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Nye Frank

Center Court - 0 views

shared by Nye Frank on 07 Apr 09 - Cached
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    The National Center for State Courts, working alongside the members of the Elder Abuse and the Courts Working Group, is involved in a number of follow-up activities to develop services the courts can use. For more information on the Elder Abuse and the Courts Working Group, con-tact Brenda Uekert, Ph.D. (buekert@ncsc.dni.us) of NCSC's Research and Technol-ogy Division. -------------------------------------------------------------------------------- Page 3 3Courts looking for the latest information on ways to improve jury service can turn to a new edition of Jury Trial Innovations (JTI), the National Center for State Courts' best-selling guide to techniques used nationwide to make jury service more appealing to the public and to help jurors become more effective decision makers. This new edition was updated by G. Thomas Munsterman and Paula L. Hannaford-Agor, of NCSC's Center for Jury Studies, and G. Marc White-head, chair of the Jury Initiatives Task Force of the American Bar Association's Section of Litigation, who were editors of the original edition published in 1997.This new edition looks at innova-tions courts have tried in the decade since the first edition was published, especially those involving the model of "the interactive juror"-that is, innovations focused on how jurors organize information, how to keep jurors actively involved in trial proceedings, The new edition of Jury Trial Innovations will be available in July 2006 and can be ordered through NCSC's online bookstore accessible through the "Communications" page on NCSC's Web site (www.ncsconline.org).NCSC Updates Jury Trial Innovationsand how jurors test what they see and hear against their own beliefs and values. After exploring "How Jurors Make Decisions: The Value of Trial Innovations," JTI discusses innovations in six areas:1. Jury Administration and Management 2. Voir Dire3. Pretrial Management4. Trial Procedures5. Jury Instructions and Deliberations6. Post-Verdict Co
Nye Frank

administrative justice funding for elder victims riverside county 2007 - Google Search - 0 views

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    C L S : F C L A L -I E 20 Riverside Lawyer, September 2007. "Equal justice under law is not merely a caption on ... in LSC funding, the prohibition of federally funded legal assistance to the undocumented ... (PSLC) of the Riverside County Bar Association, the Inland ..... ney provides free legal assistance to victims of domestic vio- ... www. riverside .courts.ca.gov/legalassistance_rvsdlawyer_sept% 2007 .pdf - Similar pages - County of Riverside District Attorney's Office - Press Releases - 5 visits - Apr 13 RIVERSIDE COUNTY DA ROD PACHECO HONORS PROSECUTORS OF THE YEAR ... DISTRICT ATTORNEY ROD PACHECO SEEKS FUNDING FROM GOVERNOR FOR JUDGES TO EASE CASE BACKLOG IN RIVERSIDE ... September 26, 2007. ARRESTS MADE IN ELDER ABUSE WARRANT SWEEP ... DA PACHECO TO SPEAK TO CALIFORNIA'S PROSECUTORS REGARDING VICTIMS BILL OF ... www.rivcoda.org/News/press_releases.html - 45k - Cached - Similar pages - [DOC] CURRICULUM VITAE Scott J. Modell, Ph. D. Professor Department of ... File Format: Microsoft Word - View as HTML University Administration. 2007 - Present Director, UCP Autism Center for Excellence at .... Crime Victims with Disabilities Conference Striving for Justice II - University of ... Riverside County Elder Abuse Law Enforcement Training. ... www.hhs.csus.edu/modells/Law_Enforcement_Vita_2009.doc - Similar pages - IL OVC State Wide Assistance Report Aug 4, 2008 ... Services to Senior Victims of Violent Crime An elderly widower hired a woman ... crime victim compensation information, criminal justice advocacy with the ... These rates were substantially higher than those for Cook County and the ... The Authority used VOCA administrative funds during FFY 2007 to ... www.ojp.usdoj.gov/ovc/fund/sbsmap/ovcpf07il1.htm - 27k - Cached - Similar pages - [
Nye Frank

fbi guidelines for closing homicide administratively, exceptional - Google Search - 0 views

