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Report to the Nation on Crime and Justice, Second Edition
U.S. Department of Justice Bureau of Justice Statistics Report to the Nation on Crime and Justice Second edition NCJ-105506, March 1988 U.S. Department of Justice Bureau of Justice Statistics Steven R. Schlesinger Director Marianne W. Zawitz Editor Contents Introduction iii I. The criminal event 1 II. The victim 23 Ill. The offender 39 IV. The response to crime 55 1. An overview 56 2. Entry into the criminal justice system 62 3. Prosecution and pretrial services 71 4. Adjudication 81 5. Sentencing and sanctions 90 6. Corrections 102 V. The cost of justice 113 Index 128 ii Report to the Nation on Crime and Justice Introduction The Bureau of Justice Statistics presents This edition contains additional material this second comprehensive picture of on such common law crimes as homi- crime and criminal justice in the United cide, robbery, and burglary; drunk driv- States. Relying heavily on graphics and ing; white-collar crime; high technology a nontechnical format, it brings together crime; organized crime; State laws that a wide range of data from BJS's own govern citizen use of deadly force; pri- statistical series, the FBI Uniform Crime vate security; police deployment; sen- Reports, the Bureau of the Census, the tencing practices; forfeiture; sentencing National Institute of Justice, the Office outcomes; time served in prison and of Juvenile Justice and Delinquency jail; facilities crowding; recidivism; the Prevention, and many other research cost of crime; and privatization of crimi- and reference sources. Because it ana- nal justice functions. lyzes these and other rich data sources, this report should interest the general Graphic excellence and clarity of public as well as criminal justice practi- expression are the hallmarks of this tioners, researchers, and educators in attempt to assist the Nation as it seeks our high schools and colleges. -
Substantive Criminal Law: Principles and Working 1 Vocabulary
55256_CH01_001_016.pdf:55256_CH01_001_016.pdf 12/18/09 1:58 PM Page 1 CHAPTER Substantive Criminal Law: Principles and Working 1 Vocabulary Key Terms Actual cause Ecclesiastical courts Positive law Actus reus Federalism Precedent Administrative law Felony Preponderance of the evidence Attendant circumstances General intent Procedural law Beyond a reasonable doubt Gross misdemeanor Property crime Burden of proof Injunctive relief Proximate cause But-for test Intervening cause Punitive damage Canon law Jurisdiction Recklessness Capital felony Kings courts Republic Case law Law courts Social contract theory Civil law Least restrictive mechanism Specific intent Code of Hammurabi Legal cause Stare decisis Common law Lesser included offense Statutory law Compensatory damage Mala in se Strict liability Constitutional law Mala prohibita Substantial factor test Constructive intent Mens rea Substantive law Corpus delicti Misdemeanor Tort Courts of equity Misprision of felony Tortfeasor Crime Natural law Transferred intent Criminal law Negligence Uniform Crime Reports Culpable Nulla poena sine lege Violation Declaratory relief Ordinance Violent crime Democracy Ordinary misdemeanor Wobblers Deviance Petty misdemeanor Introduction This chapter explores and describes the founda- tions of American criminal law. While progressing From the genesis of time, human beings have sought through its content, readers are informed of the to establish guidelines to govern human behavior. In extent to which serious crime occurs in America. ancient civilizations, rules were derived from morals, Readers will also develop an appreciation for the customs, and norms existing within society. Thus, in Republic form of government used in this nation most societies, modern laws evolved from a loose and how social contract theory guides the construc- set of guidelines into a formal system of written tion of criminal law. -
COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border by Blaine H
COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border By Blaine H. Evanson, Daniel R. Adler, and William F. Cole June 19, 2020 The coronavirus is not in your phone. Why travelers’ electronic devices without a warrant should it be used to justify border searches? supported by probable cause, or even without reasonablesuspicion that the traveler has been For the last four years, the U.S. border has exposed to COVID-19 or has violated related been a flashpoint for bitter public policy public health measures. disputes over immigration, the character of the country’s sovereignty, and the nature Such a breathtaking claim of unbounded and extent of constitutionally guaranteed investigatory authority would hardly be civil liberties. Many of these border- unprecedented for CBP. To the contrary, related disputes have receded