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Nye Frank

related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - ... - 0 views

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self litigation courts elders pro se legal clinic how to

shared by Nye Frank on 06 Mar 09 - Cached
  • Nye Frank on 06 Mar 09
     
    1 Web Images Maps News Video Gmail more ▼ Shopping Groups Books Scholar Finance Blogs YouTube Calendar Photos Documents Reader Sites even more » crystalfinancial@gmail.com | Web History | My Account | Sign out Google Advanced Search Preferences Web Results 1 - 10 of about 4,940 for legal clinic helps self represented litigants for elders . ( 0.31 seconds) Search Results Self-Representation Resource Guide Jan 13, 2009 ... "Self Represented Litigants and Court and Legal Services Responses to their Needs: What We ... Provides links to various legal hotlines for the elderly. ... Starting a Court-Based Self Help Center: 12 Core Resources. ... www.ncsconline.org/wc/CourTopics/ResourceGuide.asp?topic=ProSe - 61k - Cached - Similar pages - [PDF] ACTION PLAN TO ASSIST SELF-REPRESENTED LITIGANTS File Format: PDF/Adobe Acrobat - View as HTML San Francisco's Action Plan will serve self-represented litigants in San ... collection, traffic, guardianship issues, and court services for elders ... (a) We are currently providing most self-help services at the Civic Center ... Cooperative Restraining Order Clinic, Volunteer Legal Services Program and Eviction ... www.courtinfo.ca.gov/programs/equalaccess/documents/san_francisco.pdf - Similar pages - [PDF] Notes from the Mini White House Conference on Aging Session File Format: PDF/Adobe Acrobat - View as HTML The private bar is more involved in legal services for elders ... of legal assistance to self-represented litigants, including exploration of the role of ... www.whcoa.gov/about/des_events_reports/ Legal %20Services%20Min
Nye Frank

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

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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
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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

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appeal motion rule

shared by Nye Frank on 02 Aug 09 - Cached
  • Nye Frank on 02 Aug 09
     
    Page 1 Page 2 1 3/8/05 Commentary on The Rules of Practice of the Court of Appeals 22 NYCRR part 500, Effective September 1, 2005 A. Structure The Rules of Practice of the Court of Appeals apply to civil and noncapital criminal appeals, motions, criminal leave applications and certified questions from the Supreme Court of the United States, United States courts of appeal and state courts of last resort. The Court of Appeals recently rescinded in its entirety 22 NYCRR part 500 and approved a new part 500 which will be effective September 1, 2005. In addition to reflecting substantive changes and additions to the old Rules of Practice, the new Rules are organized into broad categories to eliminate duplication and provide a more logical sequence. New Rules 500.1 through 500.8 set out requirements applicable to all filings under these Rules. New Rules 500.9 through 500.19 relate to civil and noncapital criminal appeals. New Rule 500.20 contains procedures concerning criminal leave applications. Motions are addressed in new Rules 500.21 through 500.24. Orders to show cause, the Primary Election Session and certified questions are addressed in new Rules 500.25, 500.26 and 500.27, respectively. Finally, old Rule 500.13, relating to real property actions, was deleted as unnecessary. Page 3 2 B. General Requirements 500.1 General Requirements [Old Rule 500.1] New Rule 500.1 states the general requirements for papers submitted to the Court of Appeals. The Rule generally applies to "papers filed," which is defined in section 500.1(b) as all briefs, papers filed pursuant to sections 500.10 (Examination of Subject Matter Jurisdiction) and 500.11 (Alternative Procedure for Selected Appeals), motion papers and appendices. The typeface and font requirements match those recently adopted by the Appellate Division Departments following repeal of the portion of CPLR 5529 that set out specifications for such matters. New Rule 500.1(h) informs self-represented litigants that illegibl
  • Nye Frank on 02 Aug 09
     
