War Hero or War Criminal, Who Decides?

Criminal Intent Episode - War Hero or War Criminal, Who Decides?

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law & order ci-lost without each other

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[ - Stop the War in Afghanistan Protest 13/07/2009 Downing Street LONDON with Charlie Veitch - ]

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Simply The Best!

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USA network

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How Is A 1963 Half Dollar Coin Valued

Law And Order Episode Guide - How Is A 1963 Half Dollar Coin Valued

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Between 1948 and 1963 the silver half dollar was known as the Franklin Half Dollar and on one side could be seen a photograph of Benjamin Franklin and on the reverse side was the freedom Bell with a small eagle. At the time of it first being minted this coin was required to have a small eagle to the right of the freedom Bell by law. But what is ironic is that Benjamin Franklin nothing else but opposed the use of the eagle as the Usa's national sticker and would have favorite that they turkey (a more noble bird) was used instead.

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Then in 1963 the coin was changed upon the death of John F Kennedy the president at that time he was assassinated. But what is the 1963 half dollar coin value and how is it calculated. But the value of this coin changed also because the value of silver had risen in the middle of 1962 and 1963 and as this coin contains such a high estimate of silver compared to those that were minted in 1964 and onwards.

In the beginning the 1963 half dollar coin was being hoarded by many people for sentimental reasons (as a reminder of a Us President who was truly loved) and also because they were the only high-priced metal Us coin that remained in circulation at the time.

At gift the 1963 half dollar coin is worth nearby .8141724190 and this relates to its rounded silver value. In order to reach this value a coin dealer will use the following equation. First they will need to get hold of the newest metal prices which at gift are .31 an ounce for silver and .1256 an ounce for copper. They will then take the weight of the coin (12.5g) and convert the weight of the silver and copper within the coin in ounces. They then times the weight of the silver in the coin by the price of silver at the time and then times this by the weight of the coin and then times this finally by the ration of silver that is contained within the coin and this will give you the final rounded silver value of the coin.

In order to arrive at the 1963 half dollar coin value if the half dollar were melted down, they need to use the same calculations shown above for the copper contained within the coin. Once you have the value of the copper held within the coin you then add this to the value of the silver and this provides the coin dealer with the 1963 half dollar coin melt value.

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cafeteria Sop and Training Guide

Law And Order Episode Guide - cafeteria Sop and Training Guide

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There are few greater challenges than managing a food and beverage establishment. There are fullness of potential entrepreneurs that seek out company success in this area, only to succumb to the pitfalls that are potential for the unprepared. Don't allow your establishment to be such a victim. The key to company success is having a good game plan and the personnel to carry it out. We can help you in both areas.

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The first step to success is having a bistro Sop. Any company has to have a plan of performance in order to deliver its ability service in a consistent and sufficient manner. This is especially true for a food and beverage organization. Guests want to visit an establishment in which they perceive that they will receive excellent service and food with every visit. This is only potential for any establishment that has the procedures in place to accomplish this.

Our bistro Sop is a ample eBook of procedures and guidelines that can sustain a bistro manager. These procedures can be used intact or adapted to the circumstances of your establishment. In either case, you will have a basis in which to set up a detailed bistro Sop on how your company will function. These procedures will detail how each facet of your company is to operate and be carried out. This is especially prominent in regards to guest service. There should be exact guidelines established outlining how personnel will deal with guests.

A well-documented and prepared bistro Sop will go along way to effectively and efficiently supply for the second facet that is needed in food and beverage management: training. It is imperative that your personnel have the exact training in order to properly be able to carry out the duties of providing your guests with ability services. For a food and beverage establishment, your personnel are the representatives of your services. How well they accomplish their duties will be a direct reflection on your establishment and a key for return business.

Training, therefore is prominent to organize a level (and spirit) of competency, proficiency, and teamwork. Transportation is also an prominent factor and knowing how to do so is a vital aspect of training procedures as well. A detailed bistro training guide will lay out how this is to be done, as well as what types of training (i.e. Skills) needs to be imparted to personnel.

We can supply a ample training guide that covers the basic details of what should be imparted to food and beverage personnel. These training points will ensure that the highest degree of expert escort is in case,granted to personnel. Our training guide can be used in its original format, or adapted for your own customized bistro training guide.

What should be understood is that these tools are important for any food and beverage establishment that wants to be successful. A bistro Sop and training guidelines are imperative. Knowing what to do and how to do it is what ensures that consumers receive a ability experience with each visit to your establishment. With our ebooks, you will have the tools in hand that will allow food and beverage administration to be successful.

