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Nye Frank

Victim Rights Manual - 0 views

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    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
Nye Frank

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

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

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

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

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

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    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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    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

Victim and Witness Intimidation: New Developments and Emerging Responses | National Ins... - 0 views

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    Victim and Witness Intimidation: New Developments and Emerging Responses October 1995 Prosecutors in some jurisdictions report an increase in victim and witness intimidation: some prosecutors have estimated intimidation as a factor in 75 to 100 percent of the violent crimes committed in some gang-dominated neighborhoods. Victim and Witness Intimidation: New Developments and Emerging Responses summarizes recent developments in gang- and drug-related intimidation of victims and witnesses, current responses to the problem by police and prosecutors, and emerging models and strategies for its prevention and suppression.
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    Even though this is concidered a crime and serious it was not concidered at all in the elder Nye Frank homicide. 73 year old Lee Frank and her neighbors were stalked for months after Nye Frank was killed. The sheriff, APS and DA office all notified and did not do anything. Looking at the parties involved and the political connections and what the father says on the recorcding it obvious who this Goverment agency is protecting. One of their own not the victim.
Nye Frank

LADA Victim-Witness Assistance Program - 0 views

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

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

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

elder right to civil legal help - 0 views

shared by Nye Frank on 19 Mar 09 - Cached
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    PDF] The Importance of Collaborating to Secure a Civil Right to CouFile Format: PDF/Adobe Acrobat - View as HTML meaningful access to justice through a civil right to counsel. .... the court found a right to counsel for victims of domestic violence .... denied their right to a fair hearing under Article 6, .... They must secure sufficient funds to support the .... elderly." Resolution on Right to Counsel in Housing Court, ... www.nycourts.gov/ip/partnersinjustice/Right-to-Counsel-Collaboration.pdf ACLU | Transition Plan | First Day, First Hundred Days, First Year ...Fair housing for domestic violence victims. Discrimination remedies ..... The Bush Administration has been attempting to implement a domestic airline .... Appoint all members to the Privacy and Civil Liberties Oversight Board and strongly urge ..... privilege and the right to counsel guaranteed by the Constitution. ... www.aclu.org/transition/ Preventing Violence Against WomenFeb 26, 1999 ... To help break the cycle of violence, the Clinton Administration has made stopping .... Immigration Bill Provision for Domestic Violence Victims ... services and are not denied services due to changes in deeming rules. ... AoA funds state elder abuse prevention programs in all 50 states that focus on ... library.findlaw.com/1999/Feb/26/127977.html Working with Victims of Crime with DisabilitiesOct 1, 2008 ... Historically, all victims of crime have been denied full participation in the criminal justice process. .... Some victims, particularly elderly and those with developmental ..... The Violence Against Women Grants Office and the Civil Rights ... The right to counsel. * The right to reparations. ... www.ojp.usdoj.gov/ovc/publications/factshts/disable.htm Depending on the Kindness of Strangers: Making Civil Gideon a ...Become an Agent of Change: Support JWI's Campaign for Domestic Violence Awareness Month ... Weinberg Elder Abuse Shelter Casts a Broader Safety Net ... violated when indigent
Nye Frank

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

  • 29 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p. 94. 30 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.3, p. 93. 31 See NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p.92
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    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
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    Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld
Nye Frank

US CODE: Title 18,1961. Definitions - 0 views

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    relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant),
Nye Frank

