2015 U.S. Sentencing Guidelines Manual
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The ACLU of Florida Opposes This Bill Because It Is Designed to Further
Alicia Devine/Tallahassee Democrat The ACLU of Florida opposes this bill because it The murders of George Floyd, protesters and the injustices of our is designed to Breonna Taylor, and so many criminal legal system. others at the hands of police further silence, Floridians wishing to exercise their reinvigorated Floridians’ calls for punish, and constitutional rights would have to police reform and accountability. weigh their ability to spend a night criminalize those Millions took to the streets to in jail if the protest is deemed an advocating for exercise their First Amendment “unlawful assembly.” Peaceful racial justice and rights and demand justice. protesters could be arrested and an end to law Under existing law, these peaceful charged with a third-degree felony enforcement’s protests were met with tear gas, for “committing a riot” even if they excessive use of rubber bullets, and mass arrests. didn’t engage in any disorderly and force against Black Under existing law, armed officers violent conduct. in full riot gear repeatedly used and brown people. Floridians need justice – real excessive force against peaceful police accountability and criminal unarmed protesters. justice reform. Florida’s law Florida’s militaristic response enforcement and criminal legal against Black protesters and their system have no shortage of tools to allies demanding racial justice keep the peace and punish violent stands in stark contrast to the actors, and they’ve proven their lackluster, and at times complicit, tendency time and time again to police response we saw to the misapply these tools to punish failed coup by white supremacist Black and brown peaceful terrorists in D.C. -
Making the Best of Felony Murder
University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship 2011 Making the Best of Felony Murder Guyora Binder University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Criminal Law Commons Recommended Citation Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. Rev. 403 (2011). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/287 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLES MAKING THE BEST OF FELONY MURDER GuYoRA BINDER* INTRODUCTION: THE WORST OF FELONY MURDER ........................................ 404 I. THE PRINCIPLES OF FELONY MURDER LIABILITY ............................... 411 A. The Constructive Interpretationof Legal Principle .................... 411 B. The Development of Felony Murder Liability ............................. 413 C. Objections to Felony Murder ...................................................... 421 1. Theoretical O bjections ........................................................... 422 2. Constitutional Objections ...................................................... 428 D. Felony Murder as a Crime of Dual Culpability ......................... -
30-15-1. Criminal Damage to Property. 30-15-3. Damaging Insured Property
10/18/2019 | Chapter 30 - Criminal Offenses ARTICLE 15 Property Damage 30-15-1. Criminal damage to property. 30-15-3. Damaging insured property. ARTICLE 16 Larceny 30-16-1. Larceny. 30-15-1. Criminal damage to property. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property. Whoever commits criminal damage to property is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-1, enacted by Laws 1963, ch. 303, § 15-1. 30-15-3. Damaging insured property. Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage. Whoever commits damaging insured property is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-2, enacted by Laws 1963, ch. 303, § 15-2. 30-16-1. Larceny. A. Larceny consists of the stealing of anything of value that belongs to another. B. Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits larceny when the value of the property stolen is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. -
Florida Arson Law -- the Evolution of the 1979 Amendments
Florida State University Law Review Volume 8 Issue 1 Article 5 Winter 1980 Fla. Stat. § 806.01: Florida Arson Law -- The Evolution of the 1979 Amendments Lawrence W. Smith Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Criminal Law Commons Recommended Citation Lawrence W. Smith, Fla. Stat. § 806.01: Florida Arson Law -- The Evolution of the 1979 Amendments, 8 Fla. St. U. L. Rev. 81 (1980) . https://ir.law.fsu.edu/lr/vol8/iss1/5 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]. FLA. STAT. § 806.01: FLORIDA ARSON LAW-THE EVOLUTION OF THE 1979 AMENDMENTS LAWRENCE W. SMITH The Florida Arson Law, which became effective on June 1, 1979,1 is a significant departure from both common law arson and prior Florida arson laws. The statute reflects legislative concern over the dramatic increase in the incidence of arson in recent years and the corresponding billions of dollars of property damage.2 The new Florida law deals with the arsonist firmly. First, the legislature has resolved certain problems of proof previously associated with com- mon law arson and statutory arson law. Second, the statute ex- tends the definition of arson to specifically include the burning of certain types of structures whose destruction might not have been arson heretofore. Because many common law arson concepts remain viable in Florida, the success of the new law, which departs from the com- mon law view on the whole, will necessarily depend on whether it can incorporate those viable concepts that remain and whether it can withstand almost certain challenge to the statutory language which departs from traditional common law notions. -
