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Conduct Disorder

Conduct Disorder

Conduct Disorder

Conduct disorder refers to a mental condition that describes individuals that display a callous lack of empathy for others and typically display aggressive and antisocial behavior without regards to the pain inflicted on others.  Conduct disorder is often hard to diagnose but typically affect young persons that display anti-social behavior such as vandalism and cruel behavior.
How is conduct disorder identified?
The Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association maintains a classification system to diagnose potential conduct disorder.  The criteria are categorized in the following manner:
Aggression to people and animals (fighting, bullying, use of weapons, cruelty)
Destruction of property (setting fires to destroy property)
Deceitfulness or theft (stealing, conning and shoplifting)
Serious violations of rules (truancy and violations of curfew)
Typically, any combination of these three criteria within 12 months diagnoses some form of conduct disorder, ranging from mild to moderate or severe.  Clearly, the mild categorization, despite some causes for concern, does not typically label the child a danger to others.  Persisting symptoms of conduct disorder however, may cause concern, especially if these symptoms do not dissipate with age.
How does environment affect conduct disorder?
Conduct disorder typically affects only a small percentage of children, but this is more common for children that have poor parenting or live in a violent area.  This may change the behavior of the child toward delinquency and antisocial behavior due to a lack of guidance or factors that encourage such behavior, such as peers with conduct disorder.
What are the long term consequences of conduct disorder?
Failure to treat or mistreating conduct disorder can lead to further alienation and escalation of the child’s antisocial behavior.  With an improper or confrontational approach, the conduct disorder can be exacerbated or the child may lash out in other ways, potentially even becoming self-destructive.  This behavior can also lead to mental health issues in adulthood, which will eventually lead to serious a repeating cycle of destructive behavior.
How can conduct disorder be managed?
Conduct disorder is usually best managed by the family with the aid of mental health professionals.  This is because behavior associated with conduct disorder is frequent and rarely understood by others.  The parents are typically the best equipped to work with their child to ensure their long term emotional health and development.  The mental health professional will offer advice to help the child cope with violent or destructive urges and try to establish protocol to deal with further incidents of conduct disorder.

Gang Rape

Gang Rape

Gang Rape

The term gang rape is involuntary sexual intercourse by two or more persons.  This usually includes an element of coercion or date rape on the part of the attackers.  Individuals that do not participate in the intercourse but witness or otherwise facilitate the attack will be held liable, to differing degrees, according to state laws.  California, for instance, made the failure to report an attack on a child under 14 illegal.
The victim can never be blamed for rape and other forced sexual contact especially due to prior intoxication, drug use, clothing worn by the victim or any comments made the attackers prior to the assault.  Every jurisdiction in the United States will protect the victim’s identity and prevent further contact between the victims and accused.
What is the relationship between date rape and gang rape?
Victims of gang rape are sometimes under the influence of drugs or alcohol, which will make them more compliant than in normal circumstances.  Of course, pure coercion and physical force can be the only factors in the gang rape case, but there are typically substances affecting the victim during the assault.  The use of drugs during a gang rape will entail very severe penalties added to other charges.  Remember that rape does not always entail intercourse and can constituted forced inappropriate touching, fellatio and other sexual violations.
What to do if you are the victim of a gang rape
If you were gang raped or suspect that you were gang raped but cannot remember due to intoxication or involuntary drugging, you need to call the police immediately so that you can be taken to a hospital.  You will be examined at the hospital and DNA samples will be taken.  Washing and other hygienic actions pose the risk of destroying vital evidence that can identify the attackers.  
Based on the evidence collected, the police will be able to make a determination on the possible culprits.  Rape carries stiff criminal penalties and even facilitating the attack or protecting the culprits will lead to secondary penalties for accomplices and other parties to the time.
What to do after the culprits have been caught
There exist many support networks and groups that help rape victims, both male and female cope with emotional and mental trauma associated with sexual violence.  Experts in particular have identified fear of audiences and crowds among gang rape victims, which affect them for an extended period of time after the assault has occurred.  These groups will generally contain experts on rape victim rehabilitation and will be able to facilitate healing, if possible, for the victim.  Gang rapes are typically violent and psychologically damaging, which leads to increased thoughts of suicide and drug use.  Studies have shown that women that have been victims of gang rape are more likely to seek help or contact the police than those that suffer from individual rape, but suffer severe long term psychological damage.  They have rates of alcohol and drug abuse consistent with other rape victims.

