A primer on the law in Texas for victims of Sexual Exploitation committed by Doctors, Psychiatrists, Psychologists, Family Counselors, and even religious leaders such as Ministers, Priests, Rabbis who violate their Code of Ethics and have sexual relations with their patients or members of their congregation.
A presentation by former Chief of Police and Prosecutor ATTORNEY KEVIN R. MADISON on Civil Causes of Action for Crime Victims against their attackers and a list of crime victim rights and agencies in Texas.
1. Consent can act as a defense in criminal law by negating the intent element of a crime. The Indian Penal Code describes excuses like consent that are not considered offenses.
2. Consent is defined broadly in Sections 87-91 of the IPC as a general defense and is also mentioned as a defense in specific sections related to offenses against the body and property. Where consent is obtained through fraud, fear or from an unsound person, it is not valid consent.
3. For offenses like murder, the consent of the victim only reduces the charge to culpable homicide, rather than absolving culpability. In rape, lack of consent is a key element of the offense as amended in 2013.
Eldon Spiers is charged with assault in the fifth degree, misdemeanor kidnapping, and gross misdemeanor stalking for attacking Kate Lamb in a college parking lot. Kate was grabbed from behind and dragged towards the woods by Spiers. She broke free and jumped off a bridge to escape other men. Spiers intended to cause Kate fear of harm and attempted to remove her against her will. Probable cause exists to believe Spiers committed the offenses.
This document summarizes the general exceptions under Chapter IV of the Indian Penal Code. It discusses 11 types of general exceptions including mistake of fact, judicial acts, accident, absence of criminal intent, acts done by consent, causing slight harm, and the right of private defense. The general exceptions provide exemptions from criminal liability if an act was committed by accident, without criminal intent, under compulsion or threat, with consent, or in self-defense. Court cases are referenced as examples to illustrate how the exceptions have been applied.
Redacted Copy Legal Memorandum on BR re Keller Case FinalBert M
Offender B.R. is entitled to 11 years and 8 months of street time credit based on the Ex parte Keller ruling. Keller established that an inmate must receive street time credit if the remaining sentence portion is less than time spent on parole or mandatory supervision. Here, B.R.'s remaining sentence was less than his time spent on parole. Further, B.R. was eligible for mandatory supervision for his 1986 offense under the law in effect at that time, so he remains eligible and is due the street time credit.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The document summarizes a court case regarding a 16-year-old girl (the prosecutrix) who married and then accused her husband of kidnapping. The petitioners argue the marriage is invalid under child marriage laws and the prosecutrix should not be allowed to stay with her accused husband. The court examines child marriage laws and precedents. It determines that the prosecutrix, though married, remains a child under the law and cannot consent to sex or staying with her accused husband, as the marriage violates prohibitions on child marriage.
Redacted copy legal memorandum on bobby rogers re keller case finalBert M
1) Bobby R. was originally sentenced to three 10-year consecutive sentences but was released on mandatory supervision in 1985. He was later convicted of a new offense and given a 25-year sentence.
2) Bobby R. was released on parole in 1990 but his parole was revoked in 2001. He was denied 11 years and 8 months of "street time" credit.
3) Under the precedent set in Ex parte Keller, Bobby R. is entitled to receive street time credit before his parole was revoked because at the time the warrant was issued, he had spent more time out on release than he had remaining on his sentence.
A presentation by former Chief of Police and Prosecutor ATTORNEY KEVIN R. MADISON on Civil Causes of Action for Crime Victims against their attackers and a list of crime victim rights and agencies in Texas.
1. Consent can act as a defense in criminal law by negating the intent element of a crime. The Indian Penal Code describes excuses like consent that are not considered offenses.
2. Consent is defined broadly in Sections 87-91 of the IPC as a general defense and is also mentioned as a defense in specific sections related to offenses against the body and property. Where consent is obtained through fraud, fear or from an unsound person, it is not valid consent.
3. For offenses like murder, the consent of the victim only reduces the charge to culpable homicide, rather than absolving culpability. In rape, lack of consent is a key element of the offense as amended in 2013.
Eldon Spiers is charged with assault in the fifth degree, misdemeanor kidnapping, and gross misdemeanor stalking for attacking Kate Lamb in a college parking lot. Kate was grabbed from behind and dragged towards the woods by Spiers. She broke free and jumped off a bridge to escape other men. Spiers intended to cause Kate fear of harm and attempted to remove her against her will. Probable cause exists to believe Spiers committed the offenses.
This document summarizes the general exceptions under Chapter IV of the Indian Penal Code. It discusses 11 types of general exceptions including mistake of fact, judicial acts, accident, absence of criminal intent, acts done by consent, causing slight harm, and the right of private defense. The general exceptions provide exemptions from criminal liability if an act was committed by accident, without criminal intent, under compulsion or threat, with consent, or in self-defense. Court cases are referenced as examples to illustrate how the exceptions have been applied.
Redacted Copy Legal Memorandum on BR re Keller Case FinalBert M
Offender B.R. is entitled to 11 years and 8 months of street time credit based on the Ex parte Keller ruling. Keller established that an inmate must receive street time credit if the remaining sentence portion is less than time spent on parole or mandatory supervision. Here, B.R.'s remaining sentence was less than his time spent on parole. Further, B.R. was eligible for mandatory supervision for his 1986 offense under the law in effect at that time, so he remains eligible and is due the street time credit.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The document summarizes a court case regarding a 16-year-old girl (the prosecutrix) who married and then accused her husband of kidnapping. The petitioners argue the marriage is invalid under child marriage laws and the prosecutrix should not be allowed to stay with her accused husband. The court examines child marriage laws and precedents. It determines that the prosecutrix, though married, remains a child under the law and cannot consent to sex or staying with her accused husband, as the marriage violates prohibitions on child marriage.
Redacted copy legal memorandum on bobby rogers re keller case finalBert M
1) Bobby R. was originally sentenced to three 10-year consecutive sentences but was released on mandatory supervision in 1985. He was later convicted of a new offense and given a 25-year sentence.
2) Bobby R. was released on parole in 1990 but his parole was revoked in 2001. He was denied 11 years and 8 months of "street time" credit.
3) Under the precedent set in Ex parte Keller, Bobby R. is entitled to receive street time credit before his parole was revoked because at the time the warrant was issued, he had spent more time out on release than he had remaining on his sentence.
General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
This document summarizes recent legal ethics developments in Missouri and Illinois regarding lawyer regulation. It discusses the General Motors ignition switch scandal where GM engineers testified falsely about approving design changes. The document also discusses a case where a lawyer elicited false testimony from a client to help her client deceive the birth father in an adoption hearing. The lawyer received a stayed suspension. The document also discusses confidential settlements in the GM case and the duty of lawyers to report organizational misconduct up the chain and potentially out of the organization.
This document discusses a Supreme Court of India case regarding the conviction of two individuals for dowry death and abetment of suicide under Sections 304-B and 306 of the Indian Penal Code. It provides background on the case from the trial court and high court. It then examines the legal requirements for a dowry death conviction under Section 304-B and the legislative history and intent of including this provision. It analyzes whether the essential ingredients for a dowry death conviction were established in this case.
http://www.premierebailbonds.com – In the Bail Resource Guide, Premiere Bail Bonds, a leading California bail bonds company, explains the history of bail, how bail works, explains the difference between different bonds, the premiums and rates as well as the different county bail schedules. This is your all-encompassing resource guide to bail bonds in California.
