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INVESTIGATIVE REPORT Lori Torres, Inspector General
INVESTIGATIVE REPORT Lori Torres, Inspector General OFFICE: INDIANA BUREAU OF MOTOR VEHICLES TITLE: FORGERY; PERJURY; THEFT CASE ID: 2017-12-0293 DATE: August 30, 2018 Inspector General Staff Attorney Kelly Elliott, after an investigation by Special Agent Mark Mitchell, reports as follows: The Indiana General Assembly charged the Office of Inspector General (OIG) with addressing fraud, waste, abuse, and wrongdoing in the executive branch of state government. IC 4-2-7-2(b). The OIG also investigates criminal activity and ethics violations by state workers. IC 4-2-7-3. The OIG may recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, waste, abuse, mismanagement, and misconduct in state government. IC 4-2- 7-3(2). On March 23, 2017, the OIG received a complaint from the Indiana Bureau of Motor Vehicles (BMV) that alleged a former BMV employee, Richard Pringle, submitted false information to the BMV on personal certificate of title applications. OIG Special Agent Mark Mitchell conducted an investigation into this matter. Through the course of his investigation, Special Agent Mitchell interviewed Pringle and reviewed documentation received from BMV, including their internal investigation report on this matter. According to BMV’s investigative report of the allegations against Pringle, BMV found that Pringle submitted an application for a 1997 GMC Yukon in October 2016 that listed a sale price 1 that was different from the price the seller of the vehicle stated they sold it. At the conclusion of their investigation, BMV terminated Pringle’s employment in or around March 2017. Special Agent Mitchell reviewed the BMV certificate of title application for the 1997 GMC Yukon. -
WALKER V. GEORGIA
Cite as: 555 U. S. ____ (2008) 1 THOMAS, J., concurring SUPREME COURT OF THE UNITED STATES ARTEMUS RICK WALKER v. GEORGIA ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF GEORGIA No. 08–5385. Decided October 20, 2008 JUSTICE THOMAS, concurring in the denial of the peti- tion of certiorari. Petitioner brutally murdered Lynwood Ray Gresham, and was sentenced to death for his crime. JUSTICE STEVENS objects to the proportionality review undertaken by the Georgia Supreme Court on direct review of peti- tioner’s capital sentence. The Georgia Supreme Court, however, afforded petitioner’s sentence precisely the same proportionality review endorsed by this Court in McCleskey v. Kemp, 481 U. S. 279 (1987); Pulley v. Harris, 465 U. S. 37 (1984); Zant v. Stephens, 462 U. S. 862 (1983); and Gregg v. Georgia, 428 U. S. 153 (1976), and described in Pulley as a “safeguard against arbitrary or capricious sentencing” additional to that which is constitu- tionally required, Pulley, supra, at 45. Because the Geor- gia Supreme Court made no error in applying its statuto- rily required proportionality review in this case, I concur in the denial of certiorari. In May 1999, petitioner recruited Gary Lee Griffin to help him “rob and kill a rich white man” and “take the money, take the jewels.” Pet. for Cert. 5 (internal quota- tion marks omitted); 282 Ga. 774, 774–775, 653 S. E. 2d 439, 443, (2007). Petitioner and Griffin packed two bicy- cles in a borrowed car, dressed in black, and took a knife and stun gun to Gresham’s house. -
Competing Theories of Blackmail: an Empirical Research Critique of Criminal Law Theory
Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory Paul H. Robinson,* Michael T. Cahill** & Daniel M. Bartels*** The crime of blackmail has risen to national media attention because of the David Letterman case, but this wonderfully curious offense has long been the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich liter- ature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any evidence to support the assertions. This Article summarizes the results of an empirical study designed to test the competing theories of blackmail to see which best accords with pre- vailing sentiment. Using a variety of scenarios designed to isolate and test the various criteria different theorists have put forth as “the” key to blackmail, this study reveals which (if any) of the various theories of blackmail proposed to date truly reflects laypeople’s moral judgment. Blackmail is not only a common subject of scholarly theorizing but also a common object of criminal prohibition. Every American jurisdiction criminalizes blackmail, although there is considerable variation in its formulation. The Article reviews the American statutes and describes the three general approaches these provisions reflect. -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Police Perjury: a Factorial Survey
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Police Perjury: A Factorial Survey Author(s): Michael Oliver Foley Document No.: 181241 Date Received: 04/14/2000 Award Number: 98-IJ-CX-0032 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. FINAL-FINAL TO NCJRS Police Perjury: A Factorial Survey h4ichael Oliver Foley A dissertation submitted to the Graduate Faculty in Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. The City University of New York. 2000 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. I... I... , ii 02000 Michael Oliver Foley All Rights Reserved This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