Hospital Employee Indicted for Hepatitis C Outbreak

Hospital Employee Indicted for Hepatitis C Outbreak


On November 29, 2012, the US Attorney’s Office for the District of New Hampshire announced that David M Kwiatkowski was indicted for infecting patients in New Hampshire and other states with Hepatitis C.  He is a former Exeter Hospital employee.  


According to the indictment, Kwiatkowski worked in Michigan as a health care worker and became a traveling health care technician in 2007.  He worked in New York, Pennsylvania, Maryland, Arizona, Kansas, Georgia, and New Hampshire.  


Kwiatkowski knew he was infected with Hepatitis C since at least June 2010, and he started working for Exeter Hospital in April 2011.  


While working at Exeter Hospital, Kwiatkowski stole the controlled substance fentanyl—which has analgesic effects.  He knew when a patient was going to undergo a medical procedure, and he replaced the syringes of fentanyl with syringes of saline.  The syringes filled with saline were originally filled with fentanyl, but Kwiatkowski used the syringes himself before refilling them with saline—thus tainting the syringes before they were used on patients.  


Over 30 people became infected from Kwiatkowski’s Hepatitis C virus in New Hampshire and other states.  He was arrested on July 19, 2012.  


Hepatitis C is a blood-borne virus that is capable of causing serious liver damage.  The Centers for Disease Control and Prevention (CDC) state that Hepatitis C kills more people in the United States every year than HIV.  


Kwiatkowski is charged with seven counts of tampering with a consumer product and seven counts of fraudulently obtaining controlled substances.  He faces up to 10 years in prison on each tampering charge and up to four years in prison on each count of obtaining controlled substances.  Each count is punishable with a $250,000 fine as well.  


The investigation is still ongoing.  Kwiatkowski remains innocent until proven guilty.  


Source: Federal Bureau of Investigation
 

Family watch dog

Family watch dog

WHAT IS FAMILY WATCH DOG?
 
 
As self described on their facebook site, "Family Watch Dog  is a tool…the public could use to keep their family informed and aware of different dangers in their area.  Our goal has always been to provide the most up-to date information to the public." The website, located at www.familywatchdog.us focuses primarily on sex offender awareness as well as keeping members of the community aware of food and drug recalls. 
 
 
WHAT INFORMATION CAN I RECEIVE ABOUT SEX OFFENDERS FROM THIS WEBSITE?
 
 
On the FAMILY WATCHDOG website one can find countless information on sex offenders living within the United States.  However, different States have different laws governing the dissemination of information and the only statistics available will often be those of level 2 and level 3 sex offenders.  These are individuals with a moderate to high risk of becoming a repeat offender.  By law, in most States, level 1 offenders, which are those who have a low risk of recidivism, may not be tracked by the public and the information regarding their sex offense is known only to law enforcement. 
 
 
FAMILY WATCHDOG compiles and maintains statistical data on the number of sex offenders living within a certain State.  The data includes the number of sex offender, the State population and the ratio of offenders per million residents in that State. 
 
 
FAMILY WATCHDOG also maintains an active and frequently updated map of registered sex offenders within The United States.  An individual looking for sex offenders in the community has two options.  They can either do a search based on an address plugged into the database or they can put a specific name in the database to find the location of a specific sex offender.  The data that FAMILY WATCHDOG uses is public information maintained by law enforcement agencies and the mapping is based off of current census data.
 
 
WHAT INFORMATION CAN BE FOUND IN THE MAP?
 
 
The mapping system provided by FAMILY WATCH DOG is very thorough.  Once a starting address is added the system will process a GPS type map of the area in question.  That map will have locations where registered sex offenders reside in color.  The color coding system designates different colors for the type of sexual offense depending on whether it was against a child, rape, sexual battery another offense.  It also has a color coding system to show whether the location is the offender's home or place of employment, etc.
 
 
 IS FAMILY WATCH DOG'S DATA RELIABLE?
 
