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Nye Frank

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

www.docstoc.com/...-NYU-School-of-Law---Pildusdoc

mandamus judicial discretion

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    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
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
Nye Frank

Winter, Thus, a request for information under the Freedom of Information Act n49 is a j... - 0 views

www.constitution.org/...winter_standing.htm

standing selfgovernance

shared by Nye Frank on 31 Jul 09 - Cached
  • The democracy conundrum The most appealing justification of standing law is that, in preserving the separation of powers, it protects the majoritarian political process from undue intrusion by the unelected judiciary. But not all issues are amenable to the political process. All too often, the inevitable consequence of a decision denying standing is "that the most injurious and widespread Governmental actions c[an] be questioned by nobody." n60 In those cases, standing law undermines the notion of accountability that supports a constitutional system premised on the rule of law. In Sections VI C and D, I propose a means of recapturing these values.
  • Nye Frank on 31 Jul 09
     
    The traditional answer places heavy emphasis on the function of the common law writ system to do the work now done by the concept of standing. n27 According to this analysis, the concept of standing could only arise after the breakdown of the writ system and of common law pleading. Standing then developed as an elaboration of the essence of the private causes of action previously embodied in the writs. n28 As such, the modern concept of standing, with its focus on injury-in-fact, is thought to be only the preservation of the private rights model n29 of adjudication known to the Framers.
  • ...5 more comments...
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
  • Nye Frank on 31 Jul 09
     
    On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w
Nye Frank

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

74.125.155.132/search

safe way for victims to report criminal

shared by Nye Frank on 29 Jul 09 - Cached
  • 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
  • Nye Frank on 29 Jul 09
     
    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
  • Nye Frank on 29 Jul 09
     
    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
  • Nye Frank on 29 Jul 09
     
    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
Nye Frank

federal statutes Honorable Dirk Kempthorne , James E. Cason, Secretary of the Interior ... - 0 views

74.125.155.132/search

42 USC civil rights violations

shared by Nye Frank on 27 Jul 09 - Cached
  • Nye Frank on 27 Jul 09
     
    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
  • Nye Frank on 27 Jul 09
     
    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
Nye Frank

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

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conspiracy

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
  • Nye Frank on 29 Jul 09
     
    This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud
Nye Frank

Civil Rights Claims In Wisconsin | Wisconsin Attorney's | PittsLaw.com - 0 views

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notice of claim 1983

shared by Nye Frank on 28 Jul 09 - Cached
  • 120 day notice of claim requirement, qualified immunities for discretionary conduct by governmental employees, and a limitation of damages provision in the amount of $50,000.00 that applies to most state law claims
  • Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff’s clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police).  
  •   The Wisconsin Supreme Court has held that the $50,000.00 municipal liability cap on damages prescribed by Wis. Stat. § 893.80(3) does not apply in a civil rights lawsuit.  Thompson v. Village of Hales Corners, 115 Wis. 2d 289, 340 N.W.2d 704 (1983). Wisconsin’s state law that puts a $350,000 cap on damages for loss of society and companionship arising out of the death of an adult family member or a $500,000 cap on damages for loss of society and companionship of a minor is likewise inapplicable in a civil rights case. Bell v. City of Milwaukee, 746 F.2d 1205 (7th Cir. 1984
  • Nye Frank on 28 Jul 09
     
    Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff's clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police). 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
Nye Frank

Illinois Pro Bono | Senior Citizens Handbook - Protection from Abuse and Neglect - 0 views

www.illinoisprobono.org/index.cfm

senior handbood

shared by Nye Frank on 30 Jul 09 - Cached
  • Nye Frank on 30 Jul 09
     
    PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A
  • Nye Frank on 30 Jul 09
     
    PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A
Nye Frank

Title II of the Americans with Disabilities Act of 1990 Civil Rights Division Home Page - 0 views

www.usdoj.gov/...polmis.php

civil rights police misconduct deny color of the law

shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    Federal Criminal Enforcement It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.
  • ...1 more comment...
  • Nye Frank on 15 Apr 09
     
    Federal Criminal Enforcement It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. These laws prohibit discriminatory treatment, including excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of
  • Nye Frank on 15 Apr 09
     
    Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. These laws prohibit discriminatory treatment, including
  • Nye Frank on 15 Apr 09
     
    What information should I include in a complaint to DOJ? Your complaint, whether alleging violations of criminal or civil laws listed in this document, should include the following information: Your name, address, and telephone number(s). The name(s) of the law enforcement agency (or agencies) involved. A description of the conduct you believe violates one of the laws discussed above, with as many details as possible. You should include: the dates and times of incident(s); any injuries sustained; the name(s), or other identifying information, of the officer(s) involved (if possible); and any other examples of similar misconduct. The names and telephone numbers of witnesses who can support your allegations. If you believe that the misconduct is based on your race, color, national origin, sex, religion, or disability, please identify the basis and explain what led you to believe that you were treated in a discriminatory manner (i.e., differently from persons of another race, sex, etc.). Reproduction of this document is encouraged.
Nye Frank

Department of Justice, State of Oregon - Victim Assistance Programs - 0 views

www.doj.state.or.us/...vap.shtml

victim advocacy DA

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    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/
  • Nye Frank on 22 Apr 09
     
    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/
Nye Frank

prosecuting the prosecutors misconduct - Google Scholar - 0 views

scholar.google.com/scholar

shared by Nye Frank on 07 Mar 09 - Cached
  • Nye Frank on 07 Mar 09
     
    Scholar All articles - Recent articles Results 1 - 10 of about 4,890 for prosecuting the prosecutors misconduct . ( 0.09 seconds) Prosecuting Police Misconduct : Reflections on the Role of the US Civil Rights Division A Agathocleous - 1998 - ncjrs.gov ... to say about the nature of police misconduct and about strategies prosecutors can employ ... The focus is on the Federal role in prosecuting police misconduct ... Cited by 4 - Related articles - Cached - Web Search - Library Search - All 2 versions [BOOK] The Japanese way of justice: prosecuting crime in Japan DT Johnson - 2001 - books.google.com ... authority and discre- tion than has an American prosecuting attorney. ... prosecutors in Japan seem to engage in less misconduct than prosecutors in America ... Cited by 34 - Related articles - Web Search - Library Search - BL Direct - All 3 versions Violated trust: Conceptualizing prosecutorial misconduct H Schoenfeld - Journal of Contemporary Criminal Justice, 2005 - ccj.sagepub.com ... Criminal sanctions for misconduct are practically nonexistent ... initiating criminal proceedings against prosecutors , yet doing ... tanta- mount to prosecuting one of ... Cited by 7 - Related articles - Web Search - BL Direct - All 2 versions The ethical prosecutor's misconduct RN Jonakait - Criminal Law Bulletin, 1987 - ncjrs.gov ... of prosecutorial misconduct . Instead, the forces that impel it exist in routine cases for ordinary prosecutors . (Author abstract). Main Term(s): Prosecuting ... Cited by 2 - Related articles - Cached - Web Search Courtroom Misconduct by Prosecutors and Tri
Nye Frank

