Legal Insight. Business Instinct.

Month: May 2021

General Article

What Are the Different Types of Criminal Law Cases?

What Are the Different Types of Criminal Law Cases?

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.…

General Article

Proportionality of Crime to Punishment: An Eighth Amendment and Due Process Approach

Proportionality of Crime to Punishment: An Eighth Amendment and Due Process Approach

In 1991, Harmelin v. Michigan, the United States Supreme Court held that a sentence of life imprisonment without the possibility of parole for a serious felony is constitutional under the Eighth Amendment. During the case, the Supreme Court members heavily debated whether or to what extent the Eighth Amendment requires proportionality. Some justices argued that the Eighth Amendment has no proportionality requirement for the length of prison sentences, while others believed that it had some degree of proportionality.

The Eighth Amendment clearly states that “excessive fines” are prohibited. That implies that the Eighth Amendment requires a degree of proportionality between the nature of the crime and the fine issued. However, the Eighth Amendment allows says that “cruel and unusual punishments” may not be inflicted. The Amendment never states whether it is cruel and unusual to punish a less culpable class of persons, innocent people, or people who commit certain types of crimes. It simply states that the punishment cannot be “cruel and unusual.” Setting someone on fire as punishment is clearly both cruel and unusual. This punishment hasn’t been used in the United States in a long time and it is known to inflict a large amount of pain and suffering. Executing children can also be viewed as cruel and unusual since children are less developed than adults and children are not frequently executed. We often punish juveniles differently from the way we punish adults. However, there does not seem to be a clear proportionality argument stemming from the Eighth Amendment. The Eighth Amendment seems to provide more of a maximum allowed punishment for a particular class of people.

In pre-colonial England, many crimes were punishable by death or other severe punishments. States have previously introduced the death penalty for non-homicide crimes such as rape. Treason can also be punishable by death even if no deaths results from it.

In my opinion, the Eighth Amendment would prohibit the punishment of people who have not committed a crime or had no requisite state of mind to commit a crime. In addition, I believe that the Eighth Amendment limits the punishment toward certain groups of people such as the mentally ill and juveniles. However, I think that pure proportionality should stem from the Fourteenth Amendment.

In 1996, in BMW of North America, Inc. v. Gore, the United States Supreme Court relied on the Fourteenth Amendment and held that excessive punitive damage awards violate substantive due process. Likewise, the proportionality of the crime to the punishment should be examined under the Due Process clause. There are many goals to punishment and varying views on the harm of crimes to society so proportionality is subjective.

To solve this problem, I would recommend dividing crimes into categories: petty crimes punishable by a maximum of six months imprisonment, crimes punishable by a minimum of six months imprisonment and a maximum of life imprisonment, crimes punishable by mandatory life imprisonment, and crimes punishable by death. Each crime would have to be proportional to such category. Otherwise, it would violate substantive due process. Factors to evaluate in each crime may be: (1) the degree of reprehensibility of the defendant’s conduct; (2) the amount of harm the defendant caused to both the victim and society; and (3) the reversibility of the harm particularly through the defendant’s future actions such as restitution to the victim(s).

In other words, the punishment has to be “grossly disproportional” to the crime committed. Creating more categories has no legal basis and should be left to democratically elected legislatures to decide. Under this reasoning, the ban on “excessive fines” also stems not only from the Eighth Amendment also from the Due Process Clause.

The Eighth Amendment and Due Process Clause work together. For example, the Eighth Amendment may not forbid requiring someone to wear a shirt saying “I steal mail” as punishment for stealing his neighbor’s mail. However, requiring someone to wear that shirt every day for his whole life may violate substantive due process.…

General Article

How to find what’s trending on social media

Finding trending topics on social media can be an important tool in keeping your brand ahead of the competition. It can give you a better understanding of your audience and allow you to create interesting, relevant content.

Only a generation ago, keeping up to date with the latest topics was a pretty simple task.  You picked up your daily newspaper or watched the evening news on TV. The explosion in information and communication channels mean it’s not quite so simple nowadays. Check trending clothes stores reviews in US here

Trend monitoring is important for any business. For marketers and community managers, joining a conversation on time means you are able to add something to the conversation. There may be trends within your industry that dictate product development.

Finding these trending topics on social media rather than looking elsewhere is simply the quickest way to discover conversations as they happen, and before they move onto other forms of media. Check us-reviews.com for trends on fashion.