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What Does The Term "Mens Rea" Mean?

Law And Order Criminal Intent Series Finale - What Does The Term "Mens Rea" Mean?

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Many citizen wonder how the law distinguishes between someone who deliberately set out to cause harm to someone and an operation that accidentally resulted in harm.

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There is an old Latin term used in the law, particularly criminal law, that is called "mens rea." Mens rea (pronounced, menz ray uh) means "guilty mind" and is a concept gift in most criminal laws that distinguishes between an accidental event and an intentional act, even if they both consequent in the same harm caused to someone's life, someone or property.

For example, a defendant who is on trial for murder must be shown to have not only caused the death of another, but also shown to have intended to commit an unlawful act. consideration that the state does not have to prove that the defendant intended to cause a person's death, but that the intent was to do something that was against the law.

This means that if someone's death resulted from a defendant's actions while in the act of committing a robbery, the intent to break the law for a robbery is carried over to the death of the victim.

Recklessness is also a mens rea. For example, if a defendant was driving at high speeds straight through a residential neighborhood and a death occurs as a result, that criminal recklessness is adequate recklessness for a fee of manslaughter.

Traditional, most criminal statutes required some level of moral culpability in order to find a defendant guilty. For example, suppose a hunter is expensed with murder after accidentally shooting someone else hunter while out in the woods during hunting season. If the shooter's criminal defense lawyer [http://www.askcrimelawyer.blogspot.com] can show that he did not act with malice, criminal intent or recklessness, he cannot be found guilty of murder.

On the other hand, there are some laws that are called "strict liability statutes," which do not need any level of intent in order to be found guilty. These are fairly modern criminal laws that do not need a proving of mens rea. ordinarily these laws are enacted because collective course demands that would-be defendants know the law and make indeed determined of their actions.

Statutory rape laws of having sex with a minor, or laws forbidding the sale of alcohol to minors are examples of correct liability laws. These laws indeed need that an adult having consensual sex know that the partner is not a minor, or that a jobber of alcohol know that the someone buying alcohol is a legal adult. Again, such laws are passed because our society demands correct liability in the compliance of these actions.

Other correct liability laws are often federal regulations, such as tax laws, environmental protection laws and health care regulations. In other words, if you violate an obscure wage tax law, you are still guilty of violating the law, regardless of either you intended to or not.

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George Galloway interviews Sean Dilley on student protests on tuition fee cap

Criminal Intent Episode - George Galloway interviews Sean Dilley on student protests on tuition fee cap

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How is George Galloway interviews Sean Dilley on student protests on tuition fee cap

George Galloway interviews Sean Dilley on student protests on tuition fee cap Video Clips. Duration : 6.90 Mins.

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Hipaa Law Protects Against Improper Disclosure of health data by health Care Providers

Law And Order Criminal Intent Cancelled - Hipaa Law Protects Against Improper Disclosure of health data by health Care Providers

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In June 2009, a 22-year-old Honolulu mom of three young children was sentenced to a year in prison for illegally accessing someone else woman's curative records and posting on a MySpace page that she had Hiv.

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Law And Order Criminal Intent Cancelled

The State of Hawaii brought charges against the woman under a state statute criminalizing the unauthorized entrance to a computer; and which categorized the show the way of the defendant as a class B felony.

According to accounts of the incidents that led to the woman's conviction, there was a feud in the middle of the victim and the victim's sister-in-law, a friend of the defendant. The defendant, who worked as a patient assistance representative at the hospital where the victim was a patient, accessed the computer for the victim's sister-in-law.

Over the procedure of almost ten months, the defendant accessed the patient's curative records three times straight through a computer. After she learned of the victim's curative condition, the defendant posted on her MySpace page that the victim had Hiv. In a second posting, she said the victim was dying of Aids.

The victim complained to hospital officials of the unauthorized access. After an internal investigation the hospital terminated the defendant's employment.

The defendant's conduct, of course, was egregious and inexcusable. The one-year jail term handed down by the Court exceeded the term recommended by the prosecutor. Nevertheless, beyond the issue of holding the defendant accountable for her actions some may inquire to what extent the hospital should bear responsibility for the breaches of confidentiality that occurred.

Federal law imposes statutory burdens on health care providers to protect against the improper use or disclosure of secret health information and to reasonably limit uses and disclosures to the minimum needful to perform their intended purpose.

