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STANDARD OF REVIEW When determining a motion to dismiss a complaint for failure to state a claim, allegations of the complaint, as well as any reasonable inferences [and annexed exhibits] which may be drawn therefrom in plaintiff's favor, are to be taken as true. Brum v. Town of Dartmouth, 44 Mass.App.Ct. 318, 321 (1998). Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991) and cases cited. See also Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 87 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977). Dismissal is also not appropriate where GiGi is entitled to any form of relief for any wrong or injury. Brum, at 321. Citron v. Nader, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Mass.R.Civ.P. 8(f). Massachusetts Declaration of Rights, article XI. "A complaint is not subject to dismissal if it could support relief on any theory of law" [Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 89 (1979)], "even though the particular relief [which plaintiff] has demanded and the theory on which he seems to rely may not be appropriate." Nader, 372 Mass. at 104 (citations omitted). "A complaint should [also] not be dismissed simply because it asserts a new or extreme theory of liability or improbable facts." Jenkins v. Jenkins, 15 Mass.App.Ct. 934, 934 (1983). "[I]t is important that new legal theories be explored and assayed in light of actual facts rather than a pleader's suppositions." New England Insulation Co. v. General Dynamics Corp., 26 Mass.App.Ct. 28, 30 (1988) quoting 5 Wright & Miller, Federal Practice and Procedure, §1357 at 603 (1969 and supp. 1987). Patriarca v. Center for Living and Working, Inc., 1999 WL 791888 at 4 (Mass.Super. Sept. 8, 1999) (Wernick, J.). ARGUMENTS 1.Where Article V of the Massachusetts Declaration of Rights requires all public employees of the three branches of the government of the Commonwealth of Massachusetts to be accountable to the people at all times, this court is precluded from applying

Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil

Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil

Elder Homicide Victim 68 year old Nye Frank in Riverside County CA by a man 40 years younger in front of the Nye's wife 72 year old Lee Frank. First evening Lee and her family were stalked by the parents. 2nd day the parents stood two doors from Lee to scare off any visitors. They went to the peoples doors that visited and harassed them. The sheriff was notified, even so Ty Reddish was let out of jail in 24 hours. Lee Frank was told it would be one year till she got a police report and autopsy even with the case closed.For weeks the killer and family stood by to isolate Lee Frank. With tons of effort Lees daughter got the sheriff report, but before releasing it to the family it was given to a newsman alledged to be the prosecutors room mate boy friend. Even though the autopsy states no heart attack, 5 months after the homicide it was put on front page that Nye Frank had a heart attack from a fist fight. Lee got the autopsy from the newsman. We then got the sheriff audio and on it was Phil Reddish the dad of Ty and he states how he is buddies with the DA and was told what to say to get out of this. He was stating this on the audio to the head homicide detective and prosecutor. The case was closed behind closed doors with out a case number without ever going to court. Lee has been prevented from getting any help as it appears the file has Nye Frank down as the cause of a fight. Nye has zero history of fighting, worked a very public life and with lots of young men. He was a famous race car builder for the likes of Mickey Thompson, Craig Breedlove, Don Garlets, along with being in the International Drag Racing Hall of Fame. Lee is still stalked to this day and has been prevented from justice in the courts and DA office. The Riverside county DA it looks like from supervisors records they take victim funds and put them into a unclaimed account and behind privacy act. After 3 years because it was not claimed (really denied) the supervisors can use the funds. The DA is buil

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

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

581 F.2d 390After carefully considering both the legislative history surrounding the enactment ... While Bivens created a federal tort for certain violations of the fourth amendment ..... While this court has never directly held that a Federal law enforcement ... misrepresentation, deceit, or interference with contract rights. ... ftp.resource.org/courts.gov/c/F2/581/581.F2d.390.77-1919.html Federal Tort Claims Act, 28 U.S.C. § 1346, § 1680 (Bancoult v ...United States, 507 U.S. 197 (March 8 1993) (noting from the legislative history ... libel, slander, misrepresentation, deceit, or interference with contract rights: ..... The idea is that State tort law is more fully developed than U.S. ..... Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, ... homepage.ntlworld.com/jksonc/bancoult-ftca.html Cleo F. Shoultz, Plaintiff-appellant, v. Monfort of Colorado, Inc ...This provision does not support a claim for such interference with a .... With respect to his claim based on the constitutional tort theory of Bivens v. ... Plaintiff argues that the intentional tort provision in the Federal Tort Claims ... liability without legislative aid and as at the common law" because it was ... cases.justia.com/us-court-of-appeals/F2/754/318/319372/ 00-1672.01A - USCA1 OpinionDavric and the man who owns it, Joseph Ricci, filed suit in federal court against ... The court also dismissed the state law tort claims against the official on the .... As the defamation and tortious interference claims Davric advances clearly .... under state tort law but it is not recoverable in a Bivens action. ... www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1672.01A From Bivens to Malesko and Beyond: Implied Constitutional Remedies ...between the legislative and judicial branches, this political catchphrase ..... Interestingly, the Bivens majority considered the implications of state tort law and ... In The Common Law Powers of Federal Courts, Professor Thomas