Thankfully there are several methods for uncovering the very latest trends on social media;

1.  Quora

Quora provides its members with personalized information feeds while encouraging them to answer questions in their areas of expertise such as fashion, finance, sports etc. The main mission of the company is to share and grow people’s knowledge by creating a massive database of questions and answers.

You can browse the Top Stories feed on your home page to see some of the most popular Quora topics and content. Also, you can search for specific keyword phrases and look at the most popular content (according to “upvotes,” comments, and shares).

2.  Google Trends

Google Trends can help you find trending searches and the most popular searches in a wide range of categories.

You can search by region for a specific topic or the time it was searched to find the recently trending searches. The good thing about Google Trends is that the information is based directly on search, which makes it great for coming up with organic-traffic-driving content.

3.  Sprout Social

If you are looking for a platform to find out about relevant social media management features such as CRM, engagement, helpdesk, monitoring, analytics, publishing, collaboration, and mobile, then there’s no better platform than Sprout Social.

The difference between Sprout social and other platforms on the list is that it will require a paid subscription. However, it will give you access to real-time post scheduling, brand monitoring, drafting, publishing, analytics, drafting, and comprehensive reporting on different niches.

4.  Reddit

Reddit is a superb platform that has its version of trending topics. There are of course a few things here that you’ll find silly however the platform does have some content that will give you a good idea of what’s trending in the fashion culture.

5.  YouTube Trends

YouTube today is the second most popular search engine after Google and this makes it a great source to publish and consume content.  On YouTube you can find perfect trending topics on sub-categories like movies, music, news, gaming, and fashion. You can also find trending topics in specific areas if required.

6.  Pinterest

Though there are a couple of industries that benefit from Pinterest more than others, the portal shares with the audience the monthly trending report which can prove to be extremely helpful for the advertisers and the marketers.

General Article

Rehabilitation in Criminal Law

Rehabilitation in Criminal Law

In short and plain terms, rehabilitation basically means the path to restore a criminal to a useful existence in society. This path is often paved with hundreds of hours of therapy, pertinent education and more.

To truly restore a perpetrator to good condition so he or she can operate efficiently in the real world again requires time and a lot of analysis. The right decisions need to be made from the start with regards to the proposed rehab plan. The main assumption made by the advocates of rehabilitation is that a person is not criminally inclined for life, and that it just takes the right process or processes to straighten out the mind of the convicted person.

The main purpose of rehab, then, is to prevent the recurrence of a crime that has previously been committed. This prevention of habitual offending is the cure that is likely to allow the state in which the convict is situated to present the man or woman back to society with a confident outlook. Being able to once again contribute to himself or herself as well as the greater society is the achievement that is to be expected (or at least hoped for) after lengthy rehabilitation schedules.

Where does punishment fit into all this? There are two schools of thought on this note. The first is that certain punishment, such as community service, probation orders and any other forms of punishment are complementary to the rehab plans ordered by the court and sanctioned by the state.

The other side of the coin is the exact opposite. It could actually be bad for the convicted person to be subjected to a lengthy jail term that is much longer than the schedule for rehab. Think about it – the likelihood of a prisoner coming out of a penitentiary after 15 years in confinement with rosy cheeks and a smile on his face is pretty slim, isn’t it? More likely, he has it in for society now, no longer being on the same wavelength as the people in the real world he left behind many years ago. This is the danger of long prison terms for non-violent crimes. For violent offenders, the longer the jail time the better – at least this is how many people see it.

For more information on rehabilitation law, check your local library for your city’s past criminal cases and the resultant jail terms and rehab schedules. This will be the best resource to understand the law in your local area.…

General Article

The Job Of A Criminologist

The Job Of A Criminologist

The criminology jobs are often offered to graduates who have completed their studies of crime and law in accredited institutions, either the Bachelor’s degree, Master’s or the PhD level. Of course, the higher level you achieve, the better and more working opportunities will be available. Criminologists often work around explaining theoretically the delinquent, aberrant and criminal behaviors portrayed among the social communities. It is their primary task to investigate the crime and criminal law by analyzing criminal endeavors and the illegal methods used by criminals to break the law.

