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The ‘ Mr. Big’ Scenario
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Daniel Brodsky
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Can We Blame Wrongful Convictions on Simple ‘Human Errors’ or are they a result of Deeper Problems within the Canadian Criminal Justice System?
Not Innocent Until Proven Guilty
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A Primer on Work-Related Sexual Harassment based on the Anti-Sexual Harassment Act (Republic Act No. 7877) and Philippine Jurisprudence.
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This presentation is talking about Types of crime in people daily which consist a few types of crime. Also differentiate the case that fall in the felony case or the in other case. This simple slide consist the section of penal code that counted in judgement for the criminal.
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Recommandé
Can We Blame Wrongful Convictions on Simple ‘Human Errors’ or are they a result of Deeper Problems within the Canadian Criminal Justice System?
Not Innocent Until Proven Guilty
Not Innocent Until Proven Guilty
guest949cfc
A Primer on Work-Related Sexual Harassment based on the Anti-Sexual Harassment Act (Republic Act No. 7877) and Philippine Jurisprudence.
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PoL Sangalang
This presentation is talking about Types of crime in people daily which consist a few types of crime. Also differentiate the case that fall in the felony case or the in other case. This simple slide consist the section of penal code that counted in judgement for the criminal.
Crime And justic
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Arrest procedures vary slightly from town to town. The Chicago procedure is a good example of what occurs when you’re arrested. This presentation explains the procedures of what takes place when an arrest is made.
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When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry. www.instantcheckmate.com/glossary
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Brief overview of the Crimes that can result in Deportation. For more information, please visit: http://www.ImmigrationInfoSite.com
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FowlerLawFirm
When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry. www.instantcheckmate.com/glossary
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Indiana House Enrolled Act 1033 provides many criminal record reporting restrictions for employers.
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Brief overview of the Crimes that can result in Deportation. For more information, please visit: http://www.ImmigrationInfoSite.com
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Ehsan-Ullah-Khan The Smart Villages workshop was organised in Pakistan as continuation of the regional engagement in South Asia. The Pakistan workshop aimed to glean insights from the country’s experience of off-grid energy provision to remote rural communities through the deployment of micro-grids. In particular the workshop aimed to tease out the enabling framework conditions that have been vital for the deployment of micro-grids in remote areas of the country. It is hoped that the workshop provided relevant insights to other countries in South Asia and globally that seek to establish frameworks supporting the growth of micro-grids. The workshop will address the following main questions: o What are the challenges encountered in deploying micro-grids in Pakistan and how have they been overcome? o What framework conditions have acted as enablers or have hindered the success of micro-grids in Pakistan? o How have these framework conditions evolved and what are the lessons for other regions that seek to deploy micro-grids? o How can these framework conditions enable the productive use of energy to improve livelihoods, health and education outcomes?
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Most marketers agree that the list and the offer are integral to a winning direct marketing campaign. But some underestimate the power of creative, and that’s a mistake. Hard-working creative ensures that your communications get noticed and read. Watch the full webcast here: http://harlandclarke.com/media/webcasts/2014/05/u309/10-Creative-Best-Practices-to-Kick-Up-the-Effectiveness-of-Your-Mortgage-Marketing
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Similaire à The ‘ Mr. Big’ Scenario
Chief's Counsel Chief's Counsel: Should Police Officers Who Lie Be Terminated as a Matter of Public Policy? By Elliot Spector, Attorney at Law; and Associate Professor, University of Connecticut, Storrs, Connecticut n September 5, 2007, the State of Washington published the first opinion holding that a police officer who lies should be terminated as a matter of public policy. In Kitsap County Deputy Sheriff’s Guild v. Kitsap County, the sheriff terminated Deputy LaFrance for untruthfulness and erratic behavior. An arbitrator agreed that LaFrance had repeatedly been untruthful but was not convinced that termination was the proper form of discipline; the arbitrator therefore ordered him returned to full duty. Eventually the case found its way to the appellate court, which concluded that the arbitration award was unenforceable as against public policy.1 It relied primarily on the sheriff’s conclusion that LaFrance was not fit for duty due to Brady concerns about his ability to testify. In Brady v. Maryland, the U.S. Supreme Court ruled that a prosecutor must release information favorable to an accused upon request;2 therefore, if LaFrance were to testify in a criminal proceeding, the prosecutor would be legally and ethically obligated to disclose his history of untruthfulness to defense counsel. “Put simply, LaFrance’s proven record of dishonesty prevents him from useful service as a law enforcement officer. To require his reinstatement to a position of great public trust in which he cannot possibly serve violates public policy.”3 Supreme Court Rulings The U.S. Supreme Court decision of United Paper Workers International Union v. Moscow, Inc., recognized that a court might set aside an arbitration award if the arbitration award creates an explicit conflict with other laws and legal precedents.4 The effect of this public-policy decision in Washington State is that if officers are found to be intentionally untruthful, any appeal of their termination will be limited to the issue of whether the untruthfulness was proven. If so, no arbitration panel or judicial authority will be able to reduce the penalty. In order for the Washington court to overturn the arbitration award, they had to find an explicit, well-defined, dominant public policy. To make such a finding, the court had to point to some case or statutory law that created such a public policy. The Washington court turned to Brady without articulating the extensive case law supporting its position. Following Brady, the U.S. Supreme Court, in Giglio v. United States, held that when the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within the rule that suppression of material evidence justifies a new trial irrespective of good faith or bad faith of the prosecution.5Together, the Brady and Giglio decisions hold essentially that the credibility of a government witness amoun ...
