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This is Google's cache of http://www.ncea.aoa.gov/ncearoot/main_site/Library/CANE/CANE_Series/CANE_FinancialExploitation.aspx. It is a snapshot of the page as it appeared on Jun 27, 2010 13:10:27 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: financial elderly person includes constitute property crimes regardless age victim california These terms only appear in links pointing to this page: exploytation acts thin includes U.S. Administration on Aging Home NCEA E-News State Resources Calendar About NCEA What We Do NCEA Partners NCEA Initiatives Find Help Help Hotline ElderCare Locator Find State Resources Resources for Families Adult Protective Services FAQ's Frequently Asked Questions Basics Resource for Professionals Nursing Home Abuse Resources Community Outreach Newsletter NCEA Listserve Online Links Promising Practice Library CANE Publications Events & Webcast Laws Statistic & Research Training Library Abuse Statistics Survey, Reports & Testimonies Research Briefs & Agenda National Incident Study Home > Library > CANE Printer Friendly Text Size: T T T Financial Exploitation of the Elderly: An Update of the Literature Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds, scams and identity theft, at the hands of strangers as well as loved ones, not only in the United States, but throughout the world. As technology advances, perpetrator

This is the html version of the file http://students.law.ucdavis.edu/LSA/files/outlines/Civ%20Pro%20-%20Unknown%20-%200203.doc. Google automatically generates html versions of documents as we crawl the web. CIV PRO OUTLINE As of 5/1 1. WHAT'S CIVIL PROCEDURE? 1. Prescribes and administers process for enforcing rights and duties specified in substantive law 2. EVOLUTION OF CIVIL PROCEDURE (pgs. 18-32) 1. Significant Anglo-Saxon institutions at time of conquest: 1. Crown 2. Local tribunals 1. Slow and uncertain in operation 2. Earliest forms of royal intervention 1. Executive 2. Administrative 3. Writ 1. Written directive from king to royal official/to individual/group of individuals ordering addressees to do/refrain from doing designated act 2. Procedural steps by which prosecuted not uniform 3. Praecipe 1. Executive command made without inquiry 4. Novel disseisin/querela 1. Derived from procedure in which judicial inquest of complaints heard first and then executive action followed 4. king's direct entertainment of complaints of subjects 3. Early evolution of royal courts 1. Medieval central government 1. King's court/curia regis 2. Why separate branches? 1. Administrative necessity for orderly record keeping 2. Historical fact that early Plantagenet kings had domains in France that were more important to them than England and which required their presence on continent for long periods of time (king absent a lot) 4. Common law procedure 1. Background of all medieval litigation was hope of bringing parties to some sort of voluntary accord

Copyright (c) 1990 Georgetown Law Journal Georgetown Law Journal ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels Under the Ethics in Government Act. 1 October, 1990 79 Geo. L.J. 1 Author BETH NOLAN * Excerpt I. INTRODUCTION The independent counsel provisions of the Ethics in Government Act of 1978 2 are a reflection of one of our nation's most fundamental aspirations for government: that official decisions should be made in the interests of the common good, not in the narrow self-interests of the individuals in power. This aspiration in turn reflects some of the basic tenets of our constitutional faith: that we shall be bound only by a government of laws, no one shall be above the law, and each person shall receive equal justice under the law. To further this goal, the independent counsel provisions endeavor to guarantee that certain investigations and prosecutions are undertaken free of the compromising influence of the prosecutor's own political or personal interests. From this perspective, the aspiration of the independent counsel provisions is for the reign of the "rule of law." 3 The independent counsel provisions are both an expression of fealty to the rule of law and a concession to its elusiveness. To legislate that certain individuals and institutions may not investigate certain other individuals is to acknowledge that the rule of law is vulnerable to manipulation and abuse. Moreover, the independent counsel law reflects a fear that manipulation and abuse can occur even when intentions are noble, or at least not malevolent. This is the underlying theory of the law, which mandates recusal of the entire Department of Justice in a certain category of cases, without regard to the ability of the Department to undertake a ...