The criminologist career is one that is branched into several types and levels of law enforcement agencies to construct behavior profiles for some specific crimes. The agencies are also responsible in garnering criminal information, especially the crime rates statistics. They cover also the job of analyzing larger criminal justice scheme, its processes and investigating crimes. Criminologists can expand their career paths in these fields: judicial, rehabilitation, forensics, counseling, women’s studies, retail investigation, intervention programming, research and policy studies, law enforcement, youth programming and counseling, medical investigation, corrections, teaching, insurance fraud investigating and prevention and diversion programming.

There are diverse courses required in the study of criminology, including juvenile delinquency, government, introductory psychology, criminal law, sociology and criminal theory. Besides, criminology jobs also require the knowledge in corrections, forensics, statistics for the social sciences and business, and abnormal psychology. It is more preferable for graduates to take up part-time jobs related to prisons and criminal system to have wider information regarding criminology. Students should also equip themselves with the basic knowledge of logic, writing and computer science.

The horizon of the criminologist career is not at all narrow. It revolves around some computational work, report proofing, providing catalogue information about the crimes, proposing improvements for the use of resources, analyzing the crime causes, conducting data collection and compiling crime statistics. There are also criminologists who are directly involved in attending crime scene investigations and autopsies to seek information and evidence to investigate the crime.…

General Article

How A Violent Crime Attorney Can Help Resolve Cases Before They Are Brought To Court

How A Violent Crime Attorney Can Help Resolve Cases Before They Are Brought To Court

Not everyone who has been accused of violent crime is guilty of committing it. Many times, individuals have been thrust into court trials with little justified reason. It is the job of a violent crime attorney to ensure that their clients are treated with more respect and discretion.

A competent, trustworthy criminal law attorney can help an accused individual fight his case even before it goes to court. Court trials can be incredibly messy, not to mention convoluted, time-consuming, and detrimental to one’s reputation. Clients can save themselves from the stress and social stigma if their defense lawyer can help them prove the soundness of their defense early on. This can be done through pre-file investigation.

Pre-file investigation is the stage wherein the criminal defense attorney represents the client in an early stage of the criminal process, before formal charges are actually filed by the prosecutor. During this stage, the violent crime attorney can utilize a variety of resources to gain information and evidence to support his client’s defense. The defense lawyer may look up on police investigations, direct public records searches, or consult with psychological experts, polygraph testers, forensic investigators, computer or Internet experts and other authorities.

The main objective is to prevent the criminal complaint from being filed and brought to court. There are two ways to achieve this: the defense attorney can either bolster his client’s credibility or discredit the victim’s accusation. The client’s credibility can be backed up by disclosing favorable private polygraph results or by presenting reference letters from trustworthy parties such as community leaders, religious leaders, teachers or friends. Defense lawyers may also attack the complaint credibility of the victim by uncovering unsubstantiated allegations against others made by the victim or by introducing witnesses to question the reputation and truth of the victim’s accusation.…

General Article

Does a Criminal Offense Give My Child a Criminal Record?

Does a Criminal Offense Give My Child a Criminal Record?

The parents of children charged with criminal offenses immediately worry if their child will have a criminal record as a result of the charge. Honestly, there is no simple answer to this question, as each case, circumstances, and results are unique, and all of these factors play a part in answering that important question.

Parents who find themselves in the difficult position of helping their children through the complex family court judicial system have the great responsibility of obtaining the best representation they can for their child as they go through the court procedures. Sometimes, choosing the right criminal lawyer can mean the difference between a permanent criminal record, a juvenile record, or an expunged record, and that difference can be a seriously positive or negative turning point in the life of a child.

As every adult knows, the turbulent teenage years are full of memorable events, some that you look back upon fondly, others that make you grimace. Making a wrong decision during this tempestuous time can result in a court case and consequences that will last a lifetime for everyone involved. Not only is it important that parents and children know this, it’s also important to know that if a wrong decision is made that results in a court case, they are not alone.

There are specialized attorneys who know the complexities of the family and juvenile court system, who have stood beside families in troubled times and helped them and their children make the best out of a difficult situation. Just as there is an expert DUI lawyer out there for those who find themselves in a DUI citation situation, and a diligent workers compensation lawyer out there for those injured on the job, a dedicated defense attorney is here available for you and your family, to help you get through your child’s court case.

