Criminal Law

Online Criminal Attorney â Search Faster With Online Criminal Lawyer and Attorney Sites

July 18th, 2009 at 08:58pm Under Criminal Law

Criminal accusations may turn your life into a living hell. Opt for an online criminal attorney immediately. Browsing the internet for a competent attorney will help you in finding the same that too in much shorter time period. After all, that is what you want, right? A truly expert legal representative who is experienced in criminal law can show you whether the accusations that their clients are alleged with are based on valid logic or not. Unfortunately, such situations are not common but surely not unavoidable. Still, luckily, there are thousands of websites that cater to the immediate requirement of a criminal lawyer. How Easy Is It To Find A Criminal Attorney On The Internet?

Previously, people had to work really hard, literally âunder the sunâ to search for a proficient lawyer. Today, the entire scenario has changed as the internet technology has taken over the world. The World Wide Web allocates space for innumerable type of products, services and information in its arena. And, information on criminal attorneys is also a part of it. Accessing information and services of all types of attorneys is possible now without wasting sweat and energy. With just a few clicks, you can find a capable online lawyer, also one who you can easily afford. How Much Does A Criminal Lawyer Or Attorney Bill, Usually?

When the Issue of affordability is already cited in the discussion, therefore, discussing the billing system of attorneys is relevant here and essential too. Different companies may charge for their services differently. However, usually, two main methods are followed. The fee is charged either on the basis of hours or the nature of the case. Hourly basis fees are fixed fees that are charged as per the hours spent on the entire procedure of the clientsâ cases. Hourly basis fees of attorneys may vary between twenty dollars to a couple of hundred dollars. Hence, if you have to think about your budget, think about searching for criminal attorneys online so that you may check the charged fees. Hourly basis fees of attorneys depend on their experience and skill in handling the cases.

Many companies offer a âcapâ, as per which the client is liable to pay the fixed hourly basis rates up to a predefined amount. When the hours spent in the case exceed this âcapâ amount, the attorneys will finish the case at no additional cost. Case billing is charged for working on specific type of cases. For example- every type of drunken driving criminal cases are charged with an invariable amount.

Online criminal attorney websites are the best source to search for various sorts of criminal attorney services. They make it possible to compare and choose the best from the various companies that provide criminal defense attorney, criminal trial attorney etc.

You Can’t Afford To Compromise When It Comes To Criminal Defense

July 18th, 2009 at 08:57am Under Criminal Law

Hiring trial attorneys to handle a criminal defense or other serious legal matters should not be a process that’s taken lightly. The lawyer or lawyers you hire could very well have your life in their hands. So, if proving your case and doing it well is a priority (and why wouldn’t it be) than getting the best is a must.

Almost every week there’s a report somewhere about a person who was falsely accused and convicted on criminal charges. A good attorney can help ensure his or her clients don’t add to the statistics. Good attorneys know how to handle trials inside out and backwards and they fight tirelessly to see that justice is served on behalf of their clients. If proving your innocence is a must, then finding the best lawyer is key.

No matter how compelling your case is or how well you can prove your innocence, the justice system isn’t perfect. Mistakes happen. Good trial attorneys can minimize the chances for this.

Before hiring any attorney, you need to do the following things:

* Shop around. Don’t just look at fee structures. If you’re innocent, you need to prove that no matter the cost. The consequences of doing otherwise can be monumental. Especially in the midst of a legal matter it may seem like you have no time to shop around, but it’s precisely at this time you must be picky and deliberate about who you hire.

* Find an attorney you can talk with. If you don’t like the person representing you or at least cannot communicate with him or her, you have a problem. Be certain the person you hire is one you can clearly communicate your side of the case to.

* Check the lawyer’s background. Has this person been to trial before? Did he or she win? How many times? What certifications and memberships does he or she have? What’s the overall success versus failure track record?

* Does the attorney work alone or with a firm? What kind of support system is in place to help this person win cases? This can mean investigators, a research staff, assistants and so on. Find out. A lawyer who goes it alone can be very effective, but one who has a sufficient support system can be even more so.

* Has the attorney handled cases like yours before? This can make a big difference. Criminal law is different from tax law by a long shot and going to trial is a very different experience than settling out of court in a civil suit. Get the best expert in the area you need expertise in.

Although there are no guarantees in the justice system, if you are innocent you need the best representation you can possibly get to prove your case. Mistakes and oversights happen, but good trial attorneys can help minimize the chances of things going wrong. The only thing worse than being accused in a crime you didn’t commit is being convicted of it. Fight back. Fight smart. Get good attorneys to defend your case.

Moral Law, Justice, and Evolution

July 17th, 2009 at 08:57pm Under Criminal Law

We already mentioned intelligence. Remember in the article: How Do We Account for Instinct? we divided it up into two broad categories, one of which we call instinct and the other a type of decision-making ability? We grouped the lower forms of animals into the first category and humans into the second. Other creatures, we allowed, appear to operate using a combination of instinct and “thinking.”

But, of course, it is really more complicated than that. People have instincts too. The sexual drive, a mother’s love for her offspring, and a basic desire to survive are undeniable human instincts. Each of these traits are shared to one degree or another with animals. However, we seem to have something more than mere instinct.