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    Homicide: A Sourcebook of Social Research - Google Books Resultby M. Dwayne Smith, Margaret A. Zahn - 1998 - Social Science - 356 pages Justifiable homicide is defined as the killing of a person by a peace officer ... Exceptional clearances refer to the administrative closing of cases for a ... books.google.com/books?isbn=0761907653... Homicide StudiesThis is an exploratory study of exceptional clearances using homicide data from .... if police departments are following FBI guidelines ... The police in D.C. frequently close cases in ways that are called "administrative" or "by ... hsx.sagepub.com/cgi/reprint/11/2/151.pdf - Similar pages - by M Riedel - 2007 - Cited by 3 - Related articles - All 3 versions [PDF] Chapter 5
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    Homicide: A Sourcebook of Social Research - Google Books Resultby M. Dwayne Smith, Margaret A. Zahn - 1998 - Social Science - 356 pages Justifiable homicide is defined as the killing of a person by a peace officer ... Exceptional clearances refer to the administrative closing of cases for a ... books.google.com/books?isbn=0761907653... Homicide StudiesThis is an exploratory study of exceptional clearances using homicide data from .... if police departments are following FBI guidelines ... The police in D.C. frequently close cases in ways that are called "administrative" or "by ... hsx.sagepub.com/cgi/reprint/11/2/151.pdf - Similar pages - by M Riedel - 2007 - Cited by 3 - Related articles - All 3 versions [PDF] Chapter 5
Nye Frank

elder right to civil legal help - 0 views

shared by Nye Frank on 19 Mar 09 - Cached
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    PDF] The Importance of Collaborating to Secure a Civil Right to CouFile Format: PDF/Adobe Acrobat - View as HTML meaningful access to justice through a civil right to counsel. .... the court found a right to counsel for victims of domestic violence .... denied their right to a fair hearing under Article 6, .... They must secure sufficient funds to support the .... elderly." Resolution on Right to Counsel in Housing Court, ... www.nycourts.gov/ip/partnersinjustice/Right-to-Counsel-Collaboration.pdf ACLU | Transition Plan | First Day, First Hundred Days, First Year ...Fair housing for domestic violence victims. Discrimination remedies ..... The Bush Administration has been attempting to implement a domestic airline .... Appoint all members to the Privacy and Civil Liberties Oversight Board and strongly urge ..... privilege and the right to counsel guaranteed by the Constitution. ... www.aclu.org/transition/ Preventing Violence Against WomenFeb 26, 1999 ... To help break the cycle of violence, the Clinton Administration has made stopping .... Immigration Bill Provision for Domestic Violence Victims ... services and are not denied services due to changes in deeming rules. ... AoA funds state elder abuse prevention programs in all 50 states that focus on ... library.findlaw.com/1999/Feb/26/127977.html Working with Victims of Crime with DisabilitiesOct 1, 2008 ... Historically, all victims of crime have been denied full participation in the criminal justice process. .... Some victims, particularly elderly and those with developmental ..... The Violence Against Women Grants Office and the Civil Rights ... The right to counsel. * The right to reparations. ... www.ojp.usdoj.gov/ovc/publications/factshts/disable.htm Depending on the Kindness of Strangers: Making Civil Gideon a ...Become an Agent of Change: Support JWI's Campaign for Domestic Violence Awareness Month ... Weinberg Elder Abuse Shelter Casts a Broader Safety Net ... violated when indigent
Nye Frank

Law School Outline - Constitutional Law - NYU School of Law - Pildus - 0 views

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    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia
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    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
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    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
Nye Frank