from public it would be of a piece with CBP’s policy of consciousness as a result of 2020’s trifecta conducting suspicionless searches of electronic Blaine H. Evanson Partner of a presidential impeachment, a global devices—CBP already conducts tens of health pandemic, and racial tension over thousands of such searches every year. And policing. Yet as the country begins to emerge CBP would not be the only law enforcement from COVID-19 lockdowns, America’s agency to sift through digital data in an effort international borders are likely to resurface to trace the spread of COVID-19. State and as a key battleground for civil libertarians local law enforcement authorities have been and law enforcement officials. The cause? trawling through social media posts to arrest The “border search exception,” a little- travelers for violations of social distancing known loophole to the Fourth Amendment’s orders. -
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2011 No. 09-41064 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. THOMAS GORE, Defendant–Appellant. Appeal from the United States District Court for the Eastern District of Texas Before HIGGINBOTHAM, CLEMENT, and OWEN, Circuit Judges. PRISCILLA R. OWEN, Circuit Judge: In this direct appeal Thomas Gore contends that his prior Texas conviction for conspiracy to commit aggravated robbery is not a violent felony within the meaning of the Armed Career Criminal Act (ACCA)1 and that the district court erred in sentencing him as a career offender. We affirm. I Gore pled guilty to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. § 922(g). The presentence report recommended that the 1 18 U.S.C. § 924(e). Case: 09-41064 Document: 00511425053 Page: 2 Date Filed: 03/25/2011 No. 09-41064 district court sentence Gore as a career offender pursuant to the ACCA based on Gore’s three prior state convictions, two for serious drug offenses and the other for conspiracy to commit aggravated robbery. Gore objected to the presentence report, arguing that conspiracy to commit aggravated robbery is not a violent felony under the ACCA and that he therefore should be sentenced within a Guidelines range of 33-41 months of imprisonment. The district court overruled the objection and sentenced Gore to 180 months of imprisonment. -
GUIDE for ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, and SENTENCING STAGES (Guide 1 of 3)
Guide for Families Experiencing the Criminal Justice System GUIDE FOR ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, AND SENTENCING STAGES (Guide 1 of 3) HTTP://WWW.YOUTH.GOV/COIP Families have unique needs and challenges when a parent is arrested. When this happens, family FAMILIES WILL TALK TO MANY members—including the children—are affected. PEOPLE DURING THESE FOUR This guide is the first in a series of three guides STAGES: that cover a family’s journey as the family goes through the stages of, and copes with, a loved • Lawyer or public defender one’s involvement in the justice system. • Judge and court personnel This guide covers the first four stages in the • Probation officer typical criminal justice process, and the other • Law enforcement two guides cover incarceration and reentry: • Jail or detention facility staff • Arrest (entry into the system) • Jail or detention case worker • Jail Time/Detention (prosecution • Child welfare (in some cases) and pretrial services) • Hearing/Trial (adjudication) Families can use the worksheet on the last page of this guide to keep track of • Sentencing (before incarceration) important names, phone numbers, and • Incarceration (Guide 2) e-mail addresses. • Reentry (Guide 3) This guide starts with descriptions and definitions guide. The questions are designed to help of the stages to help families understand the families and caregivers anticipate and respond to legal terms and processes. Having a better thoughts and concerns their children may have. understanding may help families feel less The tips offer suggestions to help caregivers overwhelmed. It may also help families know support and care for the children of parents who what to expect and what will happen next. -
Factsheet: Pre-Trial Detention
Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial not a sanction, but a measure to safeguard a criminal detention should be the exception rather than the procedure. rule. At any one time, an estimated 3.2 million people are Pre-trial detention is only legitimate where there is a behind bars awaiting trial, accounting for 30 per cent reasonable suspicion of the person having committed of the total prison population worldwide. They are the offence, and where detention is necessary and legally presumed innocent until proven guilty but may proportionate to prevent them from absconding, be held in conditions that are worse than those for committing another offence, or interfering with the convicted prisoners and sometimes for years on end. course of justice during pending procedures. This means that pre-trial detention is not legitimate where Pre-trial detention undermines the chance of a fair these objectives can be achieved through other, less trial and the presumption of innocence. -