Somehow or another we find ourselves with a moral sense of right and wrong. We feel as though we know somethings are right and others are wrong. But then again, is what we consider right and wrong merely a subjective whim? Or is it possible that there might be a real, honest-to-goodness, objective standard for good behavior?

Some people claim there’s no fixed standard for decent behavior. It varies over time and from one culture to another. Different civilizations and different ages have had very different ideas on morality, they say. And they seem to have a point.

Manners and Styles

Certainly manners, styles, and dress codes change over time. The past half century has seen considerable change in the United States. In 1960, most women worked in their homes raising children. They usually wore dresses, and those dresses were of a certain conventional length.

Men were expected to be the breadwinners. They wore their hair short and rarely had facial hair. Children addressed grownups as “Sir” or Ma’am” and in general were taught to be deferential to adults. Unless you were well acquainted, it was Mr., Mrs, or Miss whatever their last-name-was. Times have changed!

Much of what passes as normal behavior nowadays would have been socially unacceptable just thirty years ago. And it works both ways. Many of the things our ancestors did in the past would not be tolerated today. A few hundred years ago, capital punishment was the approved punishment for crimes ranging from petty theft to treason. Witches were hung or burned. And slavery was by and large considered an acceptable practice.

Moral Principles

Obviously some of the things our forefathers believed are social taboos today and vice versa. However, that’s not the whole story. While some values can and do vary, others evidently do not. In his book, Mere Christianity, C.S. Lewis points out that if you take the trouble to compare the moral teachings of ancient Egyptians, Hebrews, Babylonians, Hindus, Chinese, Greeks, and Romans, you will be struck with how much they have in common with each other and with us today.

Fair play, unselfishness, courage, faithfulness, honesty, and truthfulness have always been admired, whereas treachery, murder, robbery, theft, and rape have always been condemned. Men have disagreed over whom you should be unselfish to – just your family, your country, or to everyone.

But none have advocated putting yourself first. Some cultures have allowed more than one wife, but none allow you to have just any woman you want.

Golden Rule

The most universal concept of all is also the most basic. We call it the Golden Rule. Most moral teachings state it in a negative form such as “Never do to others what you would not have them do to you.” This fundamental rule of conduct turns up in rabbinical Judaism, Hinduism, Buddhism, and Confucianism.

We also see it in Greek and Roman ethical teachings and even in Old Norse proverbs. Jesus Christ turned it around and put it in its positive form two thousand years ago. “Do to others what you would have them do to you.”

Is any other type of morality possible? Lewis challenges us, “. . . think what a totally different morality would mean. Think of a country where people were admired for running away in battles, or where a man felt proud of double-crossing all the people who had been kindest to him. You might as well try to imagine a country where two and two make five.”

The Moral Law

It sounds like the rule of right and wrong, the moral law, or whatever you want to call it, exists on two separate levels. One is arbitrary. Fashion, convention, or taste sets the tone for acceptable behavior on this level.

Then we see another moral level beyond the trends of society. Here we find a permanent core of values. These fundamental guides for human behavior seem to be deeply ingrained in mankind and are not swayed by time and place circumstances.

Everyday conversation suggests that most of us at heart believe in a real right and wrong. Take arguments for example. People young and old, educated and uneducated, often say such things as: “Come on, you promised.” “Hey, you broke in line ahead of us. That’s not fair.” “Why don’t you help me? I helped you when you needed it.”

C.S. Lewis tells us that remarks of that sort don’t just mean that the other fellow’s attitude doesn’t happen to please the speaker. There is something else involved. The one who makes the complaint is appealing to a certain standard of behavior which he expects the other person to know about.

And usually he is right. The other man rarely replies, “I don’t give a hoot about fairness.” No. He makes out that what he’s doing isn’t really unfair after all. He claims to have some special excuse which lets him off the hook for not living up to his promise this time, or for breaking in line, or for not helping you on this occasion.

It looks as though both sides really agree there is a law or rule of fair play. Quarreling means trying to show the other person is wrong. What’s the sense in trying to do that unless both sides agree as to what is right and wrong. Just as in basketball, to paraphrase Lewis’ example, there’s no sense in saying a player committed a foul unless there is an agreement on the rules of basketball.

Ignorance of the law is no excuse. Thieves cannot excuse themselves saying they didn’t know stealing was a crime. Murderers can’t get away with murder, claiming they didn’t know murder was wrong. The underlying idea is that all citizens are expected to understand that stealing and murder are wrong.

Can you imagine an attorney in a request that the case be dismissed against his client, saying, “No judge, I don’t think my client should be held responsible for murdering his wife and six children. After all, the defendant doesn’t have a law degree. Why should we expect him to know all the finer points of the law?”

On the other hand, lawyers do try to excuse their clients by pleading “temporary insanity.” Doesn’t that let the cat out of the bag? What they are saying is that for one reason or another, the accused was momentarily mentally unbalanced and didn’t understand he was committing an act which all of us know to be wrong. Had the defendant been sane at the moment, he would have recognized and upheld the same Rules for Right Conduct that all the rest of us sane people do.

They seem to be affirming that criminal codes are based on certain moral truths. In fact, federal and state criminal laws wouldn’t make sense unless there were a real standard of decent behavior which the “sane” criminal knows as well as we do and ought to have practiced.

Sometimes right and wrong are so obvious, no one seriously questions it. After World War II, Germany was widely denounced for their war crimes. But as Lewis observes: “What was the sense in saying the enemy were in the wrong unless Right is a real thing which the Nazis at bottom knew as well as we did and ought to have practiced?”