In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the Federa... - 0 views

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    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
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    violence victims that are set forth in its Domestic Abuse Code. VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #22 Victims of crime should have rights at administrative proceedings, including the right to have a person of their choice accompany them to the proceedings, the right to input regarding the sanction, and the right to notification of the sanction. Agencies and institutions that seek to hold their employees or students accountable for their alleged criminal or negligent behavior often do so through administrative proceedings, including disciplinary hearings on college campuses in sexual assault cases and other crimes that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is accused of misconduct, which sometimes also constitutes a criminal act. These hearings are held to determine whether an employee or student should be dismissed or sanctioned. Victims often complain about their lack of rights and protections at these hearings. For example, at disciplinary hearings on college campuses and in schools, as well as administrative proceedings when criminal justice personnel are accused of conduct violations, victims are frequently not allowed such fundamental rights as the right to be accompanied by a person of their choice and the right to submit a victim impact statement before the offender is sanctioned.Agencies and institutions should review their disciplinary codes and ensure that From tribal police intervention to tribal court proceedings, the victims of violent crime in Indian country must have rights available to them. They must be informed of their rights, encouraged to exercise their rights, and be protected from further harm. This is the basic responsibility of a tribal criminal justice system. Joseph Myers, Executive Director, National Indian Justice Center In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the
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    * Substantial numbers of victims in states with both strong and weak protection were not notified of other important rights and services, including the right to be heard at bond hearings, the right to be informed about protection against harassment and intimidation, and the right to discuss the case with the prosecutor.44
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    While the majority of states mandate advance notice to crime victims of criminal proceedings and pretrial release, many have not implemented mechanisms to make such notice a reality.
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    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #6 Victims and witnesses of crime should have the right to reasonable protection, including protection from intimidation. The safety of victims and witnesses should be considered in determining whether offenders should be released from custody prior to completing their full sentence. The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of public and law enforcement attention. Justice officials report an increase in the harassment and intimidation of witnesses, making it increasingly difficult to obtain convictions because crime victims and witnesses are afraid to testify.63 Legislatures have attempted to address this problem by mandating "no contact" orders as a condition of pretrial or posttrial release. In addition, victims' bills of rights generally require victims to be notified at the outset of the judicial process about legal action they can take to protect themselves from harassment and intimidation.
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    Congress made restitution mandatory in federal criminal cases involving violent crimes with the enactment of the Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act.73
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    All crime victims should have the right to a full range of services and support to help them recover physically, psychologically, and in practical ways from the effects of crime, whether or not they report the crime or become involved in related criminal prosecutions or juvenile adjudications. In the aftermath of victimization, victims may have many different needs.Victims who report crime need information, assistance and protection when they choose to participate in the criminal and juvenile justice process. Not only should victims have the right to be heard or consulted in decisions that affect them, but they should receive protection if they are witnesses and transportation to and from legal proceedings.
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    Victims should have standing to enforce their rights, and sanctions should be applied to criminal and juvenile justice professionals who deny victims their fundamental rights
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    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #19 States and the federal government should create compliance enforcement programs, sometimes referred to as victim ombudsman programs, to help facilitate the implementation of victims' rights. 29 Chapter 1: Victims' Rights State victims' rights compliance enforcement programs oversee justice officials' and agencies' compliance with crime victims' statutory and constitutional rights and investigate crime victim complaints relevant to those rights being violated.93 A few states have created such programs within an existing agency or have established a new, statelevel oversight authority. In initiating such a program, officials should consider the importance of meaningful remedies and sanctions for noncompliance with victims' rights laws; and ensure that victims, victim service providers, advocacy groups, and victim-sensitive justice professionals are involved in the program planning process. In addition, justice agencies should consider increasing crime or court surcharges to support a compliance enforcement functions, and should evaluate overall compliance enforcement system. Innovative approaches to victims' rights oversight have been implemented in several states: * The Minnesota Office of the Crime Victims Ombudsman (OCVO) protects the rights of victims by investigating statutory violations of victims' rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged violations, recommend corrective action, and make its findings public to both the legislature and the press. * The South Carolina Office of the Crime Victims' Ombudsman is empowered to act as a referral entity for victims in need of services, a liaison between victims and the criminal and juvenile justice systems in the course of their interaction, and a resolver of complaints made by victims against elements of those systems and against victim assistance programs. In
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    The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."
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    Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).
Nye Frank