The document discusses the "Mr. Big" police interrogation technique where undercover officers pose as criminals to gain a suspect's confession. It summarizes that the technique circumvents protections against coercing unreliable confessions and obtaining evidence unfairly. Critics argue it allows police to sidestep safeguards and obtain confessions through any means without detaining suspects. False confessions are common results and can lead to wrongful convictions even when retracted. The document concludes that admitting such confessions as evidence at trial would violate the Canadian Charter of Rights and Freedoms.
Selecting Your Jury For A Criminal Jury Trial in New YorkBarry Simon
The document discusses the jury selection process for criminal trials in New York State. It explains that both the U.S. and New York constitutions guarantee the right to a trial by jury. During jury selection, potential jurors are questioned to determine if they can be impartial or should be excused. Lawyers can also use peremptory challenges to eliminate potential jurors they believe may be unfavorable. Carefully selecting jurors through this process can impact the outcome of the trial.
Understanding the Federal Sentencing GuidelinesKevin Mahoney
In the United States an individual can be charged with a state crime, a federal crime, or both. The federal criminal justice system operates in much the same way as the individual state criminal justice systems; however, there are some noticeable differences. If you have been charged with a federal criminal offense, become familiar with the Federal Sentencing Guidelines.
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
Consent in Sexual Offences since the Enactment of the Sexual Offences Act 2003Callum Hughes
This document provides a critical evaluation of the definition of consent in the UK's Sexual Offences Act 2003. It discusses the statutory definition in section 74, which defines consent as agreement by choice with freedom and capacity. It then analyzes the evidential assumptions of consent in section 75, which outlines circumstances where lack of consent is presumed. Finally, it examines the conclusive presumptions of no consent in section 76, particularly regarding deception as to the nature or purpose of the act. Overall, the document argues that while the current definition aims to clarify consent, interpretations remain complex, and the law could establish clearer guidance to balance protecting sexual freedom and preventing unwanted acts.
This is a slideshow from a seminar I conducted with colleagues Michele Alcalde, Esq., and Eugene Wishnic, Esq., for the Middlesex County Bar Association in 2012. The seminar was a primer on issues that criminal defense attorneys in New Jersey need to be aware of before having their non-US Citizen clients plead guilty in municipal court. In some cases, defendants may unknowingly plead guilty to offenses that render them deportable under our immigration laws. Please note that the materials contained herein are not intended to serve as legal advice.
The document summarizes key points about maintenance of a spouse under Malaysian family law:
1) Section 77 of the Law Reform (Marriage and Divorce) Act provides the court the power to order maintenance for a spouse in three situations: during matrimonial proceedings, when granting or after granting a divorce or judicial separation decree, or if a spouse is found alive after being presumed dead.
2) The court determines maintenance amounts based primarily on the means and needs of the parties, regardless of income proportions, but considers the responsibility of each party for the marriage breakdown.
3) The right to receive court-ordered maintenance ends if the recipient remarries or lives in adultery with another person.
punitive damages for law suits involving malicious prosecution false arrest j...Ray W Smith
A jury awarded $97.5 million in damages against a town and police officer for the shooting death of a former mayor. This included $7.5 million in compensatory damages and $90 million in punitive damages. Evidence was presented that the officer had been fired from multiple other police departments for misconduct and that the shooting may have been retaliatory. A separate case involved a veteran with PTSD who was awarded $360,000 after an officer allegedly used excessive force during an arrest, aggravating his injuries. A third case discusses a mother who was awarded $57,400 after being falsely arrested when her neighbor complained about her children, with the punitive damages later reduced to $550,000.
The document discusses bail provisions under criminal procedure law. It begins by defining bail and its purpose of securing an accused's appearance in court. Offences are classified as bailable, non-bailable, or unbailable. For non-bailable offences punishable by death or life imprisonment, bail is usually not granted if there are reasonable grounds to believe the accused committed the offence. However, the court may grant bail in exceptional circumstances if the accused is a minor, woman, or sick/infirm person. Case law examples provide guidance on factors considered for granting bail in non-bailable cases, such as medical conditions, age, or ensuring no interference with the case. Conditions like surrendering travel documents or regular police
Case Note: Rockman & Rockman [2014] FCCA 1966Corey Gauci
The court determined the division of assets in a divorce proceeding where there were allegations of domestic violence. The wife received a total of 65% of the assets, including an 8% adjustment for the husband's premature spending of superannuation funds and a 7% adjustment for the impact of the husband's severe and prolonged physical and emotional violence against the wife and children over the 30-year marriage. The court accepted evidence that the violence had a significant negative impact on the wife's contributions to the marriage.
Section 2 of the Domestic Abuse Act defines key terms like domestic abuse, family or household member, and qualified domestic violence-related offense. Section 3 covers court jurisdiction over petitions for orders of protection and waives filing fees for petitioners. Section 4 outlines 10 parts related to orders of protection, including who can file a petition, required elements of the petition, rights to serve notice or request a hearing, and the right to request supervised parenting time.
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.
Pnh hc crwp 4725 2021_03_06_2021_final_orderZahidManiyar
The court granted protection to two petitioners (ages 17 and 20) seeking protection from the family of the female petitioner. While the couple was not married, the court recognized that live-in relationships are permissible and directed police to decide the petitioners' representation for protection within a week if any threat to their life and liberty is found. The order does not protect the couple from legal action for violating laws.
This document summarizes California's Public Safety Realignment Act (AB 109), which shifts responsibility for certain felony offenders from state prisons to local jails. Under AB 109, low-level non-violent, non-serious, and non-sexual offenders will serve their time in county jails rather than state prisons. Counties will also take over supervision of these offenders after their release. The document outlines the populations and crimes affected, funding allocated to counties, and statistics on implementation in Los Angeles County to date.
This document provides a biography for James Paul Markey. It summarizes his career including 30 years with the Phoenix Police Department, where he held various roles such as patrol officer, sergeant in investigations and a sex crimes unit, and created the department's cold case sex crimes team. It also outlines his current work as an independent consultant and trainer on topics related to sexual violence and cold case investigations.
This document discusses the use of RNA profiling technology to identify the tissue source of trace DNA evidence in sexual assault cases. It notes that current STR DNA profiling cannot identify tissue source, which is important for reconstructing events. RNA profiling using mRNA and miRNA markers has emerged as a promising approach, as different tissues express unique profiles of genes and miRNAs. Several studies demonstrate the ability of multiplex RNA profiling to reliably identify blood, saliva, semen, menstrual blood, skin and other tissues from low copy number DNA samples. The stability of miRNAs makes them particularly suitable for analyzing old, degraded forensic samples. The document concludes that RNA profiling, using techniques like RT-PCR and qRT-PCR, shows potential for resolving many forensic cases by
This document summarizes issues with the death penalty system in the United States, including the risk of executing innocent people due to human error. It discusses several cases where innocent people were wrongfully convicted and sentenced to death due to problems like faulty eyewitness testimony, prosecutorial misconduct, and lack of access to quality legal defense. The document argues for reforms like improving qualifications for legal professionals involved in capital cases, barring certain types of evidence like single eyewitness testimony, and requiring preservation of biological evidence to allow for post-conviction DNA testing.
This document discusses various topics related to criminal sentencing, including:
1. The different philosophies that underlie theories of criminal sentencing such as retribution, deterrence, rehabilitation, incapacitation, and restorative justice.
2. Concerns about the high rate of guilty pleas in criminal cases and factors that may improperly pressure defendants to plead guilty such as predictions of conviction from judges and overly pessimistic advice from defence lawyers.