Earlier we asked, is our idea of right and wrong a subjective whim or a real objective standard for good behavior. Evidently it is both. Manners, styles, clothing, and opinions on any number of subjects vary over time and location.

Then again virtues such as courage, faithfulness, and honesty have always been praised. Likewise, vices such as treachery, murder, and theft have been universally condemned.

Civilizations throughout history have reflected these eternal values. And they are still with us today. Much of what we think, much of what we say, and much of what we do would be utter nonsense if there were not a true moral standard of right and wrong.

Now if we can agree that there really is an objective standard of right and wrong, we can go on to our next question. Namely where does this standard come from? Some say mankind invented the moral code because civilization couldn’t function without basic rules for getting along. Through education, they passed these rules for right living on down from one generation to the next.

Others say the same Outside Source which designed the human body also produced the moral code as a guide for our behavior. The moral law was imprinted in humans much the same as instinct. Who’s right?

Before we take up that question, let’s first consider an entirely different subject – mathematics. Math, as we know, is based upon certain objective truths. Algebra, calculus, and trigonometry are all derived from solid mathematical principles which have been around long before mankind discovered them.

And if we somehow lose knowledge of them again, those principles would still be there awaiting future generations to rediscover them. Therefore, we can say that mathematical truths exist separate from any human knowledge of them.

Notice we say such things as: Pythagoras discovered the principles governing the right-angled triangle. Or Descartes discovered the principles behind analytical geometry. We don’t say they “invented” the principles. They were already there. In the same way we speak of people discovering other scientific facts.

In 1781, William Hershel discovered the planet Uranus, and in 1930. C. Tombaugh discovered Pluto. Uranus and Pluto have probably been around as long as our own planet. They would still be there even if we had never learned of their existence.

Bearing that in mind, let’s return to the moral law. The most reasonable assumption is that individuals down through the centuries discovered and rediscovered certain fundamental truths of right and wrong. They didn’t invent them any more than Pythagoras invented the principles governing the right-angled triangle or William Hershel invented Uranus.

The moral law for decent behavior was already there. Men and women merely looked into their own hearts, their own conscience, and there they found a bundle of “oughts.” “Oughts” such as: I ought to keep my promises, even if I would rather not. I ought to tell the truth, even if it makes me look like a fool. I ought to finish my assigned duty, even though I would rather do something else. I ought to remain true to my spouse, even if I am attracted to another. I ought to be honest, even if it would be easy to cheat. I ought to treat the other fellow the same way I would like to be treated, even if I think he is a jerk.

Apparently, none of us made up this moral code of “oughts.” Sometimes it would be rather convenient if they would just go away. But they don’t. They continue to press in on us whether we like it or not.

One thing more, if man created the moral law himself, we would expect to find each society and each civilization developing their own set of basic principles. Our clue is that they did not. While they came up with widely different customs, conventions, and manners, every civilization, past and present, discovered the same bundle of inconvenient “oughts” to direct their lives. Isn’t that curious?

It looks very much like the Outside Source is behind all of it. What does the moral law tell us about this Outsider? Obviously, he’s not a create-’em-and-let-’em-run-amuck sort of being. He’s not a neutral, hands off, passive creator. Instead we find a Moral Agent who has loaded the dice trying to influence our thinking.

Freedom of Choice

He implanted basic instincts in us much as he did the animals. But he gave us something other creatures apparently didn’t receive. This Moral Agent programmed a series of “oughts’ into us to guide our behavior. Clearly, he wants us to keep our promises, tell the truth, do our duty, remain faithful, be honest, and to do to others the same way we would have them do to us.

Notice though, however much the Moral Agent wants us to act in a certain way, he does not force us. He allows us free choice. We can chose to obey the moral law, or we can reject it.

Justice

Before we leave the moral law, I would like to draw your attention to an enigma. Our natural desires in life seem to be satisfied by one means or another. We thirst; water quenches our thirst. We hunger; food quenches our hunger. We want sex; our mate quenches our desire. Our human nature appears to be in close harmony with what life has to offer; so much so, it looks like someone planned it that way.

Give them a desire, then give them a way to satisfy it, seems to be the idea. It keeps us busy doing the things that Whoever-made-us wants us to do. And it all works well, up to a point. Then we run into something that doesn’t quite pan out.

Deeply embedded in our conscience we find a penchant for justice or fair play. We are not neutral observers; we are moral creatures. We want the good guys to win. We like happy endings. And we cheer when good triumphs over evil.

About the only place that happens, however, is at the movies, old movies at that. Real life isn’t nearly as accommodating. In fact, life often seems inherently unfair.

Consider the following: One baby is born to wealth, another to poverty. One is born to a family that loves him, another to a family that abuses him. One is aborted, the other is not. I don’t need to tell you, there is nothing fair about any of that.

Fortune seems to smile on some and frown on others. We see geniuses, and we see idiots; women with great beauty, and women who are downright ugly; people with many talents, and people with no talents at all; and those who are healthy, and those who are sickly or physically deformed. What’s fair about that?

Let’s take it a step further. Some people are endowed with good looks, sound nerves, wit, charm, and a pleasing personality. Popularity and admiration come fairly easy for them. They fit in naturally wherever they go. They don’t need to work at it. It’s a gift. They are the blessed. They are life’s winners.