Specifically, the health insurance Portability and responsibility Act of 1996's ("Hipaa") privacy regulations became productive on April 14, 2003. Hipaa is intended to protect consumers' health information, allow consumers greater entrance and operate to such information, improve health care, and finally to originate a national framework for health privacy protection. Hipaa covers health plans, health care clearinghouses, and those health care providers that show the way certain financial and executive transactions electronically.

In increasing to the privacy regulations, Hipaa's security rules became productive on April 21, 2005. Together the privacy and security regulations are the only national set of regulations that governs the use and disclosure of private, confidential and sensitive information.

Under Hipaa's security Rule, the standards for the security of electronic information covered by Hipaa are divided into three groups: executive safeguards, corporal safeguards and Technical safeguards.

A join of the most needful required safeguards under Hipaa are the executive "Sanction Policy" and "Security Awareness Training" safeguards.

The sanction procedure thorough requires a transportation to all employees about the disciplinary action that will be taken by the covered entity for violations of Hipaa. The sanction procedure should have a notice of civil or criminal penalties for misuses or misappropriation of health information and make employees aware that violations may effect in proclamation to law enforcement officials and regulatory, accreditation, and licensure organizations.

The security awareness training thorough requires all employees, agents, and contractors to share in information security awareness training programs. Based on job responsibilities, the covered entity should want individuals to attend customized study programs that focus on issues about use of health information and responsibilities about confidentiality and security.

The Hipaa privacy and security regulations want a privacy officer and security officer to be designated by the covered entity. The privacy and security officer should continually analyze and conduct risk by fully assessing potential risks and vulnerabilities, and implementing connected security measures.

The U.S. Department of Justice ("Doj") clarified the penalties that may be assessed and against whom for Hipaa violations. Covered entities and individuals whom "knowingly" collect or disclose individually identifiable health information in violation of Hipaa may be fined up to ,000, as well as imprisonment up to one year.

Offenses committed under false pretenses allow penalties to be increased--a 0,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of 0,000, and imprisonment for up to ten years.

Given the security breach that led to the tragic events, together with the one-year jail term for the defendant, Hawaii employers, health care providers and health plans should report their privacy and Hipaa policies and show the way an audit of their practices in order to protect against the improper use and disclosure of secret health information and to sell out the risk of privacy breaches in their own organization.

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Shoplifting and Loss Prevention: Do We Need a Fresh Look?

Law And Order Criminal Intent Episode Guide - Shoplifting and Loss Prevention: Do We Need a Fresh Look?

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Traditional Loss prevention is not working. If it was working, the retail world would not still be suffering million or more a day in losses. If it was working, retail owners and store directors would not be going straight through security and loss prevention officers or the security fellowships they recount like the free samples they often hand out to customers. security experts and loss prevention fellowships would not be constantly scrambling for new accounts, or be in conflict with the accounts they service.

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Shoplifting is one of the least detected and most unreported crimes. Stock operate in many shop is so deficient that few retailers know how many goods they are losing to shoplifters or their own staff. Statistically, so long as shrinkage does not exceed 2-3% of goods sold, retailers pay microscopic attentiveness to shoplifting. There are also financial incentives for managers to growth the bottom line profits. The bonuses they receive are often based on behalf margins, and paying for security services can be a drag on profits. Managers are under constant pressure to by comparison expenses in a corporate world driven by profit.

Retailers have spent millions trying to address the question of shoplifting. They spend in cameras and recording tool and hire plainclothes officers or uniformed officers in an attempt to catch the shoplifter. Our personal palpate has taught us that many retailers' perception is that if shoplifters are not being caught and arrested; the security enterprise is not doing its job. Arrests are a tangible follow in the eyes of many retail managers and administrators. It is justifiable proof that the money they are spending on loss prevention is admittedly paying off and as a follow there is a stink in the air. There is often an unspoken hope directed toward the loss prevention/security officer, which goes something like this: "If you are not manufacture arrests, you must not be doing your job. If you are not doing your job, why are we paying you?"

Let's think outside the box for a moment. If there was a formula of effectively deterring shoplifters, and officers were flourishing at it, would retail managers and administrators identify it? After all, there will be very few arrests if the "prevention" part of loss prevention is successful. In fact, if the officer is doing the job well they will be manufacture fewer arrests and having fewer confrontations; not more. We encourage retail managers and administrators to take the time to fully understand the question of shoplifting, along with the legal and security challenges the security officer faces in every interaction they have with a buyer or possible shoplifter.