 
For the most part FAMILY WATCH DOG is a highly respected citizen protection organization but it does have its limitations.  All data compiled and disseminated by FAMILY WATCH DOG is gathered from law enforcement and the census bureau.  It is the responsibility of a registered sex offender to register his/her address with law enforcement.  If he/she does not do so then FAMILY WATCH DOG has no way of knowing where the sex offender is residing.  Another problem is that census data is not always accurate.  Especially with the mapping system, if an address or location registered with the census bureau is incorrect it will be reflected in the mapping.

PA MEGAN’S LAW

PA MEGAN'S LAW

 Understanding Pennsylvania’s Megan’s Law: Protecting Communities from Sexual Offenders

Introduction

Megan’s Law is a critical piece of legislation that plays a pivotal role in safeguarding communities across the United States from sexual offenders. Each state in the U.S. has its own version of Megan’s Law, aimed at monitoring and regulating the activities of individuals convicted of sexual offenses. In this article, we will delve into the specifics of Pennsylvania’s Megan’s Law, exploring its history, objectives, implementation, and the resources available for public awareness and safety. To ensure accuracy and credibility, we will primarily rely on information from government resources.

  1. The Origins and Purpose of Megan’s Law

Megan’s Law is named after Megan Kanka, a young girl from New Jersey who was tragically sexually assaulted and murdered by a neighbor who was a previously convicted sex offender. Her death in 1994 was a wake-up call that highlighted the need for greater community awareness and protection against sexual predators.

Pennsylvania, like many other states, responded to this tragic event by enacting its own version of Megan’s Law. The primary objectives of Megan’s Law in Pennsylvania include:

  1. Community Notification: To inform residents about the presence of sex offenders in their neighborhoods. This notification empowers residents to take precautions and make informed decisions to protect their families.
  1. Law Enforcement Tool: To provide law enforcement agencies with tools to effectively monitor and manage registered sex offenders, thereby reducing the risk of re-offending.
  1. Deterrence: To act as a deterrent by making potential sex offenders aware of the consequences they will face, including public registration and notification, if they commit sexual offenses.
  1. Implementation of Megan’s Law in Pennsylvania

Pennsylvania’s Megan’s Law is a comprehensive and multifaceted system designed to track, register, and manage individuals convicted of sexual offenses. The key components of its implementation include:

  1. Registration: Under Pennsylvania law, individuals convicted of certain sexual offenses must register as sex offenders. This registration involves providing detailed personal information, including their name, address, photograph, fingerprints, and other relevant details.
  1. Tier System: Megan’s Law in Pennsylvania employs a tier system to categorize sex offenders based on the severity of their offenses and the likelihood of re-offending. There are three tiers, with Tier 3 being the highest risk.
  1. Community Notification: Pennsylvania’s Megan’s Law emphasizes community notification. Law enforcement agencies are responsible for notifying the public about the presence of registered sex offenders, especially those classified under Tier 2 and Tier 3. The public is informed about the offender’s name, address, photograph, and the nature of their offenses.
  1. Website Access: The Pennsylvania State Police maintain a publicly accessible website that allows residents to search for registered sex offenders in their communities. This online tool plays a crucial role in ensuring transparency and empowering individuals to stay informed.
  1. Lifetime Registration: In some cases, individuals convicted of certain sexual offenses are required to register as sex offenders for life, underscoring the state’s commitment to long-term monitoring.

III. Megan’s Law and Constitutional Considerations

While Megan’s Law has been instrumental in enhancing community safety, it has also raised constitutional questions and concerns, particularly regarding privacy and due process rights. Some individuals argue that the public shaming associated with community notification may infringe upon the constitutional rights of sex offenders who have completed their sentences and paid their debt to society.

The U.S. Supreme Court addressed these concerns in the case of Connecticut Department of Public Safety v. Doe (2003). In this case, the Court upheld the constitutionality of Megan’s Law-type statutes but also emphasized the importance of individualized risk assessment and periodic review.

Pennsylvania has made efforts to address these constitutional concerns by implementing a tiered system that takes into account the risk level posed by individual offenders. This approach is designed to balance public safety with the rights of the convicted.