Chiefs Counsel Chiefs Counsel Should Police Officers Wh.docx
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mccormicknadine86
Chief's Counsel Chief's Counsel: Should Police Officers Who Lie Be Terminated as a Matter of Public Policy? By Elliot Spector, Attorney at Law; and Associate Professor, University of Connecticut, Storrs, Connecticut n September 5, 2007, the State of Washington published the first opinion holding that a police officer who lies should be terminated as a matter of public policy. In Kitsap County Deputy Sheriff’s Guild v. Kitsap County, the sheriff terminated Deputy LaFrance for untruthfulness and erratic behavior. An arbitrator agreed that LaFrance had repeatedly been untruthful but was not convinced that termination was the proper form of discipline; the arbitrator therefore ordered him returned to full duty. Eventually the case found its way to the appellate court, which concluded that the arbitration award was unenforceable as against public policy.1 It relied primarily on the sheriff’s conclusion that LaFrance was not fit for duty due to Brady concerns about his ability to testify. In Brady v. Maryland, the U.S. Supreme Court ruled that a prosecutor must release information favorable to an accused upon request;2 therefore, if LaFrance were to testify in a criminal proceeding, the prosecutor would be legally and ethically obligated to disclose his history of untruthfulness to defense counsel. “Put simply, LaFrance’s proven record of dishonesty prevents him from useful service as a law enforcement officer. To require his reinstatement to a position of great public trust in which he cannot possibly serve violates public policy.”3 Supreme Court Rulings The U.S. Supreme Court decision of United Paper Workers International Union v. Moscow, Inc., recognized that a court might set aside an arbitration award if the arbitration award creates an explicit conflict with other laws and legal precedents.4 The effect of this public-policy decision in Washington State is that if officers are found to be intentionally untruthful, any appeal of their termination will be limited to the issue of whether the untruthfulness was proven. If so, no arbitration panel or judicial authority will be able to reduce the penalty. In order for the Washington court to overturn the arbitration award, they had to find an explicit, well-defined, dominant public policy. To make such a finding, the court had to point to some case or statutory law that created such a public policy. The Washington court turned to Brady without articulating the extensive case law supporting its position. Following Brady, the U.S. Supreme Court, in Giglio v. United States, held that when the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within the rule that suppression of material evidence justifies a new trial irrespective of good faith or bad faith of the prosecution.5Together, the Brady and Giglio decisions hold essentially that the credibility of a government witness amoun.
