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The Federalist Society » Publications - The 9/11 Victim ... Profuse, critical, even bitter public comments followed the Government's publication in December of the interim rules by which the Victim Compensation Fund ... www.fed-soc.org/publications/PubID.136/pub_detail.asp - 13k - Cached - Similar pages - The Official Criminal Injuries Compensation Fund Home Page The CICF staff is committed to getting crime victim compensation claims ... The cost of property loss is not compensable through the Criminal ... Contact Us | Web Policy | © 2007, All Rights Reserved. Criminal Injuries Compensation Fund. www.cicf.state.va.us/ - 10k - Cached - Similar pages - victim comp Funds to pay crime victim compensation claims do not come from taxpayers. ... Article 4.1, Crime Victim Compensation and Victim Witness Rights ... in which the victim sustains mental or bodily injury, dies, or suffers property damage to ... dcj.state.co.us/OVP/comp_english.htm - 20k - Cached - Similar pages - Lets have crime victims` compensation fund in Ghana - modernghana ... Jul 14, 2007 ... The victims might have lost his or her property or been injured or even lost a beloved one. .... involves the violation of one or the other of the victim's rights. A CALL FOR CRIME VICTIMS' COMPENSATION FUND Continued ... www.modernghana.com/blogs/139192/31/lets-have-crime- victims - compensation - fund -in-ghana.html - 42k - Cached - Similar pages - Crime Victim Compensation (16.576) | Federal Grants Wire Crime Victim Compensation (16.576) OFFICE OF JUSTICE PROGRAMS, OFFICE FOR VICTIMS OF CRIME, DEPARTMENT OF JUSTICE. ... for the Crime Victims Fund, other than amounts awarded for property damage. .... Fiscal year 2002 compensation funds may be carried forward for ... 2009 Federal Grants Wire, A

Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389

With all due respect to Dr. Herbert Modlin, his thesis does not do justice to the manyinnocent accident victims who suffer pain in silence, with indescribable sadness and with despair.Reactions to traumatic events effect people biologically, psychologically and socially. As23Hoffman, et al., state ,24"At the psychological level, traumatic reactions affect thinking, feeling andbehaviour. In the acute phaseafter a period of shock theremaybe anxiety, insomnia,nightmares,sensitivityto noise, fatigueandpain intrusiverecollectionsofthetraumain thoughts or images, either spontaneously or when reminded of the trauma. In thelong term there may be emotional disability (with or without physical injury) that iscomplicated by depression, irritability, philosophical pessimism, loss of hope anddecreased expectations in life, which eventually lead to personality change."(Underlining mine)According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation

According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation only if an injured person'simpairments were physical in nature. Claims for emotional distress unadorned with any physicalcomponent resulted in the claim being dismissed.However, if the emotional distress claim could be characterized as a "chronic pain claim"with both physical and psychological aspects, compensation was permitted (see in this regard,Chrappa v Ohm).During the OMPP era plaintiffs' counsel went to great lengths to meld26psychological distress with a physical component in order to be free of the rigid straightjacket of theOMPP threshold.With Bill 164, which took effect on January 1, 1994 and governed motor vehicle accidentcases until October 31, 1996, there was no impediment to obtaining compensation for a "seriousimpairment of an important physical, mental or psychological function". Bill 59 (which applies tomotor vehicle accidents between November 19