Vicarious Liability
STATE OF FLORIDA TRANSPORTATION COMPENDIUM OF LAW Kurt M. Spengler Wicker, Smith, O’Hara, McCoy & Ford, P.A. 390 N. Orange Ave., Suite 1000 Orlando, FL 32802 Tel: (407) 843‐3939 Email: [email protected] www.wickersmith.com Christopher Barkas Carr Allison 305 S. Gadsden Street Tallahassee, FL 32301 Tel: (850) 222‐2107 Email: [email protected] L. Johnson Sarber III Marks Gray, P.A. 1200 Riverplace Boulevard, Suite 800 Jacksonville, FL 32207 Tel: (904) 398‐0900 Email: [email protected] www.marksgray.com A. Elements of Proof for the Derivative Negligence Claims of Negligent Entrustment, Hiring/Retention and Supervision 1. Respondeat Superior a. What are the elements necessary to establish liability under a theory of Respondeat Superior? Under Florida law, an employer is only vicariously liable for an employee's acts if the employee was acting to further the employer's interest through the scope of the employee’s employment at the time of the incident. An employee acts within the scope of his employment only if (1) his act is of the kind he is required to perform, (2) it occurs substantially within the time and space limits of employment, and (3) is activated at least in part by a purpose to serve the master. Kane Furniture Corp. v. Miranda, 506 So.2d 1061 (Fla. 2d DCA 1987). Additionally, once an employee deviates from the scope of his employment, he may return to that employment only by doing something which meaningfully benefits his employer's interests. Borrough’s Corp. v. American Druggists’ Insur. Co., 450 So.2d 540 (Fla. -
Group “A” Offenses Group “B” Offenses
Group “A” Offenses Group “B” Offenses Group B’s MUST have an arrest to be NIBRS Reportable NIBRS NIBRS NIBRS OFFENSES CODES NIBRS OFFENSES CODES NIBRS NIBRS Arson 200 Human Trafficking NIBRS OFFENSES CODES NIBRS OFFENSES CODES -Commercial Sex Acts 64A Assault Offenses -Involuntary Servitude 64B Bad Checks 90A Family Offenses, Non- 90F -Aggravated Assault 13A Violent -Simple Assault 13B Kidnapping/Abduction 100 -Intimidation 13C Curfew/Loitering/Vagrancy 90B Liquor Law Violations 90G Larceny/Theft Offenses Violations Bribery 510 -Pocket Picking 23A -Purse Snatching 23B Disorderly Conduct 90C Peeping Tom 90H Burglary/B&E 220 -Shoplifting 23C -Theft from Building 23D Driving Under the Influence 90D Trespassing 90J Counterfeiting/Forgery 250 -Theft from Coin-Operated Machine 23E or Device Drunkenness 90E All Other Offenses 90Z -Theft from Motor Vehicle 23F Destruction/Damage/Vandalism of 290 -Theft of Motor Vehicle Parts or 23G Property Accessories Source: Association of State Uniform Crime Reporting Programs (ASUCRP). Accessed on June 6, 2014. -All Other Larceny 23H Drug/Narcotic Offenses -Drug/Narcotic Violations 35A Motor Vehicle Theft 240 -Drug/Narcotic Equip. Violations 35B Pornography/Obscene Material 370 Embezzlement 270 Prostitution Offenses Extortion/Blackmail 210 -Prostitution 40A -Assisting or Promoting Prostitution 40B Fraud Offenses -Purchasing Prostitution 40C -False Pretenses/Swindle/ Confidence 26A Games -Credit Card/Automatic Teller Machine 26B Robbery 120 Fraud -Impersonation 26C -Welfare Fraud 26D Sex Offenses (Forcible) -Wire Fraud 26E -Forcible Rape 11A -Forcible Sodomy 11B -Sexual Assault with An Object 11C Gambling Offenses -Forcible Fondling 11D -Betting/Wagering 39A Sex Offenses (Non-Forcible) -Operating/Promoting/ Assisting 39B -Incest 36A Gambling -Gambling Equip. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Robbery Victimization
What are the facts ■ Fifteen percent of all persons arrested in 1999 for robbery were under age 18. (Crime about robbery? in the United States 1999. Washington, DC: Federal Bureau of Investigation, 2000) ■ In 1999, one robbery occurred every minute in the United ■ During 1999, the average value of property States. (Crime in the United States loss for a single robbery was $1,131, reflect- 1999. Washington, DC: Federal Bureau of ing a 15-percent increase from the 1998 Investigation, 2000) figure. (Crime in the United States 1999. Washington, DC: Federal Bureau of Investi- ■ The national loss due to robberies was an gation, 2000) estimated $463 million in 1999. According to the Federal Bureau of Investigation, how- ever, the impact of this violent crime on its victims cannot be measured in terms of mon- Resources for Information Robbery etary loss alone. (Crime in the United States and Assistance 1999. Washington, DC: Federal Bureau of Investigation, 2000) National Center for Victims of Crime Victimization 1–800–FYI–CALL or 1–800–394–2255 ■ In 1999, 40 percent of all robberies were www.ncvc.org committed with firearms. (Crime in the United States 1999. Washington, DC: National Organization for Victim Assistance Federal Bureau of Investigation, 2000) 1–800–TRY–NOVA or 1–800–879–6682 www.try-nova.org ■ In 1999, 74 percent of male victims of rob- bery and 42 percent of female victims of rob- Office for Victims of Crime Resource Center bery stated that the robber was a stranger. 1–800–627–6872 (Criminal Victimization in the United States TTY 1–877–712–9279 1999. -
