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we asked for a safe way to report Building A Financial Abuse Case for the Criminal Just... - 0 views

  • Identify other sources of information Health care professionals Paramedics and EMTs Family and friends Who did victim tell first Importance of asking about and documenting the victim's demeanor and reason for making contact Not for police action but for safety, health needs, seek help
  • Crawford v. Washington  Critical importance of witnesses to whom victim and suspect have spoken Identify non governmental witnesses to statements Document spontaneous statements and demeanor Calls for help and medical care
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    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
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    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
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    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
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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
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Defense attorney claims he has proof of misconduct by Santa Clara County prosecutors - ... - 0 views

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    Sign In | Register | Newsletters Subscribe | e-Edition | Home Delivery | Mobile | Mobile Alerts | RSS HOME NEWS breaking news obituaries crime health science earthquakes politics nation / world ap headlines special reports education traffic weather weird news BUSINESS real estate green energy special reports financial markets personal finance venture capital drive / automotive data base press releases TECH news opinion sectors companies personal tech SPORTS 49ers raiders giants a's sharks warriors quakes gold pride high schools colleges stanford cal sjsu golf other sports scores / stats ENTERTAINMENT celebrities restaurants movies television music horoscopes comics puzzles and games lottery events arts books LIFE & STYLE food & wine home and garden travel fashion & style pets & animals green living religion OPINION columns editorials letters blogs discussion boards web votes article comments live chats MY CITY san jose / valley los gatos saratoga cupertino sunnyvale campbell central coast peninsula alameda county HELP contact us site map faq widgets start / stop paper advertising buy photos ethics policy past articles PLACE AD place display ad place classified ad SHOPPING newspaper
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SB 1343 Witness testimony: support persons: elder abuse. - Google Search - 0 views

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    Requires each member of the designated agency of the State Bar responsible for evaluation of judicial candidates to complete a minimum of training in fairness and bias.
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    FISCAL COMMITTEE: yes URGENCY CLAUSE: no INTRODUCED: 02/15/2008 LAST AMEND: 08/04/2008 DISPOSITION: Failed - Adjourned LOCATION: Senate Appropriations Committee SUMMARY: Requires that information related to deaths of children and adults with disabilities killed as a result of domestic violence be examined by Child, Domestic Violence, and Elder Death Review Teams. Includes within the authority of an Elder Death Review Team, the review of dependent adult deaths. Relates to reporting of suspected abuse or neglect involving persons with developmental disabilities to local law enforcement. Requires the Office of Emergency Services to convene a working group on such crimes. STATUS: 08/07/2008 In SENATE Committee on APPROPRIATIONS: Not heard. PRIVATE FILE: CVUC POSITION: SUPPORT
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Search Results - THOMAS (Library of Congress) - 0 views

  • 4. H.R.282 : To prevent Members of Congress from receiving any automatic pay adjustment in 2010.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/7/2009)      Cosponsors (None) Committees: House Administration; House Oversight and Government Reform Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA - 0 views

shared by Nye Frank on 24 Apr 09 - Cached
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    Planning/Needs Assessment* Provided expertise, guidance andinput to the 2006-2007 annualupdate of the 2005-2009 StrategicPlan-Strength in Aging.* Convened a public hearing on the2005-2009 Strategic Plan-Strengthin Aging annual update.Leadership Development* Hosted overview of the Ralph M. Brown Act and Conflict ofInterest by County Counsel.■ Held an Advisory Council Orientation Day to provideinformation to the Council members on Older AmericansAct, committee assignments and structure, HelpLInkpresentation, handbooks, Council reporting requirementsand an overview of the Strategic Plan on Aging.* Continued leadership participation and close allqnmentwith TACC (Triple A Council ofCalifornia).* Represented Advisory Councilon the Foundation cBoard.* Convened and chaired Housingand Transportation Standing CommitteeIntergenerational/Quality of Life Standing Committee'Grandparents Raising Grandchildren Task Force'Caregiver Standing Committee, Health/Wellness StandingCommittee, Public Relations SubcommitteeIntergovernmental Subcommittee, Ad Hoc Food BankCommittee, Ad Hoc White House Conference on AgingCommittee, ByLaws Committee, and MembershipCommittee.* Recruited three new Advisory Council members.* Attended C4A Annual Meeting and Allied Conference inIrvine, California. -------------------------------------------------------------------------------- Page 5 Submitted Older Americans Act Reauthorization, OlderCa ifornians Act Appropriations, Death Certificate Fees forstate and federal legislative proposals to the ExecutiveOffice for inclusion in the County legislative platform.* Supported and hostedroundtable discussionsregarding the issuessurrounding the newMedicare Part D changes.Ri,.ha„rü u " Hosted Presentation fromRichard Hayes on the statistic and demographic dataassociated with Prop 63 budgets.Attended Senior Inspiration awards in Palm Springs.Hosted a discussion with Donna Dahl, Riverside CountvAÖ PlaT"' °f Mental Hea"h °n the Mental Heal,h
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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
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538 F2d 10 Torres v. Sachs S Velez | Open Jurist - 0 views