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).

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).

Political parties taking elder property in secret by zoning overlays. Riverside County Water Board who is the County Supervisor Marion Ashley. Probate Homicides at a profit. Needs the Federal Government to take action against corruption

Riverside County Internal Affairs -When I complained they said they can no longer talk to me. To: Andre O'harra Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still sho

Riverside County Internal Affairs -When I complained they said they can no longer talk to me. To: Andre O'harra Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still sho

"This formal approach to the meaning of due process could obviously have limited both Congress and the state legislatures in the development of procedures unknown to English law. But when California's abandonment of indictment by grand jury was challenged, the Court refused to be limited by the fact that such proceeding was the English practice and that Coke had indicated that it was a proceeding required as "the law of the land." The meaning of the Court in Murray's Lessee was "that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country; but it by no means follows that nothing else can be due process of law." To hold that only historical, traditional procedures can constitute due process , the Court said, "would be to deny every quality of the law but its age, and to render it incapable [p.1348] of progress or improvement." 23 Therefore, in observing the due process guarantee, it was concluded, the Court must look "not [to] particular forms of procedures, but [to] the very substance of individual rights to life, liberty, and property." The due process clause prescribed "the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. . . . It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law." 24"

96.5. (a) Every judicial officer, court commissioner, or referee who commits any act that he or she knows perverts or obstructs justice, is guilty of a public offense punishable by imprisonment in a county jail for not more than one year. (b) Nothing in this section prohibits prosecution under paragraph (5) of subdivision (a) of Section 182 of the Penal Code or any other law.

FAIRNESS JUSTICE

Admittedly, the quality of the justice system in most transitional contexts tends to be low, making resort to the courts on procedural fairness violations unlikely when the commission is still in operation. But this is beside the point. Truth commissions, no less than courts, should apply high standards of procedural fairness for their own sake. No one would suggest that fair trial standards are irrelevant because they are difficult to discharge. The same logic should apply to truth commissions.

Admittedly, the quality of the justice system in most transitional contexts tends to be low, making resort to the courts on procedural fairness violations unlikely when the commission is still in operation. But this is beside the point. Truth commissions, no less than courts, should apply high standards of procedural fairness for their own sake. No one would suggest that fair trial standards are irrelevant because they are difficult to discharge. The same logic should apply to truth commissions.

Contact Us Your Local FBI Office Overseas Offices Submit a Crime Tip Report Internet Crime More Contacts Learn About Us Quick Facts What We Investigate Natl. Security Branch Information Technology Fingerprints & Training Laboratory Services Reports & Publications History More About Us Get Our News Press Room E-mail Updates News Feeds Be Crime Smart Wanted by the FBI More Protections Use Our Resources For Law Enforcement For Communities For Researchers More Services Visit Our Kids' Page Apply for a Job Civil Rights Statutes Civil Rights Home Federal Civil Rights Statutes Title 18, U.S.C., Section 241 - Conspiracy Against Rights Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 - Federally Protected Activities Title 18, U.S.C., Section 247 - Church Arson Prevention Act of 1996 Title 18, U.S.C., Section 248 - Freedom of Access to Clinic Entrances (FACE) Act Title 18, U.S.C., Section 844(h) - Federal Explosives Control Statute Title 42, U.S.C., Section 3631 - Criminal Interference with Right to Fair Housing Title 42, U.S.C., Section 14141 - Pattern and Practice Title 18, U.S.C., Section 241 Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or

Fed.R.Crim.P. 16 and 26.2, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and 18 U.S.C. §3500 (the Jencks Act). In addition, Department policy provides for broader disclosures of exculpatory and impeachment information than Brady and Giglio require. See USAM §9-5.001. Prosecutors in every district and component must comply with legal requirements and with Department policy

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

Law, Tort, Administrative, Hate Crimes, Corruption, Sheriff,

Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500

Riverside County Homicide Cover up of Elder