Criminal Law

The Advantage of Retaining a Criminal Lawyer

2012-02-11T00:41:00.001-08:00

There are two types of criminal offences in Canada, each with its own procedural phases: summary conviction offences and indictable offences. Most offences are dual procedure, or hybrid. This means that the Crown Attorney can elect to prosecute either by way of summary conviction or by indictment.

Summary Conviction Offences

These offences generally carry a sentence up to a maximum of six months imprisonment, with some exceptions. There are two procedural phases: pre-trial and trial, and an experienced Criminal Defence Lawyer can employ different strategies applicable to each phase.

The pre-trial phase consists of three procedural steps:

1) Obtaining complete disclosure of all the evidence from the Crown Attorney;
2) a Crown Pre-Trial meeting; and
3) a Judicial Pre-Trial.

When facing charges in the Toronto Courts, initial disclosure provided during the first or second court appearance is, in most cases, incomplete. A Criminal Defence Lawyer will carefully review all disclosure and make a second or third request for additional materials which appear to be missing from the disclosure package. These additional materials almost always turn out to be helpful to the client's case. Once complete disclosure has been obtained, the Criminal Defence Lawyer will review the materials with the client before proceeding to the next step.

In Toronto, a Criminal Defence Lawyer will schedule a pre-trial meeting with the Crown Attorney. An effective strategy for the Criminal Defence Lawyer is to fully canvass all the issues and identify any weaknesses in the Crown's case. In some cases, the Crown would then consider reducing or withdrawing the charges.

A Judicial Pre-Trial is a meeting conducted before a Judge with both the Crown Attorney and the Criminal Defence Lawyer present and, in Toronto, can be scheduled in most cases. An effective strategy for an experienced Criminal Defence Lawyer is to take this opportunity to again argue any weaknesses in the Crown's case and encourage the Judge to confront the Crown for the purpose of reviewing whether the charges should be reduced or withdrawn. As well, the Crown may indicate a sentencing position on an early guilty plea and this would also be discussed with the Judge. Once the issues have been narrowed down, and if a trial is to proceed, then there is a discussion of how many witnesses are expected to be called and how long the trial is likely to be.

Once the pre-trial phase is completed, the Criminal Defence Lawyer will discuss trial strategies with the client and obtain instructions to set a trial date. In Toronto, the trial would be conducted in one of the five courthouses of the Ontario Court of Justice.

Indictable Offences

These are the more serious offences, which can carry a maximum sentence from two years to life imprisonment. Most indictable offences provide the opportunity for the Criminal Defence Lawyer to elect to have a preliminary hearing before a Judge in the Ontario Court of Justice, which is conducted after the pre-trial phase and before the trial phase. In Toronto, there are five Ontario Court of Justice courthouses where criminal cases are heard: Old City Hall, College Park, Scarborough Court and two in North York. Similar to a trial, the Crown calls its witnesses and the Criminal Defence Lawyer has the opportunity to cross-examine each witness. There is no plea of guilty or not guilty, and there is no finding of guilty or not guilty. Instead, the Judge must decide whether there is sufficient evidence to go to trial in the Superior Court of Justice, located in downtown Toronto on University Avenue, which only deals with indictable offences.

This is a good opportunity for an experienced Criminal Defence Lawyer to test the Crown's evidence and expose the weaknesses in the Crown's case. If the Judge decides that there is insufficient evidence for a trial, then the charges are dismissed and the client is free to go. If a trial is to proceed, then the evidence given by the witnesses during their examination and cross-examination at the preliminary hearing can be used against them at trial by the Criminal Defence Lawyer.

To effectively represent a client facing criminal charges in Toronto, an experienced Criminal Defence Lawyer will take advantage of all of these opportunities to successfully dispose of the charges throughout all phases of the case.

Copyright © 2011 Steven Tress, Barrister and Solicitor. All Rights Reserved Worldwide.
About this Author

Steven Tress is a Toronto Criminal Lawyer with over 20 years experience in Criminal Law. His office is located at 425 University Avenue, Suite 500, Toronto, Ontario, M5G 1T6, and may be contacted for a consultation at (416) 977-3657 or via email: contact@steventress.com. For a detailed biography and other information, visit http://steventress.com/

Why Judicial Corporal Punishment Is Better Than Incarceration

2012-02-11T00:37:00.000-08:00

Today, we naturally think of incarceration as more modern and advanced than judicial corporal punishment, but it's not true incarceration is always better. The facts clearly show prison does not rehabilitate or deter much crime and merely keeps criminals out of circulation while they are in prison. While the execution of judicial corporal punishment is horrendous and usually bloody, the effects of incarceration are worse. Prison takes offenders away from their families, marriages, jobs, friends, communities and churches and puts them in an extremely bad moral environment for years at a time. Incarceration does not provide the benefit of example, because it is hidden behind prison walls. In prison, convicts learn crime skills, join or re-join gangs, fight, go crazy or get depressed, suffer in solitary confinement, and adopt sick prison values and ways. Most of the time, prisoners do not learn the job and life skills they need to succeed on the outside. After their release, well over half wind up right back in prison.

All slave systems in history whipped slaves, which proves effectiveness. Stable nations using judicial corporal punishment today enjoy significantly lower crime rates than countries that do not. Historically, corporal punishment is abolished only because it is an unpopular reminder of lower social status. For example, as St. Paul reminded a Roman soldier, Roman citizens could not be flogged. In most Western countries, it was curtailed or abolished soon after political equality of citizens was achieved: In France after the French Revolution, in Germany after the revolution of 1848, in the United States after the American Revolution and then more completely after the American Civil War. After Great Britain abolished it, her crime rates increased markedly.

Ex-slaves interviewed as part of the Federal Writers' Project from 1936 to 1938 confirmed the effectiveness of corporal punishment, especially to discipline young males. Some ex-slaves said corporal punishment taught them valuable lessons. Female ex-slaves in particular observed that it was needed and effective. While we often associate flogging with slavery in the United States, it was used effectively by General George Washington to discipline his mainly white troops. The Continental Congress initially authorized Washington to apply no more than 40 lashes, but in 1776, Washington sought and obtained authority from Congress to impose 100 lashes. Shortly before the battle of Yorktown, Washington sought authority to impose 500 lashes. Thomas Jefferson provided for "stripes" in a statute he drew for Virginia. In its early years, the United States did without large-scale penitentiaries.

When executed in public, corporal punishment provides a much better example than prison time. It deters crime effectively. Intense pain fills the offender with a desire to avoid pain in the future. The boredom of prison does not impart the same message. Physical punishment provides offenders with an immediate opportunity to change their behavior and join law-abiding society. Before incarcerated convicts can reform, they must first endure a clean version of hell that discourages their improvement and fails to impart the skills they will need when released.

Judicial corporal punishment is far less expensive and time-consuming than incarceration. Incarceration saddles taxpayers with expenses for food, clothing, shelter, medical care, security, personnel costs, building expenses and other burdens. America's 2.3 million inmates are essentially a huge mass of full-ride welfare recipients. Incarceration removes people from the productive economy, cages them, and prevents most of them from working productively or efficiently in the private sector. Prison industries are state businesses and usually only make products for use by the state. There are not nearly enough prison jobs to go around.

Flogging does not preclude incarceration. Like prison time, it can be held over the parolee's or probationer's head. But corporal punishment is faster and more flexible. Several doses of flogging might be administered in the time it takes to serve a one-year prison sentence. Some offenders will want to "get it over with" and plead guilty, accepting responsibility sooner.

Judicial corporal punishment will not break up families, marriages, communities and careers like incarceration does, nor will it increase welfare costs as much as mass incarceration.

Our society abhors the thought of flogging. Rarely portrayed as a valuable punishment, it is often confused with more arbitrary parental corporal punishment. But the more people learn about modern mass incarceration in the United States, the less they will object to judicial corporal punishment. Studies applicable to often-arbitrary and abusive parental corporal punishment do not apply to the rational use of judicial corporal punishment. We do not have scientific studies concerning judicial corporal punishment. All we have is history... and increasing knowledge of the social disaster caused by modern mass incarceration.
About this Author

For documented effectiveness of judicial corporal punishment, please look inside "Prison and Slavery - A Surprising Comparison," http://www.amazon.com/dp/1432753835. John Dewar Gleissner, Esq. graduated from Auburn University (B.A. with Honor, 1973) and Vanderbilt University School of Law (1977).

Women's Right to Property in India

2012-02-11T00:36:00.001-08:00

Several legal reforms have taken place since independence in India, including on equal share of daughters to property. Yet equal status remains illusive .Establishment of laws and bringing practices in conformity thereto is necessarily a long drawn out process. The government, the legislature, the judiciary, the media and civil society has to perform their roles, each in their own areas of competence and in a concerted manner for the process to be speedy and effective.
To quote Justice Sujata V. Manohar of Supreme Court of India

"...It is not easy to eradicate deep seated cultural values or to alter traditions that perpetuate discrimination. It is fashionable to denigrate the role of law reform in bringing about social change. Obviously law, by itself, may not be enough. Law is only an instrument. It must be effectively used. And this effective use depends as much on a supportive judiciary as on the social will to change. An active social reform movement, if accompanied by legal reform, properly enforced, can transform society."

Historical perspective
An effective social reform movement does need the help of law and a sympathetic judiciary to achieve its objectives. Women empowerment, equal rights to both men and women, equal share of property, etc., are some of the issues which we discuss everyday, in life, newspaper and on television. But the reality which bites is that these issues are still "unresolved". Not much has actually been done to create equality between the male and female gender. The male still dominates society.

If it's a matter of property, then legally male dominate the society. There are numerous laws that say that there should be no discrimination between the sexes, but in reality none are effective enough to actually bring about a revolution; a change in society.

According to the Indian Succession Act, 1925, everyone is entitled to equal inheritance, except Hindus, Sikhs, Jains, Buddhists and Muslims. Under this act, the daughter of a person dying intestate would be entitled only to one-fourth of the son's share, or Rs. 5,000/- (Sthree Dhan), whichever is lesser. The Travancore High Court, however, held that the Indian Succession Act would have no application to the Christian women of the Travancore State in view of the Travancore Christian Succession Act, 1916. Under the State Act, the daughter of a person dying intestate would be entitled only to one-fourth of the son's share or Rs. 5,000/- (Sthree Dhana) whichever is lesser. The application of the State Act was challenged in the Supreme Court in the famous Mary Roy's Case (Mary Roy Vs. State of Kerala, AIR 1986 SC 1011; 1986(2) SCC 209). The Court ruled that the Cochin and Travancore Christian Succession Acts had ceased to be operative on the Reorganization of States and that automatically made the Indian Succession Act applicable to all Kerala Christians bestowing on them equal inheritance rights.

The Hindu Enactment Act, 1956, established that women have equal inheritance rights, as men; and it abolished life estate of female heirs. However, this law could not do the needful as there was another law, the Mitakshara coparcenaries (Hindu Law) that overruled the previous law.
According to Mitakshara coparcenaries, in a joint family, a daughter gets a much smaller share of property compared to the son. While the father's property is shared equally between brother and sister; the brother, in addition, is entitled to a share in the coparcenaries from which the sister is excluded .For example, if the family owns a dwelling house, then the daughter's right is confined only to the right of residence and not possession or ownership.

Recommendations of Women Committees/Commissions on Status of Women in India

In 1975 a committee on the status of women was constituted by the Government of India, to evaluate the current legal provisions in regards to women , so that that a women is not left completely destitute.