OFFICE OF THE DISTRICT ATTORNEY - 0 views

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    Page 1 Final Report CJ - 1 OFFICE OF THE DISTRICT ATTORNEY AN IN-DEPTH INVESTIGATION Prepared by 2001-2002 Orange CountyGrand Jury June, 2002 Page 2 CJ - 2 2001-2002 Orange County Grand Jury COMMENDATIONS There are many men and women: managers, deputy district attorneys, and investigators in the Office of the District Attorney who have demonstrated great professionalism and integrity. They have worked in their offices, entered the courts, and gone into the streets to insure that the criminal justice system in Orange County is held to the highest standards. The 2001-2002 Orange County Grand Jury extends its highest commendation to these dedicated public servants and asks that the electorate of the county join us in this commendation. Page 3 Final Report CJ - 3 TABLE OF CONTENTS Page COMMENDATIONS......................................................................................................... 2 TABLE OF CONTENTS.................................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................ 5 INTRODUCTION .............................................................................................................. 7 Major Accomplishments of the District Attorney's Office under the Current Administration............................................................................................................ 7 INITIATION OF THE INVESTIGATION & METHOD OF STUDY ............................. 9 ORGANIZATIONAL RESTRUCTURE - Attorney Positions ....................................... 11 Factual Background - Post 1998 Campaign............................................................. 11 Findings..................................................................................................................... 15 Recommendations ......................................................................................
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    Page 1 Final Report CJ - 1 OFFICE OF THE DISTRICT ATTORNEY AN IN-DEPTH INVESTIGATION Prepared by 2001-2002 Orange CountyGrand Jury June, 2002 Page 2 CJ - 2 2001-2002 Orange County Grand Jury COMMENDATIONS There are many men and women: managers, deputy district attorneys, and investigators in the Office of the District Attorney who have demonstrated great professionalism and integrity. They have worked in their offices, entered the courts, and gone into the streets to insure that the criminal justice system in Orange County is held to the highest standards. The 2001-2002 Orange County Grand Jury extends its highest commendation to these dedicated public servants and asks that the electorate of the county join us in this commendation. Page 3 Final Report CJ - 3 TABLE OF CONTENTS Page COMMENDATIONS......................................................................................................... 2 TABLE OF CONTENTS.................................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................ 5 INTRODUCTION .............................................................................................................. 7 Major Accomplishments of the District Attorney's Office under the Current Administration............................................................................................................ 7 INITIATION OF THE INVESTIGATION & METHOD OF STUDY ............................. 9 ORGANIZATIONAL RESTRUCTURE - Attorney Positions ....................................... 11 Factual Background - Post 1998 Campaign............................................................. 11 Findings..................................................................................................................... 15 Recommendations ......................................................................................
Nye Frank

Department of Justice, State of Oregon - Links - 0 views

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    Legal | Consumer | Child Support (DCS) | Other Government Legal Oregon Courts Oregon Revised Statutes Links Oregon Constitution Links Oregon Administrative Rules Oregon State Bar Association United States Courts Ninth Circuit Court of Appeals United States Supreme Court Consumer American Association of Retired Persons Better Business Bureau Construction Contractors Board Federal Communication Commission Federal Trade Commission Food & Drug Administration Securities and Exchange Commission Division of Child Support DCS Links Other Government United States Department of Justice United States Senate United States House of Representatives Oregon Legislature Oregon Governor State of Oregon |Back to Top
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    Legal | Consumer | Child Support (DCS) | Other Government Legal Oregon Courts Oregon Revised Statutes Links Oregon Constitution Links Oregon Administrative Rules Oregon State Bar Association United States Courts Ninth Circuit Court of Appeals United States Supreme Court Consumer American Association of Retired Persons Better Business Bureau Construction Contractors Board Federal Communication Commission Federal Trade Commission Food & Drug Administration Securities and Exchange Commission Division of Child Support DCS Links Other Government United States Department of Justice United States Senate United States House of Representatives Oregon Legislature Oregon Governor State of Oregon |Back to Top
Nye Frank

goverment agency mandates for internal affairs for riverside county sheriff - Google Se... - 0 views