    Page 1 Page 2 1 3/8/05 Commentary on The Rules of Practice of the Court of Appeals 22 NYCRR part 500, Effective September 1, 2005 A. Structure The Rules of Practice of the Court of Appeals apply to civil and noncapital criminal appeals, motions, criminal leave applications and certified questions from the Supreme Court of the United States, United States courts of appeal and state courts of last resort. The Court of Appeals recently rescinded in its entirety 22 NYCRR part 500 and approved a new part 500 which will be effective September 1, 2005. In addition to reflecting substantive changes and additions to the old Rules of Practice, the new Rules are organized into broad categories to eliminate duplication and provide a more logical sequence. New Rules 500.1 through 500.8 set out requirements applicable to all filings under these Rules. New Rules 500.9 through 500.19 relate to civil and noncapital criminal appeals. New Rule 500.20 contains procedures concerning criminal leave applications. Motions are addressed in new Rules 500.21 through 500.24. Orders to show cause, the Primary Election Session and certified questions are addressed in new Rules 500.25, 500.26 and 500.27, respectively. Finally, old Rule 500.13, relating to real property actions, was deleted as unnecessary. Page 3 2 B. General Requirements 500.1 General Requirements [Old Rule 500.1] New Rule 500.1 states the general requirements for papers submitted to the Court of Appeals. The Rule generally applies to "papers filed," which is defined in section 500.1(b) as all briefs, papers filed pursuant to sections 500.10 (Examination of Subject Matter Jurisdiction) and 500.11 (Alternative Procedure for Selected Appeals), motion papers and appendices. The typeface and font requirements match those recently adopted by the Appellate Division Departments following repeal of the portion of CPLR 5529 that set out specifications for such matters. New Rule 500.1(h) informs self-represented litigants that illegibl
Nye Frank

THE CANADIAN INSTITUTE Litigating Personal Injury Damages DAMAGES FOR EMOTIONAL DISTRES... - 0 views

209.85.173.132/custom

tort emotional pain

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389
  • ...4 more comments...
  • Nye Frank on 23 Apr 09
     
    In addition, the7judicial system has proven time and again the capacityto differentiate between deserving cases andgroundless actions. The appropriate response, when concerned about fraudulent lawsuits, is avigorous pursuit of the truth, not in the abdication of judicial responsibility.8 -------------------------------------------------------------------------------- Page 5 Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for "nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant."See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable p
  • Nye Frank on 23 Apr 09
     
    In addition, the7judicial system has proven time and again the capacityto differentiate between deserving cases andgroundless actions. The appropriate response, when concerned about fraudulent lawsuits, is avigorous pursuit of the truth, not in the abdication of judicial responsibility.8 -------------------------------------------------------------------------------- Page 5 Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for "nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant."See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psyc
  • Nye Frank on 23 Apr 09
     
    A claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psychiatric illness.12 -------------------------------------------------------------------------------- Page 6 McLoughlin v. Arbor Memorial Services Inc. [2004] O.J. No. 5003.13Enunciated by the House of Lords in White v. Chief Constable of South Yorkshire, [1998] 314W.L.R. 1509 (H.L.), and approved by MacPhearson J.A. in Vanek v. Great Atlantic and Pacific Companyof Canada Limited (1999) 48 O.R. (3d) 228 (O.C.A.).Ibid.15A.What is meant by "foreseeable"?Foreseeability has generally been interpreted as what a "reasonable person" would foresee.In thecontext of an accident,foreseeableemotional distress meanspsychiatricinjuryas areasonablyforeseeable consequence of exposure to the trauma of the accident and its aftermath.13In general, the law expects its citizens to be reasonably robust and hesitates to imposeliabilityfor the exceptional frailtyof certain individuals. Before beingheld to be in breach of a dutyto an accident bystander, a defendant must have exposed him to a situation where it was reasonablyforeseeablethat apersonof reasonable robustness andfortitudewouldbelikelyto suffer psychiatricinjury.14The Ontario Court of Appeal addressed this issue in Vanek v. Great Atlantic & Pacific Co.Of Canada Limited ("Vanek"). In this case, an 11-year-old girl consumed a small amount of foul15tasti
  • Nye Frank on 23 Apr 09
     
