Carter.
3. Babson College - Massachusetts is home to some of the best universities, and Babson College continues this tradition of excellence. Business at Babson College students benefit from a highly rated program at the undergraduate and graduate. In fact, Babson Entrepreneurship program is a program of the highest of its kind in the country. Students will experience a curriculum that has a liberal arts background and a strong foundation in business principles that have been tried and true throughout the year. Although not known as some of the universities' state the same company, Babson still commanded much the same academic from leading companies across the country and the world.
4. Clark Atlanta University - you can find other fantastic business school in Atlanta to begin your search with Clark Atlanta University. Founded in 1988, this private historically black, the university has several programs of the most highly regarded businesses in this country. With more than 4,000 registered, students benefit from small class sizes. While not as mainstream a few other business schools, Clark Atlanta University is offering rates, knowledgeable business is highly respected in that will help graduates get jobs.
5. York University - If you're looking for a strong business school located outside the U.S., the York University is certainly a viable option to consider. Since 1960, York University has been providing students with a business degree, which has helped many achieve their professional goals. The length of full-time program for students is a mere 16 months. There is also a part-time option for people who have other commitments.
6. INSEAD - Although located outside the United States, INSEAD still has a lot to offer students. Program length is approximately 10 months, and those who sign up will join about 900 full-time MBA students. INSEAD also takes pride in teaching methods that are varied, using case studies, lectures, peer-to-peer learning, and more in an effort to help students achieve their goals.
7. Erasmus University - Also known as Erasmus University Rotterdam, and is located in the Netherlands, this is probably the first time many people have heard about this university. However, Erasmus has been around for more than thirty years, and has been educating students since its inception. The length of the business program at Erasmus University is about 12 months. Students benefit from a rigorous course load and critical thinking challenges designed to help students learn and succeed in the business world.
8. University of Navarra - Outside of the traditional business school based in the Northeastern United States, what other places draw 'a good business education' to mind? You may not think of Spain, and more specifically, the University of Navarra at first, but you have to. Since 1952, students have expanded their horizons with the help of University of Navarra. Even the MBA program offered a very high rank in the world of business schools. While traditional schools that are in the United States may be in the top ten, there are many other schools as far as Spain that can help young professionals achieve their goals.
9. University of Western Ontario - Canada has a number of lesser known, but has not been paid, the business school. The University of Western Ontario is one of these schools. Located in London, Ontario, is one of the oldest universities in Canada, which was founded in 1863. With nearly 30,000 students, the University of Western Ontario is privy to all the resources available to a large university. The average length of a business program is approximately 12 months. For some people who may not know what to do if they are not welcome in the better-known universities, Western Ontario can be a fantastic choice.
10. International Institute for Management Development - This non-profit business school located in Lausanne, Switzerland. In addition to receiving outstanding business education, IMD students can benefit from the rich cultural backgrounds and varied from Switzerland. While relatively new, founded only in 1990, many people have improved their career prospects through education at the International Institute for Management Development. This is not a household name, but it's well on its way to become one as the International Institute for Management Development has achieved high rankings in a variety of lists for a very good business school.
So there you have a list of 10 major business schools that may not dominate the list of all applications, but it will certainly help you on your way to becoming a successful professional, or advance your career.
But there are alternatives for those of you who are not college be accepted at the above universities. Of course, you have to do some research first before entering the university, however, do some research takes time. So, my space compiling a list of ten college a great alternative school for a degree and / or business. And the whole list has a good reputation, and produce graduates who are competent in the fields of business and finance
alternative college
1. University of Rochester - If you've never heard of Rochester, though not famous like other institutions, Rochester very top in their country with outstanding MBA program. Highly recommended as an alternative to college for you.
2. Emory - Located in Atlanta, Georgia, and founded in 1836, Emory University business program is the most highly ranked. You will not see Emory athletes on ESPN, or hear about the school run when the Ivy League chatter, but they have a business program graduates rated 5th in the country. One of the benefits to the Goizueta Business School is the presence of many excellent faculty members, including former president Jimmy Carter.