Good security fellowships are hard to find, but those who excel understand their business. They hire good officers, use sound techniques, train their officers well and conduct personnel to the best of their ability. Unfortunately the "way we have all the time done business" holds many of their abilities captive. Rather than becoming a partner in deterring theft, the loss prevention officer becomes a indispensable evil. The officer is often disdained by the retailers that hired them, yet is required in order to cut liability and curtail theft.

Defining the Main Issues

• The largest question in the area of retail loss is the inability of Loss prevention Specialists to convince and persuade store owners and managers to heighten their security based on solid research.

• Retailers setup state of the art camera systems, and then fail to train officers how to use them effectively. Sometimes retailers do not verbalize their camera systems. Or maybe the cameras are not settled in indispensable locations. Some incommunicable cameras should admittedly be exposed.

• Many retailers and some security fellowships use emotion rather than research to guide indispensable decisions regarding officer work hours and loss prevention methods.

• Retailers under-staff shifts which results in officers not being effective. Imagine one checkout clerk to 100 customers. Yet, there exists an hope that one officer on duty will be able to effectively monitor cameras, patrol the property, make quarterly rounds and address any security issue that spontaneously arises in addition to catching all shoplifters. The statistics tell us that 1 in 11 citizen shoplift. How does one officer effectively perform all this?

• Retailers put an mountainous amount of pressure on officers to yield results. This landed one retailer in the middle of a lawsuit as officers went beyond the legal limits to yield results. It cost the retailer over ,000 in the resulting lawsuit. 50K goes a long way. Depending on how you work the numbers, this amount is equal to the amount it would have cost to employ one loss prevention officer for over 3,000 hours. The employer responsible for the debacle wanted results. He was heard to say to his officers; "Go stir something up. Let's get something going." He received costly results.

• The retail industry doesn't listen. I recently in case,granted consultation to a retailer where one of the managers insisted plainclothes officers confront customers parking in "no parking" zones; despite the fact the retailer had sworn uniform police officers patrolling the parking lot whenever the store was open. Coarse sense would dictate the police officer would be the logical one to speak to customers about parking violations; not the loss prevention officer.

• Retailers and Loss prevention Specialists have microscopic respect for each other. Time and time again retail managers have expressed their dissatisfaction with the officer who is assigned to their store but shows up late, in a dirty uniform and is more curious in fraternizing with employees rather than catching shoplifters. This is a legitimate complaint and the burden rests squarely on the hiring procedures and training requirements of the Loss Prevention/Security Company.

In summary, there are many retailers and loss prevention personnel who just don't get it. Neither one wants to spend money to facilitate sound loss prevention system in the spirit of excellence. The retailer wants to dictate the mission of loss prevention without seeing at the ready research. Retailers are good at what they do; selling things. They are not security and loss prevention experts. Yet, they ask results.

Can you Imagine the response to the loss prevention officer who walks into the retail manager's office and suggests how they might good price some of their items? Conversely, loss prevention fellowships complain about the way they are treated by retailers while providing them officers that are indifferent and unprofessional. There needs to be some open dialogue about these issues.

To wage a war one first must understand the enemy. To find any solution it is desirable to understand the question first. Let's take a look at who the shoplifter is.

Shoplifting Facts

Information and statistics in case,granted by the National association for Shoplifting Prevention, a non-profit organization.

