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Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers

Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers

The Constitution of the United States guarantees specific basic rights to citizens arrested or questioned by law enforcement. Some of the basic rights include the right to have a legal counsel, the right to remain silent, etc. You need to know your rights as enshrined in the Constitution. Below are some specific rights you should know in the face of criminal investigation:

The Right to Remain Silent

No person is obliged to talk to police authorities when interrogated concerning a crime. You should NOT give any statement, but politely provide your name and give your driver’s license if requested. The Fifth Amendment as well as the Miranda decision of the Supreme Court protect American Citizens. When you are arrested for a criminal offense, anything that you say to the arresting police authorities is likely to be used against you in court.

The Right to Counsel

This is another important right you should not forget when you face criminal charges. The Sixth Amendment guarantees you the right to counsel by an attorney prior to being questioned by the police. Retaining a lawyer, whether a private attorney or a public defender,if you cannot afford one, is critical prior to making any statement to the police.

The Right to be protected from Unreasonable Searches or Seizure

Unless a police officer shows you proper credentials and a search warrant, you should not allow any form of search to be conducted on your body, property and car. The Fourth Amendment keeps you from unfounded searches and seizures. If a police officer shows you a warrant, you must ask to read the content of the papers before allowing them to conduct search. It is also better to ask the police officer if you may watch as they conduct the search and to call your attorney prior to the search.

The Right to Due Process of Law

This specific right guarantees you to have a fair trial or fair trial and that specific rights and/or privileges shall not be taken away from you.

The Right to Speedy and Public Trial

A speedy public jury trial is guaranteed by the Sixth Amendment, unless you request a bench trial. The right to a speedy trial in the U.S. makes sure that defendants do not spend an unreasonable amount of time in jail prior to a public trial. Infringements of the speedy trial rule may result in a dismissal of the criminal charges.…

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Law – Blue-Collar Crimes

Law – Blue-Collar Crimes

What separates blue-collar crimes from white-collar crimes? The answer lies mostly in societal positions and ranks. Blue-collar crimes are associated with individuals from lower class society, where as the white-collar crimes are committed by those with a higher standing in society.

A lot of the distinction comes from the range of opportunities presented to the would-be criminal. Every potential criminal is limited by their opportunities in the end – the ease with which a crime can be committed; some have access to a lot more resources that are not theirs but can be taken advantage of. These white-collar criminals have it differently than their blue counterparts. For somebody with no access to huge resources of money and stocks, the crime is automatically rated and categorized with the blue-collar types. In these cases, violence and other cunning is employed where lack of immediate access to funds and such is not available.

Stealing inventory from a workplace and other crimes of similar nature are unlikely to be the blue-collar guys, though, their crimes are much more likely to be reported as violence is more commonplace, and the distress to victims is obvious and measurable. Corporate crime has victims, but the effect is not always recognized, and this is why it’s hard to regulate and truly see the full extent of. In these situations, skill and cunning instead of force is usually preferred, and it gives those in higher societal standing an unfair advantage of being able to commit crimes and get away with it, when the poor person who steals for very different reasons (to eat, to pay rent, etc.) is committing the same or a similar crime for hugely different reasons. This is where the grey area exists.

Police are always being assigned in more numbers to the blue-collar areas of cities to stamp out violence and other crimes, but watchdogs for corporate offices and facilities have very limited involvement and rely on insiders to dish out dirt on companies in exchange for small rewards. This again makes it hard for the same observation to take place, and creates an environment that preys on the less fortunate while ignoring those who steal not to live, but to increase their already-comfortable lifestyles. Until this trend is addressed, the statistics will be skewed and many illegal activities will continue to go on unreported and unaddressed. Is this really what we want in this day and age?…

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Zero Tolerance

Zero Tolerance

Zero tolerance is a law passed by the government stating that any individual under the age of 21 must not drink and drive. Even just a glass of beer prohibits a minor from driving. If he or she still drives after drinking, the minor in question violates the law and therefore subject to punishment. It does not matter whether the minor was physically impaired upon drinking or not, the law clearly spells out that drinking and driving for minors are totally prohibited. That is what you call zero tolerance.