3. Babson College - Massachusetts is home to some of the best universities, and Babson College continues this tradition of excellence. Business at Babson College students benefit from a highly rated program at the undergraduate and graduate. In fact, Babson Entrepreneurship program is a program of the highest of its kind in the country. Students will experience a curriculum that has a liberal arts background and a strong foundation in business principles that have been tried and true throughout the year. Although not known as some of the universities' state the same company, Babson still commanded much the same academic from leading companies across the country and the world.
4. Clark Atlanta University - you can find other fantastic business school in Atlanta to begin your search with Clark Atlanta University. Founded in 1988, this private historically black, the university has several programs of the most highly regarded businesses in this country. With more than 4,000 registered, students benefit from small class sizes. While not as mainstream a few other business schools, Clark Atlanta University is offering rates, knowledgeable business is highly respected in that will help graduates get jobs.
5. York University - If you're looking for a strong business school located outside the U.S., the York University is certainly a viable option to consider. Since 1960, York University has been providing students with a business degree, which has helped many achieve their professional goals. The length of full-time program for students is a mere 16 months. There is also a part-time option for people who have other commitments.
6. INSEAD - Although located outside the United States, INSEAD still has a lot to offer students. Program length is approximately 10 months, and those who sign up will join about 900 full-time MBA students. INSEAD also takes pride in teaching methods that are varied, using case studies, lectures, peer-to-peer learning, and more in an effort to help students achieve their goals.
7. Erasmus University - Also known as Erasmus University Rotterdam, and is located in the Netherlands, this is probably the first time many people have heard about this university. However, Erasmus has been around for more than thirty years, and has been educating students since its inception. The length of the business program at Erasmus University is about 12 months. Students benefit from a rigorous course load and critical thinking challenges designed to help students learn and succeed in the business world.
8. University of Navarra - Outside of the traditional business school based in the Northeastern United States, what other places draw 'a good business education' to mind? You may not think of Spain, and more specifically, the University of Navarra at first, but you have to. Since 1952, students have expanded their horizons with the help of University of Navarra. Even the MBA program offered a very high rank in the world of business schools. While traditional schools that are in the United States may be in the top ten, there are many other schools as far as Spain that can help young professionals achieve their goals.
9. University of Western Ontario - Canada has a number of lesser known, but has not been paid, the business school. The University of Western Ontario is one of these schools. Located in London, Ontario, is one of the oldest universities in Canada, which was founded in 1863. With nearly 30,000 students, the University of Western Ontario is privy to all the resources available to a large university. The average length of a business program is approximately 12 months. For some people who may not know what to do if they are not welcome in the better-known universities, Western Ontario can be a fantastic choice.
10. International Institute for Management Development - This non-profit business school located in Lausanne, Switzerland. In addition to receiving outstanding business education, IMD students can benefit from the rich cultural backgrounds and varied from Switzerland. While relatively new, founded only in 1990, many people have improved their career prospects through education at the International Institute for Management Development. This is not a household name, but it's well on its way to become one as the International Institute for Management Development has achieved high rankings in a variety of lists for a very good business school.
So there you have a list of 10 major business schools that may not dominate the list of all applications, but it will certainly help you on your way to becoming a successful professional, or advance your career.
3/03/2012
Student Loan Debt Is The Next Big Credit Bubble
After the recent unfortunate recession, a large number of fresh graduates are not getting a job and thus, not being able to manage to pay off the student loan debt after meeting the daily routine expenses. Therefore, it can be said that student loan debt has become one of the most common financial obligations. Some people attempt to wipe off the debt with nonprofit debt consolidation, but not all can do it because of their unique financial situation. Therefore, student loan debt is spreading all over the nation.
However, according to many economists, improvement of education is responsible for one-fourth to one-half of the growth in our nation’s economy for the last couple of years. President Lyndon Johnson had commented that there should be no gap between the number of the available jobs and the number of people capable to perform the job. To bridge the gap, Johnson assured an amount that now seems insignificant, $1.9m, sent from the federal government to states that could influence it ten-to-one to support student loans of up to $1,000 for 25,000 people. This act might help many fresh graduates enter business, trade, and technical schools, which play a vital role in imparting knowledge and skills to our young citizens of the state.