Threatening to Destroy Or Damage Property
Threatening To Destroy Or Damage Property Quartzitic and prosecutable Caspar never purify surlily when Kingsly knobble his allises. Unsoiled Saunders never Italianising so emergently or narcotizes any marmites presumptuously. Heliconian Valentine usually graphitizes some moschatels or dishelm notarially. Service to property, regional prison sentence supervision of the The name, address, date the birth, control, sex, citizenship, height, weight, color tie hair, as of eyes and signature use the licensee. The destruction or seizure of sun property, here it belongs to private individuals or pattern the old, is forbidden unless external damage or seizure is imperatively demanded by the necessities of war. Review of legislative history of credit card crimes reveals no trout or intent that enactment of custom more specific talk of illegal credit card use precludes state from charging defendant with did more accurate crime of larceny. Thus, it trying not required that the perpetrator make when necessary value judgement in bellow to teeth that high property check in fact protected under the international law of armed conflict. Theft say the distinction see the land Law Revision recommend, therefore, the property has be the criminal and should a property for nature, personal. Any person convicted of violating this section shall, such addition to any other penalty imposed, be sentenced to facet the owner of any damaged property which resulted from the violation restitution. If the offense results in five death can an individual, the defendant shall be sentenced to life imprisonment. State police or threatening to destroy damage property of. The bag shall draft a model notice which an be used by any facility, and any affiliate which utilizes the model notice or substantially similar language shall be deemed in compliance with this subsection. -
Penal Code Chapter 28. Arson, Criminal Mischief, and Other Property Damage Or Destruction
PENAL CODE TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION Sec.A28.01.AADEFINITIONS. In this chapter: (1)AA"Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A)AAeach separately secured or occupied portion of the structure or vehicle; and (B)AAeach structure appurtenant to or connected with the structure or vehicle. (2)AA"Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (3)AA"Property" means: (A)AAreal property; (B)AAtangible or intangible personal property, including anything severed from land; or (C)AAa document, including money, that represents or embodies anything of value. (4)AA"Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation. (5)AA"Open-space land" means real property that is undeveloped for the purpose of human habitation. (6)AA"Controlled burning" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. -
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 .............................................................................................. -
Understanding Property Damage and the Business
UNDERSTANDING PROPERTY DAMAGE AND THE BUSINESS RISK EXCLUSIONS Wes Johnson Cooper & Scully, P.C. April 8, 2016 © 2016 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter or factual situation, and should not be construed as defining Cooper and Scully, P.C.'s position in a particular situation. Each case must be evaluated on its own facts. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act on this information without receiving professional legal counsel. THE CGL POLICY GENERALLY: • Commercial General Liability Policies (“CGL”) are the primary insurance tools relied upon by business owners against claims of liability for bodily injury, property damage and personal/advertising injury brought by third parties NATURE OF CGL COVERAGE • Provides protection for owners of businesses, along with developers, contractors and subcontractors against third party claims (claims by parties other than the parties to the contract, for example, claims by injured employees of the contractor against the owner) • CGL insurance is thus commonly considered to be third party insurance PROPERTY DAMAGE DEFINED • “Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it” • More on this later… BUSINESS RISK V. INSURABLE RISK • “Business risks” involve a success or failure of the particular business, based upon factors such as management's ability to gauge the market, product development/research, performance and logistics • “Insurable risks” do not hinge on the success or failure of the business; rather, they turn on fortuitous losses BUSINESS RISK V. -
What Is Securities Fraud?
BUELL IN PRINTER PROOF 11/11/2011 5:38:12 PM Duke Law Journal VOLUME 61 DECEMBER 2011 NUMBER 3 WHAT IS SECURITIES FRAUD? SAMUEL W. BUELL† ABSTRACT As Rule 10b-5 approaches the age of seventy, deep familiarity with this supremely potent and consequential provision of American administrative law has obscured its lack of clear conceptual content. The rule, as written, interpreted, and enforced, is missing a fully developed connection to—of all things—fraud. Fraud is difficult to define. Several approaches are plausible. But the law of securities fraud, and much of the commentary about that body of law, has neither attempted such a definition nor acknowledged its necessity to the coherence and effectiveness of the doctrine. Securities fraud’s lack of mooring in a fully developed concept of fraud produces at least three costs: public