  1. Resources for Public Awareness and Safety

Pennsylvania’s Megan’s Law places a strong emphasis on public awareness and community safety. To facilitate this, the state provides various resources to help residents stay informed and take proactive measures:

  1. Pennsylvania State Police Website: The official Pennsylvania State Police website maintains an easily accessible database of registered sex offenders. Residents can search for offenders by name, location, or zip code to obtain relevant information about their presence in their communities.
  1. Community Meetings: Law enforcement agencies often conduct community meetings to educate residents about Megan’s Law and the presence of sex offenders in their neighborhoods. These meetings provide an opportunity for residents to ask questions and voice their concerns.
  1. Online Safety Resources: The Pennsylvania State Police website also offers educational resources on internet safety, particularly for parents and guardians. Given the increasing use of technology for sexual offenses, these resources are crucial in protecting children and adolescents.
  1. Crime Watch Programs: Many communities in Pennsylvania have active crime watch programs that work in collaboration with law enforcement agencies. These programs are essential for fostering community vigilance and communication regarding potential threats.
  1. Local Law Enforcement: Residents can contact their local law enforcement agencies for information and assistance related to Megan’s Law. Law enforcement officers are typically well-versed in the law’s provisions and can provide guidance on safety measures.
  1. The Evolving Landscape of Megan’s Law

Megan’s Law in Pennsylvania, like in many other states, has evolved over the years to address emerging challenges and adapt to changes in technology. Some notable developments and considerations include:

  1. Online Presence: With the proliferation of social media and online platforms, there is a growing debate about whether registered sex offenders should be required to disclose their online presence and email addresses. Pennsylvania, like other states, has had to grapple with this issue.
  1. Challenges of Monitoring: The ongoing challenge for law enforcement agencies is to effectively monitor and manage a growing number of registered sex offenders. This task requires dedicated resources and technological support.
  1. Continued Legal Challenges: Legal challenges to Megan’s Law are not uncommon, with ongoing debates about the balance between public safety and the constitutional rights of offenders. The law is likely to continue evolving as courts address these challenges.
  1. Community Engagement: Community engagement remains a critical aspect of Megan’s Law’s success. Public awareness, education, and cooperation are essential in creating safer communities.

Conclusion

Pennsylvania’s Megan’s Law is a vital tool in the ongoing efforts to protect communities from sexual offenders. Its emphasis on community notification, tiered risk assessment, and public resources for awareness and safety make it a comprehensive and dynamic system. While it is not without its constitutional and logistical challenges, Pennsylvania continues to refine and adapt its Megan’s Law to ensure the safety and well-being of its residents. As the landscape of sexual offender management evolves, Megan’s Law in Pennsylvania will likely continue to play a central role in community safety.


WHAT IS PENNSYLVANIA’S POLICY ON MEGAN’S LAW?

PENNSYLVANIA’S MEGAN’S LAW is essentially an adjunct to the NATIONAL MEGAN’S LAW that was put into effect by then President Bill Clinton in 1996.  In 1995 then Governor of Pennsylvania, Tom Ridge, introduced legislation to protect the citizens of Pennsylvania from the threat of registered sex offenders living within the State.  The bill became active in April of 1996.  PENNSYLVANIA’S MEGANS LAW, which was signed as Act 24 of 1995 imposes a number of criteria upon registered sex offenders.

WHAT DOES PENNSYLVANIA’S MEGAN’S LAW REQUIRE OF SEX OFFENDERS?

The PENNSYLVANIA MEGAN’S LAW allows sentencing courts to impose life sentences on those sexually violent offenders who are deemed to be “predators.”  PENNSYLVANIA’S MEGAN’S LAW also requires sex offenders and sexually violent predators to register with the Pennsylvania State Police.  It also stipulated that communities be notified when and where a sexually violent predator moves into an area.

WHAT ARE THE REGISTRATION REQUIREMENTS?

The State of Pennsylvania requires sex offenders, as per PENNSYLVANIA’S MEGAN’S LAW to register with the State Police Department for a period of time upon their release from prison.  The State breaks up the requirements to 10 years of registration to Life registration.

The requirement of 10 year registration is reserved for crimes including: kidnapping of a minor, luring a child into a motor vehicle, incest where the victim is over 12 years of age, obscene and other sexual materials where the victim is a minor, sexual abuse of children, unlawful contact with a minor, and a list of others that may be found at www.pameganslaw.state.pa.us.