RECANTATIONS and the PERJURY SWORD Russell D
861 COVEY PRODUCTION (DO NOT DELETE) 12/8/2016 1:32 PM RECANTATIONS AND THE PERJURY SWORD Russell D. Covey* Witness recantations pose a special problem in criminal law. Often, trial witnesses come forward, sometimes years after a criminal trial, and admit or allege that the incriminating testimony they gave at trial, and which contributed to the conviction of the defendant at that trial, was false or mistaken.1 Convicted inmates submit such recantations as new evidence of actual innocence to courts in hopes of winning their release or at least a new trial.2 Courts, however, are notoriously skeptical of recantation evidence, in part because of finality concerns, but also in part because judges tend to treat such statements as less reliable than the original, in- court testimony that was previously given.3 But here, courts have it exactly backward, largely because they misunderstand or underappreciate the extent to which the prosecutorial perjury sword places recanting witnesses in a legal dilemma. How many people, after all, are willing to admit publically that they erred or lied in the past and thereby risk a criminal perjury conviction and possible prison sentence simply to benefit some other person, possibly a complete stranger? In those relatively rare instances in which a witness does willingly recant * Professor of Law, Georgia State University College of Law. 1 See, e.g., Dobbert v. Wainwright, 468 U.S. 1231, 1232 (1984) (Brennan, J., dissenting) (demonstrating that witnesses sometimes recant testimony up to several years after a conviction); see Peter M. Agulnick, In Search of Truth: A Case for Expanding Perjury’s Recantation Defense, 100 W. -
Vicarious Liability Under Criminal Law in India
International Journal of Law and Legal Jurisprudence Studies :ISSN:2348-8212:Volume 3 Issue 3 213 VICARIOUS LIABILITY UNDER CRIMINAL LAW IN INDIA Ashwini Priya B.B.A.L.L.B, Chanakya National Law University, Patna, India [email protected] Abstract Vicarious liability is a form of a strict, secondary liability that arises under the common law. This paper discusses the doctrine of Vicarious Liability under Indian criminal law. Vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. Under this doctrine individuals can be made vicariously liable for a criminal act of others even if they merely helped to further the crime in some way example aiding and abetting criminal activities. This often occurs in the context of civil law. In a criminal context, vicarious liability assigns guilt, or criminal liability, to a person for wrongful acts committed by someone else. This doctrine is considered to be fundamentally flawed under criminal law because it is based on “respondent superior” principles that are concerned with distributing loss caused by tortious act. The paper mainly focuses on the vicarious liability of the state in criminal offences, and also of corporations. Keywords-criminal law, intention, responsibility, vicarious liability Introduction Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency ; respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party .1 Vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. -
CH 48 Theft and Other Property Offenses
THEFT AND OTHER PROPERTY OFFENSES ....................................... 1 §48-1 Generally .................................................................................................................. 1 §48-2 Receiving Stolen Property ................................................................................. 11 §48-3 Value of Property ................................................................................................. 12 §48-4 Ownership of Property ....................................................................................... 14 §48-5 Inference From Possession of Recently Stolen Property ........................... 16 §48-6 Deceptive Practices ............................................................................................. 18 §48-7 Enhancement of Misdemeanor to Felony ....................................................... 21 §48-8 Retail Theft ............................................................................................................ 23 i THEFT AND OTHER PROPERTY OFFENSES §48-1 Generally Illinois Supreme Court People v. Bochenek, 2021 IL 125889 Defendant was convicted of identity theft based on the unauthorized use of another person’s credit card information to purchase cigarettes. The underlying transaction occurred at a gas station in Lake County, but defendant was charged in DuPage County under a provision in the venue statute which allows for the charge to be brought in the county where the victim resides. 720 ILCS 5/1-6(t)(3). Defendant argued that section 1-6(t)(3)