Results 1 - 10 of about 6,840 for victim restitution funds , victims right to jury trial if denied . ( 0.43 seconds) Did you mean: victim restitution funds, victims right to jury trial is denied Search Results [DOC] Chapter 3 - 6 visits - Apr 21 File Format: Microsoft Word - View as HTML It reminds the judge, jury, court personnel, and parole boards of the real ..... Restitution is the oldest victim right. The concept of restitution dates back ..... hearings at which they were denied the opportunity to receive notice, ..... by the Crime Victims Fund, which is administered by the Office for Victims ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20 Victims '%20 Right s.doc - Similar pages - [DOC] Draft changes to Ohio Revised Code 2930 & related Victim Rights - 2 visits - Mar 28 File Format: Microsoft Word - View as HTML Oct 1, 2008 ... A few Ohio judges have denied the right of victims to present both an oral and ... 8) Summary - Victims will have the right to restitution through a mandatory ... If a motion is made for modification of a restitution order, ... the Ohio Victim Compensation Fund, that restitution amount shall be paid ... www.ovwa.org/_uploaded/69.doc - Similar pages - [PDF] THE VICTIM IN THE CRIMINAL JUSTICE SYSTEM File Format: PDF/Adobe Acrobat - View as HTML then be communicated to the issuing body (judge or grand jury). ... sentencing, the judge denied victims the right to speak. ... noted earlier, victims controlled the trial of their victimizer, but as the state took on the .... received in crime victim compensation funds. Unlike restitution and compensation ... meetings.abanet.org/webupload/commupload/CR300000/newsletterpubs/ victims report.pdf - Similar pa

A defendant may be released on bail for all offenses except capital crimes. Public safety is the primary consideration in setting the bail amount. The court must conduct a hearing before deviating from the scheduled bail for a violent felony or for threatening a witness in a rape, domestic violence or criminal threat case. The court must state its reasons for deviating from the bail schedule. (Cal.Const Art. 1 Sect. 28, PC 1270.1, and PC 1275.)In violent felony cases, the district attorneys office, Division of Victim Services and the probation department are responsible for notifying victims and witnesses that they can request notification regarding the defendant's release. The Division of Victim Services will provide the forms to those victims and witnesses. (PC 679.03(a).)Inmates convicted of murder, voluntary manslaughter, life cases, stalking or a case where the defendant inflicted great bodily injury, cannot be released on parole within 35 miles of a victim or witness. However, the victim or witness must file the appropriate form with CDCR, and CDCR must find there is a need to protect the safety and well being of the victim or witness. (PC 3003.)Upon request, when a defendant is sent to state prison, the victim or next of kin will be notified of the defendant's release to work furlough or a reentry program at least 60 days prior to placement. If the inmate escapes, the victim must be given immediate notification. The victim should keep his or her request and current address on file using a form that can be obtained through the Division of Victim Services. (PC 679.02(a)(6), PC 11155.)The Right to be Protected13 -------------------------------------------------------------------------------- Page 17 An employer with more than 25 employees may not discriminate against an employee who has been a victim of a sex crime or domestic violence when that employee seeks medical attention or counseling. (LC 230.1.)Employers must allow crime victims or family members t

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

The victory of workers and former workers at the uranium refinery in Fernald, OH, in reaching a settlement in Day v. National Lead Co. of Ohio suggests tactics for similar lawsuits elsewhere. Based primarily on a theory of intentional tort but also on emotional distress and a fraud claim, the workers overcame the workers' compensation bar to tort claims and won compensation, medical monitoring for the rest of their lives, and guarantees the employer will not oppose future claims. Defense tactics are explored. In July 1994, workers and former workers at the Fernald, Ohio, uranium refinery

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

Oregon Crime Victim Rights Compliance Portal http://www.oregoncrimevictimsrights.org/ Crime Victim's Compensation Program http://www.doj.state.or.us/crimev/comp.shtml Attorney General's Sexual Assault Task Force http://www.oregonsatf.org/ Crime Victim Assistance Network (CVAN) http://www.oregonvictims.org/ National Criminal Justice Reference Service (NCJRS) http://www.ncjrs.gov/ National Center for Victims of Crime (NCVC) http://www.ncvc.org/ncvc/Main.aspx National Crime Victim Law Institute (NCVLI) http://www.ncvli.org/ National Organization for Victim Assistance ( NOVA) http://www.trynova.org/ Office for Victims of Crime (OVC) http://www.ojp.usdoj.gov/ovc/ The National Victim Notification Network http://www.appriss.com/VINE.html Justice Solutions http://www.justicesolutions.org/art_pub.htm#impact Free Management Library http://www.managementhelp.org/ National Association of Volunteer Programs in Local Government http://www.navplg.org/