The government is not to blame for releasing a law such as zero tolerance. Car accidents are becoming more and more rampant so they need to pass a law in order to minimize it. It is considered illegal for minors to even buy alcoholic drinks, much less drive under the influence of it.

There are two components of the zero tolerance law that minors should take note of in case they get charged for it. The first component is called Illegal Per Se Laws. The law prohibits a driver to drive a motor vehicle if he or she has an alcohol concentration on his or her blood at a specific level. For those 21 years old and above, driving with an alcohol content of over point zero eight could spell trouble. If you are a minor, those individuals falling below 21 years of age, even as little as 0.01 or 0.02 alcohol concentration level will mean breaking the zero tolerance law.

The second component is the Administrative Per Se Laws. Through this law, the licensing agency has the right to revoke a driver’s license when found guilty of driving under the influence.

Promoting the zero tolerance law is essential to keep kids off alcohol in such a young age, to protect them from car accidents and to protect other people on the road that they can collide with. For the states that already enacted the law, reports say that nighttime fatal crashes that involves underage drivers already went down by 16%. As for those states who have yet to enforce the zero tolerance law, their fatal crashes went up by one percent.

For the law to be fully effective, information dissemination is very important. How can people follow it if they have no idea that such a law exists? The government is doing their job getting the public informed through education and media attention. Public service announcements are already in place in some states placing it on the radio, television and on newspapers. There are also printed materials being distributed in schools as well as videos that show information on the zero tolerance law.…

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How to Fibonacci retracement tool like an experienced trader

Trend trading strategy is by far the most effective way to make a profit in the Forex market. If you want to succeed as a retail trader, you must learn to evaluate the important market details from the start. As you gain more experience regarding the basic art of trading, you will start to realize the importance of trend trading strategy. The novice traders often think that they can’t make significant progress in their life in the CFD trading business. But this is absolutely wrong. Learn to trade with the trend and use the Fibonacci tools to find the perfect trading zone. This will boost your confidence level and let you trade this market just like a professional trader.

In this content, we will give you some amazing guidelines which will allow you to trade with the major trend like a pro trader. Let’s dive into the details

Drawing the retracement levels

To draw the Fibonacci retracement levels, you have to find the swing high and low. For that, you need to use the daily time frame. If you rely on the lower time frame, you will never find reliable trade signals in the market. Thus you will be losing money from most of the trades. To protect your trading capital, develop your patience level to trade the higher time frame. Once you have identified the critical swing highs and lows in the market, you should be looking for reliable trade signals and take your trades in a very strategic way.

Use the price action signals

After finding the retracement levels in the market, you should be looking for reliable price action confirmation signals. Visit this page and learn more about the price action trading strategy. As you become more experienced by using the price action trading strategy, you will become more confident with your actions. Never expect to win most of the trades while doing the data analysis. Price action traders also lose money on regular basis. But if you integrate the price action trading strategy with the Fibonacci trading method, you should be able to get much higher success.

Avoid trading during the news

Being a Fibonacci retracement trader, you should avoid taking the trades during the major news release. If you take your trades during the high-impact news, you will keep on losing money most of the time. Thus you will become frustrated with your actions and eventually quit your trading profession. To survive in your trading business, you have to know about the economic calendar. Based on that you should take your trades. Once you blend your Fibonacci trading system with the fundamental factors of the market, you will become much more confident with your trading system.

Change in the trend

If you use the Fibonacci retracement tools for a long time, you will often see the trend gets changed. When the price breaks the 61.8% Fibonacci retracement level, it becomes clear that the price of that asset has broken a critical level. So, you should be expecting a major change in the trend. Those who have strong knowledge about the price action trading strategy may use the break of the 61.8% retracement level to trade the reversal. While trading the major reversal, they should take their trades in a systematic way, and only then it will be possible to make a consistent profit.