3. The development of sentencing guidelines and acts of parliament in the UK that have reformed sentencing law and policy over time, such as the establishment of a Sentencing Council.
General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
This document summarizes recent legal ethics developments in Missouri and Illinois regarding lawyer regulation. It discusses the General Motors ignition switch scandal where GM engineers testified falsely about approving design changes. The document also discusses a case where a lawyer elicited false testimony from a client to help her client deceive the birth father in an adoption hearing. The lawyer received a stayed suspension. The document also discusses confidential settlements in the GM case and the duty of lawyers to report organizational misconduct up the chain and potentially out of the organization.
This document discusses a Supreme Court of India case regarding the conviction of two individuals for dowry death and abetment of suicide under Sections 304-B and 306 of the Indian Penal Code. It provides background on the case from the trial court and high court. It then examines the legal requirements for a dowry death conviction under Section 304-B and the legislative history and intent of including this provision. It analyzes whether the essential ingredients for a dowry death conviction were established in this case.
http://www.premierebailbonds.com – In the Bail Resource Guide, Premiere Bail Bonds, a leading California bail bonds company, explains the history of bail, how bail works, explains the difference between different bonds, the premiums and rates as well as the different county bail schedules. This is your all-encompassing resource guide to bail bonds in California.
The document discusses the "Mr. Big" police interrogation technique where undercover officers pose as criminals to gain a suspect's confession. It summarizes that the technique circumvents protections against coercing unreliable confessions and obtaining evidence unfairly. Critics argue it allows police to sidestep safeguards and obtain confessions through any means without detaining suspects. False confessions are common results and can lead to wrongful convictions even when retracted. The document concludes that admitting such confessions as evidence at trial would violate the Canadian Charter of Rights and Freedoms.
Selecting Your Jury For A Criminal Jury Trial in New YorkBarry Simon
The document discusses the jury selection process for criminal trials in New York State. It explains that both the U.S. and New York constitutions guarantee the right to a trial by jury. During jury selection, potential jurors are questioned to determine if they can be impartial or should be excused. Lawyers can also use peremptory challenges to eliminate potential jurors they believe may be unfavorable. Carefully selecting jurors through this process can impact the outcome of the trial.
Understanding the Federal Sentencing GuidelinesKevin Mahoney
In the United States an individual can be charged with a state crime, a federal crime, or both. The federal criminal justice system operates in much the same way as the individual state criminal justice systems; however, there are some noticeable differences. If you have been charged with a federal criminal offense, become familiar with the Federal Sentencing Guidelines.
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
Consent in Sexual Offences since the Enactment of the Sexual Offences Act 2003Callum Hughes
This document provides a critical evaluation of the definition of consent in the UK's Sexual Offences Act 2003. It discusses the statutory definition in section 74, which defines consent as agreement by choice with freedom and capacity. It then analyzes the evidential assumptions of consent in section 75, which outlines circumstances where lack of consent is presumed. Finally, it examines the conclusive presumptions of no consent in section 76, particularly regarding deception as to the nature or purpose of the act. Overall, the document argues that while the current definition aims to clarify consent, interpretations remain complex, and the law could establish clearer guidance to balance protecting sexual freedom and preventing unwanted acts.
This is a slideshow from a seminar I conducted with colleagues Michele Alcalde, Esq., and Eugene Wishnic, Esq., for the Middlesex County Bar Association in 2012. The seminar was a primer on issues that criminal defense attorneys in New Jersey need to be aware of before having their non-US Citizen clients plead guilty in municipal court. In some cases, defendants may unknowingly plead guilty to offenses that render them deportable under our immigration laws. Please note that the materials contained herein are not intended to serve as legal advice.
The document summarizes key points about maintenance of a spouse under Malaysian family law:
1) Section 77 of the Law Reform (Marriage and Divorce) Act provides the court the power to order maintenance for a spouse in three situations: during matrimonial proceedings, when granting or after granting a divorce or judicial separation decree, or if a spouse is found alive after being presumed dead.
2) The court determines maintenance amounts based primarily on the means and needs of the parties, regardless of income proportions, but considers the responsibility of each party for the marriage breakdown.
3) The right to receive court-ordered maintenance ends if the recipient remarries or lives in adultery with another person.
punitive damages for law suits involving malicious prosecution false arrest j...Ray W Smith
A jury awarded $97.5 million in damages against a town and police officer for the shooting death of a former mayor. This included $7.5 million in compensatory damages and $90 million in punitive damages. Evidence was presented that the officer had been fired from multiple other police departments for misconduct and that the shooting may have been retaliatory. A separate case involved a veteran with PTSD who was awarded $360,000 after an officer allegedly used excessive force during an arrest, aggravating his injuries. A third case discusses a mother who was awarded $57,400 after being falsely arrested when her neighbor complained about her children, with the punitive damages later reduced to $550,000.
The document discusses bail provisions under criminal procedure law. It begins by defining bail and its purpose of securing an accused's appearance in court. Offences are classified as bailable, non-bailable, or unbailable. For non-bailable offences punishable by death or life imprisonment, bail is usually not granted if there are reasonable grounds to believe the accused committed the offence. However, the court may grant bail in exceptional circumstances if the accused is a minor, woman, or sick/infirm person. Case law examples provide guidance on factors considered for granting bail in non-bailable cases, such as medical conditions, age, or ensuring no interference with the case. Conditions like surrendering travel documents or regular police
Case Note: Rockman & Rockman [2014] FCCA 1966Corey Gauci
The court determined the division of assets in a divorce proceeding where there were allegations of domestic violence. The wife received a total of 65% of the assets, including an 8% adjustment for the husband's premature spending of superannuation funds and a 7% adjustment for the impact of the husband's severe and prolonged physical and emotional violence against the wife and children over the 30-year marriage. The court accepted evidence that the violence had a significant negative impact on the wife's contributions to the marriage.
Section 2 of the Domestic Abuse Act defines key terms like domestic abuse, family or household member, and qualified domestic violence-related offense. Section 3 covers court jurisdiction over petitions for orders of protection and waives filing fees for petitioners. Section 4 outlines 10 parts related to orders of protection, including who can file a petition, required elements of the petition, rights to serve notice or request a hearing, and the right to request supervised parenting time.
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.
Pnh hc crwp 4725 2021_03_06_2021_final_orderZahidManiyar
The court granted protection to two petitioners (ages 17 and 20) seeking protection from the family of the female petitioner. While the couple was not married, the court recognized that live-in relationships are permissible and directed police to decide the petitioners' representation for protection within a week if any threat to their life and liberty is found. The order does not protect the couple from legal action for violating laws.
This document summarizes California's Public Safety Realignment Act (AB 109), which shifts responsibility for certain felony offenders from state prisons to local jails. Under AB 109, low-level non-violent, non-serious, and non-sexual offenders will serve their time in county jails rather than state prisons. Counties will also take over supervision of these offenders after their release. The document outlines the populations and crimes affected, funding allocated to counties, and statistics on implementation in Los Angeles County to date.
This document provides a biography for James Paul Markey. It summarizes his career including 30 years with the Phoenix Police Department, where he held various roles such as patrol officer, sergeant in investigations and a sex crimes unit, and created the department's cold case sex crimes team. It also outlines his current work as an independent consultant and trainer on topics related to sexual violence and cold case investigations.