Criminology, Law Enforcement, Elder Abuse, and Senior Victimization - 0 views

www.ncea.aoa.gov/...07CriminologyAnnotatedBib.aspx

Elder Law Strangulation Mandates Corruption

shared by Nye Frank on 07 Mar 09 - Cached
  • Law Enforcement and Adult Protective Services Working Together: A Team Approach to Elder Abuse CasesAge in Action; Vol. 19 (3), Summer 2004.Journal article (scholarship)This article highlights the Central Virginia Task Force on Older Battered Women (OBW Task Force), a regional coalition of aging, domestic violence (DV), law enforcement, and legal services agencies dedicated to raising awareness of the needs of women who experience domestic violence/intimate partner violence and sexual assault in later life. Established in 1998, the project focuses on developing collaborative and interdisciplinary community responses to address violence against older women. A case study is presented from Henrico County that illustrates how adult protective services (APS) and the police department conducted a joint investigation of a sexual assault of a 65 year old assisted living facility resident. The following key elements for successful collaboration were identified: the need for all members to understand and respect the expertise and distinct role of each member; the need for investigators to attempt to conduct joint interviews whenever possible; and to the need to ensure that time and resources are shared effectively. (Note: This article is available online only at:   http://www.vcu.edu/vcoa/ageaction/AGEsu04.htm.) 2003 P5623-25Heisler, C. & Stiegel Enhancing the Justice System's Response to Elder Abuse: Discussions and Recommendations of the "Improving Prosecution" Working Group of The National Policy Summit on Elder Abuse Journal of Elder Abuse and Neglect; Vol. 14 (4), 31-54; 2002.**Journal article (scholarship)This article elaborates upon two of the recommendations identified through the "Improving Prosecution" working group session of the National Policy Summit on Elder Abuse (December 2001, Washington, D.C.): "improving the legal landscape by strengthening elder abuse laws" and "increasing awareness within the justice system." The following topics were considered: the role of the federal and state governments in increasing elder abuse reporting and enhancing prosecution; the need for expert witnesses, support, and technical assistance; the identification of barriers to accessing the criminal justice system; the improvement of outcomes in criminal cases; and the need for training of law enforcement, prosecutors, judges, coroners, court personnel, and advocates. The authors also provide a historical perspective on the response of the criminal justice system to elder abuse, which was initially minimal, based in part upon the underreporting of the problem. P5404-88* Johnson, K., for the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS
Nye Frank

Statutory Protection of Older Persons - Accidents and Injuries - 0 views

injury.findlaw.com/...utory-protection-of-elder.html

elder statutory laws

shared by Nye Frank on 29 Jul 09 - Cached
  • In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime.
  • All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
Nye Frank

http://209.85.173.132/search?q=cache:Md5n4cAuJFwJ:www.ojp.usdoj.gov/ovc/publications/in... - 0 views

209.85.173.132/search

judicial training elder abuse

shared by Nye Frank on 13 Apr 09 - Cached
  • Nye Frank on 13 Apr 09
     
    victim rights
  • Nye Frank on 13 Apr 09
     
    Establishment of Victims' Rights Policy Coalitions: New Directions can serve as the basis for creating victims' rights policy coalitions composed of a broad membership of victim activists, victim advocates, justice system representatives, and allied professionals who share a common interest of implementing the recommendations set forth in New Directions to enhance victims' rights. Coalitions can be formed to pass single legislative measures, or can become ongoing coalitions of crime victims, victim advocates, and justice officials as an undeniable force in all criminal and juvenile justice-related policy to the benefit of each constituency. Once established, such coalitions could expand their efforts beyond legislation to play a role in assessing and promoting implementation of victims' rights laws statewide. http://209.85.173.132/search?q=cache:Md5n4cAuJFwJ:www.ojp.usdoj.gov/ovc/publications/infores/newdirections2000/ascii/global.txt+protocol+for+law+enforcement+responding+to+victims+of+elder+crime+in+california,+judge+training+manual&cd=6&hl=en&ct=clnk&gl=us
Nye Frank

Center Court - 0 views

209.85.173.132/custom

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

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

www.rivcoda.org/...041508.html

crime victim awards Riverside county Rod Pacecho

shared by Nye Frank on 20 Apr 09 - Cached
  • Nye Frank on 20 Apr 09
     
    Mission Statement About the DA Administration Office Divisions Office Locations Common Questions Employment Opportunities Site Map Meet the DA Accomplishments of the DA Western Division Eastern Division Southwest Division Programs DA Newsletter Press Releases Riverside County Most Wanted Fugitives Marsy's Law Services Available Division of Victim Services Locations Victim Rights Project Victims' Rights Week Victim Impact Statements Reimbursement for Crime Victims Guide to the Criminal Justice System Witness Rights Being a Witness In Court Courthouse Locations Recycled Cell Phones Family Justice Center Locations Riverside Center Southwest Center History of the Bureau Child Recovery Unit Unidad De Recuperación De Menores Riverside County Most Wanted Fugitives Office Locations Employment Opportunities Frequently Asked Questions Child Abduction Resources Successful Recovery Story Preguntas Hechas Con Frecuencia Recursos de Secuestro de Menores Historia de una Recuperacion Exitosa Brochures & Publications Consumer Information Identity Theft Bad Checks Missing Children Megan's Law SAFE Task Force Related Links Gang Injunctions Local Law Enforcement Agencies East Side Riva Barrio Dream Home DA Newsletter Press Releases Opinion Editorials DA Newsletter Press Releases Opinion Editorials For Immediate Release ( print version ) Contact: Ingrid Wyatt Public Information Officer (951) 955-5626 DISTRICT ATTOR
Nye Frank