shared by Nye Frank on 19 Apr 09 - Cached
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    Riverside County Sheriff's Department v. Louis Zigman, Astrid ... Real party in interest and appellant Riverside County Sheriff's Deputy Astrid Megan ... for writ of administrative mandate filed by the Riverside County Sheriff's .... who is interrogated during a law enforcement agency's internal affairs ... Government Code section 3304, subdivision (b),6 makes it clear that a law ... www.morelaw.com/verdicts/case.asp?n=E043187&s=CA&d=38412 - 46k - Cached - Similar pages - [PDF] 1 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH DISTRICT ... File Format: PDF/Adobe Acrobat - View as HTML Real party in interest and appellant Riverside County Sheriff's Deputy Astrid ... petition for writ of administrative mandate filed by the Riverside County Sheriff's .... during a law enforcement agency's internal affairs investigation of .... which constitutes the administrative appeal guaranteed by Government ... www.courtinfo.ca.gov/opinions/documents/E043187.PDF - Similar pages - [PDF] SHERIFF-CORONER DEPARTMENT COUNTY OF ORANGE File Format: PDF/Adobe Acrobat - View as HTML practices, rather than through an external unfunded mandate. The Sheriffs Department is also subject to reviews and audits by many government agencies such as: ... completed internal affairs investigation. The Attorney General's Office ... Riverside and San Diego. Finally, through the Public Records Act. the ... www.ocgrandjury.org/pdfs/ocsd.pdf - Similar pages - About Lackie & Dammeier Michael makes his home in Orange County with his wife. .... Labor Experience: Chief negotiator and labor rep, Riverside Sheriff's Association, ... Mr. Lackie has extensive experience in internal affairs representation, ... including injunctions barring police agencies from violating the Bill of Rights. ... www.policeat
Nye Frank

Enforcing the ADA, Status Report from the Department of Justice, October - December, 2007 - 0 views

shared by Nye Frank on 07 Apr 09 - Cached
  • Miller v. Johnson -- The Department intervened in the U.S. District Court for the Eastern District of Virginia to defend the constitutionality of an inmate’s private title II lawsuit for damages against Virginia prison officials. The inmate alleges that he is an individual with a disability because of various health conditions and that he required reasonable modifications in prison rules, policies, and practices. Virginia asserted that Congress lacked authority under the ADA to remove the State’s immunity because the ADA’s protections go further than the equal protection rights guaranteed by the U.S. Constitution. The Department argued that Congress had the authority to remove State immunity because the ADA is appropriate legislation under the Constitution to remedy the history of pervasive discrimination against people with disabilities, including in prison administration.
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      no immunity
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    Therefore, even under Bell Atlantic, the Supreme Court does not require "heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face." 127 S.Ct at 1974. We further note, unlike the requirement articulated in Bell Atlantic that under Fed. R. Civ. P. 8(a)(2), a complaint must contain allegations sufficient to show a "plausible" entitlement to relief, there is nothing in the OOC Procedural Rules requiring that an administrative complaint filed with the OOC show an entitlement to relief, Thus, § 5.01 (c)(1) of the Procedural Rules requires only that an administrative complaint include: "(iv) a description of the conduct being challenged…; (v) a brief description of why the complainant believes the challenged conduct is a violation of the Act and the section(s) of the Act involved; (vi) a statement of the relief or remedy sought…."
Nye Frank