At the other end of the totem pole, it’s an entirely different story. There we find the homely, dull, slow-witted, timid, warped, lonely people or the passionate, sensual, unbalanced people. By no choice of their own, many are born into homes filled with hatred, petty jealousies, and constant bickering. Others are tormented by sexual perversions or nagged by an inferiority complex. No matter how hard they try, they don’t fit in anywhere. They are life’s losers – unappealing, unloved, and often the object of ridicule and jokes. These folks will be quick to tell you, “life is unfair.” And they are right.

Notice, what we have mentioned so far are traits and circumstances over which we have little or no control. What about those things over with we do have control? Do we find fairness there?

Some people work long and hard, day in and day out, sunup to sundown. Others do nothing they are not forced to do. Both live out their seventy or so years and die. Memory of both soon fades away. All they had, whether plenty or little, is left to someone who did not work for it. Somehow that doesn’t strike us as fair either.

And what of the honest, the faithful, the kind, and the generous? Do they not meet the same fate as the hypocrite, the unfaithful, the cruel, and the greedy? Death overtakes them all, good or bad. And soon they are forgotten. Certainly, that’s not fair. Where are the scales of justice?

But it is even worse than that. You and I know that as often as not, it is the bad man who prospers while the good suffers all kinds of afflictions. The bully wins, and the weak pays the price. The cheater gets off scot-free, while the innocent is accused. Crime all too often does pay. The criminal really does get away with murder. His victim suffers the loss. Justice is stood on its head.

We know life is full of injustices. No one denies it. They spring up everywhere. Our sense of fair play tells us something is fundamentally wrong. Something is out of kilter. We long for a world turned right side up. We want those who have been forced to suffer to receive their just compensation.

We want those who have benefited others to receive their just reward. We want those who have abused others to receive their just punishment. Anything less would be a travesty of justice.

Our True Home

Why then, are we given a longing for justice and forced to live in an unjust world? Has the same Agent who provided so generously for all our other needs, created an elaborate hoax just to frustrate our desire for justice? Or could it be that this world is not our final destination?

Perhaps we were made for a better world, a world without death, suffering and injustice. We might find our ingrained sense of fair play to be in complete harmony with the reality of our true home.

Evolutionists have nothing to say about justice or fair play.

Questions to Consider:

1. If we are nothing more than the chance meeting of random atoms of matter, why are we concerned about justice?

2. One more question: If we are nothing more than the chance meeting of random atoms of matter, how did we ever acquire the intelligence to figure out that we are nothing more than the chance meeting of random atoms of matter?

Jerry Boone, Gatlinburg, Tennessee, United States webmaster@merechristianity.us Mr. Boone is a sailor, author, and webmaster of http://merechristianity.us with a Bachelor of Arts degree in Anthropology from Georgia State University. His works include: Mere Christianity.us and SAFETY LINE – EVIDENCE OF THINGS NOT SEEN, an apologetic study published 1998.

Finding a Criminal Attorney in LA

July 17th, 2009 at 02:58pm Under Criminal Law

Whether you want to prosecute or defend yourself, finding a criminal attorney in LA can be a daunting task especially if you don’t have or know someone having, links with an attorney. Most people find attorneys with references or suggestions from others. An attorney that clicked for others might or might not be the one to defend or prosecute on your behalf.
In any case you can be your own best judge when it comes to finding a criminal attorney in L.A. A few simple points can help you decide whether the attorney you want to hire is the right one.
An attorney could be a part of a criminal law firm or have his or her own solo practice. This has its own pros and cons. A law firm can give you a choice of attorneys to handle your case that can make finding a criminal attorney in LA easier. On the other hand an attorney having his own practice could strike the right chord with you from the very beginning.
Irrespective of whether you find a criminal attorney in a firm or working as an individual, you should be at ease and feel at home when discussing the case with him or her. Your attorney should inspire and lift your spirit whether you are defending yourself or prosecuting.
What does it take to find a good criminal attorney?
For finding a criminal attorney in L.A., make sure that you don’t go just by the cost of hiring an attorney but also consider his or her reputation. Give equal importance to good experience and cost before hiring an attorney. An attorney with less experience and high fees could be as bad as the one charging very low fees and paying less attention to your case.
An attorney who has experience, listens to your case, gives you ample time, has adequate staff to cover your needs regarding the case and more importantly discusses his own business as a criminal attorney instead of trying to demean a competitor, can be the right choice.
Some of the areas covered by criminal attorneys include Domestic Violence, Drunk Driving, Juvenile Crimes, Possession of Drugs, Assault and Battery, Burglary, Robbery, Fraud, Sex Crimes, Grand Theft, Terrorist Threats, Illegal Firearm Possession, Capital Offenses and White Collar Crimes.
Make sure that your attorney has a good investigative team to cover and analyze every aspect of your case. Finding a good criminal attorney in L.A. can make the difference between getting charges framed and proved, for or against you. Take your time discussing your case with an attorney till you reach your comfort level and feel confident, before hiring one.

Martin helps people learn about law in Los Angeles. You can read more of his work like Qualities A Los Angeles Defense Attorney Should Possess by
visiting the Criminal Attorney Los Angeles website.