Lower down the risk

After learning to use the Fibonacci retracement tools, you should trade with low risk. Never expect to make a consistent profit by mastering the Fibonacci trading strategy. At times, you will have to deal with the losing trades. So, take 1-2% risk in each trade as it will make the overall trading process easier. Once you follow the safety protocol at trading, you will no longer have trouble in dealing with the critical market dynamics and thus you can make a consistent profit.…

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Is the Law on Diminished Responsibility Satisfactory?

Is the Law on Diminished Responsibility Satisfactory?

Voluntary manslaughter, as established by the Homicide Act 1957, is determined by three sections: diminished responsibility, provocation, and suicide pact. These are all known as partial defences meaning that they do not give full acquittal of a sentence they only shorten that of murder to manslaughter. Diminished responsibility is established by Section 2 of the Homicide Act which states that “Where a person kills or is party to a killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind as substantially impaired his mental responsibility for his acts and omissions in doing or being party to the killing.”

It may be used as a defence to murder if the defendant can prove an abnormality of the mind, if, for example, the defendant is an alcoholic, or has a mental condition as in Byrne (1960), where the defendant had uncontrollable sexual desires. The defence is that the defendant does not have the necessary control over their actions, when compared to a reasonable person. Diminished responsibility has been criticised for a number of reasons, the very term ‘Diminished responsibility’ has been criticised by authorities such as the Butler Committee, who say that it is ‘not a medical fact relating to the accused’. There are also many other areas which makes this area of law controversial as I will be discussing.

Abnormality of mind covers a wide range of situations and was describes by Lord Cj Parker in the Court of Appeal in the case of Byrne (1960) as “a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.” In Byrne (1960) the defendant who was a sexual psychopath, strangled to death and then mutilated a young woman. He was convicted of murder but the Court of Appeal felt that his condition came within the definition of diminished responsibility and so his conviction of murder was substituted for one of murder.

The main problem was that the medical experts had describes Byrnes condition as amounting to ‘partial insanity’ and the Court of Appeal had approved of this. However, in Seers (1984) it was held that comparisons with insanity are not helpful and should be avoided. In this case the defendant stabbed his estranged wife and claimed diminished responsibility on grounds of chronic reactive depression. The trial judge directed that for the defence to be successful Seers had to be bordering on the insane. He was found to be bordering insane and as a result his so his conviction of murder was substituted for one of murder.

Another problem with the law on diminished responsibility is that diminished Responsibility covers a wide range of mental conditions such as paranoia and epilepsy. Some conditions have been known for years, but some of the conditions have been recognised more recently such as ‘battered woman syndrome’ which was demonstrated in the case of Hobson (1998). In this case the defendant stabbed her alcoholic and abusive partner to death in 1992, during an argument. At the trial she claimed that she had acted in self-defence, and there was a subsidiary issue on provocation. Diminished responsibility was not specifically raised and the defendant was convicted. She appealed on the grounds of diminished responsibility based on battered woman syndrome which previously was not regarded as abnormality of mind until 1994. The Court of Appeal allowed the appeal and ordered a retrial. The problem with this area of law is that some conditions are not regarded as abnormality if mind until later on and so the development on this area of law is very slow which leads to people who have a genuine condition being punished for something they had no control over.

The Abnormality of mind must be caused by one of the matters set out in the brackets within section 2 (1) of the Homicide Act 1957. These are: a condition of arrested or retarded development of mind, any inherent cause, induced by any disease or injury. Inherent cause means one which comes from within the defendant, as opposed to an outside factor and it does not have to be permanent. The important point is that there must be medical evidence given at the trial, of an abnormality of mind arising from one of the specified abnormality of the mind has to be such as to substantially impair the defendant’s responsibility for his actions. In Lloyd (1967) it was held that ‘substantial’ does not mean ‘total’, nor did it mean ‘trivial’ or ‘minimal’. It is something in between and it is up to the jury to decide if the defendant’s mental responsibility was impaired and if so, was it substantially impaired? In seers (1984) the court also considered the phrase ‘substantially impaired’ and …

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The Objectives Of Criminal Laws

The Objectives Of Criminal Laws

Criminal laws were made to make a better system in our government. Through these laws, people may tend to act accordingly and perfectly to what the law will tell them to do. It will help them not just to have discipline but also by exercising these activities, they can have a life that’s free and right. That’s why we should be thankful that certain criminal laws are made, because of these stuffs we can have a better life without danger and harm. Of course, in order to have them effectively working in a town, local or even the whole country, we must first know the objectives of those laws.

