Criminal Law News - Attorneys Woodridge Illinois IL Lawyers you should contact your local law enforcement agency rights and protections as a victim are not Specific legal issues, concerns and conditions always require http://www.dupagecountydivorce.com/CM/Custom/TOCCriminalLawNews.asp
Extractions: lawyers@dupagecountydivorce.com White-collar crime is a term that was first used by a sociologist in 1939 to describe criminal activity by members of the upper classes in connection with their professions. His point was that this type of crime was barely acknowledged by the criminal justice system and rarely prosecuted. Today, the most common definition of white collar crime no longer focuses on the social status of the offender but rather on the type of conduct involved: illegal acts using deceit and concealment to obtain money, property, or services, or to secure a business or professional advantage. The federal government has passed a variety of laws in the last fifty or sixty years to deal with the problem of white collar crime, using its jurisdiction under the commerce, postal and taxing powers of the federal Constitution to reach all levels of business activity. White-collar crimes follow the general principles of criminal liability in that each crime requires a bad act, a criminal intent, and causation. The defenses to white-collar crime are the same ones applicable to all crimes and include incapacity, insanity, intoxication, and duress. Of particular note for white-collar crime prosecutions is the defense of entrapment. Entrapment occurs when the government has enticed a person to commit a crime he or she otherwise would not have committed. The majority of courts look at the defense of entrapment through the eyes of the individual defendant and the focus becomes the propensity of that defendant to commit the crime in determining whether he or she has been entrapped. Other courts focus on the government's conduct from the perspective of whether it is outrageous in terms of convincing a person to commit a crime.
State Attorney's Office - Victim's Rights The law enforcement agency making the arrest shall Certain motions concerning legal issues may be heard at there is an emergency or legal necessity, therefore http://www.sao17.state.fl.us/victims.htm
Extractions: Victim's Rights CONSTITUTION OF THE STATE OF FLORIDA ARTICLE 1, SECTION 16(b) "Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused." If you are the victim of a crime you have the RIGHT to: Be treated with dignity and compassion. Be protected from intimidation and harm. Be informed about the availability of Crime Victim Compensation and other victim services. Be informed about the criminal justice process. (Incarcerated victims have the right to be informed and to submit written statements at all crucial stages of criminal proceedings and parole proceedings.) Submit a Victim Impact Statement (if you so desire). Have your property returned as quickly as possible.
Victim Law Litigation Topics Lewis Clark law School The National Crime victim law Institute's Litigation Page issues and cases with which NCVLI has been involved. legal Definitions of "victim" A. victim Standing. 1. Trial http://www.lclark.edu/org/ncvli/litigation.html
Extractions: The Victims of Crime Resource Center, located on the McGeorge School of Law campus in Sacramento, California, has operated the State of California's toll-free 1-800-VICTIMS line since 1984. McGeorge students, under attorney supervision, provide information and referral statewide to victims, their families, victim service providers, and other interested parties. The Center publishes and distributes thousands of free informational materials yearly concerning victims' rights. Center staff research legal issues related to victims, monitor legislation, publish a newsletter, and participate in outreach activities. The Center is mandated and funded by legislation and is operated in cooperation with the Office of Criminal Justice Planning.