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

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

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

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

related:http://www.jaapl.org/cgi/content/full/35/4/537 - Google Search - 0 views

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    Lee Frank a 74 year old woman in Riverside County who witnessed her 68 year old husband killed by a 27 year old who seemed to be high on drugs or something. The young guys dad states his friend high up in da office told him how to get out of this. The 27 year old tells the sheriff on the video how he attacked Nye with judo moves. Ty Reddish was let out in 24 hours even though he was on probation and just killed someone. He and his parents stalked Lee Frank for 2 years now. Rod Pacheco knows Lee Frank cannot afford to enforce her rights. He has violated her rights with zero accountability. Please speak up for Lee Frank Riveriside County. Google Nye Frank Racing on You tube you can see pictures and audio, video.
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    Lee Frank a 74 year old woman in Riverside County who witnessed her 68 year old husband killed by a 27 year old who seemed to be high on drugs or something. The young guys dad states his friend high up in da office told him how to get out of this. The 27 year old tells the sheriff on the video how he attacked Nye with judo moves. Ty Reddish was let out in 24 hours even though he was on probation and just killed someone. He and his parents stalked Lee Frank for 2 years now. Rod Pacheco knows Lee Frank cannot afford to enforce her rights. He has violated her rights with zero accountability. Please speak up for Lee Frank Riveriside County. Google Nye Frank Racing on You tube you can see pictures and audio, video.
Nye Frank

Washington Times - 1 in 5 killings don't go to trial - 0 views

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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
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    She also noted that the department's Office of Professional Responsibility signs off on all cases before they're closed administratively to ensure they meet several requirements. "Most of the department's exceptional closures are cases in which witnesses come forward to identify homicide offenders only after the perpetrator was killed," Chief Lanier wrote.
Nye Frank

http://picasaweb.google.com/data/feed/base/user/crystalfinancial/albumid/52407764893005... - 0 views

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    Your subscribed feeds are not being updated automatically because this setting is turned off. Turn on automatic feed updates You've successfully subscribed to this feed! Updated content can be viewed in Internet Explorer and other programs that use the Common Feed List. View my feeds You've successfully subscribed to this feed! Riverside County DA Rod Pacheco Corruption Coverup, Sheriff, Fire Department, Coroner You are viewing a feed that contains frequently updated content. When you subscribe to a feed, it is added to the Common Feed List. Updated information from the feed is automatically downloaded to your computer and can be viewed in Internet Explorer and other programs. Learn more about feeds. Subscribe to this feed Riverside County DA Rod Pacheco Corruption Coverup, Sheriff, Fire Department, Coroner Wednesday, December 31, 2008, 3:37:40 AM 92220 Homicide, Nye Frank, murdered by Ty Reddish has a combative personality. He is a trained fighter. He looked crazy on drugs the day Nye attacked. The Sheriff and DA prosecutor D. Calhoun did not drug test him. Ty said he used two signature choke holds on Nye. The Sheriff report says he did not intend to hurt Nye. Ty has a history of violence in the neighborhood. Wednesday, December 31, 2008, 3:37:40 AM Date: Aug 5, 2007 9:47 AM Number of Comments on Photo:2 View Photo IMG_5860.JPG homicide -Ty Reddish new home two doors from 73 year old Lee Frank who witnessed Ty strangle her husband in front of Ty's New House. Riverside County just gave Ty Reddish 90,000 to buy this because he did not have fire insurance. They are letting him put this home up 2 houses from Lee Franks new home that her dead husband built her. Mike Rushton and Sheriff Sniff let Ty out of jail without bail, without drug testing to follow and harass and intimidate any visitor. This is illegal except if you are Rod Pacheco and Mike Rushton and their Ol boys group. Attorney general has refused to help, the adult prot
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    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
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    Land speed record holders Craig Breedlove, Lee Breedlove-Frank, Lee stil holds the record in a four wheel jet car. She went the required both directions. Lee my mom wanted to go faster by Goodyear and Shell were afraid it would be bad news if something happened to her.
Nye Frank