Some important recommendations which were made by this committee were that legislative measures should be taken to bring Christian women of Kerala under the Indian Succession Act. The Indian Succession Act should be extended to Goa and Pondicherry respectively to undo the relegation of widows to fourth position in matters of succession and to undo the inferior position to which Christian women are relegated by not being considered as full owners of property. In regards to succession to property among Hindus, the right by birth should be abolished and the Mitakshara co-parcenary should be converted into Dayabhaga (the retention of Mitakshara co-parcenary perpetuates inequality between sons and daughters as only males can be co-parceners, and inheritance is only through the male line). The exception provided in Section 4 (2) of the Hindu Succession Act relating to devolution of tenancies should be abolished (this provision, as it stands now excludes devolution of tenancy rights under various State Laws from the scope of the Act).

The discrimination between married and unmarried daughters regarding right of inheritance of dwelling houses caused under Section 23 of the Hindu Succession Act should be removed.
The right of testation should be limited under the Hindu Succession Act, such that female heirs are not deprived of their inheritance rights. There is need for legislation in Muslim Law to give equal share of property to the widow and daughter along with sons as done in Turkey.

In Matrimonial property, legal recognition should be given to the economic value of the contribution made by the wife through household work for purposes of determining ownership of matrimonial property, instead of continuing the archaic test of actual financial contribution; On divorce or separation, the wife should be entitled to at least one-third of the assets acquired at the time of and during the marriage.

The National Commission for Women had also recommended certain amendments in laws related to women and property. Under Indian Succession Act, 1925 it suggested that Sections 15 and 16 of the Act, should be amended, removing mandatory linkage of wife's domicile with that of the husband. Further, it recommended that appointment of testamentary guardian may be the right of both the parents acting concurrently. Widows should be granted letter of administration to deal with the Estate of the deceased husband unless excluded by the Court for sufficient reasons (Section 219 (a)).and application made by the widow to be disposed of within a year (Section 218 (2).In Hindu Succession Act, 1956 It suggested that equal distribution should be made of not only separate or self acquired properties of the diseased male, but also of undivided interests in co-parcenary property. Daughter of a co-parcener in a Hindu joint family governed by Mitakshara Law to be co-parcener by birth in her own right in the same manner as her son; she should have right of claim by survivorship and to have same liabilities and disabilities as a son ;further co-parcenary property to be divided and allotted in equal share.

The right of any heir to claim partition of a dwelling house to arise only after settlement of widowed mother's rights is disposed with in case the deceased male is intestate.
A remarkable dent in this situation was made by the Hindu Succession [Andhra Pradesh] Amendment Act, 1985, which initiated a remarkable development. This law stated that, in any circumstances, the rights of the daughter are equal to that of the son. This new law found the Mitakshara system in violation of the fundamental right of equality bestowed upon women in Indian Constitution. Following Andhra Pradesh, the States of Tamil Nadu, Maharashtra and Kerala subsequently also amended their laws by including women as members of the coparcenaries.
The Rajya Sabha on August 16, 2005, passed the Hindu Succession (Amendment) Bill, 2004, (Hindu Succession (Amendment) Act, 2005,) which is now a law, giving daughters and sons equal rights to property. According to this law, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family. This law has completely abolished the Hindu Succession Act 1956 by giving equal rights to daughters in the 'Hindu Mitakshara Coparcenary property', as sons have. If however, any of the parents have built some property and have made a will of their own, this law would be ineffective.

Myth

Earlier, the law use to put the male heirs on a higher footing by providing that they shall inherit an additional independent share in co-parcenary property over and above what they inherit equally with female heirs; the very concept of co-parcenary was that of "an exclusive male membership club" .Now this concept has` been abolished . But surprisingly, even today, even after the new law, co-parcenary remains a primary entitlement of males; no doubt law provides for equal division of share between all heirs, male and female on the death of a male co-parcener, but in practice the scene is totally different .Legally, Intestate self acquired property devolves equally between male and female heirs; but , even toady female heirs are asked to relinquish their share by making relinquishment deeds on their signature and are commonly submitted in courts. If the intestate property includes a dwelling house, the female heirs have no right to partition until the male heirs choose to divide their respective shares. If a Hindu female dies intestate, her property devolves first to husband's heirs, then to husband's father's heirs and finally only to mother's heirs; thus the intestate Hindu female property is kept within the husband's lien.

Conclusion

To actually achieve equal inheritance for all, the laws have been amended. In regard to succession to property among Hindus, the right by birth has been abolished and the Mitakshara School co-parcenary of Hindu Law has been converted into Dayabhaga School that means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property. Daughter of a coparcener in a Hindu joint family governed by Mitakshara Law now is coparcener by birth in her own right in the same manner as a son; she has right of claim by survivorship and has same liabilities and disabilities as a son; now co-parcenary property to be divided and allotted in equal share. The theoretical reforms so far have not been adequate to give all Indian women a right to property on the same footing and terms as men. It varies with region and religion. Even where law has given a right, conventions and practices do not recognize them. Women themselves relinquish their rights. Women, as daughters, wives, daughters-in-law, mothers or sisters tend to lose out and often suffer deprivation. This further gets accentuated when they lose the security of the family, as single women, divorced/separated or widowed. Social awareness of the rights under law, attitudes to adhere to it and a mindset to change law and practice to ensure social justice is therefore urgent.
Therefore a social reform movement is necessary for such awareness and change of mindset. Since 'marriage' is the most traditional institution of initiating a family and preserving it, let registration of marriages be made compulsory It is suggested that to achieve more power for women we must Increase awareness of laws through education institutions, general awareness and legal awareness programmes; sensitize Judiciary, administrators and legislators about implementation of laws in letter and spirit; consider long pending recommendations for amendments of legal provisions on inheritance and strengthen the administrative machinery for the purpose.
About this Author

Rakesh J Saxena
Hindu Personal Laws of India

How We Select State Judges

2012-02-11T00:35:00.000-08:00

The issue of how state judges are selected in the U.S. has been an area of controversy for more than 150 years. There are a number of variations but generally speaking, state judicial selection takes place by one of two methods - by appointment or by election. Initially judges were appointed by the state governors or legislation. Mississippi in 1832 was the first state to write a provision into their constitution to have voters elect state judges. This eventually became the common method of choice for a majority of states for many years.

During the 1930's some highly publicized cases highlighting the role of corrupt politics in the election process, in judicial decisions and the excessive time involved in campaigning caused many people to rethink the judicial selection process. A new plan, commonly called the Missouri Plan became the model of choice for judicial selections.

The Missouri Plan is a method to combine election and appointment of judges. Under the plan, candidates for judicial vacancies are first selected by commissions. They forward a short list of names to the governor. If the governor does not select one of these names to fill the position within sixty days, the committee makes the selection. After one year during a general election, the judge enters into a "retention election" to determine if he will retain his office. This plan is also referred to as a 'Merit Selection Plan with Governor Appointment'. Currently 24 states use this plan.

Other types of appointment methods are:

Governor Appointment (no selection commission) - in use by 3 states.

Legislative Appointment (no selection commission) - in use by 2 states.

There are two different permutations of the election method of selecting state judges. These are Partisan and Non-Partisan elections. Partisan elections have the candidates' party affiliation listed on the ballot. A non-partisan election is one where the candidates are listed on the ballot with no label designating any party affiliation. Six states use partisan elections and 15 states currently employ the non-partisan election process.

The debate continues to rage over which method most limits the role of politics in the selection of state judges, with many states currently involved in trying to redefine their systems. Missouri faces an initiative on their ballot in November; the state's historical merit selection method would be discarded and replaced by direct judicial elections.

Advocates of appointment claim it minimizes political considerations in the selection of judges, improves the quality of the judiciary and ensures judicial independence in deciding cases. In particular, the use of a judicial nominating commission composed primarily of lawyers and distinguished members of the community is seen as bringing a degree of expertise to the process of picking judges. Their argument in its favor is that, unlike elective systems, the Missouri Plan is more likely to select qualified judges they say, because they are selected by experts. This assumes the voters, as a whole, are apathetic toward judicial races, are not familiar with the issues at hand, and are basically not competent to vote on judicial candidates.

Opponents of the so called merit plan say the selection is swayed by political insiders and the plan has handed influence over the judiciary to lawyers (mostly liberal leaning trial lawyers they contend) and bar associations.

The amount of money spent on judicial elections continues to climb - doubling to more than $200 million over the last decade. Only $2 million was spent on those states using the merit system. More and more special interests groups are raising larger and larger sums of money to upset judges that have upheld laws they oppose. According to Jeffrey Neary, a district judge in Iowa, he barely survived a campaign aimed at removing him for granting a divorce to a same-sex couple. He said the experience made him more cautious about how he approached controversial cases. He is up for retention this year. "I don't want judicial positions to be political positions," he said. "If that happens I don't want to be a judge."

Whatever the outcome, we can be sure the judicial selection process will be one of increasing controversy in the foreseeable future.
About this Author

Texas uses the Partisan Election process to elect their state judges. For issues concerning Criminal Law visit http://www.thedicklawfirm.com

A Biblical View of Punishment Redefined

2012-01-20T01:06:00.000-08:00

A biblical perspective: abandoning retribution as a doctrine for legal punishment

I. Introduction

The Old Testament is filled with different mandates regarding punishment for certain acts and crimes, a great deal of which includes the penalty of death. Conversely, the New Testament somewhat disregards the Old Testament idea of punishment, in that it became secondary to Jesus' message of love and redemption. In this respect, both reward and punishment are seen as taking place in eternity, rather than in this life. How do we reconcile these differing views? What are the reasons for the sharp shifts in these fundamental concepts? Moreover, to what extent should our system of criminal law incorporate these biblical models of justice?

II. Criminal Law

Two broad theories of punishment exist which guide our current criminal justice system: utilitarianism and retribution. These theories guide lawmakers in developing general principles of criminal responsibility.

Utilitarianism

From a utilitarian perspective, punishment exists to ensure the continuance of society and to deter people from committing crimes. The primary utilitarianism objective is to augment the total happiness of the community by excluding everything that subtracts from that happiness. There are three distinct forms of utilitarianism: A.

Deterrence

The theory of deterrence suggests that the pain inflicted upon a person who has committed a crime will dissuade the offender (and others) from repeating the crime. Deterrence hinges around the idea that punishment has to be appropriate, prompt, and inevitable. Deterrence protects the social order by sending a message to the public at large. An English judge once defined the standard long ago when he remarked, "Men are not hanged for stealing horses, but that horses may not be stolen." The general theory of deterrence is further divided into two categories. General deterrence describes the effect that punishment has when it serves as a public example that deters people other than the initial offender from committing similar crimes. General deterrence illustrates punishment delivered in order to send a message to everyone that crime doesn't pay. Specific deterrence describes the punishment of an individual designed to prevent that individual person from committing future crimes. This idea generates from the concept that it is impossible for an individual to commit another crime while they're in prison. Both forms of deterrence as punishment methods are meant to discourage individuals from recidivating.

B. Incapacitathon

Specific deterrence is very similar to and often takes the form of the notion of incapacitation. Incapacitating a known criminal makes it impossible for this individual to commit another crime. If a criminal is confined, executed, or otherwise incapacitated, such punishment will deny the criminal the ability or opportunity to commit further crimes which will harm society. The only total, irrevocable punishment is the death penalty. Other punishments, such as imprisonment, produce only partial and temporary incapacitation. Incapacitation, however, does not decrease offenses of convicts who would have not committed additional offenses anyway. Examples of this would include generally law-abiding citizens who committed a "crime of passion" in a specific, non-recurring situation.