For parents who are wondering about their child’s possible criminal record, it is best to consult a qualified, experienced, and knowledgeable criminal defense attorney with a specialization in juvenile cases. Sometimes, on charges of lesser severity, a child can go through a diversion program, which handles the issue outside of a courtroom.

In other cases, depending on the seriousness of the charges, the records can be sealed or destroyed after a certain amount of time has passed and the individual has not had any subsequent charges. In other cases, it may be possible to have the child’s case expunged, or erased. In the most serious of crimes though, a child may be charged in adult court, with adult criminal record, procedural, and sentencing consequences. Again, each situation involving a juvenile is unique and will be treated so by a professional defense attorney.

If your child is involved or charged in a criminal matter, please contact a competent law office to learn more about your state’s juvenile laws and how they pertain to your child’s situation. A good lawyer will help you make sure your child receives the fairest treatment possible by the court system and help you understand your role in this challenging situation.…

General Article

How to Find the Best Criminal Law Solicitor For Your Case

How to Find the Best Criminal Law Solicitor For Your Case

Criminal law solicitors can deal with a wide variety of criminal offences such as serious crimes (e.g. murder), drug offences (e.g. possession and supply) and money laundering.

If you are accused of committing a criminal offence it is important to have the support and knowledge to help you through what can be a difficult time. It is therefore important that you find a criminal law solicitor who not only understands the area law of you are charged with but who can also support you through each stage, whether it be a police station interview, appearance in the Youth Court, Magistrates’ Court, Crown Court or at the Court of Appeal.

Choosing the right criminal law solicitor for your case is an important task, as you do not want to be represented by someone who does not fully understand the areas of law you are charged with. You may also need to work closely with the solicitor so you will need to make sure that you can form a professional relationship with them. So to find the right criminal law solicitor for your case you may want to do some research.

First you should find a number of specialist criminal law solicitors firms that are local to you, and a few that are not – your preferred search engine should help you out here. Look through their websites and check that they can help you with the area of law you are charged or being investigated with. You may also want to do some further research by seeing if they’ve been mentioned on any other sites (such as review sites), however you may find that there is not much extra information out there because criminal law is a very private and confidential area of law.

After some research you should have narrowed your list down to a select few firms. The next stage is to give the firm a call and ask to speak to someone who can help with your enquiry. The solicitor or advisor may be dealing with a client or possibly be at court, and therefore unable to speak, so ask if you can arrange a telephone appointment at a more convenient time. This may also be a good time to ask about any costs that are involved, you may be entitled to Legal Aid.

Pick a criminal law solicitor who you feel comfortable talking to, you may have to spend a lot of time with them going through your case details so you need to feel at ease when talking about the case. An experienced and skilled solicitor will also help you feel comfortable in a very tense and stressful environment when it comes to police station interviews or court proceedings.

If you do find yourself facing criminal proceedings, it is not recommended that you handle the case on your own. Many issues can arise during the proceedings which only an experienced criminal law solicitor can deal with. There are many criminal law firms that can help you and make sure you get the best possible chance of defending yourself against the accusations you may face.…

General Article

What are Performance Conversations and how to do them properly?

Every workplace has its own signature. Sometimes, managers and employees are not on the same page and they need to be put on track to make the work flow as better as possible. To do this, professionals must set up meetings and lead the conversation to achieve the best workplace performance.

These talks are not always easy. Most employees won’t be happy to open up and share their opinion as they think that might pose a threat to their position. Managers on the other hand are getting into the room with their ego and higher position, and this can become exhausting and futile.

That’s why a performance conversation should be done professionally. In this article, we’re talking more about what it is, how it is done, and what is the outcome from it. Follow up if you want to know more about this process.

What is Performance conversation?

By definition, performance conversation is an attempt to talk out problems and make work flow as better as possible in the workplace. It can be done with more people at once or as a one on one session. Learn more about it here.

Professional coaches are leading the conversation, and are trying to get out the thoughts of the people involved in the situation. This is not a method for employees alone, but for management too. For the business to run smoothly, everyone must perform on the highest level possible.

1. Individual approach is key

There are no two exact people by any meaning. Some have one personality and others have another one. It’s completely normal and we can’t expect everyone to fall under the same pattern.

What we should do is adjust our approach toward employees to find out how to make the best out of them. We need to prepare for them by studying their resume, their behaviour, and only after this, we can find the best approach. No two people are the same and we can’t address everyone with the same tone.