Crime Compensation Program Directory Overview - 0 views

  • Most programs process claims through a staff centralized in one office in the state capital, but a few states have branch or regional offices or make use of locally based individuals in other agencies to perform preliminary work on applications, such as gathering documents. Typically, states request and analyze police reports to confirm that a crime took place and to determine whether the victim was involved in any illegal or contributory activity when victimized. Information from service providers like hospitals, doctors, counselors, and funeral homes, as well as employers if work loss is claimed, forms the basis for benefit determinations. Decision-making authority varies from state to state, with about a third of the states using part-time boards or commissions to determine eligibility and awards, and the rest authorizing full-time administrative staff (usually program directors) to make determinations. In three court-based programs, judges or court officials decide claims.
  • All of the programs are authorized to deny or reduce benefits to people who are injured while committing crimes or engaging in substantial misconduct contributing to their victimization. Programs rely primarily on police reports to make these determinations, and expend considerable effort to make careful and appropriate decisions on these issues. Five state compensation laws also authorize denial based on prior criminal activity unrelated to the current victimization. The eligibility of a victim's dependents or other secondary victims generally hinges on the eligibility of the "direct" victim (the one who suffered the injury or death). For example, if a homicide victim was engaged in criminal activity, the family generally would be ineligible for any benefits. Each state operates under its own law, rules, policies and procedures, and while all of the programs share broadly similar eligibility requirements, it's important for those accessing any program to check with the individual state to learn exactly how it operates.
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    While for most programs fund recovery is a minor source of total income , a few programs are beginning to recover close to 10% of their awards. VOCA . Federal funds provide about 20-25% of the state compensation programs' total budgets, through grants authorized by the Victims of Crime Act of 1984 (VOCA). Under VOCA, for every $100 a state awards to victims, it gets $40 in federal funds to spend; this results in a 72%-to-28% split in state-federal dollars spent each year (of every $140 awarded to victims, $100 is state money and $40 is federal funds). States also must bear all or nearly all of the administrative costs for operating their programs (only 5% of each state's VOCA grant is available for administrative purposes). While the large majority of funds spent in operating the programs and paying victims comes from state budgets, VOCA grants have enabled many states to expand coverage, and they make a significant difference in ensuring that there is enough money available to cover all eligible victims that may apply. VOCA will provide about $70 million to state compensation programs in federal fiscal year 1999. To be eligible for a federal grant, certain conditions must be met. Programs must cover medical expenses, mental health counseling, and lost wages for victims, as well as funeral expenses and lost support for families of homicide victims. They must consider drunk driving and domestic violence as compensable crimes, and must not categorically exclude domestic violence victims on the basis of their being related to or living with the offender. (Programs may deny claims when an award to the victim would unjustly enrich the offender.) Program must agree to consider for eligibility all U.S. citizens who are victims of crimes within their states, regardless of the residency of the victim . Each state also must offer benefits to its own residents who are victimized in states without compensa
Nye Frank

Washington Times - 1 in 5 killings don't go to trial - 0 views

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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
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    She also noted that the department's Office of Professional Responsibility signs off on all cases before they're closed administratively to ensure they meet several requirements. "Most of the department's exceptional closures are cases in which witnesses come forward to identify homicide offenders only after the perpetrator was killed," Chief Lanier wrote.
Nye Frank

Nye Frank - 0 views

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    My Recent Bookmarks Friends' Recent Bookmarks Unread Bookmarks Bookmarks shared with me Recent Bookmarks X My Recent Bookmarks more » homicide case, administrative, exceptional Tags: homicide , case , closed , administrative , closure , exceptional about 3 hours ago Yahoo! News Search Results for supreme court cases elder victims of crime california legal assistance civil cases Tags: supreme , court about 3 hours ago Search Results - National Criminal Justice Reference Service Tags: Riverside , County , Corruption , publications , elder , abuse , court , system about 3 hours ago Topic - National Criminal Justice Reference Service Tags: crime , reference , service , victims , elders about 3 hours ago related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - Google Search Tags: self , litigation , courts , elders , pro , se , legal , clinic , how , to about 3 hours ago Friends' Recent Bookmarks more » Find your friends to share great findings and see what you have in common. Bookmarks shared with me more » Yon don't have shared bookmarks from your friends See My Friends » Friends Activities NO friends with recent activities. Invite Friends Now Recent Visitors to My Profile No recent visitors yet 4 unread bookmarks Bookmarks specially shared with me My Diigo Tools My Account Nye Frank View My Profile Edit my profile Edit my picture Invite Your Friends Adding friends will enable you to have more meaningful knowledge sharing and interaction. Invite friends » Download Toolbar Download New Diigo Toolbar Sponsored links
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Position Outline for Elder Abuse Policy (Rough Draft) - 0 views

  • 29 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p. 94. 30 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.3, p. 93. 31 See NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p.92
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    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
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    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
Nye Frank