Oregon Crime Victim Rights Compliance Portal http://www.oregoncrimevictimsrights.org/ Crime Victim's Compensation Program http://www.doj.state.or.us/crimev/comp.shtml Attorney General's Sexual Assault Task Force http://www.oregonsatf.org/ Crime Victim Assistance Network (CVAN) http://www.oregonvictims.org/ National Criminal Justice Reference Service (NCJRS) http://www.ncjrs.gov/ National Center for Victims of Crime (NCVC) http://www.ncvc.org/ncvc/Main.aspx National Crime Victim Law Institute (NCVLI) http://www.ncvli.org/ National Organization for Victim Assistance ( NOVA) http://www.trynova.org/ Office for Victims of Crime (OVC) http://www.ojp.usdoj.gov/ovc/ The National Victim Notification Network http://www.appriss.com/VINE.html Justice Solutions http://www.justicesolutions.org/art_pub.htm#impact Free Management Library http://www.managementhelp.org/ National Association of Volunteer Programs in Local Government http://www.navplg.org/

Law, Tort, Administrative, Hate Crimes, Corruption, Sheriff,

Victim Rights in California [ TOP ] Victims of crime and the families of homicide victims have the right to: Know the current status of your court case. Be assisted if called as a witness. Attend all sentencing proceedings. Speak in person; address the court in writing; or be represented by an attorney at the time of felony sentencing to express your views concerning the defendant, the crime, and its effects on you and your family. Have the court order restitution from the convicted person. Request the Board of Prison Terms to provide notice of any hearing to review or consider parole eligibility or parole-setting for prisoner(s) in your case. You must keep the Board of Prison Terms informed of your current address if you wish to be notified. Speak personally; submit a letter, tape recording or video tape; or send an attorney to the parole hearing to express your views about the crime and the person responsible. Program Services Available [ TOP ] The following mandatory and optional services, mandated by the Office of Emergency Services, are provided: Mandatory Services Crisis Intervention Emergency Assistance Resource and Referral Assistance Follow-up Assistance Property Return Assistance Orientation to the Criminal Justice System Victim Impact Statement Assistance Court Escort/Court Support Case Status/Case Disposition Information Notification of Family/Friends Employer Notification Victim of Crime Claims Assistance Restitution Assistance Optional Services Creditor Intervention Child Care Assistance Witness Notification Funeral Arrangement Assistance Crime Prevention Information Witness Protection Assistance Temporary Restraining Order Information Transportation Assistance Court Waiting Area Employer Intervention Language Capabilities: Confidential language service available to translate all languages. State Victim of Crime Compens

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

1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 C

1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 CENT

There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a

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

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

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

Did you mean: standard of review evidence in elder homicide, victims right to trial over 65 Search Results[DOC] Chapter 3 - 5 visits - Jan 3File Format: Microsoft Word - View as HTML For victims and survivors of violent crime and for homicide victims for current and ... Claimants use the compensation funds over the long term. ... of victim population groups for whom speedy trial rights are particularly important. ..... Elder protection programs that assist victims of elder abuse and neglect. ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20Victims'%20Rights.doc - Similar pages - [PPT] Responding to Crimes Against Elder Victims: A Program for TrainersFile Format: Microsoft Powerpoint - View as HTML Others with highest percentages of folks over 65 are: ..... Found incompetent to stand trial and dangerous to self and others ... Standards. Civil v. Criminal. APS/Law Enforcement. Victim/Client .... Homicide and the ME refused to come to the scene. Evidence .... Right from wrong, truth vs.. lie, suggestibility ... elder.law.stetson.edu/Professionals/crimeprevention_powerpoints/Elder%20Abuse%20Trainer%20package.ppt - Similar pages - Homicidal smothering: vital histological confirmation of orofacial ...Apr 29, 2008 ... evidence in the subsequent criminal trial. Discussion ... Although homicides in those over 65 years ... be feasible and morphology was excellent using standard ... homicide victims: a 10-year medical examiner review. J Forensic ... elderly homicide victims in New York City. Am J Public Health. ... www.springerlink.com/index/q87305r037563323.pdf - Similar pages - by SM Wills - Related articles Hill v. State 124 Nev. Adv. Op. No. 52 (2008)Jul 24, 2008 ... The trial jury found Hill guilty and the district court imposed a sentence of life ... Standard of review. In Dettloff v. State, we noted that it is ... important procedural rights if there is substantial evidence in the ... and for committing a crime against an eld

