Group items tagged

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

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

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

The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi

The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi

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

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

Estate of Coleman v. Casper Concrete Co. 1997 WY 64 939 P.2d 233 Case Number: 96-30 Decided: 05/19/1997 Supreme Court of Wyoming -------------------------------------------------------------------------------- Cite as: 1997 WY 64, 939 P.2d 233 -------------------------------------------------------------------------------- The ESTATE OF KEITH D. COLEMAN, Deceased, By and Through its Personal Representative, Janice Coleman, Appellant(Plaintiff), v. CASPER CONCRETE COMPANY, a Wyoming Corporation; and Skorcz Electric, Inc., a Wyoming Corporation, Appellees(Defendants). Appeal from the District Court, Natrona County, The Honorable Dan Spangler, Judge Representing Appellant: Dallas J. Laird, Casper; and Richard R. Jamieson, Casper. Representing Appellee: Richard R. Wilking, Casper; and Earl J. Hanson of Hanson, Roybal, Lee & Todd, P.C., Billings, for Appellee Casper Concrete Company. Rebecca A. Lewis of Lewis & Associates, P.C., Laramie, for Appellee Skorcz Electric, Inc. Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN,* and LEHMAN, JJ. * Chief Justice at time of oral argument. TAYLOR, Chief Justice. [¶1] In 1989, the State of Wyoming contracted with appellees to build a highway intersection and install traffic lights. In June of 1993, during a malfunction of those lights, a young man was killed in a collision with a drunk driver at the intersection. Although the State successfully sought shelter in immunity and the drunk driver eventually settled with the decedent's estate, suit survived against appellees on disparate theories of negligence, strict liability and res ipsa loquitur. From an adverse summary judgment, the decedent's estate prosecutes this appeal. We affirm. I. ISSUES [¶2] The decedent's mother, Janice Coleman, as personal representative of her son's estate (appellant), states the following issues: I. Whether the district court properly granted summary judgmen

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.

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

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.

California's Elder Abuse Act California's Elder Abuse Act has been in existence in its current state since 1991 and is officially known as the Elder and Dependent Adult Civil Protection Act (hereinafter "EADACPA" or simply, the "Elder Abuse Act"). The Elder Abuse Act, found at Welfare & Institutions Code §15600 et seq., sets forth a very detailed body of law that has since been interpreted by the California Supreme Court as providing for a distinct and recognized cause of action - that being a statutory cause of action for Elder Abuse and/or Neglect under Welfare & Institutions Code §15600 et seq. When properly proven, a claim for Elder Abuse and/or Neglect provides for certain enhanced remedies that are unwise unavailable under other common law causes of action. The Elder Abuse Act was created out of concern that the elderly members of our society are not receiving the care and attention they deserved - and are in fact being abused and neglected. In enacting the Elder Abuse Act, the California Legislature expressly recognized that elders (defined as a person greater than the age of 65) and dependent adults (generally defined as persons between the ages of 18 and 64 who confined to live in 24-hour medical facilities and/or who are not able to care for themselves due to medical disorders) are particularly subjected to abuse, neglect, or abandonment and that the state has a distinct responsibility to protect these persons. In its preamble, the Elder Abuse Act expressly states that the Legislature "desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment." (See, Welfare & Institutions Code §15600). The statute further states that most elders and dependent adults who are at the greatest risk of abuse or neglect by their caretakers suffer "physical impairment

California's Elder Abuse Act California's Elder Abuse Act has been in existence in its current state since 1991 and is officially known as the Elder and Dependent Adult Civil Protection Act (hereinafter "EADACPA" or simply, the "Elder Abuse Act"). The Elder Abuse Act, found at Welfare & Institutions Code §15600 et seq., sets forth a very detailed body of law that has since been interpreted by the California Supreme Court as providing for a distinct and recognized cause of action - that being a statutory cause of action for Elder Abuse and/or Neglect under Welfare & Institutions Code §15600 et seq. When properly proven, a claim for Elder Abuse and/or Neglect provides for certain enhanced remedies that are unwise unavailable under other common law causes of action. The Elder Abuse Act was created out of concern that the elderly members of our society are not receiving the care and attention they deserved - and are in fact being abused and neglected. In enacting the Elder Abuse Act, the California Legislature expressly recognized that elders (defined as a person greater than the age of 65) and dependent adults (generally defined as persons between the ages of 18 and 64 who confined to live in 24-hour medical facilities and/or who are not able to care for themselves due to medical disorders) are particularly subjected to abuse, neglect, or abandonment and that the state has a distinct responsibility to protect these persons. In its preamble, the Elder Abuse Act expressly states that the Legislature "desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment." (See, Welfare & Institutions Code §15600). The statute further states that most elders and dependent adults who are at the greatest risk of abuse or neglect by their caretakers suffer "physical impairment

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

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

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

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

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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.

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.

http://www.fulldisclosure.net/Programs/541.php news about judicial Corruption, audio news interviews

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

Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization

The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."

Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).

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

Negligent property owners may face criminal action Apr 1, 2009 Negligent county property owners that ignore or refuse requests from the Calloway County Property Protection Board to take action to alleviate dangerous conditions on their land may face criminal as well as civil action soon ... The Calloway County Property Protection Board is charged with contacting owners of property that present a danger to the public because of the physical condition of their property and taking civil action if necessary. (Murray Ledger & Times, KY) http://www.lawkt.com/files/Civil_Action.html

Disabled-Access Lawsuit Called 'Extortion' Mar 28, 2009 -- A local attorney who's filed hundreds of nearly identical lawsuits over handicapped access is being called an extortionist for his latest civil action. Scott Johnson, a quadriplegic, is suing Conover Auto Repair for not having proper parking. (KCRA 3, CA)