County of Riverside District Attorney's Office - Press Releases - 0 views

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    Mission Statement About the DA Administration Office Divisions Office Locations Common Questions Employment Opportunities Site Map Meet the DA Accomplishments of the DA Western Division Eastern Division Southwest Division Programs DA Newsletter Press Releases Riverside County Most Wanted Fugitives Marsy's Law Services Available Division of Victim Services Locations Victim Rights Project Victims' Rights Week Victim Impact Statements Reimbursement for Crime Victims Guide to the Criminal Justice System Witness Rights Being a Witness In Court Courthouse Locations Recycled Cell Phones Family Justice Center Locations Riverside Center Southwest Center History of the Bureau Child Recovery Unit Unidad De Recuperación De Menores Riverside County Most Wanted Fugitives Office Locations Employment Opportunities Frequently Asked Questions Child Abduction Resources Successful Recovery Story Preguntas Hechas Con Frecuencia Recursos de Secuestro de Menores Historia de una Recuperacion Exitosa Brochures & Publications Consumer Information Identity Theft Bad Checks Missing Children Megan's Law SAFE Task Force Related Links Gang Injunctions Local Law Enforcement Agencies East Side Riva Barrio Dream Home DA Newsletter Press Releases Opinion Editorials DA Newsletter Press Releases Opinion Editorials For Immediate Release ( print version ) Contact: Ingrid Wyatt Public Information Officer (951) 955-5626 DISTRICT ATTOR
Nye Frank

Homicide: A Sourcebook of Social ... - Google Book Search - 0 views

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    Homicide: A Sourcebook of Social Research - Google Books Resultby M. Dwayne Smith, Margaret A. Zahn - 1998 - Social Science - 356 pages Justifiable homicide is defined as the killing of a person by a peace officer ... Exceptional clearances refer to the administrative closing of cases for a ... books.google.com/books?isbn=0761907653... Homicide StudiesThis is an exploratory study of exceptional clearances using homicide data from .... if police departments are following FBI guidelines ... The police in D.C. frequently close cases in ways that are called "administrative" or "by ... hsx.sagepub.com/cgi/reprint/11/2/151.pdf - Similar pages - by M Riedel - 2007 - Cited by 3 - Related articles - All 3 versions [PDF] Chapter 5
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    Riverside Homicide Cover up by Officials
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    Nye Frank
Nye Frank

Department of Justice guidelines state that "A law enforcement agency clears a crime by... - 0 views

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    In defining case closure, often referred to as case "clearance," the U.S. Department of Justice's Bureau of Justice Statistics has stated that "Law enforcement agencies clear or solve an offense when at least one person is arrested, charged with the commission of the offense, and turned over to the court for prosecution." In addition, cases can be closed through "exceptional" means -- which are often referred to as "administrative" case closures. Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender. In such circumstances, law enforcement must have identified the offender, possess enough evidence to support arrest, and identify the offender's location." Some of the circumstances that may permit exceptional clearances include the death of the offender; the victim's refusal to cooperate with the prosecution after the offender has been identified; the arrest or imprisonment of the offender due to another crime or crimes; or the offender's flight to another jurisdiction where extradition is not possible.[ Reply ] [ Edit ] « Back to Inbox [ Invite Others to this Conversation ] 1 - 1 of 1 ActionsInvite Others to this Conversation Leave This Conversation Message Propagation Path Initiated by Nye Frank People in this conversation (1)Nye Frank Diigo - Highlight and Share the Web!About Diigo| Help| User Forum| Blog| Tools| Contact| Terms of Service| Privacy| © Diigo Inc 2008 -- User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License
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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
Nye Frank

Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 - 0 views

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    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
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    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
Nye Frank

COURT OF APPEALS STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE Minutes of a mee... - 0 views

  • udge Kaplan commented that at-will employees who have been discharged from working for the State government use mandamus, since there is no appeal authorized for an at-will employee who has been wrongfully discharged. Mr. Sykes pointed out this would come under regular mandamus, which is applicable when there is no record. When an agency makes a final decision affecting the rights of parties, an appeal is effected by administrative mandamus if there is no statutory right of appeal.
  • Mr. Gohn noted that he did not believe that under administrative or regular mandamus, there would be the necessity to file the entire file. Ms. Baron may have been looking at the certiorari rule, which does not apply.
Nye Frank