Home Complaints/Parties Actions Minutes Pending Hearings Case Report Images Case Type Case Number Results In Same New Window Case RIC512723 - FRANK VS RIVERSIDE DISTRICT ATTORNEY'S OFFICE Complaint Number: 1 Complaint Type: Petition Filing Date: 11/12/2008 Complaint Status: ACTIVE Party Number Party Type Party Name Attorney Party Status 1 Petitioner LEOTA ANN FRANK Pro Per Fees Waived 6 Petitioner LEE FRANK Pro Per 2 Respondent RIVERSIDE DISTRICTATTORNEY'S OFFICE COUNTY COUNSEL Serve Required (WaitS) 3 Respondent RIVERSIDE SHERIFF OFFICE COUNTY COUNSEL Serve Required (WaitS) 4 Respondent ADULT PROTECTIVE SERVICES COUNTY COUNSEL Serve Required (WaitS) 5 Respondent CA VICTIMS COMPENSATION PROGRAM Unrepresented Serve Required (WaitS) 7 Respondent DAIMA CALHOUN KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 8 Respondent MICHAEL RUSHTON KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 9 Respondent CECELIA PLACENCIA KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 10 Respondent KIM EMMERLING KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 11 Respondent STANLEY SNIFF, KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 12 Respondent JOHN SCHULTZ KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 13 Respondent DAN WILHELM KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 14 Respondent JESSE MARTINEZ KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 15 Respondent ANDRE O'HARA, KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 16 Respondent E.H. DENNY, KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 17 Respondent MARK FAJARDO, M.D., Unrepresented Serve Required (WaitS) 18 Respondent BOARD OF SUPERVISORS KINKLE, RODIGER, &SPRIGGS Serve Required (WaitS) * a: Amazon * d: Download Squad * f: Facebook * g: Digg * l: Lifehacker * m: Masha

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 - [

Joe Banana So. Cal. Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit.

Nye Frank Racing Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit. feed:/

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

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

DA staff, DA victims advocate entire staff including manager, prosecutor, sheriff department, Court records, probation department, zero help from Attorney General, Fire Department, Internal affairs. The more corrupt they got promoted. Mike Rushton who was a homicide detective denied investigation, called a 40 year gap, elder zero history of fighting mutual combat, denied victims funds got promoted to a judge. The prosecutor (and head homicide) detective that the father of the killer tells how he got help high up in DA office also got promoted. Now in San Bernardino with the attorney that transfered a elders property to a friend of hers (maybe family???) instead of the elders child. She became trustee after his death it looks like on the title records and the deed is not his signature. What a team these two can make to prevent justice. Ty Reddish was on summary probation I asked the DA office to let the judge know. They did not do it so I wrote the head judge and asked to go to Ty Reddish probation hearing. He waited till afterwards and said we have to ask the DA. When there is zero oversight you get corruption just like we have. My mom and I have been denied all rights, services, even had the DA steal from my mom in keeping the Victims compensation . The Riverside County Supervisors looks like on web that they keep the money 3 years then claim it as unclaimed funds. That is not the purpose of the funds but there is no oversight. My dad was a famous race car builder and had a very good contract to build 3 off road pro trucks. Rod Pacheco was recently in news with it saying one of his promoters using elder funds for Rod Pacheco. The San Bernardino Care program is known for corruption and did not provide services for Nye who was 68. The killer of my dad stayed in jail 24 hours. He came out and stalked us and our neighbors with his family. The temp judge car seen there in the evenings. No criminal case number so I could not even start a lawsuit. After seeing how bad

Do not count on authorities to help in Elder Abuse. Help your family members by educating yourself and teaching the neighbors how to watch out for each other. My dad was killed in front of my mom in Riverside County. Systemic Corruption is not a big enough statement.