Home Criminal Page 11

Criminal

Proceedings

Proceedings

Proceedings: A Comprehensive Overview

Proceedings refer to a formal record of the activities and discussions that take place during a conference, meeting, or another type of gathering. It serves as a valuable source of information for participants, researchers, and anyone interested in the event’s proceedings. This article aims to provide a comprehensive overview of proceedings, highlighting their purpose, structure, and significance.

Purpose of Proceedings

The primary purpose of proceedings is to document everything that occurs during an event. It captures the various presentations, discussions, debates, and decisions made by participants. Proceedings play a critical role in ensuring transparency, accountability, and knowledge sharing within professional communities and academic fields.

Furthermore, proceedings act as a permanent record of the event, allowing participants to refer back to the discussions and materials presented. They serve as a valuable resource for those who were unable to attend the event but want to gain insight into its content.

Structure of Proceedings

The structure of proceedings may vary depending on the type of event and its organizers. However, there are some common elements that most proceedings include.

1. Title and Front Matter: The proceedings typically begin with a cover page containing the event title, date, and location. This is followed by a table of contents and a foreword or introductory message from the organizers.

2. Abstracts or Summaries: A collection of abstracts or summaries of the presentations or papers included in the proceedings is usually provided. These brief summaries offer a glimpse into the content and overarching themes of the event.

3. Full-length Papers or Presentations: The heart of the proceedings lies in the inclusion of the full-length papers, presentations, or poster abstracts. These materials serve as a comprehensive record of the research, findings, and ideas shared during the event.

4. Q&A and Discussion: If applicable, proceedings may include transcripts or summaries of the question-and-answer sessions and discussions that occurred following each presentation. This allows readers to gain a deeper understanding of the topics discussed and the viewpoints expressed.

Significance of Proceedings

Proceedings hold great significance for various stakeholders involved in an event. Here are a few reasons why proceedings are so vital:

1. Knowledge Sharing: Proceedings provide a platform for experts and researchers to share their work, insights, and findings with a wider audience. This facilitates the exchange of knowledge, promotes collaboration, and advances the field.

2. Research and Scholarship: For researchers, proceedings act as a valuable resource for identifying the latest trends, methodologies, and ideas within their specific domain. They help scholars stay up-to-date with advancements and contribute to the existing body of knowledge.

3. Archival Value: Proceedings serve as an archival record of an event, ensuring that the information and discussions are preserved for future reference. This allows for historical analysis, retrospective studies, and benchmarking against previous events.

4. Validation and Recognition: Having one’s work published in proceedings adds credibility and validation to a researcher’s efforts. It showcases their research to a wider audience and gives them recognition within their field.

Conclusion

Proceedings are an indispensable part of conferences, meetings, and gatherings of all kinds. Their purpose is to document, preserve, and disseminate the knowledge and discussions that occur during these events. By providing a comprehensive record of presentations and discussions, they facilitate knowledge sharing, promote research and scholarship, and contribute to the advancement of various fields. Proceedings serve as a lasting legacy, ensuring that the valuable information shared during an event continues to benefit the broader community.

Abul Manzoor

Abul Manzoor

 

Abul Manzoor

Abul Manzoor was a member of the Bangladeshi military who was part of a group of rebels responsible for the assassination of Bangladeshi president Ziaur Rahman in 1981.

 

Abul Manzoor was a career military officer whose friendship with Ziaur Rahman dating back to 1971. At that time, both men were involved in the 9-month Liberation war of Bangladesh, which was then known as East Pakistan. Subsequently, Ziaur Rahman was the founder of the Bangladesh National Party. In the wake of the formation of Bangladesh, a series of power struggles ensued.

 

A dispute emerged in 1977 over who should be appointed to the position of Cheif of Staff of the Bangladeshi army. While Abul Manzoor felt that he should be appointed to this position, Mir Shawkat Ali had seniority over him. Ziaur Rahman grew disgusted with both men's actions and instead appointed Hussain Muhammed Ershad to the position in 1978,

 

Subsequently, Ershad transferred Abul Manzoor to Dhaka. As a result, the infuriated Abul Manzoor decided to lead a coup attempt and led a group of rebel soldiers in the assassination of Ziaur Rahman, which occurred on May 30, 1981. The actual execution of the president was committed by another soldier, Matiur Rahman.