    Even where the plaintiff has suffered a psychiatric illness triggered by the defendant'sinabilityto fulfil adutyofcare, thecourts willsometimes denyliabilityiftheindividual's psychiatricdamage is a result of their own particular "hypersensitivity". The courts like to use, as a baseline,18the ordinary person of reasonable mental fortitude. Where this fictional individual would notnormally suffer psychiatric damage, a uniquely vulnerable person who does suffer damage wouldbe barred from recovery
  • Nye Frank on 23 Apr 09
     
    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
  • Nye Frank on 23 Apr 09
     
    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
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Nye Frank Racing off Road racing race-dezert dusty times Riverside county Rod Pacheco Mike Rushton Elder Victims Corruption

shared by Nye Frank on 07 Mar 09 - No Cached
  • Nye Frank on 07 Mar 09
     
    My Recent Bookmarks Friends' Recent Bookmarks Unread Bookmarks Bookmarks shared with me Recent Bookmarks X My Recent Bookmarks more » homicide case, administrative, exceptional Tags: homicide , case , closed , administrative , closure , exceptional about 3 hours ago Yahoo! News Search Results for supreme court cases elder victims of crime california legal assistance civil cases Tags: supreme , court about 3 hours ago Search Results - National Criminal Justice Reference Service Tags: Riverside , County , Corruption , publications , elder , abuse , court , system about 3 hours ago Topic - National Criminal Justice Reference Service Tags: crime , reference , service , victims , elders about 3 hours ago related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - Google Search Tags: self , litigation , courts , elders , pro , se , legal , clinic , how , to about 3 hours ago Friends' Recent Bookmarks more » Find your friends to share great findings and see what you have in common. Bookmarks shared with me more » Yon don't have shared bookmarks from your friends See My Friends » Friends Activities NO friends with recent activities. Invite Friends Now Recent Visitors to My Profile No recent visitors yet 4 unread bookmarks Bookmarks specially shared with me My Diigo Tools My Account Nye Frank View My Profile Edit my profile Edit my picture Invite Your Friends Adding friends will enable you to have more meaningful knowledge sharing and interaction. Invite friends » Download Toolbar Download New Diigo Toolbar Sponsored links
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Juris Publishing - Fine's Wisconsin Evidence -2nd Edition - 0 views

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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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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

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

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

Dormant Commerce Clause - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Dormant_Commerce_Clause

dormant commerce clause states

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Dormant Commerce Clause From Wikipedia, the free encyclopedia Jump to: navigation, search The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse - a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute. The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice O'Connor has written that: The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent. See The Federalist No. 22, pp. 143-145 (C. Rossiter ed. 1961) (A. Hamilton); Madison, Vices of the Political System of the United States, in 2 Writings of James Madison 362-363 (G. Hunt ed. 1901). http://en.wikipedia.org/wiki/Dormant_Commerce_Clause
Nye Frank

standard of review evidence in elder homicide, victims rigtht to trial over 65 - Google... - 0 views

www.google.com/search

victims over 65 evidence

shared by Nye Frank on 21 Apr 09 - Cached
  • Nye Frank on 21 Apr 09
     
    Did you mean: standard of review evidence in elder homicide, victims right to trial over 65 Search Results[DOC] Chapter 3 - 5 visits - Jan 3File Format: Microsoft Word - View as HTML For victims and survivors of violent crime and for homicide victims for current and ... Claimants use the compensation funds over the long term. ... of victim population groups for whom speedy trial rights are particularly important. ..... Elder protection programs that assist victims of elder abuse and neglect. ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20Victims'%20Rights.doc - Similar pages - [PPT] Responding to Crimes Against Elder Victims: A Program for TrainersFile Format: Microsoft Powerpoint - View as HTML Others with highest percentages of folks over 65 are: ..... Found incompetent to stand trial and dangerous to self and others ... Standards. Civil v. Criminal. APS/Law Enforcement. Victim/Client .... Homicide and the ME refused to come to the scene. Evidence .... Right from wrong, truth vs.. lie, suggestibility ... elder.law.stetson.edu/Professionals/crimeprevention_powerpoints/Elder%20Abuse%20Trainer%20package.ppt - Similar pages - Homicidal smothering: vital histological confirmation of orofacial ...Apr 29, 2008 ... evidence in the subsequent criminal trial. Discussion ... Although homicides in those over 65 years ... be feasible and morphology was excellent using standard ... homicide victims: a 10-year medical examiner review. J Forensic ... elderly homicide victims in New York City. Am J Public Health. ... www.springerlink.com/index/q87305r037563323.pdf - Similar pages - by SM Wills - Related articles Hill v. State 124 Nev. Adv. Op. No. 52 (2008)Jul 24, 2008 ... The trial jury found Hill guilty and the district court imposed a sentence of life ... Standard of review. In Dettloff v. State, we noted that it is ... important procedural rights if there is substantial evidence in the ... and for committing a crime against an eld
Nye Frank