Who would of dreamed Nye Frank 68 would be attacked and dead by 10:30 am - 0 views

www.azete.com/essays

force physical elder abuse law Nye Frank Riverside County Supervisors DA

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    We were so happy in the early morning but a celebrating our new home. Who would of dreamed Nye Frank 68 would be attacked and dead by 10:30 am. He never got to sleep one night in the new home he built . He moved his shop in the day before and stated everything was in a perfect place.
  • Nye Frank on 24 Jul 09
     
    We were so happy in the early morning but a celebrating our new home. Who would of dreamed Nye Frank 68 would be attacked and dead by 10:30 am. He never got to sleep one night in the new home he built . He moved his shop in the day before and stated everything was in a perfect place.
  • Nye Frank on 31 Aug 09
     
    http://www.fulldisclosure.net/Programs/541.php news about judicial Corruption, audio news interviews
Sarah Usher

I Have Help and I Become a Police Officer - 1 views

I want to follow the footsteps of my father who was a decorated police officer. Not wanting to embarrass the reputation he has diligently planted in the police force, I decided to seek the help of ...

police careers

started by Sarah Usher on 19 Jul 11 no follow-up yet
Anne White

I Passed the UK Police Recruitment for 2011 - 1 views

I really wanted to become a police officer, not because being a police officer is exciting, but, because I knew being a police officer is a noble profession and I wanted to make a difference in the...

started by Anne White on 11 Oct 11 no follow-up yet
Nye Frank

Position Outline for Elder Abuse Policy (Rough Draft) - 0 views

74.125.155.132/search

district attorney elder draft rough

shared by Nye Frank on 27 Jul 09 - Cached
  • 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
  • Nye Frank on 27 Jul 09
     
    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
  • Nye Frank on 27 Jul 09
     
    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
Nye Frank

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

www.jurispub.com/...fines-wisconsin-evidence

book law index evidence

shared by Nye Frank on 26 Jul 09 - Cached
  • Nye Frank on 26 Jul 09
     
    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
  • Nye Frank on 26 Jul 09
     
    earchable access to it via our online collection of publications. Book Overview Table of Contents Chapter 901 General Provisions 901.01 Scope 901.02 Purpose and Construction 901.03 Rulings on Evidence 901.04 Preliminary Questions (1) Judge Determines Admissibility (2) Admissibility when Relevancy Conditioned on Fact (3) Hearing out of Jury's Presence (4) Testimony by Accused (5) Weight and Credibility 901.05 Admissibility of AIDS Test Results 901.053 Admissibility of Helmet - Wearing Evidence 901.055 Admissibility of Lead-in-Dust Testing Evidence 901.06 Limited Admissibility 901.07 Rule of Completeness Chapter 902 Judicial Notice 902.01 Judicial Notice of Adjudicative Facts 902.02 Judicial Notice of Foreign Laws 902.03 Ordinances and Administrative Rules Chapter 903 Presumptions 903.01 Presumptions in General 903.03 Presumptions in Criminal Cases Chapter 904 Relevancy 904.01 Definition of "Relevant Evidence" 904.02 Relevant Evidence Generally Admissible 904.03 Exclusion of Relevant Evidence 904.04 Character Evidence Not Admissible to Prove Conduct (1) Character Evidence Generally (a) of the Accused (b) of the Victim (c) of the Witness (2) Other Crimes, Wrongs, or Acts 904.05 Methods of Proving Character (1) Reputation or Opinion (2) Specific Instances of Conduct 904.06 Habit, Routine 904.07 Subsequent Remedial Measures 904.08 Compromise and Offers to Compromise 904.085 Communications in Mediation 904.09 Payment of Medical and Similar Expenses 904.10 Offers to Plead Guilty or No Contest; Withdrawn Guilty Pleas 904.11 Liability Insurance 904.12 Statement of Injured Person 904.13 Information Concerning Crime Victims 904.15 Communications in Farmer Assistance Programs Chapter 905 Privileges 905.01 Privileges Recognized Only as Provided 905.015 Use of Interpreter for Privileged Communi
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