 

In response, Ershad ordered that the army apprehend the killers and arrest them. Abul Manzoor attempted to escape but was apprehended by the police. Upon his capture, he requested that he be put in police custody pending a trial, fearing that members of the army would otherwise kill him. The army caught up with Abul Manzoor after he had been put into a police van. Though the exact circumstances of his death are unclear, it is generally agreed that Abul Manzoor was shot by military members.

Restitution

Restitution

Restitution: Righting the Wrongs

When harm is done, it is only fair that the person who caused the harm takes responsibility and tries to make amends. This is the underlying principle behind the concept of restitution. Restitution refers to the act of restoring, compensating, or making things right for the harm caused to someone or something.

Restitution can take various forms, depending on the nature and extent of the harm. It can involve financial compensation, returning stolen or damaged property, or providing services to the affected party. The purpose of restitution is not just to punish the wrongdoer but also to restore the victim to their original position before the harm occurred.

At its core, restitution is about fairness and justice. It recognizes that when someone is wronged, the balance of justice is disrupted, and efforts must be made to restore that balance. It holds the person responsible for the harm accountable for their actions and encourages them to take responsibility and make amends.

In the legal context, restitution is often a component of criminal sentencing. It can be ordered by a judge as a way for the offender to compensate the victim for their losses. This may involve reimbursing the victim for medical expenses, property damage, or stolen goods. In some cases, the offender may be required to provide restitution in the form of community service or counseling to address the harm caused.

Restitution is not limited to the criminal justice system. It can also be sought in civil cases, where a person or entity is sued for damages caused by their actions. In these cases, the goal is to restore the victim to their pre-harm condition, which may include compensating them for financial losses, emotional distress, or physical injuries.

Restitution is not just a legal concept—it also exists on a moral and ethical level. In our everyday lives, when we cause harm to others, whether intentionally or unintentionally, it is our responsibility to make things right. This could involve apologizing, offering assistance, or taking steps to rectify the situation. Restitution is not only about compensating for material losses but also acknowledging the emotional pain and suffering caused by our actions.

The importance of restitution goes beyond individual cases. It contributes to the overall well-being of society by promoting accountability and deterring future harm. When wrongdoers are held responsible for their actions through restitution, it sends a message that harmful behavior will not be tolerated. It also provides closure and a sense of justice for the victims.

Restitution is not a perfect solution, and it cannot completely undo the harm caused. However, it is a crucial step towards repairing the damage and restoring justice. It recognizes the rights and needs of the victims while allowing the wrongdoers to redeem themselves. By making restitution a fundamental part of our legal and moral systems, we can work towards a fairer and more just society.

Right to be Informed

Right to be Informed

One of the more important rights afforded to the victims of a crime is the right to be informed on the status of their case, punishments and remedial actions taken against the criminal.  The will be informed of the proceedings and of any developments on the status of the victim.
All victims of a crime are entitled to a free copy of the police report related to their incident.  In addition, all victims of a crime receive access to the Victim Information and Notification Everyday (VINE) hotline where you may inquire about the status of an offender and the likely release date of that offender.  The victim of a crime will be informed on a number of procedural matters related to the criminal and will also be informed if the criminal is released or escapes from prison.
The authorities have an obligation to inform victims of crime on the parole status and location of the criminal after they have been released from prison.  The authorities will also inform non-victims of a crime if a dangerous criminal or sex offender moves into their area.
There is also a right to be informed for criminals, known as their Miranda rights, which protect the rights of the accused from self-incrimination.  This right to be informed benefits victims as it ensures that all evidence collected will be legitimate and has a better chance of holding up at trial, which ensures a fair and speedy trial.