This document discusses the use of RNA profiling technology to identify the tissue source of trace DNA evidence in sexual assault cases. It notes that current STR DNA profiling cannot identify tissue source, which is important for reconstructing events. RNA profiling using mRNA and miRNA markers has emerged as a promising approach, as different tissues express unique profiles of genes and miRNAs. Several studies demonstrate the ability of multiplex RNA profiling to reliably identify blood, saliva, semen, menstrual blood, skin and other tissues from low copy number DNA samples. The stability of miRNAs makes them particularly suitable for analyzing old, degraded forensic samples. The document concludes that RNA profiling, using techniques like RT-PCR and qRT-PCR, shows potential for resolving many forensic cases by
This document summarizes issues with the death penalty system in the United States, including the risk of executing innocent people due to human error. It discusses several cases where innocent people were wrongfully convicted and sentenced to death due to problems like faulty eyewitness testimony, prosecutorial misconduct, and lack of access to quality legal defense. The document argues for reforms like improving qualifications for legal professionals involved in capital cases, barring certain types of evidence like single eyewitness testimony, and requiring preservation of biological evidence to allow for post-conviction DNA testing.
This document discusses various topics related to criminal sentencing, including:
1. The different philosophies that underlie theories of criminal sentencing such as retribution, deterrence, rehabilitation, incapacitation, and restorative justice.
2. Concerns about the high rate of guilty pleas in criminal cases and factors that may improperly pressure defendants to plead guilty such as predictions of conviction from judges and overly pessimistic advice from defence lawyers.
3. The development of sentencing guidelines and acts of parliament in the UK that have reformed sentencing law and policy over time, such as the establishment of a Sentencing Council.
Mentoring as Prevention for Modern Day Slavery and Sexual ExploitationFriends for Youth, Inc.
This presentation was delivered on Tuesday, March 15, 2011, as part of the free monthly webinar series Friends for Youth's Mentoring Institute with special guest presenter Emily Turner.
This presentation will focus on educating ourselves about modern day slavery occurring in our communities and how we can utilize our mentoring programs, mentoring relationships, and community partnerships to raise awareness, generate activism, and think preventively. Our special guest speaker, Emily Turner, will identify modern day slavery and coinciding issues related to victim vulnerability and behavioral risks. This information is vital in understanding all forms of sexual exploitation and how mentoring, as an evidence-based prevention strategy, has the potential to not only decrease demand and rescue those enslaved, but also to prevent youth from becoming involved into vulnerable situations that may contribute to sexual exploitation.
The document summarizes the findings of the SELEX project which examined severe exploitation of foreign workers in the EU. It found that foreign workers face serious risks of exploitation due to legal and institutional factors like low risks of prosecution for offenders and lack of effective monitoring. Personal risk factors for workers included low education levels and lack of language skills. Workplace risks included isolation and precarious employment. Certain economic sectors like agriculture, construction and domestic work were more prone to exploitation. Employers increased risks by withholding contracts and payments. Key recommendations included strengthening laws against exploitation, improving monitoring, empowering victims to report, and fostering a zero-tolerance approach.
Moral behaviors of the five year old childrenDexter246
This document summarizes a research study on the moral behaviors of 5-year-old children at Balingasa Elementary School in Quezon City, Philippines. The study aims to investigate the children's profiles, habits inside the classroom, and the impact of teacher interventions. It used a descriptive survey method with questionnaires to collect data on the children's behaviors in different situations. The questionnaires were validated before administration. Statistical analysis including frequency counts, percentages, and weighted means were used to analyze the children's moral behavior levels.
Child labor exploitation is a major challenge for developing countries as it denies children their right to education, robbing them of their childhood and leaving them in a cycle of poverty without skills. India has one of the highest rates of child labor in the world, with over 12 million children aged 5-14 estimated to be working according to a 2001 census, though the real number may be as high as 60 million, as child labor remains a serious problem despite constitutional guarantees of education for all children ages 6 to 14.
Child labor is defined as the employment of minors under 12 years old in economic activities that negatively impact their personal development, education, health or subject them to psychological stress. Common industries exploiting child labor include mining, agriculture where children use pesticides and machinery, domestic labor, and construction. Countries in Africa and Southern Asia have the highest rates of child labor, with 69 million child laborers in Africa and 44 million in Southern Asia. Children between 10-14 make up a significant percentage of the global child labor force.
Gising, Pilipinas! Wake up, Philippines! It's time to learn the TRUTH about the last 30 years and why our country became the poorest in Asia, despite 2 "people power revolutions" in the name of "fighting corruption," the Philippines people suffering in poverty and hunger like never before, due to unabated corruption! We need a true LEADER and we need to take action!
This document discusses young people who are at risk of sexual exploitation and outlines various initiatives to help protect them. It defines sexual exploitation of children and notes that those under 18 engaged in prostitution should be seen as victims. Risk factors for exploitation are identified as running away, abuse history, self-harm, substance abuse, and poor family/peer relationships. Meetings are held between professionals to share information on at-risk youth and abusers. Letters can be sent to discourage relationships between youth and older adults. Education sessions address relationships, abuse, stereotypes, and where to get help. One-on-one support focuses on safety, self-esteem, and protecting vulnerable youth.
Child exploitation involves the use of minors for economic gain, negatively impacting their development and rights enjoyment. An estimated 158 million children worldwide, especially in sub-Saharan Africa and South Asia, work in hazardous conditions that interfere with schooling. Poverty is a key driver of child labor, though girls face additional vulnerabilities like domestic servitude and abuse. International organizations like UNICEF work to enforce children's rights to survival, health, education and protection from exploitation through initiatives targeting issues like access to schools, healthcare, and clean water.
Thousands of children and women are trafficked internationally each year for sexual exploitation. An estimated 600,000 to 820,000 people are trafficked across borders annually, with 70% being women and girls and up to 50% being minors. Legalizing prostitution has failed to protect women and instead has normalized the abuse and violence they experience. Gender inequality is inherent in prostitution as it promotes the idea that men can buy women. Fighting human trafficking requires punishing traffickers, protecting victims, and international cooperation against this modern form of slavery.
SEX TOURISM AND SEXUAL EXPLOTAION OF CHILDREN: KENYA CASE STUDYIACOPO QUARONE
The document discusses the commercial sexual exploitation of children, including child sex tourism, on the Kenyan coast. It notes that an estimated 10,000-15,000 children are involved in casual sex due to poverty, corruption, and the tourism industry. While laws exist to protect children, they are often not enforced. A multi-sectoral response is needed that addresses poverty, holds sex tourists accountable, and ensures legal protections for children are upheld. International agreements and codes of conduct have helped but more remains to be done to stop the exploitation of children for commercial sex.
Sex Trafficking: What Is It and What Can We Do About It?linneaws
This document discusses sex trafficking and efforts to address it. It covers several topics:
- Definitions of terms like commercial sexual exploitation of children and child sex tourism.
- Statistics that over 1 million children are exploited annually through sex tourism.
- Factors that drive both the demand and supply of child exploitation, such as poverty, anonymity, and rationalizations.
- Examples of public education campaigns in places like Brazil, hotels, and airports to raise awareness and prevent trafficking.