The requirement of life registration is reserved for crimes including:  offenders with two or more convictions of any of the offenses set forth in the 10 year registration requirement, rape, sexual assault, incest where the victim is under 12 years of age and offenders considered sexually violent predators.  For a full list of the offenses that require lifetime registration see www.pameganslaw.state.pa.us.

WHAT INFORMATION DOES PENNSYLVANIA’S MEGAN’S LAW PROVIDE CITIZENS?

Pennsylvania seems to take a stricter stance on the amount of information that a sex offender living within the State must provide.  This data include:

·         Name and all known aliases;

·         Year of birth;

·         Street address, city, municipality, county, zip code and all residences, and where applicable the name of the prison or other place of confinement;

·         Name, address and all other information associated with an offenders school or employment;

·         Physical description of the offender, including photos;

·         Identification marks;

·         License plate numbers and descriptions of vehicles;

·         Current registry compliance status;

·         Whether the victim of the offense was a minor;

·         A description of the offense;

·         Date of conviction;

·         A map of where the offender lived and attends school, if applicable.

DOES PENNSYLVANIA RESTRICT THE LOCATION WHERE A SEX OFFENDER MAY LIVE?

PENNSYLVANIA’S MEGAN’S LAW does not restrict where a registered sex offender may reside.  The exception to the rule is that a registered sex offender may not live near a school, park, daycare center, nursing home, etc. in certain circumstances.  For more information please visit Pennsylvania’s State website.

Finding Sex Offenders

Finding Sex Offenders

How do I find sex offenders?
Convicted sex offenders are required, by both federal and state law, to register with their local law enforcement community upon their re-entry into the community. Because of this it is a simple matter of accessing a government website to discover the location of any convicted sex offender in your community.
Where can I find this sex offender information?

There exists a National Sex Offender Registry where individuals can go to find sex offenders in their community. This website will lead you to state run websites that will give you detailed information. In addition, the website, www.familywatchdog.us has detailed information on sex offenders. 
The website allows an individual to find registered sex offenders in the community by one of two ways; by imputing an address that shows all the registered sex offenders in the area, or by imputing the name of a known sex offender. The former method will give detailed information including the address of all sex offenders in a localized area as well as the sex related offenses they have been convicted of. The latter method will give you the address of an individual registered as a sex offender.
What sex offenders are required to register?
All individuals convicted of sex offenses are required by law to register with law enforcement.However, by law, not all registered sex offenders are accessible by search. The law breaks up registered sex offenders into 3 catagories from level 1, low risk of repeat offense, to level 3, high risk of repeat offense. Only levels 2 and 3 are accessible by the public. Although individuals categorized as level 1 are required to register they are considered to be of such a low risk of recidivism that the harm done to the individual would outweigh any public service done by its publication. Only law enforcement will be aware of an individual’s level 1 status.
In addition, there is a time limit to the registration. Every State requires different periods of registration but it is often separated into two categories. Those that require registration for 10-20 continuous years; and those that require lifetime registration. This is determined on a case by case basis with the factors including the degree of the sex offense committed and the chance or being a repeat offender.
What if I know of a sex offender who is not registered?

If you are aware of a convicted sex offender who is not registered in law enforcements database then you should inform local law enforcement immediately. Every convicted sex offender is required by law to register with the state. This is to insure careful monitoring of their locations and actions so that the community at large may be protected. 
Failure to register is considered a felony and can result in incarceration. Past court decisions have even held that a homeless convicted sex offender violated the registration law by not registering an address even though he had no address to give.