Miranda Rights

Miranda Rights


The Miranda rights are a series of legal protections afforded to those that are accused of a crime.  These rights are present in the constitution but were clarified in the 1966 case of Miranda v. Arizona. Statements made by the accused before being informed of their rights are generally in admissible in court, except in certain cases.  Some physical evidence, such as blood alcohol testing will be admissible, even if it is taken before the suspect is informed on their Miranda rights.  Individuals in police custody need not be informed of their Miranda rights until they are actually accused of a crime.  Suspects that do not speak English or have limited English ability must be provided with a translated version of their Miranda rights.
What were the circumstances of Miranda v. Arizona?
Ernesto Arturo Miranda signed a confession provided to him by the police that states that he was guilty of rape and kidnapping and was confessing on his own free will.  He was not informed of his right to legal counsel and statements he had made to the police were construed as a confession, which was used at trial to sentence him to jail for 25 – 30 years.  The case eventually made its way to the Supreme Court where the majority ruled that police custodial confessions such as the one made by Miranda were coercive in nature and that accused needs to be informed of their rights before interacting with the police.
What are the Miranda rights?
Right against self-incrimination –
When in police custody and charged with a crime, the suspect is obligated to do two things.  The suspect must provide identification and must state his or her name.  The suspect must also comply with all DNA or blood testing in addition to fingerprinting.  You do not want to obstruct the investigation or impede police work.  Anything else, especially statements, must be made with the presence of an attorney.
One will incriminate themselves when they make a seemingly innocuous statement to the police.  For instance, making a statement signaling dislike for the victim but otherwise denying involvement in the crime will be enough admissible evidence to establish motive when the case goes to trial.  The police detective will testify to earing you say that you “did not like the defendant.”  Full or partial statements made in police custody after being issued a Miranda warning can, and will be used against you in a court of law.
The protection against self-incrimination is in the Fifth Amendment and gives individuals the right to refuse questions that may implicate them in illegal activity.  This right is waived when the suspect beings cooperating with police questioning.  Generally, one cannot selectively choose which questions to answer.  Pleading the Fifth cannot be used as an admission of guilt.  Those granted immunity from criminal prosecution is no longer allowed the Fifth Amendment protection against self-incrimination.  One cannot plead the Fifth when being questioned about the activities of another and this information would not incriminate them.
Right to an attorney – 
The right to an attorney is found in the Sixth Amendment and guarantees the right to an attorney to all, including the poor and indigent.  For those that cannot afford an attorney, a public defender is appointed to handle the case.  The application of the Sixth amendment rights was spotty until the 1963 case of Gideon v Wainwright where the Supreme Court rules that jurisdictions were obligated to provide legal counsel for all accused of all crime.  The state of Florida, prior to this case, only provided counsel to those facing capital punishment.  The presence of legal counsel is essential to ensuring the suspect receives a fair trial, as per the provisions of the constitution.
Miscellaneous –
Some, but certainly not all states will also ask the defendant if they understand their rights and if they wish to speak with the officers after they understand their Miranda rights.
States bordering Mexico will often add that the accused may contact their consulate prior to police questioning.

What are usually the contents of a Miranda Warning?
Miranda warnings vary by state, but will generally have four essential statements
You have the right to remain silent
Anything you say will be used against you in a court of law
You have the right to an attorney
If you cannot afford an attorney, one will be provided for you
The miscellaneous provisions described above may be added at the discretion of the jurisdiction.
Why would law enforcement neglect to offer a Miranda Warning?
With full knowledge that the evidence they gather is not admissible in court prior to a warning, law enforcement may still try to interrogate the suspect.  They are allowed to act on statements and evidence gathered from the suspect that has not been informed of his or her rights.
In 2004, the Supreme Court ruled on Missouri v. Seibert, finding that the practice of coaxing confessions out of suspects prior to informing them of their rights, then informing them of their rights and obtaining a second confession was unconstitutional.
What are recent developments in the application of Miranda rights?
Berghuis v. Thompkins (2010), decided in the Supreme Court, has ruled that voluntary statements made by the suspect in police custody after being informed of Miranda rights can be interpreted as a waiver of those rights, making the statements admissible in determining the suspect’s guilt.  This is an important development that many suspects will not be aware of and may lead my in police custody to incriminate themselves through cooperating with the police.  The suspect must explicitly invoke his fifth amendment right to halt the police interrogation.
Maryland v. Shatzer (2010) found that the right to counsel would need to be invoked again if the suspect reentered police custody two weeks after being released.  This case derived from the questioning of Shatzer on child molestation charges that had an attorney for the first interrogation but lacked legal counsel three years later upon reopening the case and made incriminating statements that implicated him in the molestation charges.