Presentation on 'Modern day slavery in New Zealand?' by Belinda Bonzon-Liu, Wellington Women Walk for Peace, Wellington, New Zealand: http://www.www4peace.org.nz/
This presentation was made at the Diversity Forum at Canterbury University, Christchurch, New Zealand on 24 August 2014: http://www.hrc.co.nz/race-relations/new-zealand-diversity-forum/
Child Sexual Exploitation of Children, CSEC Advocacy ProjectAlexandra Rupp
We define sexual exploitation as rape, abuse, and violence against children, in which 1.6 million youth did NOT “choose “ to be a victim. Alameda County has the 2nd largest population of Commercially Sexually Exploited Children and youth where every two minutes a child is being groomed for sexual exploitation (PCWTA). These numbers represent the amount of CSEC victims we serve, typically without knowing. The traumatic and adverse experiences commonly occurring in our communities, put our children at higher risk for being coerced, manipulated, and forced into sexual exploitation and human trafficking. A trafficker knows what to look for—and so should we. To protect our children, we must increase our awareness and understanding of CSEC in order to effectively prevent, respond, and restore. CSEC is on the rise and while it’s happening all around us, most of us don’t see it. Help us make child sex trafficking and commercial sexual exploitation visible, so we can end it. Because every child is too valuable to be bought and sold!
The document discusses the exploitation of child labor in Africa. It notes that an estimated 20-30 million people worldwide are enslaved in forced labor or slavery, many of them children. Sub-Saharan Africa has some of the worst child labor, with children as young as 5 working in dangerous conditions in cocoa farms, gold mines, and other industries. These children face physical and psychological harm without protection or pay. While some efforts have been made through laws and companies' policies, truly addressing the issue requires strengthening African economies and ensuring children's access to education so they are not forced into labor by circumstances of poverty.
An estimated Rs. 7,700 crore worth of commercial and residential properties have turned into non-performing assets according to data from NPAsource.com. The data shows around 2,200 commercial units and 11,000 residential units valued at Rs. 7,700 crore are up for sale. Maharashtra, mainly Mumbai, has the highest value of commercial and residential NPA properties for sale, totaling Rs. 842 crore and Rs. 838 crore respectively. Delhi is next with Rs. 686 crore in commercial NPAs and Rs. 500 crore in residential NPAs. The slowdown in the real estate market has exacerbated banks' difficulties recovering funds from distressed property loans.
Legal causes of action for victims of sexual harassment in Texas independent of EEOC claims. What women can do to sue the owners of Texas businesses and employers who sexually harass, grope, or fondle them. A unique approach to suing sexual predators by a former police chief who has been practicing law for over 30 years!
A summary of legal rights for women who have been Sexually Assaulted, Molested, or Abused by their Doctor, Psychiatrist, Psychologist, Minister, or Attorney in Tennessee by Tennessee Attorney Kevin R. Madison - a former Police Chief and former Criminal Prosecutor with 38 years of courtroom litigation experience
A summary of legal rights of women in Tennessee who have been victims of Sexual Exploitation and Sexual Assault written by Tennessee Attorney Kevin R. Madison - a former Police Chief and former Criminal Prosecutor with 38 years of courtroom litigation experience
A summary of legal rights of women who have been Sexually Harassed by their Employer in Tennessee by Tennessee attorney Kevin R. Madison - a former Police Chief and former Criminal Prosecutor with 38 years of courtroom litigation experience
Predicting Violent Behavior The Psychology of Risk Assessment.docxharrisonhoward80223
Predicting Violent Behavior: The Psychology of Risk Assessment
Chapter 14
Leroy Hendricks and Sexually violent Offenders
Sexually Violent Predator Civil Commitment Law (SVP)
Civil commitment of potentially dangerous sexual offenders
Often in treatment facilities until cleared
In the DA’s custody
As of 2013, 20 states and federal government passed such laws
Includes Texas – exclusively community-based commitment
Nearly 4500 sex offender committed under SVP since 1990, and only 494 released by 2007
Leroy Hendricks: First to be held under SVP
Leroy Hendricks and Sexually Violent Offenders
SVP objectives
Police power to protect citizens
Parens patriae power to protect those not able to care for themselves
Predicting future criminal conduct
Psychologists and psychiatrists
Controversy regarding accuracy
Controversy regarding double jeopardy, ex post facto, substantive due process
SVP Laws in United States
Blue shading indicates states that have SVP laws. Gray shading indicates states that do not have SVP laws.
Figure 14.1
4
Sexually Violent Offenders
Why were the SVP laws enacted?
Re-offense rates not as large as widely believed, but did increase over time to 24% after 15 years.
Sex offenders were thought to be uncontrollable and only stopped through incapacitation
Actual rates may be inaccurate.
Many unreported sexual crimes
Researchers can only sample self-reports, arrests, and convictions
Sexual re-offenses also affected by
Group of offenders followed
Length of time followed
Sexually Violent Offenders
Kansas v. Hendricks (1997) (U.S. Supreme Court)
SPV laws did not violate double jeopardy and ex post constitutional concerns
Laws imposed civil rather than criminal punishment and constitutional restrictions on punishment only applied to criminal matters
Substantive due process was not violated
Risk Assessment and the Law
Involuntary civil commitment
Decision to place someone in a psychiatric facility against his or her will
Mental disorder affecting functioning
Danger to self or others
Tarasoff
Gravely disabled
Risk Assessment and the Law
Sexually Violent Predator civil commitment (SVP)
Protection of community
Hendricks v. Hendricks (1994)
Broadly defined sexual predator
Supreme Court determined parens patriae treatment largely unnecessary (1997)
Kansas v. Crane (2002) explained criteria to commit an individual under SVP laws
Suffer from mental illness
Pose a future danger to society
Have serious difficulty controlling his or her urges
See Table 14.1 for more information
8
Risk Assessment and the Law
DSM-5 Diagnostic Criteria for Antisocial Personality Disorder
Pervasive pattern of violation of rights of others since age 15 as demonstrated by three of seven criteria
Eighteen years of age
Conduct disorder with onset before 15 years
Antisocial behavior not exclusively to actions related to schizophrenia or manic episode
See Table 14.1 for more information
9
Risk Assessment and the Law
Challenges of risk assessment
Protect .
Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
This document summarizes issues related to domestic restraining orders. It discusses how restraining orders are obtained through a two-step process and are often issued on an emergency basis without the respondent being present. It estimates that around 60% of the millions of restraining orders issued annually are unnecessary or false. The document also discusses how restraining orders can negatively impact families and violate due process, as well as problems with gender bias in their issuance and victims sometimes being wrongly accused of abuse.
A civil lawsuit allows victims to seek compensation for harm caused by another individual or entity. If successful, the plaintiff will be awarded damages to help rebuild their life. Civil lawsuits do not determine criminal guilt or innocence, but rather establish liability for damages. Victims can file a civil suit regardless of criminal case outcomes in order to receive compensation for injuries and hold offenders accountable. Pursuing civil action provides victims with control over their case and may result in greater compensation than other options like restitution or victim compensation funds.
Effects of judges, juries, jurors and defenders.Nilufar Kausar
The document summarizes key aspects of the criminal justice system, including the roles of judges, juries, lawyers and other participants. It discusses jury selection processes, the pros and cons of jury trials, and how pre-trial publicity and the "CSI effect" can influence juror verdicts. It also compares public defenders to private attorneys and notes that while a public defender can be reassigned if not handling a case well, it is rare for courts to do so. The group members who prepared the document are listed at the end.
Counsel in sexually violent predator (SVP) civil commitment cases should be held to a higher standard than the Strickland standard of effective assistance of counsel. SVP counsel need expertise on actuarial risk assessment tests, access to independent expert witnesses as guaranteed by Ake, and the ability to vigorously represent their unpopular clients against the public's hatred of sex offenders. Applying therapeutic jurisprudence principles and honoring client voice, validation, and voluntariness requires SVP counsel be highly trained and fully resourced to defend the liberty interests at stake in these quasi-criminal civil commitment hearings.
