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Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
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. -
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. -
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. -
Spartanburg Man Receives Two Life Prison Sentences for Murder & Burglary
SPARTANBURG MAN RECEIVES TWO LIFE PRISON SENTENCES FOR MURDER & BURGLARY A Spartanburg man received two life prison sentences today for killing a local man during a residential break- in. Howard Lee Sims, 35, was found guilty of murder and first-degree burglary at the conclusion a three-day jury trial. He will serve every day of Circuit Judge Derham Cole’s prison sentence. He is not eligible for parole. Sims brutally stabbed 56-year-old John W. Lammers to death on June 1, 2007. The homicide occurred at the victim’s Carlton Drive home. Principal Deputy Solicitor Barry Barnette partnered with Assistant Solicitor Zach Ellis to prosecute the case. Sims entered the home through a partially open window in the bathroom and attacked the victim in a nearby bedroom. The victim’s brother, David Lammers, testified that he was asleep in another bedroom when the attack started. David Lammers told jurors he fought with Sims briefly before the assailant fled the home. Jurors heard testimony from a State Law Enforcement Division forensic DNA analyst who said blood on the shoes, socks and shorts of Sims matched the victim. Dr. David Wren, the pathologist who performed the autopsy, testified that John Lammers sustained 16 stab wounds and he died after going into cardiac arrest due to blood loss. The victim could have been lying down or sitting at his computer when he was attacked, according to Wren. Wren also said he didn’t see any sign of a defensive wound on the victim. “It was like a scene out of a horror movie but it happened here in the city of Spartanburg,” Barnette said. -
Police Duties at Crime Scenes Don J
Journal of Criminal Law and Criminology Volume 27 Article 6 Issue 3 September-October Fall 1936 Police Duties at Crime Scenes Don J. Finney Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Don J. Finney, Police Duties at Crime Scenes, 27 Am. Inst. Crim. L. & Criminology 412 (1936-1937) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. POLICE DUTIES AT CRIME SCENES* DON J. FINNEYt INVESTIGATION AT THE SCENE OF A CRIME AGAINST PROPERTY Investigation of Burglary Duties of First Officer (1) Beat Officer, who has discovered a burglary on his tour of duty, will assume the duties of the first officer at the scene. (2) Burglar Seen Entering. Non-residence burglaries re- ported at night are usually reported by some party who saw the burglar enter or leave the building, or saw him in operation. The first officer at the scene would immediately contact such person and ascertain: (a) If the burglar was seen entering the building, is there a probability of his still being there? What was the point of entry? Has the witness been out of sight of the building since seeing the burglar enter? If there is evidence that the burglar is still in the building radio the station and request the necessary assistance.