conspiracy case 99-6050 -- U.S. v. Rahseparian -- 11/07/2000 - 0 views

209.85.173.132/search

conspiracy case

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    SEYMOUR , Chief Judge. After a joint jury trial, co-defendants Ardashir (aka Ardie) and Daryoush (aka Steve), along with Jalal (aka Jack) Rahseparian, were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering. All three appealed. Jack's appeal is addressed in the companion opinion, see United States v. Rahseparian, No. 99-6031 (Nov. 7, 2000). Ardie contends on appeal that the evidence is insufficient to sustain his conviction. Ardie and Steve contend a new trial is necessary due to the prosecutor's comment on their failure to testify in violation of Griffin v. California, 380 U.S. 609 (1965). Steve further claims a new trial is required because of certain incriminating hearsay statements elicited by the prosecutor in violation of Bruton v. United States, 391 U.S. 123 (1968). We affirm. I BACKGROUND Ardie and Steve Rahseparian are the sons of Jack Rahseparian. At the time of the conduct for which they were charged, Steve resided in Altoona, Pennsylvania, Ardie resided in Fort Smith, Arkansas, and Jack resided and worked in Shawnee, Oklahoma. The government contended at trial that Ardie and Steve Rahseparian formed Genesis Marketing, a telemarketing company, through which they and their father conspired to commit and did commit mail fraud from May 1994 to May 1995. The government further successfully argued that Ardie, Steve, and Jack Rahseparian laundered the proceeds from the telemarketing scheme through Jack's business checking accounts. Brad Russell, the company's only employee other than the Rahseparians themselves, testified on behalf of the government. Mr. Russell was a personal friend of Ardie. The two worked out of Ardie's apartment in Fort Smith as the sole telemarketers for Genesis Marketing. Mr. Russell testified that he and Ardie would entice customers over the telephone to buy products, such as water purifiers and "Say No to Drugs" kits, at highly inflated pric
Gerald Payton

Perfect Way to Boost Employees' Self-Esteem - 1 views

I have been working with David Ferrier for two months now and with his expertise, he was able to help me boost the confidence of my team. He was great because he actively motivated my staff to exce...

started by Gerald Payton on 22 Oct 12 no follow-up yet
Nye Frank

http://www.cops.usdoj.gov/files/RIC/Publications/promoting%20effective%20homicide%20inv... - 0 views

www.cops.usdoj.gov/...0homicide%20investigations.txt

homicide exceptional close case clearance 20homicide 20effective

shared by Nye Frank on 02 Aug 09 - Cached
  • Nye Frank on 02 Aug 09
     
    6 - Chapter 1. Introduction Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi
  • Nye Frank on 02 Aug 09
     
    6 - Chapter 1. Introduction Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi
Nye Frank

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

searchjustice.usdoj.gov/search

tort cal. 14th pro bono crime victims

shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
  • ...8 more comments...
  • Nye Frank on 15 Apr 09
     