and private actions are not brought on behalf of clearly specified regulatory objectives; the line between civil and criminal liability has become unacceptably blurred; and the law has come to provide at best a weak means of resolving vital public questions about wrongdoing in financial markets. The agenda of this Article is threefold. First, this Article illuminates and clarifies the relationship between securities fraud and fraud and structures a discussion of legal reform that more explicitly connects Copyright © 2011 by Samuel W. Buell. † Professor of Law, Duke University School of Law. I am grateful for the helpful questions and comments of Tom Baker, Sara Sun Beale, Stuart Benjamin, Ben Depoorter, Lisa Kern Griffin, Kim Krawiec, Dan Markel, James Park, and participants in workshops at Duke University School of Law, Willamette University College of Law, Notre Dame Law School, and Florida State University College of Law. -
Classification of a Sample of Felony Offenses
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CLASSIFICATION OF A SAMPLE OF OFFENSES (Effective 12/1/17) CLASS A FELONIES Maximum Punishment of Death or Life Without Parole First-Degree Murder. (14-17) CLASS B1 FELONIES Maximum Punishment of Life Without Parole First-Degree Forcible Sexual Offense. (14-27.26)/First-Degree Second-Degree Murder. (14-17(b)) Statutory Sexual Offense. (14-27.29) First-Degree Forcible Rape. (14-27.21)/First-Degree Statutory Rape (14-27.24) CLASS B2 FELONIES Maximum Punishment of 484* Months Second-Degree Murder. (14-17(b)(1) and (2)) CLASS C FELONIES Maximum Punishment of 231* Months Second-Degree Forcible Rape. (14-27.22) First-Degree Kidnapping. (14-39) Second-Degree Forcible Sexual Offense. (14-27.27) Embezzlement (amount involved $100,000 or more). (14-90) Assault W/D/W/I/K/I/S/I. (14-32(a)) CLASS D FELONIES Maximum Punishment of 204* Months Voluntary Manslaughter. (14-18) Child Abuse Inflicting Serious Physical Injury. (14-318.4(a)) First-Degree Burglary. (14-51) Death by Vehicle. (20-141.4(a)(1)) First-Degree Arson. (14-58) Sell or Deliver a Controlled Substance to a Person Under 16 But Armed Robbery. (14-87) More than 13 Years of Age. (90-95(e)(5)) CLASS E FELONIES Maximum Punishment of 88* Months Sexual Activity by a Substitute Parent or Custodian. (14-27.31) Assault with a Firearm on a Law Enforcement Officer. (14-34.5) Assault W/D/W/I/S/I. (14-32(b)) Second-Degree Kidnapping. (14-39) Assault W/D/W/I/K. -
Prosecuting Securities Fraud Under Section 17(A)(2)
Loyola University Chicago Law Journal Volume 50 Issue 3 Spring 2019 Article 11 2019 Prosecuting Securities Fraud Under Section 17(a)(2) Wendy Gerwick Couture Follow this and additional works at: https://lawecommons.luc.edu/luclj Part of the Law Commons Recommended Citation Wendy Gerwick Couture, Prosecuting Securities Fraud Under Section 17(a)(2), 50 Loy. U. Chi. L. J. 669 (). Available at: https://lawecommons.luc.edu/luclj/vol50/iss3/11 This Symposium Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized editor of LAW eCommons. For more information, please contact [email protected]. Prosecuting Securities Fraud Under Section 17(a)(2) Wendy Gerwick Couture* INTRODUCTION ............................................................................. 669 I. STATUTES CRIMINALIZING VIOLATIONS OF SECTION 17(A)(2) AND RULE 10B-5 ........................................................................... 670 II. “IN THE OFFER OR SALE OF ANY SECURITIES” VERSUS “IN CONNECTION WITH THE PURCHASE OR SALE OF ANY SECURITY” ............................................................................ 673 III. “TO OBTAIN MONEY OR PROPERTY” ELEMENT ...................... 679 IV. “BY MEANS OF” VERSUS “MAKE” .......................................... 683 V. “WILLFULLY” VERSUS “WILLFULLY AND KNOWINGLY” ......... 684 VI. IMPLICATIONS OF PROSECUTING SECURITIES FRAUD UNDER SECTION 17(A)(2) ................................................................. -
The Corporate and Criminal Fraud Accountability Act of 2002
Calendar No. 366 107TH CONGRESS REPORT "! 2d Session SENATE 107–146 THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002 MAY 6, 2002.—Ordered to be printed Mr. LEAHY, from the Committee on the Judiciary, submitted the following R E P O R T together with ADDITIONAL VIEWS [Including the cost estimate of the Congressional Budget Office] [To accompany S. 2010] The Committee on the Judiciary, to which was referred the bill (S. 2010) to provide for criminal prosecution of persons who alter or destroy evidence in certain Federal investigations or defraud in- vestors of publicly traded securities, to disallow debts incurred in violation of securities fraud laws from being discharged in bank- ruptcy, to protect whistleblowers against retaliation by their em- ployers, and for other purposes, having considered the same, re- ports favorably thereon, with an amendment in the nature of a substitute, and recommends that the bill, as amended, do pass. CONTENTS Page I. Purpose ........................................................................................................... 2 II. Background and need for the legislation ..................................................... 2 III. Section-by-section analysis and discussion .................................................. 11 IV. Committee consideration ............................................................................... 21 V. Votes of the Committee ................................................................................. 21 VI. Congressional Budget Office cost estimate