This document discusses the boundaries between discipline, crime, and tort as they relate to the medical profession. It outlines Blackstone's 18th century definition distinguishing private wrongs (civil injuries) from public wrongs (crimes and misdemeanors). It then examines the three elements of discipline for health practitioners according to Australian law - unsatisfactory professional conduct, professional misconduct, and crime. Case examples are provided to illustrate how intent, recklessness, and multiple victims can lead to criminal prosecution of doctors.
CHAPTER 8:
Law and Legal Professionals
Lecture Slides prepared by Cheryn Rowell
*
Administers justiceEnforces rightsIs a tool of behavior changeIs educativeNatural law: Laws inherent in the natural world that can be discovered by reason.Positive law: Laws written and enforced by society.
Law
*
Protection from Harm
Social contract theory holds that people sacrifice certain freedoms in exchange for the protection of society.
How much freedom should be sacrificed?
Only the minimum necessary to protect the liberty of others.
*
Justifications for LawThe harm principle: to prevent harm to persons other than the actor (assault, robbery, arson) The offense principle: to prevent serious offense to persons other than the actor (public indecency or lewdness)Legal paternalism: to prevent harm to the actor (seat belts) Legal moralism: to prohibit conduct that is inherently immoral (gambling)Benefit to others: to provide some benefit to persons other than the actor (toxic waste dumping)
*
Protection From Self (Paternalism)
Laws that prevent people from harming themselves.
Ethics of care: OK—behavior is “good” for the subject even though he or she may not agree.
Utilitarianism: OK—such laws reflect a “public good.”
Ethical formalism: NOT OK—violates the concept of treating all with regard.
*
Paternalism with Restrictions?Should be as limited as possible.
Should only apply if a person is incapable of making a competent decision.
Should seek only to prevent a serious and irreversible error.
*
Protection of Morals (Moralism)The state often makes laws based on moral standards, even though there is no consensus within society about these moral standards.
Some behaviors are defined as “wrong” and are prohibited, although those involved in them are consenting.
Legal moralism may change through time.
The U.S. Supreme Court upheld Georgia’s right to declare sodomy illegal in 1986. In 2003, the same court declared Texas’s law against same-sex sodomy unconstitutional.
*
Paradigms of Law
Consensus paradigm
Society is a community of like-minded individuals who agree on goals important for ultimate survival.
Conflict paradigm
Society contains competing and conflicting interests. Governance is based on power; if some win, others lose, and those who hold power promote self-interest.
Pluralist paradigm
Society contains competing interests, but more than two basic interest groups exist; the power balance may shift as part of the dynamics of societal change.
*
Perceptions of Judicial Processing
The Ideal:
The American Justice system is fair and unbiased.
Two equal advocates, with a neutral judge, arrive at the truth.
The Reality:
Most defendants are represented by overworked and/or inexperienced advocates.
*
A “Confidence Game”:
Advocacy a pretence
Individualized justice a pretence
Bureaucratic Justice:
Bureaucratic efficiency supplants goal of justice
Presumption of guilt (plea bargaini ...
Chapter 8 law and legal professionals lecture slissuserfa5723
This document provides an overview of key concepts related to law and the legal profession. It discusses different theories of law, justifications for laws including harm prevention and paternalism, paradigms for understanding law like consensus and conflict, perceptions of the judicial system, ethical standards and roles for legal professionals, and responsibilities of attorneys and judges. The roles of attorneys are debated, between being a legal agent focused only on the client or a moral agent who considers personal ethics. Exceptions to confidentiality between attorneys and clients are also outlined.
The document summarizes a study by American criminologist Dr. Joan R. Petersilia on criminal justice policies for the mentally retarded. The study finds that the mentally retarded are often unable to understand their Miranda rights and confess to crimes they did not commit. They also have difficulty with plea bargaining, testifying credibly in court, and impressing parole boards. As a result, they tend to serve longer sentences and have higher recidivism rates than other offenders. The document calls for reforms like screening for mental disabilities, diverting certain offenders to supervised probation, and programs to help with job training and reintegration into society. This could help the mentally retarded while also saving taxpayer money on incarceration costs.
This document discusses several topics related to psychiatry and the law, including:
- Informed consent requirements for patients with mental illness undergoing procedures like surgery or ECT.
- Factors considered in child custody cases, such as the presumption that maternal custody serves a child's welfare.
- Evaluating testamentary and contractual capacity, including understanding wills, contracts, marriages, guardianships, and durable power of attorney.
- The psychiatrist's role in evaluating claims in worker's compensation cases and determining if a mental illness was caused or exacerbated by employment.
PLEASE ANSWER ALL QUESTIONS THOROUGHLY….THERE ARE FOUR QUESTIONS.docxrandymartin91030
PLEASE ANSWER ALL QUESTIONS THOROUGHLY….THERE ARE FOUR QUESTIONS
Explain the differences between a misdemeanor and a felony charge?
Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions?
Finally, provide a definition in your own words, for the legal term, corpus delicti?
Why does corpus delicti have to be proven for there to be an effective criminal prosecution?
THIS ASSIGNMENT IS COMPLETED ABOVE, YOUR NEXT ASSIGNMENT IS TO:
Respond to at least two of your classmates’ posts.
Question the efficacy of all of the legal terms discussed in this discussion board with your classmates.
Do you think that this is the best way to handle previous case law, designate how a case is charged, and to ensure that an actual crime was committed?
Please offer alternatives to the current legal analyses in your responses to your classmates.
Remember; do not merely agree with your classmates without additional information. A substantive response advances the discussion in a meaningful way; merely agreeing with your classmates is not a substantive response.
PROVIDE FEEDBACK ON TWO CLASSMATES POSTS. THE LENGTH MUST BE 200 WORDS EACH POST. THERE ARE TWO FEEDBACKS YOU MUST DO. MUST BE POSITIVE FEEDBACK, PROPER GRAMMAR/SENTENCE STRUCTURE, AND ANY OUTSIDE SOURCES YOU USE THAT RELATES TO THE FEEDBACK FROM THE STUDENT MUST BE PROPERLY CITED/SCHOLARY SOURCE.
First Discussion Response from Electa Pifer
The textbook this week provided you with a wealth of information about key concepts in the foundations of criminal justice. In your primary response for this discussion, explain the differences between a misdemeanor and a felony charge.
In most criminal justice systems, a felony is a crime that may be punished by 1 year or more of incarceration (Wright, 2013). In most cases individuals convicted of a felony are incarcerated in prison (Wright, 2013). Felony is a serious crime, characterized under federal law and many state statues as any offense punishable by death or imprisonment (West’s Encyclopedia of American Law Edition 2, 2008).
A misdemeanor is a crime that may be punished by no more than 1 year of incarceration (Wright, 2013). The individuals convicted of misdemeanors usually serve their time in jails (Wright, 2013). Misdemeanor is offenses lower than felonies and generally those punishable by fine, penalty, forfeiture, or imprisonment other than in a penitentiary (West’s Encyclopedia of American Law Edition 2, 2008).
The differences between a felony and misdemeanor charge is that a person is punished for the offenses committed one serves time in a prison for more than one year and the other serves time in a jail for no more than a year. These charges are used to classify where the criminal is punished and where the sentence will take them.
Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions.
Stare decisis is the legal doctrine used in common law in which a court follows the legal prece.