Lawinfo: Legal Dictionary, Legal Terms, Legal Definitions, Law Definitions legal dictionary providing legal terms and law definitions you waive your rights to that legal recourse. directly affects the legal rights of a person of tort law which looks at the negligence of the victim and which http://www.lawinfo.com/lawdictionary
CICC | Victims' Rights such principles in their domestic legal systems, it International Human rights and Humanitarian law of 1999 practical or operational level, issues relating to http://www.iccnow.org/buildingthecourtnew/victimswitnesses/victimsrights.html
Extractions: What are Victims' Rights Under International Law and Before the ICC? In many ways, victims have been the silent partners in the legal process, with little role other than as witnesses, and at the mercy of litigants. If the International Criminal Court (ICC) is going to fulfil its promise of providing justice for victims of atrocities and reconciling societies, it must incorporate a process that provides real justice to the victims. "The victim's perspective may be perceived in many societies as a complication, an inconvenience and a marginal phenomenon. However, the awareness is growing that redress and reparation for the victims of gross violations of human rights is an imperative demand of justice and a pressing requirement under international law, in particular the law of human rights." Theo van Boven, preface to publication of the proceedings of the "Seminar on the Right to Restitution Compensation and Rehabilitation of Victims of Gross Violations of Human Rights and Fundamental Freedoms," held in Maastricht, the Netherlands, 11-15 March 1992. The formulation of the status of victim under International Law is contained in the United Nations Declaration of Basic Principles for Victims of Crime and Abuse of Power ("the Victims Declaration") adopted by consensus by the General Assembly in November 1985. This declaration reflects the collective will of the international community to establish a balance between the fundamental rights of suspects and offenders, and the rights and interests of victims. It recognizes that victims should be treated with compassion and respect for their dignity, and recommends measures to improve their access to justice and prompt redress (restitution, compensation and all necessary assistance/rehabilitation) for the harm they have suffered.
Restitution Worldwide Beyond Grasp Of Too Many Holocaust Victims by Stuart lawRelated Resources on Nazi Gold and Other legal issues Bearing on the restitution of German Cultural http://www.ucc.ie/law/restitution/rest.htm
Extractions: Restitution? These links refer to claims for restitution throughout the world, particularly claims for restitution or reparations for major historical injustices. After the general links, there is a special section below on the claim to the Parthenon Marbles ("the Elgin Marbles"). A 50-year battle for money and justice by James Kirby (1998) A Back Door For Reparations? by Lori Widmer (Risk and Insurance) (August 2002) ABA Journal Cover Story Examines the Call for Slavery Reparations (November 2000) A Case for Reparations by Lloyd Stewart (Urban Voices Online) (September 2002) Achieving Restitution: The Potential Unjust Enrichment Claims of Indigenous Peoples Against Multinational Corporations by David N Fagan (New York Univ Law Rev) (May 2000) Aetna, CSX, FleetBoston face slave reparations suit
Victims Rights years ago, the idea of legal rights for victims of significant responsibility for enforcing and monitoring the laws. in all aspects of victim issues and victim http://www.trynova.org/victims/cwrights.html
Extractions: Basic Rights Revisited When the victims movement was founded over twenty years ago, the idea of legal rights for victims of crime was a distant ring of hope for those who had suffered the trauma of victimization. Its early sound was a simple statement of seven principles, first articulated in 1980. Determined victims and their advocates continue to fight for victim rights. Since 1980, every state has sought to translate these principles into policies and practice. Thirty-two states have passed
Extractions: Washington, D.C., September 5, 1996 A victim's rights amendment to the U.S. Constitution is an unnecessary infringement on the states' powers and would prove too costly and cumbersome to implement, according to a letter released today by 160 prominent law professors and legal scholars from across the country. The letter notes that almost all states already have statutes or constitutional provisions protecting victims' rights to restitution or to participate in sentencing proceedings, and that a constitutional amendment could actually make criminal proceedings more complex and time consuming and would lead to "more, not less, uncertainty in the criminal justice process." Joining the debate, a group of families of murder victims has released a statement opposing the proposed amendment, different versions of which are pending before the U.S. Senate and House of Representatives. Murder Victims Families for Reconciliation (MVFR) expresses concerns that the amendment would cause problems and additional delays for crime victims and their survivors. The organization notes that the proposals are based on "a flawed understanding of the needs of crime victims and their survivors." For example, regarding the draft proposals to create a victim right "to final disposition free from unreasonable delay," the victims group statement says "Victims are