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    Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai
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    Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai
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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).
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D.C. Police Knew of Homicide Problems - washingtonpost.com - 0 views

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    Evans, former chairman of the council's Judiciary Committee, said that he hasn't paid attention to the department's homicide problems in recent months
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Search Results - THOMAS (Library of Congress) - 0 views

  • 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/9/2009)      Cosponsors (5) Committees: House Judiciary; Senate Judiciary Latest Major Action: 2/12/2009 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
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    The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display Limited To: DATES FROM 01/01/2007-01/01/2010 31 Bills from the 111th Congress ranked by relevance on "probation " . 31 bills containing your phrase (or variants of its words) in the same order . Listing of 31 bills containing your phrase (or variants of its words) in the same order . 1 . CAN DO Act of 2009 (Introduced in House) [H.R.1303.IH] 2 . Ex-Offenders Voting Rights Act of 2009 (Introduced in House) [H.R.59.IH] 3 . MEGA (Introduced in House) [H.R.330.IH] 4 . Whereas there are approximately three million Americans employed within the justice system; (Engrossed as Agreed to or Passed by House) [H.RES.45.EH] 5 . SERV Act (Introduced in Senate) [S.902.IS] 6 . SERV Act (Introduced in House) [H.R.2138.IH] 7 . Whereas there are approximately three million Americans employed within the justice system; (Introduced in House) [H.RES.45.IH] 8 . Safeguarding America's Seniors and Veterans Act of 2009 (Introduced in House) [H.R.746.IH] 9 . Managing Arson Through Criminal History (MATCH) Act of 2009 (Introduced in House) [H.R.1727.IH] 10 . Calling on the Government of Vietnam to release from prison, end the detention without trial, and cease the harassment and house arrest of the people who signed the Manifesto on Freedom... (Introduced in House) [H.RES.334.IH] 11 . Expressing the sense of the House of Representatives that the President of the United States should not issue pardons to senior members of his administration during the final 90 days... (Introduced in House) [H.RES.9.IH] 12 . National Criminal Justice Commission Act of 2009 (Introduced in Senate
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Metropolitan Police Department main page - 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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    Metropolitan Police Department Main Page Home Bibliography Calendar Columns Dorothy Brizill Bonnie Cain Jim Dougherty Gary Imhoff Phil Mendelson Mark David Richards Sandra Seegars DCPSWatch DCWatch Archives Council Period 12 Council Period 13 Council Period 14 Election 1998 Election 2000 Election 2002 Elections Election 2004 Election 2006 Government and People ANC's Anacostia Waterfront Corporation Auditor Boards and Com BusRegRefCom Campaign Finance Chief Financial Officer Chief Management Officer City Council Congress Control Board Corporation Counsel Courts DC2000 DC Agenda Elections and Ethics Fire Department FOI Officers Inspector General Health Housing and Community Dev. Human Services Legislation Mayor's Office Mental Health Motor Vehicles Neighborhood Action National Capital Revitalization Corp. Planning and Econ. Dev. Planning, Office of Police Department Property Management Public Advocate Public Libraries Public Schools Public Service Commission Public Works Regional Mobility Panel Sports and Entertainment Com. Taxi Commission Telephone Directory University of DC Water and Sewer Administration Youth Rehabilitation Services Zoning Commission Issues in DC Politics Budget issues DC Flag DC General, PBC Gun issues Health issues Housing initiatives Mayor's mansion Public Benefit Corporation Regional Mobility Reservation 13 Tax Rev Comm Term limits repeal Voting rights, statehood Williams's Fundraising Scandals Links Organizations Appleseed Center Cardozo Shaw Neigh.Assoc. Committee of 100 Fed of Citizens Assocs League of Women Voters Parents United Shaw Coalition Photos Search What Is DCWatch? themail archives Materials from the Metropolitan Police Department: Citizen Complaint Report Form, PD-99 Materials on the Metropolitan Police Department. Neighborhood Safety Zone Initiative Mayor Adrian Fenty, MPD Chief Cathy
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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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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.
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laws for state liability in mandated duties - Google Search - 0 views