University of Phoenix criminal justice overview: The programs

July 17th, 2009 at 02:57am Under Criminal Law

The University of Phoenix Online offers only two criminal justice and law enforcement programs, one undergraduate and the other graduate.

The Bachelor of Science in Criminal Justice Administration is a four-year program that encompasses the subjects of policing, criminal law, and corrections, besides providing a broad outlook on the study of crime and justice in American society. The course is designed to groom professionals working in the field of criminal justice for administrative, supervisory, and leadership positions that demand a higher level of skill and responsibility. As a student of the BS degree in criminal justice administration, you will be educated in how to deal with human relations and resolve social conflicts, besides learning how to use the latest technology to detect, solve, and fight crime. Your work in a position of importance and reliability will involve working with subordinates, peers, and superiors. This program will inculcate in you the competence needed for interpersonal communication, administrative decision-making and personnel management. Professionalism on the job and the moral ethics that govern the profession are also dealt with in the curriculum.

The undergraduate course is a good stepping-stone for professionals in the criminal justice field who are seeking to advance their careers or branch into a diverse specialization. The course includes subjects like Organized Crime, Contemporary Issues in Criminal Justice, Skills for Professional Development, Introduction to Criminal Justice, Criminology, Criminal Law, Criminal Procedure, Interpersonal Communications, Introduction to Policing, Criminal Court Systems, Introduction to Corrections, Juvenile Justice, Ethics in Criminal Justice, Cultural Diversity in Criminal Justice, Research methods in Criminal Justice, Organizational Behavior and Management, Criminal Justice Administration, Criminal Justice Administration, Criminal Justice Policy Analysis, Managing Criminal Justice Personnel, Futures of Criminal Justice, and an Interdisciplinary Capstone Course. Each course carries three credits.

The Master of Science in Administration of Justice and Security prepares undergraduate students and professionals in the criminal justice field for administrative roles in criminal justice and security programs. Promotions and transitions across the various areas of criminal justice like law enforcement, corrections, security, and court operations are easily facilitated if you have a master’s degree in a related discipline. This program will train you in problem-solving techniques in security and justice organizations.

The degree includes courses such as Survey of Justice and Security, Organizational Administration and Behavior, Management of Institutional Risk, Ethics in Justice and Security, Criminological Theory, Legal Issues in Justice and Security, Critical Incident Management, Cyber Crime and Information Systems Security, Public Policy Issues, Concepts of Physical and Personal Protection, Forensic Science and Psychological Profiling, and Program Development and Evaluation. Each course carries three credits.

The problem is: while the courses sound good what you will really get is more of management education rather than more of criminal justice education. If you are opting for UoP, be ready to expect a management orientation rather than a criminal justice orientation. The sharp focus on criminal justice is missing.

Jim Greenberg recommends you visit the Online Criminal Justice Degree Guide for more information on University of Phoenix criminal justice bachelors and masters programs. See http://www.ocjdg.com/2006/02/theuniversity.html for more information.

What will your online criminal justice program syllabus look like?

July 16th, 2009 at 08:57pm Under Criminal Law

Each institute offering an online program in criminal justice is sure to have its own syllabus. Though a few courses may be unique to certain institutes many of these are similar and may only be known by different names while their contents are more or less the same. A criminal justice program benefits prospective law enforcement officers as well as social service workers and private investigators. All these programs teach you the fundamentals of the criminal justice system and help you enrich your skills in the field. The nation’s legal system and law enforcement standards are given equal importance in most of these programs. Languages are an important part of the course as are interpersonal skills.

Courses in the humanities, mathematics, science and social sciences all figure in the syllabus. Over the years, the criminal justice program has also evolved and aims at encompassing the changing scenario of crime in the 21st century. Institutes now offer courses in tackling terrorism, aviation security and cyber crime. Interrogation and interviewing techniques, emergency procedures, and community policing are but some of the features of criminal justice programs.

Some of the courses taught in a criminal justice program are:

· Introduction to Criminal Justice

· Criminal Law

· Criminal Procedure

· Forensic Science

· Juvenile Justice

· Criminology

· Corrections

· Security

· Community Policing

· Aviation Security

· Hate Crimes and Groups

· Sex Crimes

· Independent Research

· Law Enforcement Reporting and Recording

· Correctional Programs: Probation and Parole

· Criminal Investigation

· Criminalistics of Cybercrime

· Issues in Ethics and Law

· Psychology and the Justice System

· Crime in America

· Correctional Systems and Practices

· Sociology of Law

In many cases the syllabus might combine traditional and the virtual method of study. All criminal justice programs aim at providing students with an informed perspective on the components of the justice system. They are taught to recognize and interpret crime data and statistics. Students are made aware of the correctional systems and purposes of punishment. It helps develop an understanding of the differences between the adult and juvenile justice systems.

Jim Greenberg recommends you visit the Online Criminal Justice Degree Guide for more information on types and majors in criminal justice colleges. See http://www.ocjdg.com/2006/02/whatwilli_nee.html for more information.