Extractions: Collaborations Several articles of the Declaration address access and fair treatment within the justice system. Nonprofits apply numerous strategies for promoting legal rights. Restorative justice programs provide alternatives to traditional practices with the understanding that crimes harm whole communities. Through community involvement and accountability, these programs humanize both the victim and the perpetrator. A broad segment of the community participates in the programs to support and assist the victim, hold the offender accountable while determining ways for him or her to make amends, and take on the responsibility of addressing the underlying issues that cause crime. The Legal Rights Center used a Foundation grant to expand their Minnesota work statewide to engage those in the legal, law enforcement, and various cultural communities in strategies to strengthen the state network of local restorative justice programs; William Mitchell College of Law convened a Restorative Justice Summit. Both Powderhorn Park Neighborhood Association and the South St. Paul Public Schools
Texas Megan's Law Registered Sex Offenders the state, peace officer, or law enforcement agency victim or guardian or legal representative of Contact Person Registration issues Vincent Crime Records http://www.megans-law.net/Texas-Megans-Law.asp
Extractions: (1)The right to respect (2)The right to be informed (3)The right to be present (4)The right to be heard 30. RIGHTS OF CRIME VICTIMS. (a) A crime victim has the following rights: (1) The right to be treated with fairness and with respect for the victim's dignity and privacy throughout the criminal justice process; and
Extractions: Family Court Juvenile Court Criminal Court Small Claims Court ... Jury Duty Legal Resources Filing or defending a case in court can be very complicated. There are many rules and procedures to follow, and the courts differ in how some things are done. Also, many cases require immediate kinds of actions that a person with little or no legal training may be unaware of. For example, anyone involved in an auto accident should interview witnesses and gather evidence as soon as possible. Timely legal advice can stop small problems from becoming larger ones. If you need legal help, look in the Yellow Pages of the phone book under "Attorney Referral Services," "Attorneys," or "Lawyers." Some publicinterest groups, such as those concerned with civil liberties and housing discrimination, also offer legal guidance. In addition, many local bar associations sponsor free legal advice clinics. Free legal services for qualified poor people are available from the National Legal Services Corporation (e.g., Legal Aid Society and Legal Services Foundation). People accused of a crime who cannot afford an attorney may apply for free help from the public defender's office. The courts may also be a source of legal asistance. Each court has a family law facilitator who can provide information on child, spousal, family, and medical support at no charge. Each court also has a small claims advisor who provides free help to people involved in small claims matters. Many courts have self-help centers with information and referrals. In addition, law school "clinical" programs sometimes provide free or low-cost legal aid.
Extractions: Florida law defines domestic voiolence as any assault (threat or attempt to do bodily harm), battery (intentional, unlawful touching or striking) sexual assault, sexual battery, stalking (repeated, willful and malicious pattern of harassing or following), kidnapping or false imprisonment or any criminal offense resulting in physical injury or death of one "family or household" member by another who is or was residing in the same single dwelling unit.. "Family or household" members include spouses, former spouses, those related by blood or marriage, those who are or were residing in the same single dwelling unit (including same sex relationships), as well as those who have a child in common regardless of whether they have ever resided together.. It is against the law to physically hurt another person, no matter how the two people are related. Every victim of domestic abuse has a right under the laws of this state to be protected. There are a number of legal steps victims can take to protect themselves from further abuse including calling the police and/or filing for an
Extractions: Immigrants' Rights Update, Vol. 15, No. 5, Aug. 31, 2001 On July 24, 2001, the State Dept. and Dept. of Justice (DOJ) issued interim regulations implementing section 107(c) of the Trafficking Victims Protection Act of 2000 (TVPA). Congress enacted the TVPA in order to combat trafficking in persons, both in the United States and internationally. The TVPA provides the federal government comprehensive tools of investigation and enforcement, and authorizes assistance and protection-including immigration relief-to individuals who cooperate with the investigation and prosecution of traffickers. The new regulations, which implement the portions of the TVPA concerning protections and services for trafficking victims, offer guidance to officials of the DOJ and State Dept. as well as other law enforcement agencies that may encounter victims. The regulations provide definitions to key TVPA terms. They also address the development of procedures to protect and provide services to trafficking victims; victim identification; detention; providing victims access to information on protection, safety, medical care, and rights; mechanisms for allowing victims to remain in the U.S.; and training for law enforcement personnel. Definitions.