C. Rehabilitation

Advocates of the rehabilitative form of utilitarianism believe that punishment will prevent future crimes by reforming prisoners by providing them with skills and assets that could help them lead a productive life after their release. Supporters of rehabilitation seek to prevent crime by providing offenders with the education and treatment necessary to eliminate criminal tendencies, as well as the skills to become productive members of society. Rehabilitation seeks, by means of education or therapy, to "bring a criminal into a more normal state of mind and into an attitude which would be helpful to society." Rehabilitation is based on the notion that punishment is to be inflicted on an offender to reform them as to make their re-integration into society easier. This theory is firmly grounded in the belief that one cannot inflict a severe term of imprisonment and expect the offender to be reformed and to able to adjust into society upon his release without some form of help.

Retribution

The theory of retribution is grounded in the belief that punishment of a wrongdoer is justified as a deserved response to a wrongdoing. Unlike utilitarianism, which punishes in order to prevent future harm, retributivists punish because of the wrongdoing. Thus, the criminal gets his "just deserts" regardless of whether the punishment serves to prevent any future crime. An assessment of desert will take into account "both the harm done and the offender's culpability." The focus on culpability is based on the "presupposition that people are morally responsible for their actions, and requires the court to take into account mitigating factors or excuses such as diminished capacity, duress, and provocation." Under a retributive theory of penal law, a convicted defendant is punished simply because he deserves it and for no other purpose. There is no exterior motive such as deterring others from crime or protecting society - the goal is simply to make the defendant suffer in order to pay for his wrongdoing. Some scholars believe that it is entirely natural for an individual to seek revenge and retribution when injured or harmed by another. Thus, one of the primary reasons for the existence of retribution as a doctrine recognizes the reality that people often need to be relieved of their need to retaliate against those who have wronged them. In fact, it can be argued that it is potentially harmful to the state if it does not satisfy these needs and urges. If the people are not satisfied, as history has shown, then people will sometimes take the law into their own hands in the form of mobs and vigilantes.

III. Biblical Concepts of Punishment

The Old Testament is replete with references and examples of God punishing the Israelites for their transgressions. In Genesis God defines that punishment is based upon a belief in the sanctity of life. God instructs the Israelites in several places within the Pentateuch that with respect to certain crimes, the penalty shall be an "eye for eye, tooth for tooth, hand for hand, foot for foot." A closer look at this historical tradition, however, seems to teach that this penalty was not to be interpreted literally. Instead, what the Biblical instruction really intended was for the victim of an assault or another crime to receive from the criminal the equivalent value of whatever was taken. Regardless, the "eye for an eye, tooth for a tooth" axiom has become synonymous with harsh retribution and supporters of this theory sometimes justify their viewpoint based on this rationale. As well, how do we properly reconcile the prevailing view under the Mosaic Law with the teaching of Jesus? The scriptures tell us that Jesus asked God to forgive his executioners and promised the repentant thief beside him that they would be together in paradise when being crucified. Jesus also told his followers that they were to forgive their enemies, turn the other cheek when assaulted, refrain from judging others, minister to crime victims, visit prisoners, proclaim release to captives and liberty to the oppressed. All of these concepts seem to be in direct contradiction to the punishment concepts laid out under the Mosaic Law, so analyzing the teaching of Jesus to develop our own theory of punishment would prove worthwhile.

Mosaic Law

According to Hebrew teachings, Moses led the Jews out of slavery in Egypt around 1250 B.C. and received the 10 Commandments from God. The Hebrews then put the commandments and other principles into written form as a code of religious and moral laws known as the Mosaic Law. The laws given were in the context of a treaty with the Israelites so they could live according to God's plan and engage in a meaningful relationship with Him. The Hebrew word law when translated always has a positive meaning and is commonly identified as the term "instruction." The law, therefore, was "like an outstretched finger pointing the direction a person should take in life." The Mosaic Law was explicit in its teaching regarding punishment. The sixth commandment was, "thou shall not commit murder." Accordingly, the punishment for murder was, "he who strikes a man so that he dies shall surely be put to death." There are 36 eight capital offenses under the Mosaic system detailed in the Pentateuch which prescribed the death penalty. The Mosaic Law even prescribed the death penalty for violating the Sabbath. It would seem on first glance that the Mosaic era centered its system of punishment around principles of retribution. The phrase "an eye for an eye, tooth for a tooth" expressed a principle of justice also known as lex talionis, which in Latin translates to the "law of retaliation." The literal meaning of this passage would undoubtedly lead one to presume that this calls for punishment very similar to retribution. Prosecutors have even used the phrase in closing arguments in trials to persuade jurors to return particularly harsh punishments, including the death penalty. Accordingly, "an eye for an eye, tooth for a tooth" is widely understood to equate to harsh retribution pursuant to a mentality commonly referred to as "Old Testament justice." However, what the lex talionis actually called for was simply proportionate punishment commensurate with the crime.

If punishment was to be administered, the guilty man was to receive "the number of lashes his crime deserves." Another passage that disregards the literal interpretation of "an eye for an eye, tooth for a tooth" is illustrated by the decree in Exodus how a "person who injured their servant was to let them go free as compensation." In other words, a free mandate for mutilation was not given. Instead, "the aim was proportionate and not imitative retribution, often by way of compensation or restitution." From this, it appears that punishment should be imposed on an offender - normally and certainly no more than - in proportion to what their offense deserves. New Testament The Old Testament's "eye for an eye" is often contrasted with the "turn the other cheek" compassion of the New Testament. Jesus' teaching in the New Testament never directly concentrates on the subject of what method is best to punish criminals. In fact, it should be noted that Jesus' main teaching point focuses on the unseen, remarking, "My kingdom is not of this world." One of the main scriptural references that is readily apparent, which accurately demonstrates this concept is the thief on the cross: Then one of the criminals who were hanged blasphemed Him, saying, "If You are the Christ, save Yourself and us." But the other, answering, rebuked him, saying, "Do you not even fear God, seeing you are under the same condemnation? And we indeed justly, for we receive the due reward of our deeds; but this Man has done nothing wrong." Then he said to Jesus, "Lord, remember me when You come into Your kingdom." And Jesus said to him, "Assuredly, I say to you, today you will be with Me in Paradise." It is pertinent to recognize that Jesus' assurance of salvation only came into effect after the thief died. It should be noted that Jesus did not restore the thief to his status on this earth, which would have thereby recognized his rehabilitation and repentance for his earthly sins. As shown previously, the concepts of justice and proportionality were recognized under the Mosaic Law, while in the New Testament "the virtues of redemption and forgiveness are frequently extolled." Therefore, what the Old Testament says has to be tempered by the examples of mercy shown by Jesus. Christian interpretation of the biblical passage regarding the "eye for an eye, tooth for a tooth" passage has been heavily influenced by Jesus' Sermon on the Mount. Jesus urges his followers to turn the other cheek when confronted by violence: "You have heard that it was said, 'An eye for an eye and a tooth for a tooth.' But I say to you, offer no resistance to one who is evil.

When someone strikes you on your right cheek, turn the other one to him as well. If anyone wants to go to law with you over your tunic, hand him your cloak as well. Should anyone press you into service for one mile, go with him two miles. Give to the one who asks of you, and do not turn your back on one who wants to borrow." Analyzing this passage would assuredly lead one to conclude that Jesus' teaching does not promote a system of justice analogous to the retributive principles discussed previously. Another New Testament passage that is relevant when analyzing how punishment should be considered is the story of the man and woman caught in adultery: At dawn He appeared in the temple courts, where all the people gathered around Him, and he sat down to teach them. The teachers of the law and the Pharisees then brought in a woman caught in adultery. They made her stand before the group and said to Jesus, "Teacher, this woman was caught in the act of adultery. The Law of Moses commanded that such women be stoned. But what do you say?" This they said, testing Him, that they might have something of which to accuse Him. Jesus bent down and started to write on the ground with his finger, as though he did not hear. When they kept questioning Him, He straightened up and said to them, "If any one of you is without sin, let him be the first to throw a stone at her." Again He stooped down and wrote on the ground. At this, those who heard began to go away one at a time, the older ones first even until the last. And Jesus was left alone with the woman standing in His midst. Jesus straightened up and asked her, "Woman, where are they? Has no one condemned you?" She said, "No one, sir." Then Jesus said to her, "Then neither do I condemn you; go now and sin no more." This passage typifies Jesus' message of forgiveness and redemption. It is hard to justify condemning a person for any offense in light of Jesus' teaching here.

This passage conveys that Jesus personified the message of hope and compassion to those who are perhaps undeserving. I personally believe that Jesus' teaching here was a message to the people that they had perhaps taken the Mosaic Law out of context over the years. Assuming this proposition to be true, it would be hard to rely on the Mosaic Law as a justification for any of the punishment methods in our current society. An additional passage that could be interpreted with regards to those incarcerated is Jesus' teaching describing how He will separate the "sheep from the goats" based on how people treat others: Then the King will say to those on his right, "Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me." Then the righteous will answer him, "Lord, when did we see You hungry and feed You, or thirsty and give You something to drink? When did we see You a stranger and invite You in, or needing clothes and clothe You? When did we see You sick or in prison and go to visit You?" The King will reply, "I tell you the truth, whatever you did for one of the least of these brothers of mine, you did for Me." Jesus' teaching in this passage is in direct opposition to anything resembling an "out of sight, out of mind" approach to leaving prisoners detained for incapacitation or specific deterrent reasons. Instead, Jesus directly mentions the virtue of visiting prisoners while they are incarcerated and maintains that the righteous are those who remember to consider the individuals who society has forgotten. Taken as a whole, it seems at the very least Jesus warns against not having compassion for those in prison. Jesus' entire message focused on love and forgiveness. When Christ was executed, he gave a model response to his enemies in His dying words: "Father, please forgive them." Before God, all of us are accused and found guilty. This alone stands for the assertion that all of us fall short of God's grace in many ways, yet Jesus through his divine love still finds the compassion to plead for our forgiveness. Given this, I believe it should be hard for any man to stand in judgment against another. Jesus imparted this knowledge in the Sermon on the Mount: "Judge not, or you will be judged. Condemn not, and you shall not be condemned. Forgive, and you will be forgiven." Based on this, it should be hard for Christians to justify punishment based on traditional retributive principles of letting those harmed seek retaliation in response to a wrongdoing.

Ancient Israel

When interpreting the Mosaic Law it is important to consider that their society was far different from our own. Most religious scholars believe that God revealed to Moses the Torah around the thirteenth century B.C. It was not until the fifth century B.C. that the Hebrews actually put the commandments and other legal principles into written form. According to Jewish tradition, the written Torah was never meant to be read entirely by itself. Rather, it was the starting point for learning the Oral Law, which supplemented the written text in many ways. Considering this, scholars believe that most of the seemingly harsh criminal laws were never applied literally. As such, an "eye for an eye" was never meant to include an actual maiming of an offender. Rather, it called for the monetary compensation for the value of the victim's lost eye. Likewise, there were many significant evidentiary and procedural safeguards for criminal defendants that caused a court to rarely carry out the death penalty, believing God was better suited to "settle accounts." Restitution, rehabilitation, and atonement were paramount considerations regarding criminal punishment - not retribution - contrary to what would likely be assumed given the explicit meaning of "an eye for an eye." Moreover, prison as a method of punishment was virtually non-existent. The use of prisons was limited primarily because the retributive aspect which is so prevalent in our system was not subscribed to as a reason for punishment. That being said, the idea of a violent criminal being able to roam free in the city while trying to make restitution is an absurd idea. It is for this reason why "cities of refuge" were implemented where manslayers were exiled.

IV. Imprisonment as a Form of Punishment in the United States

What is the true aim of our prison system? Some would argue that it is to punish those who have committed wrongs asserting the theory of retribution as justification. However, the more important goal of prisons, arguably, should be in rehabilitating and reintegrating criminals to function in society. John Braithwaite is a renowned scholar and proponent of the restorative justice movement. Braithwaite's hypothesizes in his book Crime, Shame, and Reintegration that fear of shame and having pride in being law-abiding should be the major social forces for preventing crime, but modern criminal justice has become "severely disconnected from those emotions." Instead, the criminal justice system often creates "anger and indignation at the state for offending citizens' dignity in response to the inhumane conditions of prison life." To further support his theory, he invokes the New Testament theory of "hating the sin but loving the sinner." In large part, this rationale is maintained by our increasing reliance on confining individuals within a penitentiary for wrongdoing while having virtually no alternate forms of punishment.