Affirmative Defense

Affirmative Defense

The Power of Affirmative Defense: Empowering Yourself Against Negative Self-Talk

Imagine being trapped in a never-ending cycle of self-doubt, criticism, and negativity. This is the reality for many individuals who struggle with negative self-talk, also known as self-criticism. It’s a vicious cycle that can lead to feelings of anxiety, depression, and low self-esteem. However, there is a powerful tool that can help break free from this cycle: affirmative defense.

Affirmative defense is a simple yet effective technique that involves using positive affirmations to counteract negative thoughts and beliefs. By focusing on the positive, individuals can rewire their minds and develop a more optimistic outlook on life. In this article, we’ll explore the benefits of affirmative defense, how it works, and provide tips on how to incorporate it into your daily routine.

What is Affirmative Defense?

Affirmative defense is a form of cognitive behavioral therapy that involves using positive affirmations to challenge and replace negative thoughts and beliefs. The idea is to focus on what you want to achieve or experience, rather than what you fear or worry about. By repeating positive affirmations regularly, you can reprogram your mind to think more positively and build confidence.

How Does Affirmative Defense Work?

The brain is wired to respond to repetition, which is why affirmations can be so effective. When you repeat a positive affirmation, you’re essentially sending a signal to your brain that this thought or belief is important and worth paying attention to. Over time, this can lead to a shift in your mindset and behavior.

Here’s how it works:

1. Identify negative thoughts: Pay attention to your thoughts and identify the negative patterns that run through your mind.
2. Challenge negative thoughts: Challenge these negative thoughts by asking yourself if they’re really true.
3. Replace with positive affirmations: Replace negative thoughts with positive affirmations that are specific, positive, and present-focused.
4. Repeat regularly: Repeat your affirmations regularly, ideally several times a day.

Benefits of Affirmative Defense

The benefits of affirmative defense are numerous:

1. Increased confidence: By focusing on positive affirmations, you can boost your confidence and self-esteem.
2. Improved mental health: Affirmative defense can help reduce symptoms of anxiety and depression by promoting a more optimistic outlook.
3. Enhanced resilience By developing a growth mindset, you’ll be better equipped to handle challenges and setbacks.
4. Better relationships: Positive thinking can improve relationships by fostering empathy, understanding, and communication.

Tips for Implementing Affirmative Defense

Incorporating affirmative defense into your daily routine is easy:

1. Start small: Begin with short sessions of 5-10 minutes a day.
2. Make it specific: Use specific affirmations that relate to your goals or challenges.
3. Use present tense: Speak in the present tense as if what you want has already happened.
4. Be consistent: Repeat your affirmations regularly to reinforce the message.
5. Combine with visualization: Visualize yourself achieving your goals or overcoming challenges.

Examples of Affirmative Defenses

Here are some examples of affirmative defenses you can use:

“I am capable and confident in my abilities.”
“I trust myself and my decisions.”
“I am worthy of love and respect.”
“I am strong and resilient.”
“I am grateful for my life and all its blessings.”

Conclusion

Affirmative defense is a powerful tool for anyone looking to break free from negative self-talk and build a more positive mindset. By identifying negative thoughts, challenging them, and replacing them with positive affirmations, you can rewire your mind for success. Remember to start small, be consistent, and combine with visualization for maximum impact. With time and practice, you’ll be amazed at the transformation you can achieve through the power of affirmative defense.

So why not give it a try? Take control of your thoughts and emotions today by incorporating affirmative defense into your daily routine. You never know the amazing things you might accomplish!

Gamer Hacked and Disabled New Hampshire Servers

Gamer Hacked and Disabled New Hampshire Servers


On November 15, 2012, the Department of Justice announced that a Dutch national was indicted by a federal grand jury in the District of New Hampshire after he conspired to hack into and disable servers belonging to Rampid Interactive.  The company is based out of New Hampshire, and it hosts an online game called “Outwar.”


The defendant’s name is Anil Kheda, and he is charged with one count of conspiracy to commit computer intrusion and one count of extortionate interstate threats.  


According to the indictment, Kheda and other members of the conspiracy hacked into the computer systems of Rampid without authorization from November 2007 to August 2008.  The conspirators caused the game to become unplayable for several days at a time.  They were able to gain access to user accounts, restore accounts for suspended players, and obtain a copy of the computer code for “Outwar.”  