Crime Prevention Division, Portland Police Bureau FACT and FICTION About Crime in Oregon August, 1979
If you have. \ issues viewing or accessing this file contact us at NCJRS.gov. - -• / FACT AriD FICTION ABOUTCAIME IN OREGON '( \ PAI:PAAED BY TI1E OREGON LAW EnFORCEMErtT COUrtCIL • ------ - -- - ----- Cover design by Steve Minnick, Graphics Illustrator Crime Prevention Division, Portland Police Bureau FACT AND FICTION About Crime in Oregon August, 1979 Victor R. Atiyeh Governor "lames Brown Keith A. Stubblefield Chairman Administrator This study was supported in part by grants from the Law Enforcement Assistance Administration of the U.S. Department of Justice and the Mid-Willamette Valley Manpower Consortium. Point~ of view or opinions stated are those of the author and do not necessarily represent the official position of the U.S. Department of Justice. ---------- ------- ACKNOWLEDGEMENTS The authors of this report are: Annie Monk Pamela Erickson Gervais Administrative Assistant and Planning and Data Analysis P1annlng and Data Analysis Unit Unit Supervisor Sincere appreciation is extended to all those whose valuable suggestions and information contributed greatly to this publication: Bob Watson, Administrator - Oregon Corrections Division Steve Cleveland, Chief Planner - Mid Wi11amette Valley COG Bill Cogswell, Chairman and Ira Blalock, Member - State Board of Parole Craig Van and Marcelle Robinson - Hillcrest School of Oregon Jeff Barnes, Director - Regional Automated Information Network Chuck Foster, Inst'~uctor - Chemeketa Conmunity College Jerry Winter, Deputy Administr'ator - Trial Court Services Cal Steward, School Liaison - Salem Police Department Lt. Tom Potter, Crime Prevention Division - Portland Police Bureau Wendy Gordon, Host/Producer - Mid-Morning, KOIN-TV Lt. Penny Orazettl, Planning & Research - Portland Police Bureau Chief Ro11ie Pean - Coos Bay Police Department Judge Irving Steinbock - Multnomah County Circuit Court Chief Jim Jones - Ontario Police Department Sheriff Jim Heenan - Marion County Sheriff's Office Karel Hyer, Academy Programs Chief - Board on Police Standards and Training Benjamin H. -
Hunters and the Hunted: Rights and Liabilities of Bailbondsmen Michael Goldstein
Fordham Urban Law Journal Volume 6 | Number 2 Article 6 1978 Hunters and the Hunted: Rights and Liabilities of Bailbondsmen Michael Goldstein Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Accounting Law Commons Recommended Citation Michael Goldstein, Hunters and the Hunted: Rights and Liabilities of Bailbondsmen, 6 Fordham Urb. L.J. 333 (1978). Available at: https://ir.lawnet.fordham.edu/ulj/vol6/iss2/6 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE HUNTERS AND THE HUNTED: RIGHTS AND LIABILITIES OF BAILBONDSMEN I. Introduction For over 150 years bailbondsmen have had the right to arrest their principals' whenever and wherever they chose, and to recommit them to government custody in order to avoid forfeiture of their bond.2 This right was upheld when a bailbondsman forcibly entered his principal's home in the middle of the night,3 when the bondsman pursued his principal beyond state lines4 and even when the bonds- man used physical force in the act of apprehension.5 This Note will examine the development of this extrajudicial power to make arrests, the manner in which it is handled in the 1. Read v. Case, 4 Conn. 166 (1822); Nicolls v. Ingersoll, 7 Johns. (N.Y.) 145 (1810). 2. In this area of the law, the principal is the party who has been arrested and is seeking release from prison pending his scheduled court appearance. -
Bail Bond Division
OMCCA Bail Bonds Oklahoma Insurance Department May 17, 2016 1 Bail Bondsman License Requirements • At least Twenty-One (21) years of age • US Citizen • High School diploma or equivalent • Good character and reputation • No felony or certain misdemeanor convictions 2 Bail Bondsman Education Requirements • Pre-Licensing Education – 16 hours • Continuing Education – 8 hours annually • The Oklahoma Bondsman Association provides the PLE and CE 3 Lines of Authority (LoA) • 578 licensed bail bondsmen • Cash (83) • Professional (60) • Property Bail (2) • Surety Bail (549) • Multi-County Agent (25) As of 04-05-2016 4 Reporting Requirements • Bail bondsmen are required to electronically submit a report each month • Reports include appearance bonds written and discharged for reporting month • Bail bondsmen pay a reviewal fee to Department which is $2.00 per every $1,000 in appearance bonds written 5 2015 • Professional & MCA bail bondsmen appearance bonds