Harassment in the workplace

Harassment in the workplace

Harassment in the workplace
Harassment in the workplace can take a number of forms, but all forms are illegal under US law.  Workplace harassment usually involve threats, intimidation and other mistreatment which is intended for either the satisfaction of the harassing individual or personal gain by impeding the ability of the harassed individual to work effectively.
What are motivations for harassment in the workplace?
Some harassers will target other employees that they perceive as threatening to their status or privileges.  This form of harassment, generally where the harasser is marking their territory, is meant to intimidate other employees into either quitting or not competing with the harasser.  This commonly affects women who face harassment in the workplace by male colleagues that feel that their presence is a threat to their occupation or status in the workplace.
Others will harass merely for the pleasure of harassing others and this behavior usually extended beyond the workplace.  This harassment will be typically sexual in nature and intended to be predatory.  This type of harassment may develop into more serious and dangerous behavior that can ultimately but the safety of the harassed person in jeopardy.
Most harassment is due to a craving for dominance and many harassers will engage in harassment in the workplace due to personality deficiencies or a thirst to impose fear in others.  This means that the harassment will be frequent and predatory, often with many targets that are unwilling to fight back.
What prevents the reporting of harassment in the workplace?
Many that harass others in the workplace identify submissive targets that are less likely to report their behavior.  Those that are harassed fear retaliation of a lack of protection from the employer, which prevents them from reporting harassment.  In many cases, the harasser may have the support of others in the workplace, either directly or through tacit approval, leading the harassed individual to feel uneasy about reporting the incidents.
What is retaliation commonly taken against those that report harassment in the workplace?
Those that report harassment in the workplace often face a stigma from those sympathetic to the harasser.  Is this sympathy extends to high management, the harasser can be wrongfully terminated, denied promotion and face other sanctions that may be worse than the actual harassment.  This prevents the disclosure of harassment in most workplaces.
What are remedies to harassment in the workplace?
To prevent possible retaliation, as well as protect the harassed, workplaces must adopt a clear anti-harassment policy.  Additionally, anonymous or closed door reporting will prevent the public debacle of a contentious harassment complaint from becoming the knowledge of others in the workplace, thus preventing the potential retaliation from coworkers that may side with the harassing individual.  When all else fails that employer refuses to remedy harassment in the workplace, the US Equal Employment Opportunity Commission may be involved and will files charges against the employer to force them to correct their practices.  Harassment in the workplace violates Title VII of the Civil Rights Act of 1964 and the EEOC will penalize violating employers pursuant to the provisions of the Act.

Law Firm Partner Obstructed SEC Investigation

Law Firm Partner Obstructed SEC Investigation


On November 13, 2012, the US Attorney’s Office for the Central District of California reported that David Tamman of Santa Monica was charged on 10 counts.  These counts include one or more counts of conspiring to obstruct justice, altering documents, being an accessory in mail and securities fraud, and aiding and abetting.  Tamman was a partner at Nixon Peabody LLP.  


Court documents show that the SEC made an unexpected inspection of the business of the co-defendant, John Farahi.  Tamman and Farahi immediately collaborated and starting falsifying documents to indicate Farahi sent proper notification that he was taking the majority of funds from investors.  Tammon was able to create backdated promissory notes and additional disclosure documents as well as lie to his partners in order to make the documents appear true.  


Tamman and Farahi were both originally indicted on December 7, 2011, and Farahi pled guilty to a Ponzi scheme, selling unregistered securities, bank fraud, and conspiring with Tamman during his plea hearing in June of 2012.  


Tamman is scheduled for sentencing on February 11, 2013.  He faces a maximum of 190 years in prison for all 10 counts, but he has entered into a plea agreement and the government has agreed to a sentence of 10 years or less.  


Bill L. Lewis, the Assistant Director in Charge of the Los Angeles Field Office for the FBI, stated: “The defendant played a direct role in covering up criminal activity to deliberately mislead investigators, and in the process, abdicated his ethical obligations as an attorney.  The FBI will continue to work with our investigative partners to help even the playing field in the financial marketplace.”


The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the FBI led the investigation.  The SEC and Nixon Peabody LLP provided valuable assistance during the investigation.  


Michele Layne, the Director of the SEC Los Angeles Regional Office, stated: “This verdict demonstrates that there are severe consequences when an attorney crosses the line between vigorous representation of a client and obstruction of an SEC investigation.”


Source: Federal Bureau of Investigation

All You Need to Know About Criminal Defense

All You Need to Know About Criminal Defense

Criminal Defense Defined

Within the setting of a lawsuit brought before a Criminal Court, the methodology undertaken in the arrival of a verdict is considered to be amongst the most primary concerns with regard to the construction of a Criminal Defense.