Theory of Incarceration

The overarching remedy in the United States is to punish people when they commit crimes through incarceration. Restitution is sometimes included, although most often it is afforded as a civil remedy and is not considered in the criminal context. As Americans we pride ourselves in our freedom and our ability to freely engage in the "pursuit of happiness." Perhaps the reason we rely so heavily on threatening offenders with incarceration is because by doing this society is effectively taking away a fundamental privilege enjoyed by every American citizen. However, it would unquestionably be wise if legislators and policymakers would evaluate if incarceration is indeed the only way to achieve the objective of discouraging crime. A prevailing view among the law enforcement community reflects the attitude "if you commit the crime, you do the time." Once a person willingly engages in an activity that is prohibited by law we feel that person has subjected itself to the absolute certainty of imprisonment if apprehended. Once incarcerated the prisoner will spend their sentence in the hostile environment of a penitentiary awaiting either parole or release, often subjected to violent crimes from other inmates which are sometimes ignored by prison officials. Our prisoners often face degrading living conditions, filled with overcrowding and a general atmosphere of brutality of physical and sexual violence. These conditions undoubtedly create stress, fear, and anger which promote dysfunctional behavior that is damaging and dangerous to society once the prisoner is released. According to Michael Foucault, given the isolation, boredom, and violence prisoner's face, "the prison cannot fail to produce delinquents." As noted previously prison was almost completely ignored in Ancient Israel as a method of punishment. The Israelites did not see any objective to locking someone up in a cell without using this time to make them more productive members of society. One flaw of our system that was recognized with the Ancient Israelites centuries ago was the benefit of segregating criminals within the cities of refuge based on the degree of offense. Only negligent killers were allowed asylum in the cities of refuge, while intentional and reckless killers were not afforded this privilege. In our current system violent criminals often are interspersed with other offenders who are confined for far less serious offenses. Empirical studies have shown that recidivism rates are far lower if low-risk offenders are segregated from more serious offenders.

A Debt Owed to Society

It is often said that a criminal who has served a term of imprisonment has "paid his debt to society." In almost every case, however, the crime usually involves the criminal offender and some victim. Notwithstanding, society as a third party intervenes and our concept of justice revolves around payment to, it as opposed to the victim. Victim participation, from arrest to sentencing, needs careful examination as to what extent the government should actually play in these roles. The idea that the criminal pays a debt to society when punished assumes that "all members of society have made a tacit promise to obey its laws that they have broken." They then pays this debt when the "compensates society for their broken promises." This assumption presumes a membership that is not "voluntary which cannot be avoided and implies a promise made without assent." So, if the criminal did not "technically promise to do anything, the lawbreaker had no promise to keep, and therefore no debt to pay." For this reason few offenders accept punishment and even fewer repent of their offenses. Our system has lost sight in many respects the role of the victim in most crimes. For instance, with most thefts monetary restitution is usually neglected in our present legal practices. Punishment is not concerned with the actual loss or damage caused by the prohibited act, but only with the integrity of preserving the legal order. The punishment threatened by society proclaims the wrongness of the act and seeks to deter potential offenders, rather than actually compensate individual victims. If society is to be compensated for anything it should be for the breach of its peace. Our criminal justice system knows no other remedy except imprisonment in order to punish for crimes which possibly could be satisfied by alternate means.

Restorative Justice

Restorative justice is a growing movement that involves an approach which strives to maximize forgiveness, hope, and a positive outcome for all parties. The Dalai Lama is a strong proponent of restorative justice, and has taught that "the more evil the crime, the greater opportunity for grace." In the words of the Dalai Lama: "Learning to forgive is much more useful than merely picking up a stone and throwing it at the object of one's anger, the more so when provocation is extreme. For it is under the greatest adversity that there exists the greatest potential for doing good, both for oneself and for others." Advocates of restorative justice see "crime as an opportunity to prevent greater evils, to confront crime with a grace that transforms human lives to paths of love and giving." Current restorative justice philosophy centers around "bringing together all stakeholders to engage in neutral dialogue regarding the consequences of the injustice which has been done." These stakeholders meet in a circle to discuss how they have been affected by the harm and come to some agreement as to what should be done to right any wrongs affected. The key component to restorative justice is that it is wholly distinguishable from punitive state justice. Restorative justice is about healing rather than hurting. Responding to the hurt of crime with the hurt of punishment is rejected because the idea is that the "value of healing is the crucial dynamic." The restorative justice movement has been growing in strength, although there are different and conflicting conceptions of what exactly the concept entails. The central theme is a process of reparation or restoration between offender, victim and other interested parties.

Rehabilitation

As a society we must help alienated people by reviving their dignity and giving them the skills and knowledge to help themselves. Through education and job training, criminals can have the power to take control of their own life and contribute to the community when they are released. Once able to contribute to the community, a person will feel a sense of ownership to the community. They will therefore want to protect the community, and uphold its laws. In short, a criminal with the right rehabilitation can be turned from a menace to society into a very valuable asset. The primary goal optimally should be the reintegration of the suspended individual back into the main stream of life, preferably at level greater than before. Many individuals after their stint in prison try to make it on the outside, but sometimes have to resort to committing more crime in order to survive. Most convicts have no money, education, or training and have a "stigma of being an ex-convict" which makes finding employment all the more difficult. Most of those who are caught and convicted are released either free or on probation at some point. However, they rarely receive the benefit of treatment. A prisoner who is not given the chance to get an education, receive job training, and have healthy interactions with others is likely to walk out of prison in worse shape than when he went in. Conversely, after undergoing effective reform programs and treatment, he could hopefully have a positive impact on the community when he re-enters. The true aim of our prison system, therefore, should be to reform and rehabilitate criminals, not simply to punish them.

VI. Conclusion

Policy towards offenders has grown more punitive, and thus more retributive, over the last few decades. Most states and the federal government have instituted mandatory sentencing guidelines, the lengths of sentencing has grown tougher, and harsher penalties have been imposed reflecting this retributive shift. As a result, the prison population has exploded out of control and the rate of incarceration has increased exponentially. Considering the amount of individuals who have spent time in some form of a correctional facility within the United States, we must collectively assess what we realistically expect of these people after they are released. This article is not advocating that we incorporate implicitly the techniques used by the Ancient Israelites such as the cities of refuge or involuntary servitude because these methods are likely outdated. Rather, it is suggesting that anyone using a conception of punishment based on strict principles of harsh retribution using "Old Testament justice" as justification are relying on a misguided view. Although popular perception might be that the Ancient Israelites used harsh retribution as the cornerstone for meting punishment, a closer examination indicates that rehabilitation and restitution were their primary goals. As such, while specifically incorporating their ideas such as the cities of refuge might be impracticable in our current society, their underlying ideas for their use may not be. Surrounding criminals with positive influences, preserving a humane environment for prisoners, protecting their physical safety, allowing for opportunities for education, and an increased reliance on intermediate forms of confinement are all factors that might serve to collectively improve the U.S. penal system. These are all utilitarian objectives aimed at improving society, so abandoning the notion of retribution as punishment might be required under a Biblical conception. Moreover, while the teaching of Jesus focused on the eternal concepts of life, it is undeniable that His message included the virtues of exhibiting grace and mercy to those undeserving. Therefore, locking prisoners in an inhumane environment with absolutely no consideration for their well-being is in direct contradiction to the teachings of Jesus. Jesus taught that his grace and love is available for anyone who will receive Him. The scripture never indicates that there is anyone who is beyond the infinite love of the Savior of our world. Accordingly, anything akin to an "out of sight, out of mind" approach to warehousing criminals in a cruel and callous environment assuredly cannot be justified pursuant to the teachings of Jesus.
About this Author

Carl David Ceder is passionate about reading about ancient times and comparing it to many modern day problems, please visit his website at http://www.CarlCederLaw.com or http://www.TheDFWDefender.com.

Illegal Bail Bond Solicitation Hurts the Industry

2012-01-20T01:05:00.000-08:00

When done right, a bail bondsman can earn a good living. While the majority of bondsmen work hard to deserve the trust of their clients, there are those who seek to increase their business through underhanded means. There have been many instances of bail bondsmen cold calling families of defendants, handing out flyers in the courthouse, or paying inmates to solicit clients within the jail.

With so many effective and legal options for marketing a bail bond business, it's not only surprising, but disheartening to see that agents are willing to risk their careers and the reputation of the industry for a few extra clients. Not only does this type of behavior affect their company, but it reflects negatively on the thousands of other agents out there who run an honest bail bond company.

The Negative Impact

The bail industry already faces opponents, so having a few black sheep in the business gives those who want to do away with private bail bondsmen another weapon to fire. The more trouble a state sees brewing in privately run bail bond businesses, the stricter the state will be about bail bond marketing.

Illegal solicitation also hurts fair competition among bond agents. When an agent intercepts any arrestees in the courthouse or jail, it makes it more difficult for fellow bondsman to bring in business. Furthermore, unscrupulous bondsmen hurt the public by undermining trust and allowing defendants to get out of jail who have no real means to pay their bail.

The Penalties

Each state has its own set of laws regulating the bail bond industry, but for any agent found guilty of illegal solicitation could face severe penalties and even the loss of their license. Being sentenced to several years in jail is another possibility for these unprincipled bondsmen.

Avoid Bail Solicitation

If you are looking for a bondsman, you will want to look into your own state's laws regarding bail bondsmen and marketing to find out which practices for solicitation have been outlawed, but here are a few practices to avoid in order to get a bondsman with a solid reputation in the industry:

* Bondsman shouldn't loiter around the jail or courthouse. Most states have made handing out flyers or directly approaching people in the courthouse or jail a no-no. Certainly, bondsmen have legitimate business in jails and courts, but a bondsman is not allowed to approach potential clients to solicit business.

* Inmates making money for referrals. This is a sure-fire way to land in hot water. Bondsmen have been caught offering incentives or reduced bail amounts to inmates in jail who encourage others to use their agency. This violates state's laws about bail solicitation. It is also illegal for an unlicensed person to negotiate or execute a bail bond if they are not licensed by the state to do so.

The bail bond industry provides a valuable service to citizens. There is plenty of business to be had for agents who are willing to put in the time and effort needed to market themselves legally. Avoid bondsmen who solicit clients illegally and help boost your state's confidence in the bail bond industry.
About this Author

The Rynerson family of bondsmen has been providing California bail bonds with integrity since 1971. When you need options for bail or to learn about the bail bonds process, contact an expert bail bondsman. Greg Rynerson Bail Bonds serves all jails in California.

Department of Justice Judicial Selection

2012-01-20T00:46:00.001-08:00

Upon taking a look at the methods used in the United States by the Department of Justice for judicial selection, what is truly remarkable is that various methods have been used over the years. At present, different methods are used at both the federal and state levels. For example, at the federal level the Department of Justice gives the President of the United States the privilege of nominating judges; the Senate must confirm the President's nominations by a majority vote. Now, when talking about judge selection at the state level, it must be said that the process is not quite as simple given the fact that states can choose between different systems, which can be grouped into five major categories: gubernatorial appointment (the governor appoints the judges directly); legislative election (judges are chosen by the legislature); partisan election (voters choose between party nominees in general elections); nonpartisan election (voters choose judges in a general election); Missouri Plan (a commission creates a short list of nominees; the governor chooses from that list).