"LAMBDA Gay & Lesbian Ant-Violence Project (AVP) TO REPORT A HATE CRIME, CLICK HERE. What is a hate crime ? Depending upon where you live, a hate crime is a criminal act which is motivated, at least in part, because of someone's bias or hatred of a person's or group's perceived race, religion, ethnicity, sexual orientation, or other characteristic. When a crime is a "hate crime", the victim is intentionally selected because of his or her race, color, religion, national origin, gender, disability, or sexual orientation. A number of federal and state laws prohibit acts or threats of violence, as well as harassment and discrimination, based on race, color, religion, national origin, sexual orientation, gender and/or disability. Some laws also include political affiliation, and age, though federal and state laws vary greatly. A crime is classified as bias-motivated (or a hate crime) when it is clear that the offender's criminal actions were motivated, in whole or in part, by bias. LAMBDA GLBT Community Services takes hate crimes and other anti-GLBT incidents very seriously. LAMBDA works together with law enforcement, judicial, and victim services agencies to eliminate and respond to such incidents. Reporting hate-related incidents and domestic violence helps survivors take advantage of recovery services and enables our community to build up statistics and patterns of crime, providing an opportunity of catching offenders or prevent the violence altogether. Hate crime statutes are designed to send the message that hate-motivated crimes, because they are often attempts to silence and instill fear into entire groups, will not be tolerated. More... click here Why should I report hate incidents? When such incidents are invisible, it is harder to protect against them. Careful documentation and statistics are very important tools in fighting such op

"Simple Middle Advanced * Filter: * All * Unread * Public * Private * Annotated 01 Mar 10 0More HeinOnline:LibrarySpecificHelp - HeinOnlineWiki more from heinonline.org - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview law treaties attorney general congress 25 Feb 10 0More ADVOCATING TO END ELDER ABUSE and Protect our Seniors!!! Corruption to eldersNegligent infliction of emotional distress more from elderabuseadvocate.blogspot.com - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Racing Riverside County Legislation Congress Senator 24 Feb 10 0More My List: A Collection on "Federal Courts Congress Intent" (Congress,Crime,Victims,statutory,law,Federal,Court) | Diigo There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1KTay-Fv2EJ:www.answers.com/topic/criminal-law+legislative+homicide+cover+up+equal+to+criminal+conduct+chargeable&cd=3&hl=en&ct=clnk&gl=us more from www.diigo.com - No snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Congress Crime Victims federal law court my list a 0More Congress rules for crime victims federal court - Google Search There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1K

Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently and as a rule refuse to extend that protection. If every sheriff in South Carolina refuses to serve a writ for a colored man and those sheriffs are kept in office year after year by the people of South Carolina, and no verdict against them for their failure of duty can be obtained before a South Carolina jury, the State of South Carolina, through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute-book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens."

" Is this what Riverside County includes. Second time to Fraudulently state false facts to deny elder rights. Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately. Description This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law. 759. Arbitrary Administrative Discretion Generally speaking, it may be said that while wide discretionary power may constitutionally be granted to administrative agents, that discretion must be one which must be guided by reason, justice, and impartiality, and must be exercised in the execution of policies predetermined by legislative act, or fixed by the common law. In Yick Wo v. Hopkins29 the court laid down the doctrine that the legislative investment of purely personal and arbitrary power in the hands of any public official is a denial of due process of law. " The very idea," say the court, "that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself." 30 Of the ordinances in question the court say: "They seem intended to confer and actually do confer, not a discretion upon consideration of the circumstances of each case, but a naked and arbitrary power to give or withhold consent, not as to places but as to persons. . . . The power given to them [the supervisors] is not confided to their discretion in the legal sense of that term, but is granted to their mere will. It is purely arbitrary, and acknowledges neither guidance, nor restraint." 29 118 U. S. 35G; 6 Sup. Ct. Rep. 1004: 30 L. ed. 220. 30 Quoting and approving City of Balt

Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately.

The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).