Juris Publishing - Fine's Wisconsin Evidence -2nd Edition - 0 views

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    earchable access to it via our online collection of publications. Book Overview Table of Contents Chapter 901 General Provisions 901.01 Scope 901.02 Purpose and Construction 901.03 Rulings on Evidence 901.04 Preliminary Questions (1) Judge Determines Admissibility (2) Admissibility when Relevancy Conditioned on Fact (3) Hearing out of Jury's Presence (4) Testimony by Accused (5) Weight and Credibility 901.05 Admissibility of AIDS Test Results 901.053 Admissibility of Helmet - Wearing Evidence 901.055 Admissibility of Lead-in-Dust Testing Evidence 901.06 Limited Admissibility 901.07 Rule of Completeness Chapter 902 Judicial Notice 902.01 Judicial Notice of Adjudicative Facts 902.02 Judicial Notice of Foreign Laws 902.03 Ordinances and Administrative Rules Chapter 903 Presumptions 903.01 Presumptions in General 903.03 Presumptions in Criminal Cases Chapter 904 Relevancy 904.01 Definition of "Relevant Evidence" 904.02 Relevant Evidence Generally Admissible 904.03 Exclusion of Relevant Evidence 904.04 Character Evidence Not Admissible to Prove Conduct (1) Character Evidence Generally (a) of the Accused (b) of the Victim (c) of the Witness (2) Other Crimes, Wrongs, or Acts 904.05 Methods of Proving Character (1) Reputation or Opinion (2) Specific Instances of Conduct 904.06 Habit, Routine 904.07 Subsequent Remedial Measures 904.08 Compromise and Offers to Compromise 904.085 Communications in Mediation 904.09 Payment of Medical and Similar Expenses 904.10 Offers to Plead Guilty or No Contest; Withdrawn Guilty Pleas 904.11 Liability Insurance 904.12 Statement of Injured Person 904.13 Information Concerning Crime Victims 904.15 Communications in Farmer Assistance Programs Chapter 905 Privileges 905.01 Privileges Recognized Only as Provided 905.015 Use of Interpreter for Privileged Communi
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    earchable access to it via our online collection of publications. Book Overview Table of Contents Chapter 901 General Provisions 901.01 Scope 901.02 Purpose and Construction 901.03 Rulings on Evidence 901.04 Preliminary Questions (1) Judge Determines Admissibility (2) Admissibility when Relevancy Conditioned on Fact (3) Hearing out of Jury's Presence (4) Testimony by Accused (5) Weight and Credibility 901.05 Admissibility of AIDS Test Results 901.053 Admissibility of Helmet - Wearing Evidence 901.055 Admissibility of Lead-in-Dust Testing Evidence 901.06 Limited Admissibility 901.07 Rule of Completeness Chapter 902 Judicial Notice 902.01 Judicial Notice of Adjudicative Facts 902.02 Judicial Notice of Foreign Laws 902.03 Ordinances and Administrative Rules Chapter 903 Presumptions 903.01 Presumptions in General 903.03 Presumptions in Criminal Cases Chapter 904 Relevancy 904.01 Definition of "Relevant Evidence" 904.02 Relevant Evidence Generally Admissible 904.03 Exclusion of Relevant Evidence 904.04 Character Evidence Not Admissible to Prove Conduct (1) Character Evidence Generally (a) of the Accused (b) of the Victim (c) of the Witness (2) Other Crimes, Wrongs, or Acts 904.05 Methods of Proving Character (1) Reputation or Opinion (2) Specific Instances of Conduct 904.06 Habit, Routine 904.07 Subsequent Remedial Measures 904.08 Compromise and Offers to Compromise 904.085 Communications in Mediation 904.09 Payment of Medical and Similar Expenses 904.10 Offers to Plead Guilty or No Contest; Withdrawn Guilty Pleas 904.11 Liability Insurance 904.12 Statement of Injured Person 904.13 Information Concerning Crime Victims 904.15 Communications in Farmer Assistance Programs Chapter 905 Privileges 905.01 Privileges Recognized Only as Provided 905.015 Use of Interpreter for Privileged Communi
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