shared by Nye Frank on 16 Apr 09 - Cached
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    The Changing Role of the Courts in Elder Abuse Cases These cases addressed a wide array of issues: immunity from liability for people .... The fraud units are mandated by the federal government and authorized to ... The growth of elder law as a practice specialty has fueled much of the ... Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse. ... www.utahbar.org/sites/noecomm/html/the_changing_role_of_the_court.html - 35k - Cached - Similar pages Manual Call Of Duty 4 Pc - Manual Call Of Duty 4 Pc Apr 8, 2009 ... maryland state law jury duty masint analyst duties marriage duty ... massachusetts private duty elderly ... mandatory duty public entity liability for marine corp embassy duty ... maryland sheriff's duties marine locator non active duty ... Homicide? A muscle in Carol's arm twitched involuntarily ... technologise.com/search.php?q=manual-call-of- duty -4-pc - Similar pages The StandDown Texas Project: Law of Parties/Felony Murder Rule All of these issues give better cause to eliminate state executions, ... auxiliary sheriff's deputy, a fire marshal or an assistant fire marshal with ..... due process protections mandated by the U.S. Supreme Court's 2007 decision, ...... state's law of parties, a conspirator liability statute that posits that if ... standdown.typepad.com/weblog/ law _of_partiesfelony_murder_rule/ - 179k - Cached - Similar pages North Country Gazette » Death In Pinellas County-Excited Delirium ... The medical examiner's office ruled Tipton's death a homicide, ... In such as state of "excited delirium", experts say that physical restraint by ... Last week in Ohio, retired visiting judge Ted Schneiderman who is long past the mandated ... sheriff's officers from any liability in McCullaugh's death and to cause ...
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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 ......................................................................................
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Duke Law Journal: Krista M. Enns, Can A California Litigant Prevail In An Action For Le... - 0 views

  • Part IV acknowledges the tension between the difficulty of proving causation in legal malpractice actions and one of the goals of legal malpractice, which is to allow litigants recovery when their attorneys are negligent. The part then considers the "loss of chance" doctrine, which is used in medical malpractice cases, as a possible alternative to the rigorous "but for" causation requirement in legal malpractice. Since a shift away from the "but for" standard is likely to cause more problems than it solves, and because adequate protections already exist for litigants, Part IV argues that the current causation requirements should be maintained for litigants who allege that they suffered an injury during Supreme Court oral argument. [*pg 115]
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      that lawyers with previous experience before the Court prevail "substantially more often."57 Data from the Solicitor General's office also support this theory http://www.law.duke.edu/shell/cite.pl?48+Duke+L.+J.+111
  • The opportunity to convince [the Justices] of the merits of your position is at its highpoint."47
  • See 3 MALLEN & SMITH, supra note 15, § 29.41, at 772 ("In presenting the underlying appeal in the subsequent legal malpractice action, the parties must specify the issues that should have been urged in the underlying action."). Failure to specify the issues is a failure to prove causation. See id. 146. See infra note 151 and accompanying text. 147. See Smith v. Lewis, 530 P.2d 589, 595 (Cal. 1975). 148. See Lysick v. Walcom, 258 Cal. App. 2d 136, 153 (Ct. App. 1968). The attorney's action need not be the sole cause of the client's loss, just a substantial factor. See id. at 153 n.7. 149. See infra note 213 and accompanying text.
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      Results 1 - 10 for Federal Rules of Civil and Criminal Procedure with Safesearch on. (0.23 seconds) Ads by Google Federal Criminal Rules Federal Criminal Code and Rules 2009 Edition, $75.65 Free shipping. West.Thomson.com Local Court Rules For Lawyers - Find Current Law Requirements For US Courts! www.SmartRules.com/California Los Angeles, CA Federal civil procedure The FRCP and E-Dsicovery Free white paper here! ClearwellSystems.com California Tax Jackson Hewitt File Your Tax Free with E-File Tax Preperation Only As Low as $20 secure.jacksonhewitt.com/loc Los Angeles, CA Compliance with FRCP Legal grade email archiving system from MX Logic helps with compliance www.mxlogic.com Criminal Laws Expert in DUI, Drugs, Theft & More. 13 Yrs Criminal Defense. Call Now. www.SoCalCriminalLawyer.com Los Angeles, CA Buy the Book from Amazon Criminal law and procedure Free Shipping Avail. Aff www.amazon.com Federal Criminal Charges Federal Criminal Defense Firm Call If Feds Are Coming After You. McNabbAssociates.com Instant Criminal Records $18.95 Easy, Accurate, Confidential The Definitive Criminal Database IntegraScan.com California Custom Search Federal RulemakingFederal Rules of Civil Procedure (modified w/hyperlinks & bookmarks)(PDF). Federal Rules of Criminal Procedure (modified w/hyperlinks & bookmarks)(PDF) ... www.uscourts.gov/rules/newrules4.html LII: Federal Rules of Criminal ProcedureFederal Rules of Criminal Procedure (2009). (incorporating the amendment that took effect Dec. 1, 2008). I. APPLICABILITY. II. PRELIMINARY PROCEEDINGS ... www.law.cornell.edu/rules/frcrmp/ The United States House of Representatives Committee On The JudiciaryJurisdiction over measures relating to law, courts and judges, Constitutional amendments, immigration, patents and trademarks, interstate compacts, ... judiciary.house.gov/ Legal Information Institute at Cornell Law SchoolUpdates for Federal Rules: Evidence (Sept. 19, 2008), Civil Procedure, Criminal
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    that lawyers with previous experience before the Court prevail "substantially more often."57 Data from the Solicitor General's office also support this theory http://www.law.duke.edu/shell/cite.pl?48+Duke+L.+J.+111
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