Ten Reasons to Hire a Criminal Defense Attorney in Minnesota

July 16th, 2009 at 02:57pm Under Criminal Law

Loss of freedom. Expensive fines. A criminal record. Restrictions on your future employment. If you face criminal charges in Minnesota, the consequences may change your life. You need a criminal defense attorney, and not just any lawyer will do. You’ll want to hire an experienced professional. You’ll require an attorney who knows the ropes in Minnesota — someone with deep knowledge of local laws and the ins-and-outs of the court system.
Here are the top 10 reasons to hire a criminal defense attorney in Minnesota.
1. You will have one person in the criminal justice system you know is on your side. When dealing with judges, prosecutors, the police and witnesses you will benefit from having an experienced professional who’s concerned with your best interests.
2. You will have hired an adviser who knows the local court system. Every court system has its unique aspects. Minnesota is no exception. Your criminal defense attorney will know which local laws are relevant to your case. He or she will examine the facts in the case and identify the evidence that is most effective for your defense.
3. An experienced criminal defense attorney will take the time to understand your case. Your attorney will not let you become just another statistic in the criminal justice system.
4. Hiring a criminal defense attorney means hiring an expert. You’ll have an adviser who understands the fine points of criminal law, especially Minnesota’s legal code. Your attorney will also have access to resources, including investigators and expert witnesses, who can participate in your defense if needed.
5. Your criminal defense attorney will guide you through the maze-like procedures that often surround criminal legal proceedings – entering a plea, attending hearings, obtaining bond, preparing testimony, locating witnesses, and evaluating the evidence.
6. Your attorney will take the lead in negotiations with prosecutors to potentially dismiss or reduce the charges against you. When you hire a qualified, experienced criminal defense attorney who practices in Minneapolis, you will benefit from having an advocate who knows the local prosecutors and has experience negotiating with them. Your attorney will advise you on your best options if you are offered a plea bargain or reduced sentence.
7. If your case goes to trial, your attorney will help you select the best approach, including whether to testify, and if you should request a judge or jury trial.
8. Your attorney will review all of the evidence against you and seek to dismiss anything that is unproven, unfair, or not allowed under Minnesota law.
9. Even if you have to face some consequences, your criminal defense attorney will help you make the strongest case for a reduced or suspended sentence, lower fines, less time on probation or fewer restrictions on your activities.
10. Your criminal defense attorney will allow you to face the Minnesota court system with confidence that you’ve done the most you can to protect yourself. The right to hire an attorney is a basic civil right, one that can help you to preserve your rights and safeguard your future.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Rape Laws in India

July 16th, 2009 at 08:58am Under Criminal Law

THE RAPE LAWS IN INDIA, revisiting the concepts .

Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope of this word and its narrow definition according to law and what is the impact of this definition on the judgments meted out to the hapless victims of this excruciating mental agony? This project aims to study the lacunas in the present definition and scope of the phenomenon called Rape.The word ‘Rape’ is derived from the Latin term ‘Rapio’, which means ‘to seize’. Thus, rape literally means a forcible seizure and that is the essential characteristic feature of the offence. In common parlance, it means intercourse without her consent by force, fear or fraud. In other words, rape is violation with violence of the private person of a woman.

Though the law is said to grant justice to the innocent, the same is sadly not true in case of rape victims. Justice prides herself on being blind to everything but the truth – yet as far as rape is concerned, the facts paint a different picture. Rape laws in India are extremely antiquated. Although the laws outline the crime in clear terms, the courts are filled with people who favor the accused and challenge the veracity of the victim’s allegation.

The Supreme Court has opined in Maharashtra v Madhukar Narayan Mardikar , that “..even a woman with easy virtue is entitled to privacy and no one can invade her privacy as and when he likes. So also, it is not open to any and every person to violate her person as and when he wishes. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown overboard.”

Rape laws in India are antiquated; Instances where justice has failed the victim because of interpretation of law, assessment of evidence, long delays at the trial and harsh and humiliating cross-examination of the victim are reported with alarming frequency. This report deal with the incumbencies in the existing laws relating to rape in India and certain recent developments in this field.

Rape is a weapon that distorts a woman’s sexuality, restricts her freedom of movement and violates her human rights. It leaves a woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim’s privacy and personal integrity, but also causes serious physical and psychological damage. The law must take a fresh look at itself and take positive steps to make it more difficult for an accused to get judicial reprieve. . What is sad about rape in India is the lack of seriousness with which the crime is often treated.Statistics from 2000 showed that on average a woman is raped every hour in India

As observed by Justice Arjit Pasayat:”While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.”Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassement) would try fulfilling their desire.

Rape

Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code)A man is said to commit “rape” if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-

Against her will.

Without her consent.

With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

With or without her consent, when she is under sixteen years of age.

Explanation : Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.Exception : Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Impediments to Justice:Rape is defined in India as intentional, unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are ’sexual intercourse with a woman’ and the absence of consent. This definition therefore does not include acts of forced oral sex, or sodomy, or penetration by foreign objects; instead those actions are criminalized under Section 354 of the IPC, which deals with ‘criminal assault on a woman with intent to outrage her modesty’ and Section 377 IPC, covering ‘carnal intercourse against the order of nature’.

The definition leaves a few questions unanswered. For instance, what about sexual intercourse by a man with his wife, and without her consent, where the wife is over 16 years of age? Judicial interpretation has also meant that sexual intercourse in a custodial situation (police station, public hospital, remand homes, and jails) is deemed an offence, without going into the question of consent. Also, anal or oral penetration and penetration with objects do not fall within the ambit of section 375.

It also does not recognize other forms of sexual assaults, like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.