2. Listen just as much as you’re talking

Trying to convince someone about changing some of their habits is not easy. This can’t be done by simply explaining the rules and showing what needs to be done. Sometimes the problem is in people not expressing themselves, so we need to learn how to keep our mouths shut when others talk.

Listening to people is often enough to make them feel better, retrieve their faith and loyalty. They might need a friend and someone to tell them their problems. So, listen just as much as you’re talking. You might learn a thing or two.

3. Don’t provide feedback immediately in all cases

All experts suggest waiting a while in most cases. When people have these performance conversations, they often don’t want to hear solutions right away. They are not feeling themselves at the moment and it’s best to wait until the storm passes.

Instead, you can call them after a few days and finalize the talk. Explain to them what you think and what the situation is. They will be much calmer then instead of the moment after the tension was building and boiling for an hour.

In other cases, however, it’s best to spill out your thoughts instantly. This is going to make a much greater difference than waiting to cool things. It all depends on the mentality of the employee and what will be better for the company.

4. Always be honest

There’s no other way than this – always be upfront and honest. Always say what must be said and don’t feel sorry for employees’ feelings. This is only going to make things worse. Instead, tell them what they need to hear because this is the only way to solve things.

Sometimes brutal honesty is what people need. Others – it’s a tap on the back. The expert should be the judge of that and do what they think is best. Read this article to see why it’s crucial to be honest: https://smallbusiness.chron.com/honesty-important-business-22624.html.

5. Set goals

Before starting the meeting, and while talking, always set goals. Think and talk what is the primary objective of the company and what everyone must do to get that goal. When you both agree on what is needed and who needs to up their game, everything’s going to be easier.

6. Follow the progress

One final, but crucial thing is to follow the progress of the employees you’ve been talking with. These conversations are often not easy, especially when the truth is not something they want to hear. After the conversation, they will make or break, but either way, it’s good for the business.

Follow their work and ask them again after a while for another chat. See how satisfied they are, and are things going …

General Article

In Criminal Law How Does the US Rank on Justice?

In Criminal Law How Does the US Rank on Justice?

It seems as though the world media, and many of the members of the United Nations are constantly pointing their fingers in an unflattering manner towards the United States of America. Maybe it’s time we hold up our mirror and make them look in it. Over the years, I’ve read a number of research studies, often coming out of Europe, and from socialist nations mind you; they say that the United States is lacking in all sorts of things from education to environmentally friendly businesses, and from wealth to our criminal justice system.

And yet the same nations will not condemn some of the worst abusers on the planet. Some of these nations that are pointing fingers at the United States will not even join the United Nations in a common cause of liberty, freedom, and democracy. These same nations, and their academics put out research papers trashing the United States, but we are always the first person that they call when they would like to see money diverted to a poor nation.

Yes, they call upon us to help give money to the IMF, the World Bank, or some giant NGO to help a poor nation, on their behalf. But when it comes time for them to put up their money, it isn’t there. And yet where they place the blame? You see, it concerns me very much. There was an interesting article recently in SpaceWar titled “Rule of Law Index Finds Faults in China, Russia, US” by Staff Writers in Washington DC published on June 13, 2011. The article stated that the yearly Rule of Law Survey has concluded that;

“It sees weak protects for fundamental rights in China, ‘serious deficiencies’ in Russia, and problems with discrimination in the US, Sweden and Norway scored highest on the World Justice Project Rule of Law Index, which ranks countries on such key areas as whether the government is held accountable, there is access to justice, rights are protected and crime and corruption is prevented.”

The US did well on most of the survey, however the purveyors of this highly political piece and report claimed there was still work to do on the gaps between wealth and poverty with regards to access to fair treatment and “a general perception that ethnic minorities and foreigners receive unequal treatment from both the police and court systems.” Hey wait a minute, it is just amazing, that all of these studies put out by socialist nations trash the United States like this.

What gets me even worse, is will we have a neo-liberal-socialist political action committee law firms which poses as a neutral nonprofit group stating that the United States is lacking. It’s not, in fact it’s the other way around, we have too much political correctness, and we are not using common sense to keep our great nation what it is. And the reason this nation is great is that we have some common sense left, we don’t need to move in the other direction. Indeed I hope you will please consider all this and think on it.…