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Chiefs Counsel Chiefs Counsel Should Police Officers Wh.docx
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This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
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CHAPTER 6: Discretion and Dilemmas Lecture Slides prepared by Cheryn Rowell * Frequent and unavoidableNot academicAlways unpopular with some groupsUsually resolved quicklyDealt with aloneInvolves complex criteria Moral Dilemmas of Law Enforcement Officers Klockars’ Types of ControlAuthority and power-police officers generally tells us what to do and we respond. Persuasion-authority that officers use in order to coerce in a nonphysical manner. Physical force-officers use whatever physical methods to control the situation. Discrimination Occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason. Sexual orientationRaceNational originOther? * Forms of Discrimination Enforcing the law differentially Withholding the protection of the law Greater disrespect Greater use of force Racial profiling Greater use of pretext stops * Racial Profiling Occurs when an officer uses a “profile” to stop a driver usually to obtain a consent to search for a vehicle. Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts. * Complete fragments, flesh out points Law and Racial Profiling US v. Martinez-Fuerte, 425 U.S. 931 (1976) Legitimized the use of race as a criterion in profiles. Wren v. US 517 U.S. 806 (1996) Pretext stops upheld. The law allows race to be considered as only one element in deciding to stop an individual. Reactive InvestigationAttempts to reconstruct a crime after it occursConsists of gathering evidence to identify and prosecute the offenderInvestigator(s) may develop early prejudice about likely perpetrator, which might cause them to: - be tempted to engage in noble-cause corruption to obtain a conviction; - ignore or conceal evidence that contradicts their beliefs; - overstate existing evidence; and/or - manufacture or alter evidence. * Proactive InvestigationAttempts to document crime as it occursRequires a more active police roleOften involves deception by policeRequires “targeting” based on reasonable suspicion Changes police role from discovering who has committed a crime to discovering who might commit a crime * Typology of LiesKlockars: - Placebos, such as lying to a person about how a loved one was killed - Blue lies, used to control a person and make the police officer’s job easier Barker and Carter: - Accepted lies, such as those used during undercover investigations or sting operations - Tolerated lies, “necessary evils” such as lying during interrogations - Deviant lies, such as false testimony in court to make a case, or covering up police wrongdoing * Informants Individuals who are not police officers but assist police by providing information about criminal activity. They are: Motivated by monetary profit, revenge, dementia, kicks, a need for attention, repentance (guilt), and coercion. Able to operate under fewer restrictions than police. * ...
CHAPTER 6Discretion and DilemmasLecture Slides p
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MargaritoWhitt221
CASE INFORMATION: Find a court case where the company indicated they were surprised the employee charged was a fraudster (use the *KU library (Westlaw) to find the court case). ANALYSIS REQUIREMENTS: Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion: What type of fraud schemes took place in this case? Analyze the internal controls of this company for "red flags". Identity why you think the company did not suspect this person was a fraudster and what policies would you put in place for this company to stop this fraud in the future? WRITING REQUIREMENTS: · 3-5 pages (not including title page, abstract, or reference page) · Proper APA format · Minimum of 3 scholarly sources (not including your textbook) GRADING REQUIREMENTS: Click on link to view grading requirements AUGHT IN THE CROSSFIRE: THE (SUPPOSEDLY) INNOCENT ATTORNEYS WHO REPRESENT ACCUSED FRAUDSTERS Editor's Note:This article is the second in a series calling for a more aggressive response to bankruptcy and other fraud. The first in the series was initially published in the May 2009 issue, entitled “A Call to Arms: A Bankruptcy Fraud Superfund.” In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct. Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.” Well, yes, as a matter of fact we do, but when counsel starts going on about how innocent his client is, how we're “making a big mistake” because his client has no money and that.
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CASE INFORMATIONFind a court case where the company indicated t.docx
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Chapter 13: Interrogation, Electronic Surveillance, and Other Police Practices 471 # 151053 Cust: Cengage Au: Hall Pg. No. 471 Title: Criminal Law and Procedure Server: __________________ K Short / Normal DESIGN SERVICES OF S4-CARLISLE Publishing Services confessions, and admissions to prove guilt is controversial. The United States Supreme Court has recognized that admissions are highly suspect when relied upon alone to obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently” obtained through other law enforcement practices. At common law, confessions and admissions could be used freely, as long as they were made voluntarily. The early basis for excluding involuntary confessions was the Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal defendants could seek to have confessions suppressed if they were not taken before a mag- istrate promptly after arrest. This was known as the McNabb-Mallory rule, named for two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court announced the rule in its supervisory role over the nation’s federal courts. While the rule of quick presentment of arrestees to judges had existed at common law and had been codified by Congress, there was no remedy for violations. Accordingly, the Court held that confessions that occurred after unreasonable delays should be excluded. Congress re- acted to McNabb-Mallory and Miranda by enacting a statute that permits the admission of a confession so long as it was voluntarily given. Another section provides that regardless of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb- Mallory exclusionary rule applies if a delay is found to be unreasonable. Today, interrogations, confessions, and admissions are governed by these rules, as well as two broader rights: the Fifth Amendment right to be free from self-incrimina- tion and the Sixth Amendment right to counsel. Miranda By virtue of popular television and films, the Supreme Court case Miranda v. Arizona, or at least the “Miranda” warnings that are a product of that case, is one of the best known judicial decisions of our time. [The Supreme Court consolidated appeals from several individuals who had been convicted at trials where their confessions were entered into evidence. Ernesto Miranda, for whom the case is named, was arrested for rape and kidnapping. He was interrogated at a police station. He was not advised of his constitutional rights, he never requested to see .