Thus far it has been made clear that the systems used, both at the federal and state levels, are different; these differences, however, are only observable in theory, but in practice, there is no way to either observe, or measure, such differences. Why? Because in the end, the procedure through which judges are appointed remains invariable; the Department of Justice, in the end is only concerned with political accountability, not with justice independence. In other words, the United States has a judiciary system that is conditioned by politics; parties elect judges that share their ideologies (and block the appointment of those that do not), political favors are given (and taken) in exchange for appointments, and in the end the result is that the United States' legal system works to support political agendas (the defense of the laws themselves, and the quality and knowledge of those appointed as judges with what has to do with laws, are matters of secondary importance).

Justice and politics are in fact related, but they are two fundamentally different institutions, and as such, it should not happen that one uses (abuses even) the other in order to satisfy its own needs and wants. Justice was created by man to watch over, to defend and guarantee, the preservation of his rights and liberties, despite of what such defense might do to politics or party interests, for that matter. Furthermore, it is important to keep in mind that judiciary appointments, both at the federal and state level (both under the watchful eye of the Department of Justice), should be performed using the same system. Why? Ultimately, because regardless of it being a Supreme Court Justice appointment, or a municipal court judge appointment, justice must be exercised in the same way (with the same rigor and efficiency).

Justice is a social institution that man created hundreds of years ago, when societies were first set up; given its important for the maintenance of the social establishment, justice has grown and developed over time, but its development has not been without problems. Justice and politics are two separate matters; in order to have effectiveness and justice in the exercise of the law, it is important to establish a new system, one that is homogeneous (for all levels of justice) and that is independent from the other branches of government. This is a task that the Department of Justice will need to see completed before justice can truly be served objectively and righteously.
About this Author

I AM AN ODESK WRITER

Larry Louie L. Maraggay

Explaining Violent Crimes

2012-01-20T00:46:00.000-08:00

%3Cdiv+style%3D%22text-align%3A+justify%3B%22%3E%0D%0AViolent+crimes+refer+to+any+criminal+offense+which+involves+the+use+of+or+threat+of+force+towards+another+person.+Violent+crime+covers+a+broad+spectrum+of+violent+crimes+which+are+divided+into+five+categories+by+the+United+States+Department+of+Justice.+These+include+murder%2C+rape+or+sexual+assault%2C+robbery%2C+aggravated+assault+and+simple+assault.%0D%0A%0D%0AWith+violent+crimes%2C+violence+can+either+be+the+objective+or+they+can+be+a+means+to+an+end+%28as+in+robbery%29.+Additionally%2C+a+violent+crime+may+or+may+not+involve+the+use+of+a+weapon.+A+person+can+murder+another+human+being+with+their+bare+hands+or+in+a+more+insidious+way%2C+such+as+poison.+They+do+not+have+to+use+a+firearm+or+knife+to+commit+such+a+heinous+crime.%0D%0A%0D%0AViolent+crimes+are+prosecuted+as+felonies%2C+which+means+that+a+conviction+can+involve+years+in+a+state+prison.+Not+only+can+they+involve+a+lengthy+prison+sentence%2C+the+state+of+Florida+enacted+the+%22three+strikes+law%22+in+1996.+That+means+that+a+violent+felony+conviction+would+count+as+a+%22strike%22+on+your+criminal+record.%0D%0A%0D%0AWhat+is+the+three+strikes+law%3F+The+three+strikes+laws+were+enacted+by+state+governments+of+the+United+States.+These+laws+require+the+state+courts+to+hand+down+mandatory+sentences+to+criminals+who+have+been+convicted+of+a+violent+felony+on+three+or+more+separate+occasions.+Florida+is+one+of+the+states+that+have+adopted+their+own+form+of+habitual+offender+laws.%0D%0A%0D%0AUnder+the+three+strikes+law%2C+repeat+offenders+are+subjected+to+increased+and+extended+prison+sentences.+They+are+also+limited+or%2C+in+some+cases%2C+prohibited+from+receiving+an+alternative+form+of+punishment+other+than+a+prison+sentence.%0D%0A%0D%0AIn+addition+to+the+%22three+strikes+law%2C%22+the+state+of+Florida+is+one+of+the+states+that+carry+the+death+penalty.+This+means+that+individuals+who+are+facing+serious+violent+crime+charges+such+as+murder%2C+could+be+sentenced+to+death+in+a+court+of+law.%0D%0A%0D%0AAlthough+most+violent+crimes+involve+the+use+of+force+or+violence%2C+a+crime+can+still+be+categorized+as+a+violent+crime+even+if+it+only+involved+the+%22threat%22+of+violence.+For+example%2C+the+crime+of+assault+falls+under+this+category.+Assault+can+vary+depending+on+the+facts+surrounding+the+case%2C+however%2C+assault+by+definition+involves+the+threat+or+use+of+force.+Physical+contact+does+not+need+to+take+place+in+order+to+be+convicted+of+assault%3B+simply+the+threat+of+violence+is+sufficient.%0D%0A%0D%0AAssault+charges+can+range+from+simple+assault+to+aggravated+assault.+Simple+assault+can+be+charged+as+a+misdemeanor%2C+however%2C+it+is+often+prosecuted+as+a+felonious+crime.+Battery%2C+on+the+other+hand%2C+involves+actual+physical+contact+with+the+victim.%0D%0A%0D%0ASexual+assault+and+rape+are+categorized+as+violent+sex+crimes.+Sexual+assault+refers+to+non-consensual+sexual+contact%2C+whereas+rape+is+associated+with+non-consensual+sexual+intercourse.+Furthermore%2C+sexual+crimes+committed+against+children+are+felonies.%0D%0A%0D%0ARobbery+is+a+violent+crime+where+the+victim+is+typically+confronted+by+a+weapon.+Robbers+commonly+use+a+firearm+or+knife+to+instill+fear+in+their+victim%2C+in+order+to+get+them+to+hand+over+their+purse+or+wallet.+Carjacking+is+a+similar+type+offense+where+the+carjacker+will+threaten+to+use+a+weapon+against+the+victim+unless+they+turn+over+their+vehicle.%0D%0@%0D%0AHomicide+charges+are+by+far+the+most+serious+types+of+violent+crimes+as+they+involve+the+death+of+another+human+being.+Murder+and+manslaughter+charges+are+divided+into+degrees.+For+example%2C+a+person+who+meticulously+plans+to+murder+their+victim+and+lies+in+wait+for+them+can+be+guilty+of+a+capital+offense+and+sentenced+to+death%2C+whereas+a+person+who+accidentally+strikes+and+kills+a+pedestrian+with+their+car+will+face+lighter+sanctions.%0D%0A%0D%0AViolent+crimes+are+inherently+serious+in+nature%2C+thus+a+conviction+can+ruin+your+life.+Those+convicted+of+violent+crimes+face+lengthy+prison+sentences%3B+therefore+defending+them+requires+the+help+of+an+experienced+criminal+defense+attorney.%0D%0A%0D%0AIt+is+not+entirely+uncommon+for+extenuating+circumstances+to+lead+to+%22criminal+acts%2C%22+therefore+a+strong+defense+is+your+only+option.+A+criminal+defense+attorney+will+know+how+to+cross-examine+evidence+and+witness+testimony.+They+will+also+have+the+tools+to+unearth+any+mitigating+evidence+that+could+help+you+achieve+a+more+favorable+outcome+in+the+charges+against+you.%0D%0AAbout+this+Author%0D%0A%0D%0AThe+Law+Offices+of+DiRenzo+%26amp%3B+Weick+is+a+criminal+defense+firm+serving+the+residents+of+Fort+Lauderdale+and+the+surrounding+areas.+Their+firm+has+been+successfully+defending+clients+for+more+than+seventeen+years.+At+DiRenzo+%26amp%3B+Weick%2C+you+can+feel+confident+knowing+that+your+case+will+be+handled+by+an+experienced+Fort+Lauderdale+criminal+defense+lawyer+who+you+can+trust.+No+matter+what+brought+you+to+the+charges%2C+they+believe+their+clients+are+innocent+until+proven+guilty+beyond+a+reasonable+doubt.+Therefore%2C+they+will+place+the+burden+of+proof+upon+the+prosecution+to+prove+otherwise.+You+are+urged+to+take+action+immediately+by+contacting+their+firm+at+%28866%29+622-0636+for+a+free+case+evaluation%21%0D%0A%0D%0AFor+additional+information+visit+the+firm%27s+website+at+http%3A%2F%2Fwww.FortLauderdaleDefenseLawFirm.com.%3C%2Fdiv%3E%0D%0A

Tips for Appearing for Yourself in an AVO Court Appearance

2012-01-20T00:44:00.001-08:00

If you have decided to consent to an Apprehended Violence Order (AVO) there is little point using a lawyer. However, for some people who may not be good at speaking in public appearing in Court is a terrifying experience. For these people they may choose to select a lawyer.

The following tips are designed to assist people who may want to appear for themselves.

1. In most Sydney metropolitan courts there are domestic violence liaison officers (Police officers) who support and look after the interests of those people seeking an AVO. You should find one of these officers and ascertain the orders that the protected person (Person for whose protection and order is being sort) is seeking against you. Quite often the protected person may seek additional orders then what is in the original application or the provisional or interim AVO.

If there is no domestic violence liaison officer at court then you can approach the police prosecutor either before court or when the court adjourns. Most Police Prosecutors are helpful and will be able to confer with the protected person as to the orders they seek. Sometimes the Police Prosecutors may be busy and may not assist you at all. Try and not become upset or abusive towards the police prosecutor.

2. Once you are satisfied that you understand the orders that the protected person is seeking you should speak with the court officer in the court that you are appearing in. You should advise this person that you are ready to agree to the AVO. This can often save you waiting for a long time before the court decides to call out your name.

3. When your matter is mentioned by the court you will normally make your way from the public gallery to a microphone that will be at the end of the bar table (where the lawyers sit). This is normally at the end opposite the police prosecutor. The Magistrate will ask you whether you consent to the making of an AVO against you for a set period of time. Normally the Magistrate will also read out the conditions of the AVO that you are consenting to. If you agree to those orders you then need to advise the court of this.

4. Normally the whole process once the matter is mentioned takes approximately 5 minutes.

5. Once the court makes the order you will normally be asked to wait for staff from the court office to type up the AVO. Once this is done the court office staff will read and explain the AVO to you. If you are happy that the AVO reflects what you consented to in court then you should sign the AVO. If you are not you should mention this to court office staff and ask them that the matter go back before the court so that any corrections can be made.

In most cases there are little or no issues that would cause you concern.
About this Author

Lionel Rattenbury
Criminal lawyer Sydney

The information in this article relates to the laws and court procedures in NSW, Australia. Different but similar laws and court procedures apply in different states of Australia.

Criminal Defense Lawyers - Questions to Ask During Your First Meeting With Your Lawyer

2012-01-20T00:44:00.000-08:00

The last thing any of us want is to deal with the possibility of conviction for a crime. Whether you have become involved in something illegal by accident or are driven in the heat of the moment to commit wrongdoing, you should know that you still have the right to fair trial. As such, if you are able to afford the services of a criminal defense attorney, it is important to find one who will competently handle your case and work toward a solution beneficial to you. That said, you will need to thoroughly interview your candidates.

When you first sit down to meet with your lawyer, come prepared. Bring along every bit of information related to your case - this includes court documents, bail papers if applicable, and any police paperwork related to your incident. Be ready, too, to ask many questions of your attorney, which can include the following:

    * Have you handled a case like this before? If so, how many?
    * Did all of the cases go to trial or were you able to settle out of court?
    * How successful were you in winning clients acquittal or lighter sentences?
    * How long have you been in practice?
    * Where did you get your law degree?
    * What are your qualifications for handling this specific case?
    * How do you suggest I plead in this case?
    * What can I expect if I go to trial?
    * Will I be required to take the stand if we go to trial?
    * Do I have any advantages with regards to witnesses, evidence, etc.?
    * Will you work this case alone, or do you have a partner or assistant?
    * How do I contact you if I have more information to give?
    * How long do you think a trial will take if we go to court?
    * How much do you charge, and what is the payment plan?