written = $365,209,998.92 • Insurance companies appearance bonds written = $152,949,604.70 • Cash appearance bonds written = $1,088,721.74 • Property appearance bonds written = $120,000.00 6 Bail Bond Division Staff - • Communicate with bail bondsmen, court clerks, sheriffs, judges, and the public providing assistance and education concerning bail bonds • Review approximately 630 reports each month for accuracy • Review Court Clerk reports to ensure bail bondsmen report all appearance bonds 7 Bail Bond Division Staff - • Review and process approximately 65 new licenses each year and 369 license renewals in 2015 (biennially per birth month) • Recommend statute and rule changes to Department’s legislative staff • Testify at administrative hearings • Investigate complaints against bail bondsmen 8 Types of Complaints • BBF – Notice of Non Payment of Bond Forfeitures received from Court Clerks • BBI – Complaints from Consumers, Court Clerks, Sheriffs, & bail bondsmen • BBD – Bail Bond Division referrals to Legal Division 9 Complaints & Disciplinary Actions • Non Payment of Forfeiture notice (BBF). -
The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations
Florida State University Law Review Volume 34 Issue 2 Article 10 2007 International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations Maureen Walterbach [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations, 34 Fla. St. U. L. Rev. (2007) . https://ir.law.fsu.edu/lr/vol34/iss2/10 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS' INVOLVMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS Maureen Walterbach VOLUME 34 WINTER 2007 NUMBER 2 Recommended citation: Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvment in Intellectual Property Rights Violations, 34 FLA. ST. U. L. REV. 591 (2007). INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS’ INVOLVEMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS MAUREEN WALTERBACH* I. THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS -
The Paradox of Declining Property Crime Despite Increasing Identity Theft Crime
The Paradox of Declining Property Crime Despite Increasing Identity Theft Crime: Identity Theft Resource Center Offers Additional Insight on Recently Released Bureau of Justice Statistics Report on Identity Theft The Bureau of Justice Statistics (BJS) recently released the Victims of Identity Theft, 2012 report using data from the 2012 Identity Theft Supplement to the National Crime Victimization Survey. While the numbers are alarming, they do not come as a surprise to those of us who are active in this field. The Identity Theft Resource Center (ITRC) has assisted tens of thousands of victims since its formation in 1999, and is accustomed to seeing the number of identity theft incidents increase by millions over the years. The ITRC call center receives calls daily from identity theft victims telling us how identity theft has affected their lives and how desperate they are for assistance in resolving the issue. The BJS report raises interesting questions about the following issues: • how to measure this crime in relation to the overall crime rate, • how to continue to combat the issue, • what tools to give consumers now, and • what the future of this issue will look like. The annual Crime in the United States report issued by the FBI indicates that property crime rates have continued to decrease over the last decade, which appears to directly contradict the BJS report findings. The BJS report gives us a snapshot of the state of identity theft in the U.S., illustrating the encouraging positive trends as a result of our united effort and the negative trends that demonstrate the need for more outreach and tools to fight this epidemic. -
Pre-Trial Detention Addressing Risk Factors to Prevent Torture and Ill-Treatment
Detention Monitoring Tool Second edition FACTSHEET Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial detention not a sanction, but a measure to safeguard a criminal should be the exception rather than the rule. procedure. Pre-trial detention is only legitimate where there is a At any one time, an estimated 3.2 million people are reasonable suspicion of the person having committed behind bars awaiting trial, accounting for 30 per cent of the offence, and where detention is necessary and the total prison population worldwide. In some countries, proportionate to prevent them from absconding, pre-trial detainees reportedly constitute the majority of committing another offence, or interfering with the course the prison population, and in some settings even over of justice during pending procedures. This means that 90 per cent of detainees.2 They are legally presumed pre-trial detention is not legitimate where these objectives innocent until proven guilty but may be held in conditions can be achieved through other, less intrusive measures.