Chapter 13 Interrogation, Electronic Surveillance, and Other .docx
Chapter 13 Interrogation, Electronic Surveillance, and Other .docx
bartholomeocoombs
If you are charged with a Criminal Offence in Sydney, each charge will have elements that the prosecution must prove in order to find you guilty of the offence. These “elements” or “ingredients” must also be proven beyond reasonable doubt.
National criminal lawyers - criminal law defence1
National criminal lawyers - criminal law defence1
National Criminal Lawyers
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Juvenile Justice
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504 Part II Criminal Procedure # 151053 Cust: Cengage Au: Hall Pg. No. 504 Title: Criminal Law and Procedure Server: __________________ K Short / Normal DESIGN SERVICES OF S4-CARLISLE Publishing Services information or access to their systems for the government to collect data. In others, the government has obtained FISC orders. In recent years third-party authority has been scrutinized in the context of metadata, or non content information. An example of metadata is the government’s collection of phone numbers dialed but not the content of those conversations. In its review of an application for an order to capture a huge amount of “telephony metadata,” FISC ruled in 2013 that such intelligence gathering is analogous to the phone records sought in Smith v. Maryland.37 In that case the Supreme Court held that when an individual dials a phone number he is transmitting the data to a third party, the telephone company, and as a consequence loses his privacy in the number he dialed. For this reason the acquisition of the number dialed, but not the content of the call, does not raise implicate the Fourth Amendment. FISC held that this conclusion is not changed because of the size of the data request.38 The amendments to the FISA mentioned earlier empowered the Foreign Intelligence Surveillance Court to review and approve programs that collect metadata, in addition to individual orders of surveillance. One particularly controversial authority created by the Patriot Act is the National Security Letter. Without subpoena, the government is empowered to demand non- content data from Internet service providers, communication companies, and busi- nesses about their clients. Again, non content data include web sites visited, telephone numbers called, and e-mail addresses. Thousands, in some years tens of thousands, of NSLs have been issued yearly since 9/11. NSLs come with a “gag” order. That is, the recipient of the NSL is ordered, under criminal penalty, to not disclose to anyone, in- cluding the client who is named in the NSL, that the letter has been received. A federal district judge found this and other provisions of the NSL law to be contrary to the First Amendment’s protection of free speech and the Fourth Amendment in 2013.39 FISC is aimed at foreign governments and its agents, abroad. As you can see, the authority of the United States to spy on U.S. persons abroad is limited to when U.S. persons are acting as foreign agents and when engaged in terrorism. If the United States wants to conduct a search within the United States, the Fourth Amendment and Title III rules you have already learned apply, even if the underlying offense is a viola- tion of a national security law. If the government acquires otherwise protected infor- mation during an otherwise legitimate surveillance, the information is to be destroyed unless the contents indicate a threat of serious bodily harm or death to any person. An ex.
504 Part II Criminal Procedure# 151053 Cust Cengage .docx
504 Part II Criminal Procedure# 151053 Cust Cengage .docx
troutmanboris
Similaire à The ‘ Mr. Big’ Scenario
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Chiefs Counsel Chiefs Counsel Should Police Officers Wh.docx
Chiefs Counsel Chiefs Counsel Should Police Officers Wh.docx
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Innocense Commission
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The Criminal Justice Process Varies From State To State Week 6
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Wrongful Convictions
Exonerated Injustice
Exonerated Injustice
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CASE INFORMATIONFind a court case where the company indicated t.docx
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Diffrences
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Decision to Prosecute (Criminal procedure in Kenya)
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Decision to prosecute, DPP, Criminal Law,Criminal Procedure Kenya
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Chapter 5 Crimes
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Chapter 13 Interrogation, Electronic Surveillance, and Other .docx
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National criminal lawyers - criminal law defence1
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Juvenile Justice
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504 Part II Criminal Procedure# 151053 Cust Cengage .docx
The ‘ Mr. Big’ Scenario
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THE ‘MR. BIG’
SCENARIO Is It A Dirty Trick?
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