Justice For Nye Frank, Court documents filed Riverside County - 0 views

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    There is over 20 officials that have participated in the cover up of homicide of 68 year old Nye Frank. That means that 20 people are owe favors to each other to help cover up crimes for family and friends. Nye and Lee never have had issues with the law. We never expected him to be killed. Lee witnessed the whole thing. Then the stalking and revictiming from officials has been devistating to the family.
Nye Frank

prosecutor, brady material, violations, duty - 0 views

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    Results 1 - 10 for prosecution's Brady obligation with Safesearch on. (0.14 seconds) Ads by Google Buy Brady Product Shop Labels, Ribbons, Tapes & More. Great Deals on Bulk Qty. Order Now! www.MSCDirect.com Brady Distributor The entire Brady catalog available to purchase online. All New Site. www.HansenSupply.com #1 Brady Dealer in the US The Best Selection and Lowest Price 31 drums in stock-Ships fast & free ForksDrumCloset.com/Brady_Drums Obligations en Bourse Achetez, Vendez, Comparez en Ligne Faites vos Opérations Boursières ! Obligations.fr.Ask.com Custom Search Second Circuit Blog: Prosecutor Cannot Avoid Brady Obligation by ...Aug 22, 2006 ... Prosecutor Cannot Avoid Brady Obligation by Claiming that He Did Not ... the prosecutor's failure to abide by his obligations under Brady. ... circuit2.blogspot.com/2006/08/prosecutor-cannot-avoid-brady.html [PDF] The Prosecution's Obligations to Disclose Witness ProffersFile Format: PDF/Adobe Acrobat - View as HTML tion's obligations under Brady and Jencks to dis- close proffer materials have significant ramifica- tions. For the prosecution, the boundaries of its ... www.birdmarella.com/articles/Prosecution%20Obligations.pdf Possible Brady Material In The Possession Of Law Enforcement ...The prosecution has no obligation to communicate preliminary, challenged or .... triggers his or her Brady obligation, the trial deputy shall review this ... da.co.la.ca.us/sd02-08.htm Legal Defense Fund - News ArticlesBecause the prosecution is obligated to turn over information that is under its control, the prosecution increases it Brady obligations each time it ... www.porac.org/ldf/articles/october%201%202002.html Federal Criminal Law Newsletter (Visitor's Edition) - September 24 ...Sep 24, 2001 ... Fair Trials and the Prompt Release of Brady/Giglio Materials to the .... principle that a prosecutor's Brady obligation is independent of a ... www.fedcrimlaw
Nye Frank

are victim compensation funds property rights - Google Search - 0 views

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

victim funds, unclaimed fundsDepartment of Justice, State of Oregon - Attorney General ... - 0 views

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    FOURTH QUESTION PRESENTED Must boards disclose investigative information that they receive from police agencies? SHORT ANSWER Investigative information that a board receives from a police agency is not "privileged" or "confidential" under ORS 676.175(3) and boards must disclose that information if it was obtained in the investigation of the allegations in the notice and if no other exception applies
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    unclaimed funds, County can use for other county exspenses, such as victim funds
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    The fundamental barrier to applying that privilege to information obtained in board investigations is that board investigations are not conducted "for the purpose of facilitating the rendition of professional legal services to the client." ORS 676.165 provides, in relevant part: (1) Upon receipt of a complaint by any person against a licensee or applicant, a health professional regulatory board shall assign one or more persons to act as investigator of the complaint. (2) The investigator shall collect evidence and interview witnesses and shall make a report to the board. The investigator shall have all investigatory powers possessed by the board. (3) The report to the board shall describe the evidence gathered, the results of witness interviews and any other information considered in preparing the report of the investigator. The investigator shall consider, and include in the report, any disciplinary history of the licensee or applicant with the board. That statute vests authority to direct investigations into complaints about licensees or applicants in boards, not the attorney general's office. It also clarifies that board investigations are not conducted "for the purpose of facilitating the rendition of professional legal services," but to carry out the boards' statutorily-mandated duty to investigate the complaints it receives. Nor do we believe that substituting an investigator from the Department of Justice for an investigator employed by the board to carry out the investigation would alter the statutory purpose of such investigations and render them to be "for the purpose of facilitating the rendition of professional legal services."
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