The more you know about the trial procedure going in, the better prepared you will be when the time comes. After meeting with your lawyer, if you feel you can have a good relationship with the firm and the attorney is qualified and competent enough to represent you, continue the open lines of communication so you will know what to expect every step of the way.

Remember, the lawyer you hire will plead your case and work to ensure you receive a fair trial if your case goes to court. Be cooperative and don't be afraid to ask questions.
About this Author

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

Mental Disorders and the Legal System

2011-12-05T01:12:00.000-08:00

There are many ethical decisions made daily in the psychology field. Whether these decisions are made to protect patients or others, to keep a mentally ill person from receiving a prison sentence and getting them the mental help they need, helping those with cultural differences, or making sure that a potential patient or study participant has given informed consent, making the correct ethical decisions can be difficult for mental health professionals. Because of this, many laws have been created to put some of these ethical decisions into stone thus relieving some of the difficult decisions that a mental health professional may face.

Psychology and the law spans a number of areas including that of prosecuting of those with mental illness. There have been many legal cases where the defendant had a mental illness that caused them to hurt or murder others. Because of these legal cases and ethics in psychology, a number of laws have been created in order to protect both those with mental health problems and the general public. For example, if someone is declared to have been "legally insane" while the person commits a crime, the crime can be considered as an accident. Instead of the person going to prison, he or she is instead sent to a mental health care facility to be treated. This law protects the mentally ill who, had he or she not been stricken with mental illness, may not have committed the crime.

The laws surrounding prosecuting the mentally ill bring up a number of questions. Deciding whether or not a particular defendant is to be found innocent or guilty of their crimes based on their psychological state when the crime was committed is a difficult choice for mental heal care professionals, judges, and juries. These decisions not only weigh heavily on the defendant's future life, but also can weigh on the lives of judges and juries as these decisions can have mental consequences. Furthermore, these decisions an also have a consequence on the general public either by protecting them from future harm or by creating a legal precedent that can make changes in human rights.

As there is some gray area in these laws, the laws are constantly changing to keep up with the changes in the mental health field. As the mental health field grows, many laws change to reflect this so that patients, professionals, and the public can receive the full rights and protection they deserve.
About this Author

Melanie writes articles on HubPages on topics such as cultural psychology and informed consent in research and a number of other topics.

Criminal Defense Attorneys and Court Appointed Attorneys

2011-12-05T01:10:00.000-08:00

Quite frankly the top criminal defense attorneys and court appointed attorneys are the ones that win the most cases and get the most satisfying results for their clients. Court appointed attorneys do not publish their case results so their success in court is obscure. You should choose a criminal defense attorney that gets the best case results for their clients, not an attorney that gets the highest opinion or recommendation of a judge or other attorneys. The opinions of judges or other attorneys can always be swayed by personal meetings and relationships. It makes complete logical sense to choose a criminal defense attorney that wins the most cases or gets the best results for their clients in the same way that a top boxer or athlete is the one that wins the most.

Many articles have been written on choosing between hiring a criminal ddfense attorney and getting a free court appointed attorney. A misconception is that a court appointed attorney will fiercely fight for you and give effective counsel. Court appointed attorneys have heavy case loads and very limited time to work on your case. The limited time they have to work on your case will affect the success or failure of your case results and ultimately your life.

A private criminal defense attorney that works on a team of criminal lawyers and experts that communicate thoroughly with you and have the resources and time dedicated to your case is going to maximize the potential of a good outcome. Providing you with the best legal counsel to win your case is the responsibility and probably the intention of every criminal defense attorney, whether public or not. However, governmental budget restraints and an overloaded judicial criminal court system is the reality that a public defender and defendants that choose them must accept.

If you decide to get a court appointed attorney you are also taking a risk because that particular one may not specialize in the type of criminal law that you have been charged with or have meager or no experience at all. Court appointed attorneys that have insufficient experience defending criminal cases are not likely to have a comprehensive understanding of the rules of evidence, especially if they have no experience with the criminal charges you are facing. Attorneys deficient in experience will also have difficulty identifying the strengths and weaknesses of your case, trying your case in the court room, and will also have little credibility negotiating a good deal for you.

There are also court appointed attorneys and law students who have no experience at all and that is why they're working in the public defenders' office; to gain experience. As you can expect this is the worst possible scenario as law schools are not what the real world is like, and the criminal law courtroom is extremely different than a classroom. A court appointed attorney may be a law student or brand new attorney standing up in court for the very first time. He may be more scared than you are and be intimidated by a prosecutor with years of experience in criminal law, the courtroom, with trials and plea bargains. This is not the situation that you want to find yourself in when you're life and liberty is on the line.

A criminal defense attorney having experience in criminal law and the criminal charges that you are facing is extremely valuable when deciding on whether or not your case goes to trial and plea bargaining. A criminal defense attorney that has thoroughly reviewed your case with other criminal lawyers and experts in the field will pool their experiences and expertise giving you the advantage of a very knowledgeable criminal defense team fighting for you. A good criminal defense attorney will also have your case investigated by experts to assure that he or she is making the appropriate decision on whether or not your case has enough probable and sufficient evidence to seek the advantages of going to trial or the alternative decision to take a plea bargain. Either way knowing your case from the inside out and all possible scenarios will enable your attorney to effectively represent you in criminal court and get you the best case results.

You may get very lucky with a court appointed attorney with a light work load, but chances of this happening are not likely. Problems of low salaries and excessive case loads commonly plague many state public defenders' offices. Some court appointed attorneys juggle over two hundred cases. In Los Angeles County it is very common to have one public defense attorney handle over 300 cases, which is well over the maximum caseload size of one hundred recommended by the American Bar Association for a full-time practicing attorney. Even the most well-intentioned and passionate court appointed attorney may be overwhelmed and jeopardize their client's constitutional right to effective counsel.

Gambling your life on an already overburdened criminal court system could land you in jail with heavy fines and few answers. You may even find yourself with a severely jeopardized future or no future at all. You owe it to yourself to retain a criminal defense attorney that is meticulously dedicated in representing you so that you may go on living your life.
About this Author

An expert on criminal defense from LibertyBellLaw.com wrote this article. Read about our criminal defense attorneys, their case results, recent case wins in the news, and our criminal law areas of distinction.

How A Criminal Attorney Is Able To Help You

2011-12-05T01:09:00.001-08:00

In the United States, criminal law is arguably the most complex area of law, since it comprises a wide range of concepts. As a result of this, there are a wide range of available attorneys that specialize in criminal defense. A good criminal attorney will advocate on behalf of their client in court and defend them to the best of their abilities against criminal charges.

Several offenses are deemed to be illicit and immoral in nature because of the gravity of their consequences. The most representative crimes falling under this legal area include homicide, assault, theft, drug trafficking and sexual offenses. Certain lawyers specialize in a specific kind of crime, whereas others widen their area of practice to include all illegal acts.

Choosing the right lawyer to represent you in your case is a decisive factor in whether you will succeed or not. As may be expected, there are various types of lawyers specializing in different areas, so choosing the right lawyer will mean greater efficiency and competence. A strong defense is much more likely when the lawyer you choose already has expertise in the defense of the crime you're accused of.

When a person is arrested and charged with a criminal act, they will inevitably feel crushed by the harsh reality. Indeed, persons who go through such an ordeal often describe it as the most traumatic period in their lives. Furthermore, the family of the accused will also share the burden of fear and anxiety.

It therefore becomes crucial to appoint a reliable defense lawyer to take care of your legal issues in these troubled times. The shock will make an individual feel helpless and at a loss as to what to do, so having a lawyer by your side will allow you feel more at ease and confident that the matter is in a professional's hands.

Apart from the emotional blow, a person facing such serious charges also has their reputation at stake. It is inevitable that when a person is arrested and accused, his record will suffer an indelible mark, which might well influence their life later on. It is only through a sound criminal defense that an individual can safeguard their reputation and professional credibility.

The most common fear of defendants is being sentenced to time in prison. Being forced to spend a period of time incarcerated will mean a harsh separation from loved ones, as well as a huge blow to one's reputation. Most people faced with a criminal charge tend to panic and imagine themselves in jail before a criminal defense lawyer is hired. Fortunately, a good attorney will manage to eliminate the certainty of jail, or at least lessen the period which must be served.

Browsing the internet will help you make an informed choice in your time of need. Many lawyers today have their own website through which they can advertise to potential clients. Such websites will contain all the relevant information which prospective client would need. Certain lawyers also offer free consultation to anyone wishing to make use of such service in order to better understand his legal position in such an important time.
About this Author

When hiring a Fort Lauderdale criminal lawyer, ensure that you meet with more than one so that you can make an informed decision on who to hire.

If you've been arrested for a crime you've committed in Broward county, you will need the representation of an experienced Fort Lauderdale criminal attorney to ensure that you won't fall victim to an aggressive and zealous prosecution. Being sentenced to a period of incarceration is devastating for most people. To learn more, please visit http://www.fortlauderdalecriminalattorney.net.

Understanding Federal Sex Crimes

2011-12-05T01:09:00.000-08:00

In the United States, there are two kinds of courts - state courts and federal courts. State courts have been established by each state and are located in cities and counties. In contrast, federal courts are established under the U.S. Constitution to handle disputes involving the Constitution and laws which were passed by Congress.

State courts have a lot of power, so most cases involving individuals will be heard in state courts. For example, the state courts will handle cases involving family law disputes, robberies, burglaries, theft and broken contracts. The state courts will not hear cases involving specific federal laws such as criminal, antitrust, bankruptcy, patent and copyrights.

A vast majority of criminal cases involving violations of state laws are heard in state courts, but cases which
involve violations of federal laws can be diverted to federal court. There are some instances where both federal and state courts have jurisdiction. When this occurs, the parties choose whether to go to state or federal court.

A federal crime or federal offense is a crime which is made illegal by federal legislation. In the U.S., people can be prosecuted at either the state or federal level. As stated above, the majority of criminal offenses are prosecuted on the state level; however, a "federal offense" will be prosecuted on in federal court.

Certain aggravated or more serious sex crimes are federal offenses in this country. If a person is convicted of a federal sex crime, they could be facing mandatory minimum sentencing. In addition to spending years in prison, probation or parole, and fines, they are also facing mandatory sex offender registration.

When a person is required to register on the national sex offender registry, their name, address, headshot and description of their offense will be publicly posted. This means that anyone can have access to such private information for years to come. Sex offender registration can also limit where you live and where you can be. Limits can be placed on how close you go to a school campus or a public park.

Another less widely known fact about being convicted of a federal sex crime is that you might be sent to a Federal Medical Center, which is a Federal Bureau of Prisons Facility. These facilities treat the terminally ill, the mentally ill and sex offenders. Inmates with a sex offender history are enrolled in the residential Sex Offender Treatment Program (SOTP-R) or Sex Offender Management Program (SOMP). Whether inmates like it or not, they are expected to submit to these "intensive" treatment programs along with other sex offenders.

What sex crimes fall under the category of federal sex crimes? First of all, most sex crimes involving children such as sexual assault, rape, possession of child pornography or distribution of child pornography are considered federal crimes. The list of federal sex crimes is quite extensive, however some common examples of federal sex crimes include aggravated sexual abuse, repeat offenders, sexual exploitation of children, human trafficking, sexual abuse of a minor, sexual abuse resulting in death, selling or buying children for sexual purposes, and many more.