• More than billion worth of goods are stolen from retailers each year. That's more than million per day.
• There are almost 27 million or 1 in 11 people, who shoplift in our nation today. More than 10 million citizen have been caught shoplifting in the last five years.
• Shoplifting affects more than the offender. It overburdens the police and the courts, adds to a store's security expenses, costs consumers more for goods, costs communities lost dollars in sales taxes and hurts children and families.
• Shoplifters steal from all types of shop together with department stores, specialty shops, supermarkets, drug stores, discounters, music stores, convenience shop and thrift shops.
• There is no profile of a typical shoplifter. Men and women shoplift about equally as often.
• almost 25 percent of shoplifters are kids, 75 percent are adults. 55 percent of adult shoplifters say they started shoplifting in their teens.
• Many shoplifters buy and steal merchandise in the same visit. Shoplifters generally steal from to 0 per incident depending upon the type of store and items chosen.
• Shoplifting is often not a premeditated crime. 73 percent of adult and 72 percent of adolescent shoplifters don't plan to steal in advance.
• 89 percent of kids say they know other kids who shoplift. 66 percent say they hang out with those kids.
• Shoplifters say they are caught an average of only once in every 48 times they steal. They are turned over to the police 50 percent of the time.
• almost 3 percent of shoplifters are "professionals" who steal solely for resale or behalf as a business. These comprise drug addicts who steal to feed their habit, hardened professionals who steal as a life-style and international shoplifting gangs who steal for behalf as a business. "Professional" shoplifters are responsible for 10 percent of the total dollar losses.
• The vast majority of shoplifters are "non-professionals" who steal, not out of criminal intent, financial need or greed but as a response to social and personal pressures in their life.
• The excitement generated from "getting away with it" produces a chemical reaction resulting in what shoplifters retell as an staggering "rush" or "high" feeling. Many shoplifters will tell you that this high is their "true reward," rather than the merchandise itself.
• Drug addicts, who have come to be addicted to shoplifting, retell shoplifting as equally addicting as drugs.
• 57 percent of adults and 33 percent of juveniles say it is hard for them to stop shoplifting even after getting caught.
• Most non-professional shoplifters don't commit other types of crimes. They'll never steal an ashtray from your house and will return to you a bill you may have dropped. Their criminal action is restricted to shoplifting and therefore, any restoration agenda should be "offense-specific" for this crime.
• Habitual shoplifters steal an average of 1.6 times per week.
• Statistically, the majority of shoplifting incidents occur late in the week, between Wednesday and Saturday. Other high-risk times comprise non-school days, late mornings and late afternoons into the evening.

Employee fraud aside, we believe the most leading statistic is: The vast majority of shoplifters are "non-professionals" who steal, not out of criminal intent, financial need or greed but as a response to social and personal pressures in their life, and shoplifting is addicting.

Differentiating Types of Shoplifters

Author Terry Shulman (Jd, Msw, Csw, Acsw, Cac-I) divides shoplifters into six safe bet groups, each with safe bet identifiable characteristics and staggering responses if they are caught. The division that follows is Shulman's assessment as to the division of the total shoplifting citizen that the particular group comprises. Note: These percentages will turn to some degree depending on the demographics of the area.

• The Addictive-Compulsive Shoplifter represents 85% of the shoplifter population. This group emotionally has a lot of repressed anger and often exhibits signs of other compulsive addictions, such as overeating, shopping, drug use, or gambling. These citizen often give to others and don't take care of themselves. Typically, they will steal items that are often inexpensive, and then give them to others as gifts. If caught, they will show guilt, shame, or remorse. Often, they will breakdown and cry when caught and confronted.

• The Professionals are those who steal for behalf or lifestyle and they recount 2% of the shoplifter population. Professionals will try to steal high-end, expensive items, often stealing manifold items at one time. Many carry tools and utensils on them to help with the theft. Most likely, this group will resist arrest if confronted and will attempt to flee the store. If caught and detained, they will remain cool and calm, showing no remorse or emotion.

• The Impoverished are those who steal out of economic need and they recount about 5% of the shoplifter population. Typically, they will steal necessities, like food, diapers, toiletries, or children's clothing. Often, their manner of dress and hygiene may be poor. If caught, they will normally show remorse, but state their dissatisfaction with their lack of money, and may voice hostility against a "System" that keeps them impoverished.

• The Thrill Seeker steals on a dare or for the excitement. They recount 5% of the shoplifter population. These shoplifters will often steal in groups. Many teenagers fall into this category.

• Drug Addicts steal to pay for their drug habit and they recount 2% of the shoplifting population. Like Professionals, they prefer stealing expensive, high-end items, normally manifold items at a time. Their appearance often shows signs of substance abuse. They often carry drugs or drug paraphernalia on themselves. They are normally less right than the Professional, but will likely flee the store if confronted.

• Kleptomaniacs are citizen who steal for no apparent hypothesize and they recount 1% of the shoplifter population. Kleptomaniacs are impulsive and often careless. They will often take items they don't need and can't use, like stealing shoes that don't fit. If caught, many will admit they are kleptomaniacs and do not feel much remorse or shame. They will often use Coarse excuses, like "I don't remember taking it", or "I don't know why I took it because I don't even need it".

Narrowing the Focus

The focus of loss prevention should be prevention. prevention policies and techniques should be aimed at the citizen responsible for 85% of losses; the Addictive-Compulsive Thief.