[DOC] CV File Format: Microsoft Word - View as HTML Her research interests focus on criminal careers, criminal justice evaluation, ... of Quantitative Criminology, American Sociological Review, Social Problems, and Justice Quarterly. .... Federal Sentencing Reporter, Vol. 20, No. 2, December 2007. ... Journal of Criminal Law and Criminology, Vol. 75, Spring, 1984. ... www.udel.edu/soc/faculty/visher/Vita2009.doc - VITAE Julie Horney School of Criminal Justice University at Albany ... by J Horney - 2005 Readings on the Social Study of Law, New York: W.W. Norton and in Jennifer Temkin ... Observation and Study in the Federal District Courts, Federal Judicial ..... Criminal Justice Education, Journal of Quantitative Criminology, Journal of. Research in Crime and Delinquency, Law and Society Review, Social Problems, ... www.ncovr.heinz.cmu.edu/CVs/05_horney.pdf - Similar - Valerie Jenness | School of Social Ecology Criminology, Law and Society. Curriculum Vitae: application/pdf icon ... She has served as an Associate Editor for Social Problems, as well as an Advisory ... "From Symbolic Law to Criminal Justice Practice: Hate Crime Policy, Policing, ... New York: Oxford University Press. Grattet, Ryken and Valerie Jenness. ... socialecology.uci.edu › Faculty - Cached - Similar - [PDF] VITA SCOTT H. DECKER PERSONAL INFORMATION Work Address: Criminal ... File Format: PDF/Adobe Acrobat - Quick View Department of Criminology and Criminal Justice, University of Missouri-St. Louis. .... Court: The Evolution of Sentencing Practices in the United States. ..... federal immigration law: Implications for local control. ..... Quarterly, Law and Society Review, Social Problems, Journal of Criminal Justice, American ... ccj.asu.edu/downloads/vita/shdecker - Criminal justice : : Portrait of a discipline in process - Elsevier by O Marenin - 1998 - Cited by 15 - Related articles Crime is a social problem and dealing with it requires an assessment, .

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

1. PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML prevent abuse, protect victims, and prosecute offenders who abuse our elderly;. WHEREAS, Riverside County is a leader in the State of California in ... www.clerkoftheboard.co.riverside.ca.us/agendas/2009/.../02.11.pdf - Similar - 2. [PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML offenders who abuse our elderly;. WHEREAS, Riverside County is a leader in the State of California in assisting our vulnerable elderly ... www.clerkoftheboard.co.riverside.ca.us/agendas/2008/.../02.16.pdf - Similar - More results from www.clerkoftheboard.co.riverside.ca.us » 3. County homeowner alert :: The Temecula Valley News ... Assessment (Appeal) is available at www.clerkoftheboard.co.riverside.ca.us. ... The Temecula Valley News Inc. 127 West Elder Street, Fallbrook CA 92028. www.myvalleynews.com/story/38381/ - Cached - Similar - 4. Recent Legislation « Reading Tea Leaves by Randy Wilson Where: Board chambers, 4080 Lemon St., Riverside. For the agenda: www.clerkoftheboard.co.riverside.ca .us/agendas/2009.htm ... rlwilsonconsulting.wordpress.com/category/recent-legislation/ - Cached - Similar - 5. Sonoma Administrative Code, Part 10 Aug 26, 2008 ... California Administrative Code, and (2) whether it is a ~on-agricultural water source. ...... particularly to elderly people, individuals with cardiovascular ...... a petition with the clerk ofthe board of supervisors requesting ..... transient occupancy tax (12) Parking restrictions on Riverside ... www.scribd.com/doc/.../Sonoma-Administrative-Code-Part-10 - Cached - Similar - 6. [PDF] Playground sparks concerns Rutherford police at work F^DUfood ... File Format: PDF/Adobe Acrobat the Clerk ofthe Board:

The primary question before us in this damage suit under 42 U.S.C. Sec. 1983 (1976) for deprivation of property under color of state law without due process, is whether plaintiff must plead and prove the absence ofadequate state damage remedies as an element of the constitutional tort. We conclude under the authority of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), that in section 1983 damage suits for deprivation of property without procedural due process the plaintiff has the burden of pleading and proving the inadequacy of state processes, including state damage remedies to redress the claimed wrong. The plaintiff in this case has failed to carry this burden. The judgment of the court below awarding damages to plaintiff is therefore reversed.

Providing the Context: The Federal Criminal Justice System In the United States, there are two distinct judicial systems: the federal judicial system that enforces federal laws, rules and regulations, and provides interpretations of the U.S. Constitution; and the various state and local judicial systems that enforce state laws, rules and regulations, and interprets the state constitution. The state courts have general power to decide nearly every type of case, subject only to the limitations of state law, the state's constitution, and the U.S. Constitution. In general, the state courts handle most criminal matters; the kinds of criminal violations that the general public thinks of as

Official State Codes

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 identified the offender;

JUSTICE FOR ALL ACT OF 2004 The federal Justice For All Act of 2004 (PL 108-405) enhances protections for victims of federal crimes and increases federal resources available to state and local governments to combat crime. Title I of the act, the "Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act," requires courts to ensure that crime victims are afforded the rights the act prescribes. It specifies that a crime victim, his lawful representative, or the attorney for the government may assert the rights in U. S. District Court. If the requested relief is denied, the movant may petition the court of appeals for a writ of mandamus, which the appeals court must decide within 72 hours. A court's failure to afford a crime victim his rights is not grounds for a new trial, but a victim can move to reopen a plea or a sentence on that basis. The act does not authorize a cause of action for damages or create, enlarge, or imply any duty or obligation to any victim or other person for any breach by federal government officers or employees (§ 102). The act appropriates $ 7 million for fiscal year 2005 and $ 11 million each for fiscal years 2006-2009, in part, for the support of state organizations that enforce crime victims' rights and provide legal counsel and support services. The states where these organizations are located must have laws substantially equivalent to the federal law (§ 103).