Being convicted of a federal sex crime can ruin your reputation and your livelihood. Not only would you be facing years in prison, but mandatory sex offender registration as well. Being labeled a "sex offender" will affect your ability to get housing, employment and higher education. No matter what brought you to these charges, it's essential that you consult with an experienced federal criminal attorney who defends such complex cases.
About this Author

Guy L. Womack & Associates, P.C. is a federal criminal defenses firm which represents clients throughout the U.S. in federal court cases. When you are being charged with a federal crime, you cannot afford to hire an attorney who has little to no experience in defending federal criminal charges. Your case may be under scrutiny by a large federal agency such as the FBI, DEA or CIA. If this is true, you need a highly respected federal crime defense lawyer by your side. With nearly thirty years legal experience, and a background as a former federal prosecutor, Guy Womack has the requirements you need to defend your case in federal court. To learn more about how you can fight your charges, contact an attorney from our firm by calling toll free at (800) 990-8762 or by visiting the firm's website at http://www.federaldefenselawfirm.com.

Finding The Best Criminal Lawyer To Represent You

2011-12-05T01:07:00.000-08:00

When referring to criminal law, reference would need to be made to the various aspects which make up such a vast legal area. Consequently, a criminal lawyer refers to an attorney whose studies concentrated on criminal law and its several branches. Defense attorneys are the professionals required for anyone seeking to be well-defended against any criminal accusations.

Crimes are obviously serious violations of the law, which damage an individual either physically or morally. The sort of crimes which are commonly prosecuted are generally homicide, drug trafficking, theft and sexual offenses. However, criminal law is certainly not limited to these alone, and that is why there are several criminal lawyers that specialize in particular areas.

As can be imagined, hiring a lawyer who has sufficient experience in the particular area under which your case falls is crucial. Choosing the right lawyer to represent you will have a determinate effect on the outcome of your case. For this reason you obviously should do a little research on who would be the best attorney for you.

There are few experiences as traumatic as being accused of a crime. This is true both for the accused as well as for their loved ones. Preparing a solid defense requires time, effort, energy and financial means. Trusting your case in the hands of a reliable lawyer will relieve you of much anxiety, since you would know that an experienced professional would be in charge of your defense.

The benefit of having a good defense attorney on your side is that they will be professionally and objectively involved, with no emotional shackles to cloud their determination. Seasoned lawyers would have dealt with several similar cases in their past, so they would know what best to do.

Apart from the emotionally demanding time, facing a criminal charge would mean that your reputation is at risk. This is obviously a very serious aspect, especially as it regards your future professional endeavors. A criminal defense lawyer will know what to do to safeguard your personal record from harmful conviction records. Having a conviction on your record will influence where you can get a job and where you can live considerably.

While having charges dropped is a rare event, a criminal defense lawyer can often negotiate an equitable plea deal in which the charges would be reduced. This is naturally very much dependent on the facts of the case, but in general defense lawyers will manage to secure a much better outcome than what you would have initially imagined. The fear of facing time in jail is predominant amongst accused persons, but it is generally disposed of altogether by an able lawyer.

A very useful tool which anyone looking for a criminal attorney can make use of is the internet. A quick search will give you a wide range of websites of different criminal lawyers and their personal information. This will allow you to compare the different potential choices and to opt for the lawyer who seems best able to defend your rights. Apart from information, you can also use such websites to contact the lawyer directly and ask anything you wish. It is also possible to obtain a free consultation session with the lawyer of your choice so that you will be able to get to know how he approaches your case. Choosing the right criminal lawyer will be instrumental in your case.
About this Author

If you've been arrested in Broward county, you will need the representation of a Fort Lauderdale criminal lawyer to ensure that your rights are protected in the course of your case. A good criminal lawyer can get you a great plea deal when taking the case to trial is not a good option. To read more visit http://www.fortlauderdalecriminalattorney.net.

One Side of a Story

2011-11-15T01:21:00.000-08:00

One of the unending frustrations of a criminal lawyer is watching his clients' reputations being smeared in the media, among the clients' friends or family, and with the clients' employer.

Unfortunately in our society, when someone is arrested, charged, or indicted, people assume there must be some reason for the charge. This is a natural reaction, but unfortunate, especially given how easy it is to arrest, charge, and indict someone.

An arrest is based on probable cause, which basically amounts to an opinion by the charging officer based on some specific facts that the person had or was in the process of committing a crime. The problem is that the specific facts are in many cases innocent, and only interpreted as suspicious by a police officer trained to arrest people.

Let's take a simple example from DWI law. Let's say a person was driving slowly, and at some point his car started straddling two lanes for 300 feet, causing the officer to pull the car over. Let's assume upon pulling the car over, the officer approaches and smells a "strong odor" of alcohol coming from the car. Let's then assume that the officer then asks the person to step out of the car and asks the person whether he's been drinking tonight. Let's assume that the person admits that he has had four beers.

Let's further assume that this interview occurs on the side of a major street (where there is moderate to light traffic) at 2:00 am in the morning in the middle of winter.

Let's assume that this person has never been in trouble with the law before. Let's assume that this person then is asked to perform some field sobriety tests. The person is very polite and cooperative, and wants to do everything he can to help the officer out. But the person has trouble keeping his head still during the eye exam - called the Horizontal Gaze Nystagmus test (HGN). Given that the person failed to keep his head still, the officer marks down on his report that person "failed to comply." (More about that later!)

Let's then assume that the person is asked to do the Walk and Turn test (WAT), the second in the battery of Standardized Field Sobriety Tests. The officer instructs the person to take nine steps heel to toe on an imaginary line, execute a turn, all while keeping his arms by his side, and then return nine steps. The person performs this test, but, according to the officer, fails to make contact heel-to-toe (even though contact is not required according to NHTSA in order to perform well on that aspect of the test). Let's assume that the person, trying to follow the officer's commands, takes his time and keeps his arms by his side. The officer writes in his report that the person "took abnormally long" to complete the test and kept his hands "glued bizarrely" to his side.

Next the officer asks the person to complete the One Legged Stand (OLS) test, the third in the battery of three SFST tests. The person has trouble keeping his balance for more than 6 seconds, let alone the 30 required by the test. The officer fails to note that the ground on the side of the road had loose rocks.

On the basis of those three test, the officer charges the person with a DWI.

The person's performance on those tests - as described by the officer - and his answers to the questions look pretty bad.

And that's why it's important to have competent, aggressive defense lawyers. Because, seen another way, the driver's performance was completely normal and not indicative of impairment.

For instance, the person was driving slowly, but that's because the person was from out-of-town. The person did have four beers, but over a seven hour period (that's about a drink every two hours). The odor was strong, but that's because there were three other drunk people in the car when the officer stuck his head down to the driver's side window.

The driver had trouble keeping his car in his lane for about 300 feet (incidentally, that's only 1/20th of a mile, not very long at all) because the driver was changing the radio station.

The driver did have trouble keeping his head still during the eye test, because the officer was telling him to follow a pen with his eyes and the person's contacts were extremely dry. The person's eyes were bloodshot, he'd gotten up for work at about 8 the previous morning, and had been up for about 14 hours by the point he was stopped on the side of the road.

And so on.

There are two sides to every story. Before you judge someone for having been arrested, stop to consider what you haven't heard.
About this Author

Raleigh DWI Lawyer Damon Chetson helps people charged with serious felonies, misdemeanors, and DWI or Driving While Impaired charges in state and federal courts in North Carolina. He fights aggressively for his clients to help them achieve the best results. He can be reached at (919) 352-9411 day or night. Initial consultations are free.

Appealing Case With DUI Attorney

2011-11-15T01:18:00.000-08:00

For those that have ever been pulled over for driving under the influence, then they have more than likely went to court for their wrong doings, and many people are given jail time for this behavior. However, there are those times in which many people feel as though their sentence is a bit harsh or that they were accused wrongly. When this happens, the person is going to have to work with their DUI attorney in order to appeal the decision that the court has made and see if they can get a sentencing that is more in their favor. But when should they go through the process of appealing to the courts?

When to do this appeal is easy since you should do this almost immediately after receiving a decision that you do not agree with. The DUI attorney that you are working with is going to have the information that they need in order to appeal, which may involve letting the court system and the local government know of what you plan to do. As well as, the paperwork that needs to be done in order to make sure that the appeal goes through and is considered as it should be. So what should you expect with the appeal?

First things first, the appeal process is going to take months at a time. It is not unheard of for the person to not have another court date for months after the initial sentencing, and many times the person is already starting the community service or other sentencing before their appeal date rolls around. Therefore, the person must have some patience when it comes to completing the process. The thing about appeals is that you are not able to introduce any new facts that may help your case. The court is simply going to take a second look at the information, and listen to the information that was provided during the first trial. So what are the ways in which a DUI attorney is going to argue an appeal is necessary?

They could argue that the court was biased for whatever reason. For example, the judge knew the defendant, the jury knew the defendant or the information obtained to prosecute was not obtained legally. There is a slew of reasons that an attorney may seem fit to use as a way to make sure that the person gets another trial. However, the person should not expect to be going up against no one. The original court hearing is going to have officials giving information as to why the person should not be tried again and so forth.

The DUI attorney that the person is working with is the person that should handle every aspect of the appeal since they know what they are doing and how to make sure that they are doing everything possible to make an appeal work for their client.
About this Author

QuestionsAttorney.com is an online law information site and delivers unbiased articles, analysis and other developments of the legal landscape. Read more about DUI Attorney.

Tennessee Sex Crimes

2011-11-15T01:17:00.001-08:00

Sex crimes in the state of Tennessee are codified in Title 39, Chapter 13 of the Tennessee Code Annotated. These crimes can include rape, aggravated rape, sexual battery, statutory rape, solicitation of a minor, and patronizing prostitution. Perhaps the most serious consequence of being convicted of a Tennessee Sex Crime is having to go on the sex offender registry list. Under Tennessee law, anyone classified as either a "sex offender" or "violent sex offender" must register. The difference between the two is in the type of crime. A sex offender can be anyone who has committed crimes such as sexual battery, certain types of statutory rape, aggravated prostitution, sexual exploitation of a minor, and others. Violent sex offenders, as the name implies, are for more violent crimes such as aggravated rape, rape, and aggravated sexual battery.

Both violent and non-violent sex offenders must register upon being convicted of a Tennessee sex crime. Registration is usually done at a local law enforcement office. Violent offenders must report in person during the months of March, June, September and December. Non-violent sexual offenders must report in person annually between seven days before and seven days after their birthday. All offenders must report in person within 48 hours of changing their residence, job, or school.

Violent offenders must remain on the registry for life. Non-violent offenders may petition for removal after ten years from the end of their sentence, whether the sentence was probation or prison time. If the Tennessee Bureau of Investigation determines that the applicant has not been convicted of any additional sex offenses and has substantially complied with the requirements of registration, it will remove the offender from the registry.

One exception to the ten-year rule is where the offender is placed on judicial diversion. Diversion is the process of having a criminal charged dismissed and removed from the defendant's record upon completing probation. Diversion is a special procedure and is not available to all defendants or for all charges. However, certain sex offenses in Tennessee are diversion eligible, and for those offenses the offender may be immediately removed from the registry upon expungement of the charge. For instance, both sexual battery and statutory rape are diversion eligible sex crimes in Tennessee. Both are Class E felonies punishable from one to six years. If the defendant is sentenced to one year and is granted diversion, at the end of the year they may have the charge removed from their criminal record and also may request to be taken off the sex offender registry.

This is not the case with most sex crimes in Tennessee, however. Most sex crimes cannot be removed from the individual's record through diversion, and will require either lifetime or at least ten-year registration.