About Us legal Aid of Western Mo such hearings; the right to reasonable with law enforcement and reliable answers to victim s questions, solutions to issues arising from http://www.kcpd.org/legalresources.html
Extractions: Do You Know About the State of Missouri Victims Services? Victims of a Violent Crime You may be eligable to receive compensation for loss of income, support, funeral expenses and reasonable medical, drug, and counseling expenses up to $25,000. For more Information Call Missouri Dept. of Labor and Industrial Relations Other Related Sites Victims of a Crime Hate Crime Information National Center for Victims of a Crime. NOVA- National Organization for Victims Assistance. ... Help Guide for Stalking Victims General Legal Search Engines Find Law The Law Runner The Virtual Chase Meta Index for Legal Research ... Katsueys Legal Gateway Kansas City Missouri and Area Cass County Prosecutor Victim Services Clay County Prosecutor Victim Services Jackson Coutny Prosecutor Victim Services Platte County Prosecutor Victim Services Other Legal Resources Kansas City Prosecutor Missouri Bar Referral K.C. Bar Referral
CMD: JUSTICE AND LEGAL RIGHTS awareness about commercial motor carrier and highway safety issues. www.ptla.org We provide free legal help to income groups for changes in the law and social http://www.abilitymaine.org/cmdir/justice.html
STATEMENT OF VICTIMS RIGHTS case, including the application of the law or the were based and, where relevant, any legal issues which had Victims should have the right to inspect the case http://www.victimology.nl/onlpub/eurforvicrts96a.html
Extractions: Statement of victims rights in the process of criminal justice The European Forum for Victim Services It is estimated that one in four people in Europe become victims of crime each year. The European Forum has been set up to: promote the development of effective services for victims of crime throughout Europe promote fair and equal compensation for all victims of crime throughout Europe, regardless of the nationality of the victim concerned
Survivor Psalm policymakers about crime victims issues, to educate state, law enforcement officer or law enforcement agency of violent crime (due to legal requirements and http://www.tcadsv.org/vcscc/
Extractions: Our Purpose The Tennessee Victims of Crime State Coordinating Council has been established to promote awareness of the needs of victims of crime and the families of victims of crime, to provide awareness of the needs of victims of crime and to coordinate and assist the efforts of victims' rights organization. We do not provide direct services assistance to individual victims or families of victims, but will instead refer victims and/or will advise victims of resources available to victims. This website attempts to provide information to the public, professionals and policymakers about crime victims issues, to educate, train and provide technical assistance to professionals assisting victims of crime and to provide information regarding services available to victims of crime. We want you to know that as a victim, you have rights. Regardless of your gender, age, sexual orientation, education, social standing, or financial status. The state of Tennessee has created a Victim's Bill of Rights. Below lists those rights:
Restitution, Compensation And Rehabilitation of the report addressing the main issues to be only binding instruments or soft law as well conventions or other instruments; the legal difference between a http://www.hri.ca/fortherecord1999/vol1/restitution.htm
Extractions: Report of the Independent Expert In the early 1990s, the Sub-Commission appointed a special rapporteur to consider the right to restitution, compensation and rehabilitation of gross violations of human rights and fundamental freedoms and to prepare draft guidelines on this question. Between 1993 and 1997 three versions of basic principles and guidelines were prepared (see E/CN.4/Sub.2/1993/8, 2 July 1993, section IX; E/CN.4/Sub.2/1996/17, 24 May 1996; and E/CN.4/1997/104, 16 January 1997). At its 1998 session, the Commission adopted resolution 1998/43 in which it noted with interest the positive experience of countries that had established policies and adopted legislation on the question and called once more upon the international community to give due attention to the right to restitution, compensation and rehabilitation for victims of grave violations of human rights. In that same resolution, the Commission established the mandate of an independent expert to prepare a revised version of the draft basic principles and guidelines and to submit the revised daft to the Commission on Human Rights at its 1999 session, with a view to adoption by the General Assembly. Cherif Bassiouni was the Independent Expert in 1999. The Independent Expert's report to the 1999 Commission ( E/CN.4/1999/65