Also, if the victim is a minor, the onus is on the accused to prove his innocence. But if the victim is a major, it is up to her to prove her charge. Therefore, the defence finds it worthwhile to prove that the victim is a major. Another problem is that unless the woman is examined medically within 24 hours, it becomes difficult forensically to prove that rape has occurred. Very often, unable to prove penetration, judges find themselves trying “rape” cases under more watered down sections: ‘outraging the modesty of a woman’, for instance, carrying much lighter punishment.

Adding to this is Section. 155(4) of the Evidence Act (Repealed), which allows the victim to be questioned of her past sexual history which the defense uses to humiliate the victim in the Courtroom. At the same time, section 54 stated: “In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given (by him) that he has a good character, in which case it becomes relevant.”

Section 375 of the Indian Penal Code (IPC) only considers forced peno-vaginal penetration to be rape. Penetration with any other object, be it life-threatening (a knife, an iron rod, etc), though more physically harmful is not rape. The penis is accorded a privileged position in comparison with other objects that can be inserted, because of the primacy put on the virginity of women. The rupture of a woman’s hymen — the ultimate symbol of her sexual purity — must be avoided at all costs. “Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape,” according to this section. In other words, forced sex within marriage is outside the scope of the offence of rape.

The manner in which some courts have interpreted the law or assessed the evidence has often proved to be an obstacle also. In spite of Supreme Court judgments to the contrary, lower court judges often insist on evidence of physical resistance or marks of injuries to hold that a woman has not consented. A woman’s evidence without corroboration is not considered sufficient.

Therefore rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application

Earlier Developments

Several difficulties with the rape law were highlighted through some insensitive treatment by the judiciary

· The Mathura rape case is illustrative.( TukaRam v. State of Maharashtra, AIR 1979 SC 185In March 1972, a 16-year-old tribal girl was raped by two policemen in the compound of Desai Ganj police chowky in Chandrapur district of Maharashtra. Her relatives, who had come to register a complaint, were patiently waiting outside even as this heinous act was being perpetrated in the police station. When her relatives and the crowd threatened to burn the police chowky down, the two guilty policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama. At the Sessions Court, Mathura was accused of being a “liar” and that since she was “habituated to sexual intercourse”, her consent was given. The Nagpur bench of the Bombay High Court set aside the judgment holding that that passive submission due to fear induced by serious threats could not be construed as willing sexual intercourse. However, the decision of the Supreme Court remains a blot on its record to this day. The rationale for acquittal was that Mathura had not raised an alarm and there were no visible marks of injury on her body. The judgment did not distinguish between consent and forcible submission

The Mathura rape case galvanised the women’s movement into asking for reforms of the criminal law that dealt with rape. In 1983, the government passed the Criminal Law Amendment Act. It amended Section 376 IPC and enhances the punishment of rape it also provides enhanced punishment of minimum of 10 years of imprisonment for police officers or staff of jail, the remand homes or other places of custody established by law. The Act further inserts a new Section 114-A IEA, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape at least partially, removed the infirmity from the evidence of a victim of rape that was hitherto unjustly attached to her testimony without taking note of the fact that in India, unlike the occident a disclosure of the girls identity, rehabilitation in society for all times to come and unless her story was painfully true she would not have taken such a grave risk merely to malign the accused.The Act also provides for trial in camera. It also inserts a new section in the IPC Sec 228(A), which makes disclosure of the identity of the victims in These amendments were not enough to stem the rise in the number of cases of sexual violence against women. One crucial defect in the law was the definition of rape under Section 375 of the Indian Penal Code (IPC), which took into account only penile-vaginal penetration. Other physical and mental injuries were left to be dealt with under Sections 354 and 509 of the IPC as `outraging the modesty of a woman’.

Although the amendment had only partly accepted the demands of the campaign, the enactment was an indication of some measure of success. However, the inadequacy of these measures became clear in the Suman Rani case.[In spite of the rigorous punishment brought in through the amendment in cases of custodial rape, the Supreme Court reduced the sentence to five years on grounds that the woman was of ‘questionable character’ and ‘easy virtue’ with ‘lewd’ and ‘lascivious behaviour’. The court also dismissed a review petition filed by women’s groups. The Suman Rani case was no exception; the judiciary was routinely awarding less than the minimum sentence in rape trials despite the statutory mandate laid down by the amendment. In Mohd.Habib v. State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis, which the High Court presumed was indicative of consent.

· In Mohd.Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court’s judgment.

· In another instance of conscience stirring cases, Sakina- a poor sixteen year old girl from Kerala, who was lured to Ernakulam with the promise of finding her a good job, where she was sold and forced into prostitution. There for eighteen long months she was held captive and raped by clients. Finally she was rescued by the police- acting on a complaint filed by her neighbour.With the help of her parents and an Advocate, Sakina filed a suit in the High Court- giving the names of the upper echelons of the bureaucracy and society of Kerala.The suit was squashed by the High Court, while observing that ‘ it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not so sacrosanct as to be taken for granted.’

· Whereas, in State of Punjab Vs. Gurmit Singh, the Supreme Court has advised the lower judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not describe her to be of loose character.

· The Supreme Court has in the case of State of Maharashtra Vs. Madhukar N. Mardikar, held that "the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate her person against her wish. She is equally entitled to the protection of law. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard."