From the computer code, the conspirators were then able to create an online game called “Outcraft” that competed with “Outwar.”  Throughout the infiltration into Rampid’s system, the conspirators also sent messages that stated they would continue to hack into the systems unless Rampid paid them money and provided other benefits.  


Rampid could not operate “Outwar” for a total of two weeks because of the hacking.  They lost $100,000 in the process after it had invested $1.5 million to create the game in the first place.  Kheda was able to make $10,000 off the “Outcraft,” and he had about 10,000 players worldwide participating in the game.  


He now faces up to five years in prison for the conspiracy charge and two years in prison for the threats.  The Justice Department has not released any information about the maximum amount of fines.  


The FBI investigated the case against Kheda.  


Source: Department of Justice

Two Charged in “Bonnie and Clyde” Style Bank Robbery

Two Charged in “Bonnie and Clyde” Style Bank Robbery


The days of armed bank robberies by husband and wife are far from over.  On November 7, 2012, the US Attorney’s Office for the District of New Mexico reported that Robert O’Dell Neihart and his wife, Denise Myrick, were charged for armed bank robbery.  They were indicted on October 23, 2012.  


The indictment indicates that Neihart and Myrick robbed the Wells Fargo Bank on 4601 Main Street in Farmington, New Mexico on September 21, 2012.  The indictment also specifies that Neihart used a firearm, pointed the firearm at a bank customer, and discharged the weapon after the robbery.  


Around 4:00 p.m. on September 21, 2012, Neihart entered the bank and gave a note to the bank teller demanding cash.  Neihart proceeded to place the cash in a bag and left the bank with the bag.  A bank customer followed Neihart into the parking lot, and Neihart pointed the gun at him.  


He then climbed into a black truck with Myrick at the wheel.  Neihart eventually climbed into the driver’s seat a short distance away, and a high-speed chase started around Aztec, New Mexico.  The chase continued all the way into Colorado.  Neihart fired shots at a San Juan County Sheriff’s Department vehicle, but nobody was injured.  The two defendants were arrested when they arrived to their residence in Ignacio.  


Each of the defendants now faces up to 25 years in prison for the bank robbery charge.  The charge for using a firearm during the crime comes with a mandatory 10 years in prison, and the sentence will be served consecutively with the bank robbery charge.  


The investigation was led by the FBI, the Farmington Police Department, the San Juan County Sheriff’s Office, the La Plata County Sheriff’s Department, and the U.S. Marshals Service.  


Source: Federal Bureau of Investigation

Date Rape

Date Rape

What is date rape?

Date rape is a term that covers any non-consensual sex where the victim is raped by an acquaintance.  Date rape can be facilitated through the use of drugs that cause amnesia, numbness and unconsciousness, which carries harsh penalties that carry penalties of up to 20 years in prison.  Date rape is a serious offense and the failure to obtain proper consent before engaging in sexual intercourse puts an individual at risk of date rape charges, such the victim realize the circumstances that the intercourse took place under.
What is the role of drugs in date rape?
Common drugs associated with date rape include Rohypnol, GHB and Ketamine.
Rohypnol – this is a very potent drug that is to be used as a muscle relaxant.  It is useful for date rapists as it also induces amnesia.  This drug is illegal in the United States and simple possession carries mandatory punishments in several jurisdictions.  Despite mainstream knowledge of Rohypnol as a potential date rape drug, its actual use in date rape cases has been proven to be limited in favor of other drugs
GHB – this drug is very dangerous as victims will be usually unaware that they have ingested the drug.  The drug is almost tasteless and easily masked in several beverages.  GHB is typically used to prevent sleepiness and narcolepsy as well as serving as an anesthetic.  Like Rohypnol, this can cause amnesia in the victims and is difficult to detect in testing.  This drug is legal in the US for certain uses but obviously, with use in a date rape case, this carries very stiff criminal penalties.
Ketamine – this is a human and animal anesthetic that is typically abused as a recreational drug.  The use of this drug can cause confusion, numbness and shifts in the user’s perception.  Despite the widespread use of Ketamine in hospitals, Ketamine can be misused to make a victim compliant in a date rape situation.
The use of any drug to bypass the consent of a sexual partner is illegal and is subject to very stiff criminal penalties. 
What are other forms of date rape?
The coercion through threats and forcing sex through duress are also forms of date rape.  If the victim is otherwise unwilling to engage in sexual intercourse, but is compelled to do so through threats, then that is considered date rape.  This is especially the case in interfamilial date rape when a relative, usually older, compels a relative to engage in intercourse by abusing authority derived from age, family or cultural traditions.  Different states will have different definitions of consent and duress.
What are the penalties for date rape?
Date rape laws vary by state, necessitating the need for the accused to retain a lawyer.  The date rape lawyer will be able explain the laws of the jurisdiction as well as additional penalties for the use of drugs in the attack and crimes of opportunity.  Even when the accused is innocent, a date rape lawyer is necessary critique the accuser’s claims and establish an alibi.
Being Aware of Date Rape