    violence victims that are set forth in its Domestic Abuse Code. VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #22 Victims of crime should have rights at administrative proceedings, including the right to have a person of their choice accompany them to the proceedings, the right to input regarding the sanction, and the right to notification of the sanction. Agencies and institutions that seek to hold their employees or students accountable for their alleged criminal or negligent behavior often do so through administrative proceedings, including disciplinary hearings on college campuses in sexual assault cases and other crimes that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is accused of misconduct, which sometimes also constitutes a criminal act. These hearings are held to determine whether an employee or student should be dismissed or sanctioned. Victims often complain about their lack of rights and protections at these hearings. For example, at disciplinary hearings on college campuses and in schools, as well as administrative proceedings when criminal justice personnel are accused of conduct violations, victims are frequently not allowed such fundamental rights as the right to be accompanied by a person of their choice and the right to submit a victim impact statement before the offender is sanctioned.Agencies and institutions should review their disciplinary codes and ensure that From tribal police intervention to tribal court proceedings, the victims of violent crime in Indian country must have rights available to them. They must be informed of their rights, encouraged to exercise their rights, and be protected from further harm. This is the basic responsibility of a tribal criminal justice system. Joseph Myers, Executive Director, National Indian Justice Center In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the
  • Nye Frank on 15 Apr 09
     
    * Substantial numbers of victims in states with both strong and weak protection were not notified of other important rights and services, including the right to be heard at bond hearings, the right to be informed about protection against harassment and intimidation, and the right to discuss the case with the prosecutor.44
  • Nye Frank on 15 Apr 09
     
    While the majority of states mandate advance notice to crime victims of criminal proceedings and pretrial release, many have not implemented mechanisms to make such notice a reality.
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #6 Victims and witnesses of crime should have the right to reasonable protection, including protection from intimidation. The safety of victims and witnesses should be considered in determining whether offenders should be released from custody prior to completing their full sentence. The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of public and law enforcement attention. Justice officials report an increase in the harassment and intimidation of witnesses, making it increasingly difficult to obtain convictions because crime victims and witnesses are afraid to testify.63 Legislatures have attempted to address this problem by mandating "no contact" orders as a condition of pretrial or posttrial release. In addition, victims' bills of rights generally require victims to be notified at the outset of the judicial process about legal action they can take to protect themselves from harassment and intimidation.
  • Nye Frank on 15 Apr 09
     
    Congress made restitution mandatory in federal criminal cases involving violent crimes with the enactment of the Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act.73
  • Nye Frank on 15 Apr 09
     
    All crime victims should have the right to a full range of services and support to help them recover physically, psychologically, and in practical ways from the effects of crime, whether or not they report the crime or become involved in related criminal prosecutions or juvenile adjudications. In the aftermath of victimization, victims may have many different needs.Victims who report crime need information, assistance and protection when they choose to participate in the criminal and juvenile justice process. Not only should victims have the right to be heard or consulted in decisions that affect them, but they should receive protection if they are witnesses and transportation to and from legal proceedings.
  • Nye Frank on 15 Apr 09
     
    Victims should have standing to enforce their rights, and sanctions should be applied to criminal and juvenile justice professionals who deny victims their fundamental rights
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #19 States and the federal government should create compliance enforcement programs, sometimes referred to as victim ombudsman programs, to help facilitate the implementation of victims' rights. 29 Chapter 1: Victims' Rights State victims' rights compliance enforcement programs oversee justice officials' and agencies' compliance with crime victims' statutory and constitutional rights and investigate crime victim complaints relevant to those rights being violated.93 A few states have created such programs within an existing agency or have established a new, statelevel oversight authority. In initiating such a program, officials should consider the importance of meaningful remedies and sanctions for noncompliance with victims' rights laws; and ensure that victims, victim service providers, advocacy groups, and victim-sensitive justice professionals are involved in the program planning process. In addition, justice agencies should consider increasing crime or court surcharges to support a compliance enforcement functions, and should evaluate overall compliance enforcement system. Innovative approaches to victims' rights oversight have been implemented in several states: * The Minnesota Office of the Crime Victims Ombudsman (OCVO) protects the rights of victims by investigating statutory violations of victims' rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged violations, recommend corrective action, and make its findings public to both the legislature and the press. * The South Carolina Office of the Crime Victims' Ombudsman is empowered to act as a referral entity for victims in need of services, a liaison between victims and the criminal and juvenile justice systems in the course of their interaction, and a resolver of complaints made by victims against elements of those systems and against victim assistance programs. In
  • Nye Frank on 15 Apr 09
     
    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."
  • Nye Frank on 15 Apr 09
     
    Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).
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