The document discusses risk management of sexual offenders in communities. It covers topics like civil commitment laws, sex offender registries, community notification, and actuarial risk assessment tools. Specifically, it notes that civil commitment targets high risk individuals with treatable mental disorders to protect the public through least restrictive means. It also discusses how sex offender registries in Canada aim to provide police information to investigate sexual crimes by identifying possible suspects near offense sites. However, community notification laws may heighten fear and impede offender reintegration without public education. Actuarial tools also have limitations and error rates in accurately assessing risk.
The document discusses various defences that can be used in criminal cases, including denial of the crime, justifications, mental states, mental disorders, intoxication, self-defence, necessity, compulsion/duress, provocation, and battered woman's syndrome. It provides details on the legal requirements and tests for each defence. Key points include that mental disorder can be used as a defence if the accused was unable to appreciate the nature of their actions or know they were wrong. Intoxication is generally not a defence but may be in cases of specific intent or extreme intoxication. Self-defence must use reasonable force, while defence of property allows greater force. Battered woman's syndrome provides context for why an abused
Between the time that the police make an arrestand a case is event.docxjasoninnes20
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...
Similar to Legal remedies for victims of Sexual Exploitation and Sexual Assault in Texas (20)
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
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Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
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A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
2. What this Slideshare Presentation
will educate you about Texas laws
Identifying civil causes of action available to victims of
Sexual Exploitation and Abuse, including victims abused
by doctors, clergymen, psychologists, psychiatrists,
therapists, and lawyers having improper sexual
relationships with their patients/clients.
Understanding the benefits of civil causes of action
Understanding the differences in burdens of proof in
civil cases as opposed to criminal cases
Understanding and Reviewing “Statutes of Limitations”
Identifying Damages that crime victims may be able to
recover
2
3. Sexual Exploitation cases are accepted throughout the
State of Texas by The Law Offices Of Kevin R. Madison
What is Sexual Exploitation?
Sexual Exploitation is defined in the Texas Civil Practice and
Remedies Code in Chapter 81.
Sexual Exploitation is improper touching, sexual contact,
lewd behavior (without physical contact), and “sexual
treatment” of a mental health patient by any mental health
professional, which includes your family doctor, your
therapist, your psychologist or psychiatrist. Even religious
counselors are included in this law, such as: Ministers,
Deacons, Rabbis, and Priests.
“Sexual Exploitation” is illegal and a victim can sue the
person who sexually exploits them.
3
4. 4
Criminal Process
• Report to Law Enforcement
• Police Investigate Case
• Presentation to Grand Jury
• Grand Jury Indicts (or “No Bill”)
• Criminal Trial Process Begins
• Months of Time or Years Pass
• Court Re-sets and Continuances
• Trial or Plea Bargain Agreement
• Dismissal of Hard to Prove Cases
5. 5
Civil Litigation...Why?
Catharsis- Regaining Control for Victim
Public awareness of Abusers
Possibility of Settlement or Judgment
Faster Track than Criminal Case
Don’t have to wait until Criminal Case is
Over
Easier Burden of Proof than a criminal
case: Preponderance of the Evidence
Monetary Damages
6. BURDEN OF PROOF
. . . is the level of proof required in a legal action required to
prove the allegation asserted.
Beyond a Reasonable Doubt: the highest level of proof,
required in all criminal trials in the United States. Defendant
presumed innocent.
Clear and Convincing Evidence: The next highest level of
proof, used in family law curt cases- the high standard
required to terminate a parent-child relationship.
Preponderance of the Credible Evidence: the lowest
level of proof, used in these civil trials; typically means
“more likely than not.” All that is required is to tip the scales
6
7. BURDEN OF PROOF
In civil cases the scales are even, unlike in the criminal
arena, where the defendant is presumed innocent and
scales are tipped for defendant at the start of the trial.
All is takes to prevail in the civil justice system is to tip the
scales in favor of the plaintiff. A 51% to 49% (more likely
than not) weight of the credible evidence will win.
7
9. Sexual Exploitation of Patient
by a Mental Health Provider
TCPRC, Chapter 81:
Mental Health Service Providers such as
Licensed Social Workers, Chemical Dependency
Counselors, Licensed Professional Counselors,
Licensed Marriage and Family Therapists,
Clergy, Physicians, and Psychologists are Liable
to patients and former patients for damages for
sexual exploitation if the patient or former
patient suffers a physical, mental, or emotional
injury caused by, resulting from, or arising out of:
9
10. SEXUAL EXPLOITATION BY MENTAL
HEALTH CARE PROVIDER
TCPRC, Chapter 81
(a) Sexual Contact Between patient
and Provider;
(b) Sexual Exploitation of patient by
Provider; or
(c) Therapeutic Deception of patient by
Provider.
10
11. Sexual Exploitation of Patient
by a Mental Health Care Provider
Statute of Limitations: Three (3) Years
TCPRC 81.009
Actual Damages:Medical Bills
Mental Health Counseling Bills
Mental Anguish & Physical Pain
Physical Impairment
Lost Wages
+ Attorney’s Fees
+ Punitive Damages
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12. Sexual Exploitation of Patient
by a Mental Health Care Provider
TCPRC, Section 81.004:
A Plaintiff who prevails may recover actual
damages, including damages for mental
anguish even if an injury other than mental
anguish is NOT shown.
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13. Sexual Exploitation of Patient
by a Mental Health Care Provider
TCPRC, Section 81.005(a):
It is NOT a defense that the sexual exploitation of
the patient or former patient occurred:
(1) with the consent of the patient;
(2) outside the therapy or treatment sessions; or
(3) off the premises regularly used by the mental
health services provider for therapy or treatment.
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14. 14
NON-DISCHARGEABILITY
IN BANKRUPTCY PROCEEDINGS
11 USCS § 523(a)(6) §523. Exception to discharge
A defendant who commits an Intentional Tort,
such as Assault, Sexual Assault, or Sexual
Exploitation is forbidden by federal law from
being able to file for bankruptcy and discharge
any civil judgment against him if he caused...
...a willful and malicious injury to another
person or entity
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Attorney Kevin Madison has been successful suing
and obtain money settlements for victims of:
SEXUAL ASSAULT
SEXUAL MOLESTATION BY A DOCTOR
CONSENSUAL* SEXUAL CONTACT BETWEEN DOCTORS & PATIENTS
LAWYERS PRESSURING CLIENTS TO HAVE SEX WITH THEM**
* There is no such defense as “consent” when a doctor, psychiatrist,
psychologist, therapist, minister, priest, rabbi violates their fiduciary
duty and convinces a patient to have sexual relations with them!
**The same is true if a lawyer has sex with a client. This is highly
unethical conduct and a violation of their fiduciary duty to client. We
love to sue lawyers who violate their ethical duties to clients.
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SEXUAL ASSAULT
Texas Penal Code, Section 22.011
Statute of Limitations: Five (5) Years
TCPRC, Sec. 16.0045
Actual Damages:Medical Bills
Mental Health Counseling Bills
Mental Anguish & Physical Pain
Physical Impairment
Lost Wages
Punitive Damages:NO LIMITATION
TCPRC, Sec. 41.008(c)
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Tips to Help Assault Victims
This is a list of top legal rights that can
assist Assault Victims.
This list is not meant to be comprehensive,
but rather is a list of legal rights that most
crime victim attorneys feel are important to
help our crime victim clients.
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Magistrate’s Order for Emergency Protection, TCCP
Article 17.292.
Originally for family violence victims, but now includes
victims of sexual assaults, dating violence, and stalking
Order valid for 31-61 days, unless deadly weapon used
then order extends to 91 days.
Judge can issue on own motion or request by victim or
police officer.