In Chairman, Railway Board Vs. Chandrima Das, a practicing Advocate of the Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railway authorities of the eastern railway claiming compensation for the victim (Smt. Hanufa Khatoon)- a Bangladesh national- who was raped at the Howrah Station, by the railway security men. The High Court awarded Rs.10 lacs as compensation.

The Supreme Court also held that the relief can be granted to the victim for two reasons- firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration of Human Rights, 1948 which has international recognition as the ‘Moral Code of Conduct’- adopted by the General Assembly of the United Nation.

In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:

1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted.

2. Legal assistance should be provided at the police Station, since the victim may be in a distressed state.

3. The police should be under a duty to inform the victim of her right to a counsel before being interrogated.

4. A list of lawyers willing to act in these cases should be kept at the police station.

5. Advocates shall be appointed by the Court on an application by the police at the earliest, but in order that the victim is not questioned without one, the Advocate shall be authorized to act at the police Station before leave of the Court is sought or obtained.

6. In all rape trials, anonymity of the victim must be maintained

7. It is necessary to setup Criminal Injuries Compensation Board with regard to the Directive Principles contained under Article. 38(1) of the Constitution of India. As some victims also incur Substantial losses.

8. Compensation for the victims shall be awarded by the Court on the conviction of the offender and by the Criminal Injuries Compensation Board- whether or not a conviction has taken place. The Board will take into account pain, suffering, shock as well as loss of earnings due to pregnancy and child birth if this accrued as a result of rape.

Recent Developments

In 1997, Sakshi, an organisation involved in issues on women and children, approached the Supreme Court through a writ petition asking for directions concerning the definition of rape in the IPC. Although the Supreme Court did not interpret the provisions of Section 375 IPC to include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vagina penetration, finger/anal penetration, and object/vaginal penetration within its ambit. Instead, the judges sought refuge behind the strict interpretation of penal statutes and the doctrine of state decisis - a view that any alteration [in this case, of the definition of rape] would result in chaos and confusion, it directed the Law Commission of India to respond to the issues raised in the petition. The Law Commission, under the chairmanship of Justice P. Jeevan Reddy, responded by saying that the 156th Law Commission Report had dealt with these issues. The Supreme Court, however, agreed with Sakshi that the 156th Report did not deal with the precise issues raised in the writ petition. In August 1999, it directed the Law Commission to look into these issues afresh. (Sakshi v. Union of India)

After detailed consultations with the organisations, the Law Commission released its 172nd Report on the Review of Rape Laws, in 2000. The Law Commission recommended changing the focus from rape to `sexual assault’, the definition of which goes beyond penile penetration to include penetration by any part of the body and objects, taking into account cunnilingus and fellatio.

The report recommended the deletion of Section 155(4) of the Indian Evidence Act, which would prevent a victim of rape from being cross-examined about her `general immoral character’ and sexual history. It suggested graded sentences, with higher punishment for rape committed by the relatives and persons in `trust or authority’, public servants, and superintendents, management and staff of hospitals. It introduced a new Section 376(E), which would include sexual harassment at the workplace.

The commission recommended shifting the burden of proof of consent to the accused. It suggested specific provisions that would deal with the medical examination of the victim as well as the accused by a registered medical practitioner. It said that girls who are victims of rape should be questioned only by a female police officer, in the absence of whom a qualified woman from a recognised social organisation should do the questioning. The commission suggested that the law relating to sexual assault be made gender neutral, that is, men and women can be charged with the rape of men, women and children. This meant that for the first time the sexual assault of minor boys was made prosecutable under the law. It asked for Section 377 of the IPC to be dropped, thus decriminalising sodomy.

However, the recommendations did not take into account marital rape. It raised the age of consent of the wife from 15 to 16 years, after which the woman is not protected from rape by the husband. It also continues to provide a window for Judges to reduce the sentence in case of convictions below the minimum sentence specified, as suggested by the commission which states: “Any number of situations may arise, which the Commission cannot foresee th Based on the Law Commission’s recommendations, the government enacted an amendment in the winter session of Parliament in 2002, which deleted Section 155(4) and inserted a proviso to Section 146 of the Indian Evidence Act, which means that a victim of rape can no longer be questioned about her past sexual conduct and her `general immoral character’..

Criminal Law Amendment Bill of 2005

The Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is based on 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 IPC and the relevant sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872. The recommendations are based on the national consultation on the issue organized by the national commission for women

· The major changes sought to be brought about through this amendment are substitution of existing section 375 of the IPC with the following:

“375.Sexual Assault: Sexual assault means –(a) The introduction (to any extent) by a man of his penis, into the vagina (which term shall include the labia majora), the anus or urethra or mouth of any woman or child–(b) the introduction to any extent by a man of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a woman(c) the introduction to any extent by a person of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a child.(d) manipulating any part of the body of a child so as to cause penetration of the vagina (which term shall include labia majora) anus or the urethra of the offender by any part of the child’s body;”

Similarly, Amendment, 2005 brought forth many changes in rape laws, especially related to detailed procedure of examination of victim and accused both by inserting new sections: 164-A, 174 (1A), (b), and 53-A (a) CrPC, and made it clear that in addition to physical examination, it also shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the RMP thinks necessary in a particular case. Section 174 (1A), (b), CrPC inserted to make mandatory inquiry by the Judicial Magistrate in cases of custodial rape and murder cases.