Criminal Defense is defined as one of the two existing parties that exist within the overarching legal process of ‘Criminal litigation’; with regard to the institution of Criminal litigation,the two parties undergoing dispute resolution before the presiding judge – these parties are classified as the plaintiff or accusing party, and the defendant, who is responsible for the provision of substantial Criminal Defense.

Structuring a Criminal Defense

The innate specifications within Criminal lawsuits requiring the implementation of Criminal Defenseare required to take place in a manner corollary to the process undertaken with regard to the arrival of a verdict. Individuals facilitating the methodology implicit with the structuring of a Criminal Defense – ranging from Criminal attorneys to individuals choosing to represent themselves – must do so while cognizant of the statutes implicit within hearings facilitated by Criminal statutory legislature:

Within the realm of Criminal Defense,statements delivered by any or all parties will be expected todisplay testimony considered to be sufficient with regard to the presentation of facts; Criminal Defense taking place with a criminal case will be required to provide factual recollection satisfying a standard of ‘beyond a reasonable doubt’

Criminal Defense structured with regard to both the liability, as well as the adherence required by a contractual agreement will be liable to present evidence conveying events considered to provide for valid reasoning with regard to a broken contract

A tort – derived from the French translation of the word ‘wrong’ – is legal term defined as a wrongdoing or injustice upon whose commitment resulted in harm, damage, or injury sustained by the accusing party; Criminal Defense constructed within a lawsuit involving Torts may involve negligent torts, intentional torts, and strict liability torts

Criminal Defense vs. Civil Defense

Upon the investigation of the structural ideology latent within both Criminal Defense and Civil Defense, inherent differences that serve to enable separate facets of judicial review to take place; however, despite any respective differences, both a criminal defense and a civil defense will vary in accordance to their respective locational jurisdiction – this can range from natural law to common law:

Death

Defense enacted within amurder charge will only be permitted through the facilitation of a criminal defense; a Wrongful Death claim will only be permitted to be brought before a civil court

Injury

Defense enacted within injuries sustained as a result of negligence or criminal actionwill only be permitted through the facilitation of a criminal defense – eventssolely resulting in the alleged wrongful death – regardless of the presence of negligence – may be brought before a civil court

Sentencing

Sentencing within a Civil Court can only result is financial restitution or monetary compensation; the facilitation of a Criminal Defense strategy may only be utilized with regard to punitive recourse contingent upon sentencing

Man Threatened to Kill Texas Police and their Families

Man Threatened to Kill Texas Police and their Families


On November 28, 2012, Homeland Security Investigations (HSI) under Immigration and Customers Enforcement (ICE) announced that a man was arrested for threatening to kill police officers and members of their families.  He was arrested around 1:30 a.m. on Tuesday, November 27, outside of a Pecos truck stop.  


The man’s name is Jacob Ramos Esparza, and ICE reports he is officially charged with “unlawfully, knowingly and intentionally using interstate communications to threaten to injure a person.”  He faces up to 20 years in federal prison if convicted.  


According to court documents, Esparza posted several death threats on the internet in chat forums.  The threats specifically targeted Fort Stockton (Texas) Police Officers and their families, but officers at police departments in Pecos, Big Spring, and Midland were targeted as well.  Some of the threats were sent through email.  Some of the emails contained videos showing graphic violence, and specific threats included using chemical weapons, car bombs, and other weapons.  


Dennis A Ulrich, special agent in charge of HSI in El Paso, stated: “HSI takes seriously all threats against law enforcement officers.  Our special agents in west Texas worked cooperatively and vigorously with our local, state and federal law enforcement partners.  This arrest exemplifies the efficiency and force-multiplying effect of law enforcement agencies working together.”  


HSI special agents believe Esparza posted some of the threats under the username “El Diablo.”  One of the statements by the username offered an award for the head of a local police officer.  Other threats included using 15 pipe bombs in Pecos, Midland, and Odessa, and one of threats warned of “carnage unimaginable” on December 25 in public places.  


The FBI, Fort Stockton Police Department, Pecos Police Department, Midland Police Department, and the Ector and Midland County Sheriff’s Offices helped with the investigation.  


Source: Immigration and Customs Enforcement

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