Date rape is the action of sexual intercourse or other types of sex without mutual consent between two acquaintances. Date rape is often accompanied by the use of emotional blackmail, physical or verbal threats, drugs, or alcohol.
In 96% of reported rape cases, the attacker is a male, with many of them being between the ages of 17 to 30. In the case of date rape, the attacker can be:
A new acquaintance
Boyfriend or ex-boyfriend
A coworker
A friend
Date rape crimes are often facilitated by the use of date rape drugs. In 1996, President Bill Clinton approved the Drug-Induced Rape Prevention and Punishment Act. This bill set up penalties for use of certain drugs with the intention of committing certain violent acts, such as rape. More specifically, the act created special penalties for the use of Rohypnol, a common date rape drug, giving them the same penalties as those of a Schedule I controlled substance.
These date rape drugs are often colorless, odorless, and tasteless, making them easy to hide in a drink. They can cause an individual to feel weak, confused, light-headed, drowsy, uninhibited, or less coordinated. Often blackouts and loss of consciousness are associated to these drugs.
The three most common date rape drugs include:
Rohypnol
o Also known as Rib, Roofies, Roopies, Whiteys, Mexican Valium, or Circles
o Comes as a pill that are either small, circular, and white or green-gray and oval
o While the older ones dissolve clearly in liquids, the newer ones turn clear liquids bright blue while darker drugs become less opaque
o Takes effect within a half an hour and can last for many hours
o Symptoms include nausea, muscle relation, difficulty with motor coordination, dizziness, confusion, drunk feeling, stomach problems, low blood pressure
GHB
o Also known as Cherry Meth, G, Liquid E, Liquid Ecstasy, PM, or Vita-G
o Can come as a odorless and colorless liquid, pill, or a white powder
o Some may make a drink slightly salty, but most drinks mask the taste
o Takes effect within 15 minutes, can last up to 4 hours
o Symptoms include nausea drowsiness, relaxation, blacking out, tremors, breathing problems, vomiting, slow heart rate, sweating, dream-like state
Ketamine
o Also known as Jet, Cat Valium, Green, Purple, Kit Kat, Special K, Super Acid
o Comes in a clear liquid or white powder
o Very quick acting
o Symptoms include out of body experiences, convulsions, distorted sound and sight perception, dream-like feeling, depression, numbness, memory problems, elevated blood pressure, aggressive behavior, slurred speech
Many of these date rape drugs are also known as club drugs since they are often used at concerts, dance clubs, and raves. While some of these drugs have legal medicinal purposes, they are intended for date rape. Rohypnol is not legal in the United States, but is in Mexico and Europe. Ketamine and GHB are both legal, are controlled substances.

Trial Nears its End for NY Man Accused of Double-Murder

Trial Nears its End for NY Man Accused of Double-Murder

A double-homicide trial is currently culminating for a 25-year-old man charged with stabbing his estranged girlfriend and their 3-month-old son to death in the small western New York Town of Bath. The murders, which occurred on Father’s day, shocked the small town, where hospitality—and not murder—was commonplace.
If convicted, Bryan Ashline could face life in prison without the possibility of parole for the first-degree murder and second-degree murder of 25-year-old Trieste Clayton and baby boy Xavier at his apartment in June of 2010. 
Deliberations are expected to being later this week in a Steuben Criminal Court after closing arguments were read early Wednesday morning. 

Attorneys, Get Listed

X