Offenders may find it hard to get a job or even a place to live. Under the law in Tennessee, registrants whose victim was a minor cannot live, work or undergo sex offender treatment within 1000 feet of a school, day care center, public park, recreation center or athletic field. All offenders, whether violent or non-violent and regardless of the victim's age, must stay off school property, day care centers, public parks and recreation facilities when the offender has reason to believe children under 18 are present. In other words sex offenders can't even go to the park.

Because of the serious and lasting consequences of a sex crime, individuals charged with one of these offenses should consult a Tennessee sex crimes lawyer to review the case.
About this Author

Patrick Stegall is a Memphis sex crimes lawyer. He helps individuals charged with violent and non-violent sex offenses.

Great Criminal Defense Lawyers Are Worth The Expense

2011-11-15T01:17:00.000-08:00

If you have been accused of a crime, whether you have done it or not, it is wise to get the help of a lawyer to defend you. There are a lot of criminal defense lawyers available willing to fight your corner, whether you are guilty of a serious crime, such as murder, or not. Using a good lawyer can prevent you from being imprisoned for a crime that you did not commit. They can also help to reduce the sentence, if you are found guilty.

If you have been convicted of a crime, when you are trying to find a lawyer to defend you, there are a lot of things that you have to bear in mind. Experience is one of the most important things. It is better if you can find somebody who is experienced in the field of which you have been charged with. This will help you enormously, and not just their criminal knowledge. It is also an advantage to you if they have come up against the same legal opponents, and judge, before.

You should also find out if the attorney works alone, or has the support of a good research team. Some of the most brilliant lawyers accept that a lot of their success is due to the work done behind-the-scenes. A defense lawyer, that has been comprehensively briefed by their researchers, is able to work more efficiently in resolving your case.

Sadly, there are some people who will be keen to charge you with a crime, whether they believe you did it or not. This is where you really need a great defense attorney. They will be able to prevent the prosecution from using a string of false allegations to get you committed. There are a lot of people serving sentences in prison for crimes that they did not commit.

Justice will never seem very straightforward, however much they try to simplify it. There are a lot of people in this world, however much they feel what they have done is right, have committed a crime. They have acted on impulse in order to help somebody, but in error. This is where you need a competent legal representative to convince the court that even though you are guilty of the offense, there are mitigating reasons.

Never look for the funny side of a legal problem, because you are not going to find one. To be accused of a crime and come before the court can be very frightening. Even though you are innocent, the prosecuting counsel will do as much as they can to prove you are guilty to the jury for this reason, it is very important that you find the best attorney you can. Whether you like it or not, you are in a situation that can change your life incredibly..

Whatever you feel is the truth does not matter, it is the decision of the jury whether you are guilty or not. Your lawyer can only present the facts, and the court decides to believe them or not. The punishment you are given, if found guilty, largely depends on how skillful a defense lawyer you had on your side.

The results you get in your court case can ultimately rely on your choice of legal representation. Criminal defense lawyers who are highly qualified are more likely to get a result that favors you. The decision of the court will be final, and it is up to your legal representative to convince them that you really are innocent.
About this Author

Looking for a Surrey criminal lawyer or criminal lawyer Vancouver? Then be sure to visit www.npcriminallawyer.com - a leading criminal defence lawyer practicing in Vancouver, Surrey, Burnaby and across British Columbia.

Some of the Biggest Things Ever Stolen

2011-11-15T01:15:00.000-08:00

When most of us think "elaborate heist" we think of The Thomas Crown Affair or Ocean's 11, with money or art being stolen - the kind of thing you can walk out the door with, put in your car, and just drive off with. Some thieves, however, think bigger, and by bigger I mean they steal items that probably require a forklift and a big rig truck to get away with. How big are we talking? Well...

In 2007, visitors to a Jamaican beach noticed a lack of sand at what was a usually sandy area. Roughly half a mile of beach had up and disappeared - that's about 500 dump trucks worth of sand that was there one day and gone the next. Officials checked to make sure that it wasn't a natural occurrence such as the ocean taking out the sand, but in the end it was confirmed that somebody stole the sand, which was never recovered.

In Russia, a 38 foot long bridge built for automobiles was taken in the space of one night. Yes, you read that correctly - a 38 foot long STEEL bridge was stolen in the middle of the night. While probably taken to sell the steel as scrap, this wasn't the only bridge taken that year and you'd think that eventually the Russian police would start making inquiries at places buying scrap metal.

The one that really takes the cake though was a fully loaded oil tanker that was stolen. I'm not talking about Somali pirates hijacking and ransoming back a tanker, I'm talking about it being stolen and never recovered, which is impressive when you consider that you can't exactly hide an oil tanker in your garage and hope nobody walks in.

The MV Asterious was being guarded by the Nigerian Navy while moored at an oil field in Ghana and while details are sketchy, it is known that therd have never been any leads or suspects to aid in the recovery of the ship. Oh, and the crew of the tanker? Russians. Gotta love it.

Now I'm not advocating that you go out and steal something huge to make it on a list like this, but I think everybody can agree that these "heists" are impressive if nothing else and you have to admire the ingenuity that goes into pulling something like this off since you can't exactly fit an oil tanker or bridge in your pocket and just walk away.
About this Author

Steve Falco is a trucker that specializes in shipping hazardous materials and oversized loads. To learn more about shipping visit: OversizedShipping.com.

Domestic Violence - Criminal Defense

2011-11-15T01:14:00.001-08:00

The term is used in family law matters to describe violence (either actual or threatened) which occurs within a family including physical, verbal, emotional, psychological, sexual, financial or social abuse. Domestic violence, also known as domestic abuse, spousal abuse, child abuse or intimate partner violence, can be broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation.

It is a crime for any person to cause any physical injury or harm EVEN if that person is a member or former member of your family or household. If the investigator is in your house, let him know if you, your child, or any other household resident has being injured. If you feel that you will be in danger when the officer leaves or later, you have the right to: "Ask the local attorney prosecutor (DA) to file a criminal complaint against the person committing family violence"; and "Apply to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or an experienced private attorney ). If a family or household member assaults you and is arrested, you may request that a magistrate's order for emergency protection be issued. Please inform the investigating officer if you want an order for emergency protection. You need not be present when the order is issued. You cannot be charged a fee by a court in connection with filing, serving or entering a protective order. For example, the court can enter an order that:

1.The abuser not commit further acts of violence;
2. The abuser not threaten, harass, or contact you at home;
3. Directs the abuser to leave you household; and
4. Establishes temporary custody of the children and directs the abuser not to interfere with the children or property.

When a family violence occurs and the officer appears at the scene, they will always arrest one person, regardless if this person is the aggressor or not.

Domestic violence is a violation of certain provisions of court-ordered protection - may be a misdemeanor or a felony depending on the injuries and allegations. If you are being charged with domestic violence, a warrant will be issued for your arrest. A bond will be conditioned, and you will have to appear in front of the judge. In the event you are arrested and no bond has been set, you can contact a private attorney to file an attorney writ bond for your release.
About this Author

Carla Starr is an Accountant with MBA in Management and Marketing Coordinator for Kent Starr Law Firm. KStarrlaw.com is a Dallas law firm specialized in CRIMINAL DEFENSE, PERSONAL INJURY, INSURANCE DISPUTES, LANDLORD and EMPLOYER DEFENSE. Kent Starr, Dallas federal criminal attorney, handles state and federal cases ranging from drunk driving to murder. https://kstarrlaw.com/

The Secret About Criminal Lawyers

2011-11-15T01:14:00.000-08:00

Criminal lawyers are the ones who specialize in dealing with cases involving individuals or organizations with criminal allegations to their name. The main aim of the best criminal lawyers is to help their clients form such a strategic legal defense so that there is no scope of losing the case. Regardless of the criminal offences a person is charged with, hiring the top crimin`l lawyers of the city will definitely pay off for the good of the respective client.

Importance of criminal lawyers

Criminal defense lawyers are always ready to help their clients in case they are charged with any sort of criminal offence. Since they are experts in their field of knowledge, they are able to provide high quality service to clients who need them. There are 24 hour criminal law firms that suggest best lawyers to people, as per their needs.

The criminal defense lawyers study the case presented to them thoroughly and look for any loopholes in their favor. Then they use these strong points and form a good argument to be presented in the court at the time of hearing. With their experience and skill, they are able to help people charged with criminal offence to win the case in court.

How to get good criminal lawyers

It is not necessary that all lawyers you contact are extremely good in their field. To hire the services of the top lawyers of the city or the country, you must conduct a detailed research on the performance history of 24 hour criminal law firms. These criminal law firms must have the top notch lawyers who are highly experienced and are dedicated in their field of work and whose main goal is to satisfy their clients better than any other criminal defense lawyer.

Providing the best criminal defense service does not mean that top criminal lawyers should charge extremely high rates for their services. Besides delivering high quality service to clients charged with criminal offences, these talented lawyers must also see that they do not put a financial burden on their clients.

All lawyers must also try to explain the legal aspects of the case to their clients and not try to fool them. It is important that people understand how their lawyer is fighting for the case so that they can provide necessary help whenever required. Communication must be rock solid and useful to both lawyer as well as client. Expertise is the key to look out for, while hiring a lawyer.

In a nutshell, criminal lawyers help people win criminal cases but only if they are extremely skilled in their field of knowledge.
About this Author

Click Here hire the services of the top most - Criminal Lawyers London.

Criminal Law and Criminals of Authority Discussed

2011-11-15T01:13:00.000-08:00

It seems that every day we read in the newspaper where someone of authority was caught embezzling money from a government agency, or there was a dirty cop involved in the crime. I suppose any time this happens it makes the newr, because it is rather an ironic situation, and shows the hypocrisy of authority. Here the United States we have freedom of the press, and we rely on the press to point out things that go wrong in the government, and in many regards that is a safeguard keeping our Republic strong.

Some say there are more and more people in government who are committing crimes. I'm not so sure that is true, but I do believe we are better at detecting it, and the media is always on alert to dig up dirt. In fact, it seems like major media outlets compete with each other to dig up stories like this. Not long ago, there was an interesting article in the Los Angeles Times where someone in the police department had embezzled hundreds of thousands of dollars worth of parking ticket violations.

No, I'm sure that doesn't surprise anyone, but it is a good case in point. There was an interesting story that same day on the East Coast where a schoolteacher was having sex with one of their underage students. We are taught in the United States to respect authority, but criminals know and realize that once they can get into an authority position, they can really benefit from the situation. I'd like to point out three areas where criminals can advance their careers fastest, and why we need to be on the lookout, to protect ourselves as citizens.

1. Some Criminals Become Cops
2. Smart Criminals Become Lawyers
3. Smart Criminal Sociopaths Become Politicians

Obviously, most police officers join the force because they wish to protect people, and do something good for our society. However, some reports show that 33% of those that go through the police academy are less than ethical in some way. Luckily, most of the bad ones get weeded out during training, or in the first few years on the force. That's a good thing, but you can understand if someone was of a criminal mind, why they might like to be a police officer in the first place.

Now then, if someone was a criminal and they wanted to become a lawyer, they might make quite a bit of money. Of course, the good thing is that most criminals are lazy, and it takes a lot to go through law school, get a law degree, and pass the bar. Then there are the super smart criminals who are also sociopaths, sometimes they become politicians, and this can cause absolute havoc for the jurisdictions they control, and their constituents. If we get too many of them at higher levels of government, it becomes a real problem for our society and civilization. Indeed I hope you will please consider all this and think on it.
About this Author

Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 24,444 articles by September 4th at 4:44 PM will be difficult because all the letters on his keyboard are now worn off now..

Department of Justice Judicial Selection

2011-11-15T00:33:00.000-08:00