Retribution. The criminals commit mistakes and because of that they are obliged to pay for what they have done. They did something bad to other people that lead to hurts and worst death of some, so they need to experience some disadvantages of it. This is the most obvious goal of these laws, to make pay those who need to pay.

Deterrence. There are two kinds of deterrence the personal and general one. This is that goal where they want to show the criminal that he has done something really wrong and that a penalty will be imposed to him, this is the personal category. This will help him to avoid himself from doing this again, it is like these laws will make the people learn from their mistakes. While the general category will be a warning to all people not to do what that criminal has done or else they will also experience the same thing.

Incapacitation. This is one of the most popular goals that these laws have achieved. It was designed to simply keep the criminals away from the society and from other people. Imprisonment, being in jail and even death penalty are just some of the examples of this incapacitation. It became very effective since it also scares people not to certain crimes that will surely bring them to jail because they don’t want to be away from their family and from the free life that they are having right now.

Rehabilitation. This aims in transforming a criminal to admit his mistakes and have that willingness to change and be renewed again. It is very popular for those who are alcoholics that they don’t can control it anymore that they can already try to drive under the influence of alcohols. With these cases, the will be rehabilitated in order to help them control themselves from these addictive stuffs. Also, the help of a DUI attorney in Michigan or in other towns will be needed for some legal matters.

These goals are made in order to check if these criminal laws will be effective or not. This is their way of measuring the results of their actions regarding to these crimes. In line with this, every one should still remember that even without these goals that will remind us about what to do or not, let’s still all be good to one another and never commit crimes.…

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What Can The Truck Accident Lawyer Do For You?

It is always very important that you find an experienced, skilled, and completely reliable truck accident lawyer because this will drastically influence your life. Skilled truck accident lawyers Wilkes Barre are capable of quickly gathering evidence that will be vital for proving the claim and will even do wonders when it comes to arranging medical care for victims.

Following the accident, hire a truck accident lawyer as soon as you can. When you cannot do this because of your injuries, discuss it with a family member so that inquiries can be started and the search for the attorney is as fast as it can be. To highlight why this is so important, here are some ways in which the lawyer will be a difference-maker.

Gathering Liability Evidence

The case often involves violations of regulations and several other things that are completely unique to accidents involving commercial trucking. There are so many complicated laws that have to be navigated and the truth is that you most likely have no idea what is relevant evidence and what is not.

You need a truck accident lawyer in your corner since he knows all the laws and can build a very strong case by gathering the best evidence possible that is capable of proving liability.

Many drivers make the mistake of thinking that the police are going to conduct a fair and complete investigation. This rarely happens because of the complexity of truck accidents. One of the main reasons why you want to hire an experienced truck accident attorney is that he will always gather evidence and will make your case stronger.

Understanding How Severe The Accident Was

You also want to hire a truck accident attorney because it will make it easier to properly assess your injuries. It is often seen that victims do not get the medical examination that they need. The attorney will make sure that you are checked out properly so that all the injuries can be detected.

Since truck accidents are serious, you might need specialized medical assessment. This could include MRIs, x-rays, and even examinations handled by specialists (for instance, orthopedic doctors).

A qualified attorney will make sure you get absolutely all the tests you need and the care that you should receive following the trucking accident.

Settlement Negotiations

The last important reason that should be highlighted is that the truck accident attorney will fight hard for you so that you can receive the correct settlement. Keep in mind that in many cases the insurance firm will try to offer a fast settlement. That settlement is usually a lot smaller than what it should be. Basically, you are bullied into inappropriate compensation because you have no idea how to negotiate a better deal or you do not know what is appropriate, according to state laws.

Whenever you want to negotiate a settlement with an insurance company, the help of an experienced attorney is priceless. In fact, the simple presence of the truck accident lawyer will force the insurance adjuster to offer better deals because they know they cannot lowball deals.…