Emergency Protective OrdersEmergency Protective Orders
Texas Code of Criminal Procedure, Article 17.292Texas Code of Criminal Procedure, Article 17.292
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Prohibit a defendant from:
– Committing further acts of violence against victim
– Communicating with victim in threatening or harassing
manner
– Going near victim’s home, school, or place of
employment
– Possessing a firearm
– Punishable by up to year in jail + $4,000 fine
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Sexual Assault ExamsSexual Assault Exams
Texas Code of Criminal Procedure, Article 56.045Texas Code of Criminal Procedure, Article 56.045
Victims have right to sexual assault
examination that is paid for by the state.
Victims have the right to have an advocate
from a sexual assault program with them
during the sexual assault forensic medical
examination.
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Sexual Assault HIV TestingSexual Assault HIV Testing
Texas Code of Criminal Procedure, Article 21.31Texas Code of Criminal Procedure, Article 21.31
• If requested by victim or ordered by the court,
testing is mandatory for anyone indicted for
sexual offense.
• Results are released to local health authority
• Health authority reports the results to victim
• Results of the test cannot be used in
prosecution
• This testing is different from CODIS database
testing for offenders.
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PseudonymsPseudonyms
Texas Code of Criminal Procedure, Article 57.02Texas Code of Criminal Procedure, Article 57.02
A victim of an alleged sexual assault can use a pseudonym in
public court documents. Police officers required to offer forms
to sexual assault victims to use a pseudonym.
Pseudonym means a set of initials or fictitious name that
designates the victim in all public records of a criminal
proceeding. e.g. “JRD” or “Jane Doe”
The pseudonym is used in police report, indictment, and
during trial to protect true identity of sexual assault victim.
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Address ConfidentialityAddress Confidentiality
Texas Code of Criminal Procedure, Article 56.82Texas Code of Criminal Procedure, Article 56.82
The Office of the Attorney General of Texas has
established an address confidentiality program for
victims of sexual assault, stalking, and family violence.
The OAG designates a P.O. box address for victims to
use and then forwards all mail to victims.
The OAG serves as agent for service of process.
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Crime Victims’ CompensationCrime Victims’ Compensation
Texas Code of Criminal Procedure, Article 56.31 – 56.64Texas Code of Criminal Procedure, Article 56.31 – 56.64
Victims of sexual assaults, physical assaults, and
other violent crimes are entitled to apply for crime
victims’ compensation benefits through the Attorney
General’s office. Financial benefits may include
assistance with:
medical treatment
mental health counseling
relocation expenses
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Crime Victim Bill of RightsCrime Victim Bill of Rights
Texas Code of Criminal Procedure, Article 56.02Texas Code of Criminal Procedure, Article 56.02
Victims must INVOKE their Rights!
You can do this by sending Prosecutor a Letter.
Protection from threats
Notification of all court proceedings
Information on victim compensation fund
Right to provide information on pre-sentence report
Right to make victim impact statement to court
Separate waiting area during court proceedings
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Victim Rights Letter to Prosecutor
My office sends out a notice letter to the
prosecutor invoking the Crime Victim
Rights Act
http://www.kevinmadison.com/crime_victim_rights.html
A copy of this letter is filed with the Court
TCCP, Art. 56.02 Texas Crime Victims’ Act
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Victim Rights Letter to Prosecutor
District Attorney
Via Certified Mail #
Return Receipt Requested
Re: State of Texas vs. ________________________
Crime Victim: ______________
Cause Number: _____________
In the _____ Judicial District Court of _________ County
Offense: Aggravated Sexual Assault
NOTICE OF INVOCATION OF CRIME VICTIM RIGHTS
TCCP 56.02 TEXAS CRIME VICTIM’S ACT
Dear District Attorney _________,
Pursuant to the Texas Code of Criminal Procedure, Article 56.02, more commonly known
as the Texas Crime Victims’ Act, this letter is to advise you, as District Attorney, (and the
Court) that I am the above-referenced crime victim in this aggravated assault case.
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Pursuant to the Texas Code of Criminal Procedure, Article 56.02, I am invoking all
of my legal rights under the Crime Victims Act, including but not limited to the
following enumerated legal rights:
Texas Code of Criminal Procedure, Article 56.02(a):
(3)(A) the right, if requested, to be informed by the attorney representing the
state of relevant court proceedings,
(5) the right to provide pertinent information to a probation department
conducting a presentencing investigation concerning the impact of the offense
on the victim and his family by testimony, written statement, or any other manner
prior to any sentencing of the offender;
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(8) the right to be provided with a waiting area, separate or secure from other
witnesses, including the offender and relatives of the offender, before testifying in
any proceeding concerning the offender; if a separate waiting area is not available,
other safeguards should be taken to minimize the victim's contact with the offender
and the offender's relatives and witnesses, before and during court proceedings;
(13) the right to be informed of the uses of a victim impact statement and the
statement's purpose in the criminal justice system, to complete the victim impact
statement, and to have the victim impact statement considered:
(A) by the attorney representing the state and the judge before sentencing
or before a plea bargain agreement is accepted;
(b) A victim, guardian of a victim, or close relative of a deceased victim is entitled
to the right to be present at all public court proceedings related to the offense,
subject to the approval of the judge in the case.
(c) The office of the attorney representing the state, and the sheriff, police, and
other law enforcement agencies shall ensure to the extent practicable that a victim,
guardian of a victim, or close relative of a deceased victim is afforded the rights
granted by Subsection (a) of this article and, on request, an explanation of those
rights.
32. Summary of Limitation PeriodsSummary of Limitation Periods
2 Years Simple Assault & Assault with Bodily Injury
2 Years Intentional Infliction of Emotional Distress
3 Years Sexual Exploitation by Mental Health Provider
or Mental Health Counselor
5 Years Sexual Assault and Incest Claims
If victim is a child, time begins to run when
victim turns 18 years of age
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33. All Cases are Contingency Fee
Attorneys who handle Crime Victim Cases do not charge
hourly fees or retainer fee. We handle Crime Victim
cases the same way we handle Personal Injury cases –
by agreeing to accept a percentage of the total money
recovery we obtain for the client.
Our fees are “contingent” on obtaining a settlement for
the Client.
If we are unable to get a recovery for the Client, the
Client owes us nothing! Not even out of pocket costs.
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35. Contact Information:
Texas Attorney Kevin R. Madison
Former Police Chief - Former Prosecutor
Tel: (512) 708-1650 Office
kevin@kevinmadison.com
www.kevinmadison.comwww.kevinmadison.com
www.texassexualharassmentattorney.comwww.texassexualharassmentattorney.com
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Editor's Notes
For more information on protective orders, see the 10-minute mentor presentation on “Protective Orders in Family Violence Cases” by Charles Geilich
Usually the Sexual Assault Forensic Examination is performed by a Sexual Assault Nurse Examiner (S.A.N.E.) rather than a physician.
The three offenses that qualify are: sexual assault, agg sexual assault of an adult or child, or indecency with a child by contact CODIS is a nationwide DNA database used to identify offenders.
See Ten-Minute Mentor program on “Crime Victims’ Compensation” by Suzanne McDaniel for more information. If victim is in Section 8 housing, the Section 8 administrators may also help with victim relocation – this is apart from the crime victims’ compensation fund. Victims must cooperate with prosecution to be eligible for CVC funds. If the victim becomes uncooperative during the proceedings, any CVC funds must be reimbursed. Relocation expenses may be available if the sexual assault occurred in the victim’s residence.