About a half-century later this act has affected the federally guaranteed student-loan industry. On October 25, Obama added the list of debt ridden students to banks, car companies, homeowners and others that have been benefited from a federal handout.
Johnson’s lending program was also altered. Providing education through business, trade and technical schools was also expanded to include the full, imaginative panoply of American education, regardless of economic utility. Aside from this, interest rates, terms and conditions associated with student loans have also been adjusted. Thus, as a result, the task of students became larger. They must choose between wide ranges of products, such as Stafford loans, Plus loans, Perkins and private loan options. Moreover, there are choices between consolidation and restructuring payments to pay off the debts.
However, two primary facts are, the size of student loan debt is vast and loads of borrowers are struggling hard to pay off the debt. According to the College Board, nearly 10m students took out loans for the latest academic year. Almost one-third of students are graduating from college and 69 percent of them are defaulting on it.
The total amount of debt is soaring high through out the country. The New York Federal Reserve Bank indicates that the total amount of debt is nearly $550 billion, but includes a footnote in the technical notes section suggesting that this can be an underestimate.
In this context, critics comment that the size of the loan has become so high that students are paying ever higher fees to schools. That was sustainable when there were plenty of jobs, but harder when there are a very few options. In September 2009, the Department of Education reported that the default rate reached 8.8 percent and delinquency rate exceeded 10 percent, which is 10 times to that of credit cards and car loans.
However, troubled borrowers can avoid such traumatic situation by using government grants to consolidate their loans and make minimum payments. For many years government backed loans were given through private banks and financial institutions, but now days, the business is entirely operated by the federal government.
Author- Barbara Delinsky
However, according to many economists, improvement of education is responsible for one-fourth to one-half of the growth in our nation’s economy for the last couple of years. President Lyndon Johnson had commented that there should be no gap between the number of the available jobs and the number of people capable to perform the job. To bridge the gap, Johnson assured an amount that now seems insignificant, $1.9m, sent from the federal government to states that could influence it ten-to-one to support student loans of up to $1,000 for 25,000 people. This act might help many fresh graduates enter business, trade, and technical schools, which play a vital role in imparting knowledge and skills to our young citizens of the state.
About a half-century later this act has affected the federally guaranteed student-loan industry. On October 25, Obama added the list of debt ridden students to banks, car companies, homeowners and others that have been benefited from a federal handout.
Johnson’s lending program was also altered. Providing education through business, trade and technical schools was also expanded to include the full, imaginative panoply of American education, regardless of economic utility. Aside from this, interest rates, terms and conditions associated with student loans have also been adjusted. Thus, as a result, the task of students became larger. They must choose between wide ranges of products, such as Stafford loans, Plus loans, Perkins and private loan options. Moreover, there are choices between consolidation and restructuring payments to pay off the debts.
However, two primary facts are, the size of student loan debt is vast and loads of borrowers are struggling hard to pay off the debt. According to the College Board, nearly 10m students took out loans for the latest academic year. Almost one-third of students are graduating from college and 69 percent of them are defaulting on it.
The total amount of debt is soaring high through out the country. The New York Federal Reserve Bank indicates that the total amount of debt is nearly $550 billion, but includes a footnote in the technical notes section suggesting that this can be an underestimate.
In this context, critics comment that the size of the loan has become so high that students are paying ever higher fees to schools. That was sustainable when there were plenty of jobs, but harder when there are a very few options. In September 2009, the Department of Education reported that the default rate reached 8.8 percent and delinquency rate exceeded 10 percent, which is 10 times to that of credit cards and car loans.
However, troubled borrowers can avoid such traumatic situation by using government grants to consolidate their loans and make minimum payments. For many years government backed loans were given through private banks and financial institutions, but now days, the business is entirely operated by the federal government.
Author- Barbara Delinsky
Subscribe to:
Posts (Atom)