The behavioral characteristics that should be carefully when seeing toward techniques that are efficient with this group are:
• There is a recurrent failure to resist obsessive, addictive, or compulsive thoughts and urges to steal objects.
• There is already an ever-present tension in their lives well before commission of the theft.
• The act of shoplifting brings pleasure and relief at the time of, or just after committing theft.
• They normally feel guilt or shame afterwards.
• The stealing is very often acting-out behavior based in anger, or a way of trying to "make life right."
• The stealing is not due to guide Disorder or Antisocial Personality Disorder. Most citizen who steal are good, caring, law-abiding people.
• This group of citizen is at risk of cross-addiction.

You now have a behavioral snapshot of the science of mind behind the citizen primarily responsible for most of the shoplifting in the United States. The buyer causing most of the loss in retail is doing so compulsively, successfully, often, spontaneously and is undeterred when caught. This person is maybe as addicted to shoplifting as is the drug addict to the drug.

Fear of consequences does not deter this type of shoplifter. Prosecuting shoplifters does not deter time to come shoplifting. Many have been arrested before and already know the possible of jail is there, but they are too smart to get caught.

We identify there are store managers who, regardless of research, cling to "old-school" techniques together with catching as many shoplifters as possible, believing word will spread around the society that their store is one the shoplifter should avoid because of aggressive enforcement. The key here may not be in sending everyone to jail, but in raising the perception the shoplifter will get caught. If you pick this route, it is best finished by catching as many shoplifters as possible and processing them quickly. It may be well worth considering just trespassing the offender, by-passing the arrest reports and waiting for the police to arrive. If the merchandise is recovered and the shoplifter can be quickly processed this way, word will spread. By doing so a store can generate an illusion they are catching everyone. However, this strategy does not address the core problem.

Framing the Solution

I have had indispensable expert palpate with citizen who are struggling with addiction. Additionally, I have had palpate with a large amount of restoration and saving programs. There is one principle in addiction you can almost all the time count on. Until the addict reaches their own personal bottom, outside intervention has microscopic impact, as evidenced by the large majority of shoplifters who have been caught but continue to shoplift. Additionally, addicts are experts at manipulation and deceit. They know how to reach their goal.

Most addicts in saving have their own story to tell; how they hit bottom. It is unlikely that the retail and Loss prevention industry is going to facilitate the saving of the shoplifting addict as this is not part of their mission. However, they can put some straightforward things in place to get the addict to think about their behavior. One of the soundest techniques with compulsive and impulsive citizen is to get them to slow down; to think straight through their actions and the possible consequences. Retailers can do this.

Impulsive citizen tend to compose psychiatric problems, be substance abusers and are characteristic of anti-social personality disorder. Normal inhibitions, which most of us possess, get no time to rise in these people. If the impulsive person's internal inhibition had a voice, it would be saying; "I am not responsible for my life." If the impulsive person's external inhibition had a voice, it would be saying; "I have no control; my life is ruled by external events." The need to satisfy immediate needs is all they focus on. This impulsivity is most effectively diffused by retention them in the "here and now", not yesterday or tomorrow.

The technique of getting them to slow down and think about what they are about to do is central to many cognitive-behavioral interventions for the addict. It teaches them how to stop before acting impulsively and think about the cause and follow relationships of their intended behavior. Beyond that, it encourages them to verbalize to themselves or others what they will do, and then do the chosen behavior. Again, the purpose of the technique is to slow down the impulsive mental long sufficient to get them into the "here and now".

Before we apply this principle to loss prevention, let's take a look at some loss prevention research. Then, we will think some straightforward techniques with the original focus and goal being to pull the impulsive shoplifting addict into the here and now.

Loss prevention Research

Loss prevention is not complicated. Once the asset or merchandise to be protected is determined, shape out what losses you are willing to accept. Then, based on finances, begin to put barriers in place between that merchandise and the person intent on stealing it. You implement these barriers in concentric circles, starting from the outside perimeter working in towards the identified merchandise.

1. One customary study showed that when specific merchandise was prominently marked with large red stars as being oftentimes taken by shoplifters, shoplifting was virtually eliminated. Researchers explained that publicly identifying specific items made the threat of detection and apprehension tangible.

2. research suggests that plainclothes store detectives have only a microscopic impact on shoplifting. A study in a large London music store showed the store would need to hire 17 times more than the 4 store detectives they had on duty to catch all the shoplifters likely to enter the store. Advertising an officer's nearnessy (uniformed officer) has a greater inhibitive follow than a plainclothes officer, but it may also mean that shoplifters exercise greater caution. microscopic is known from research about the effectiveness of the uniformed security guard. In general, guards who continually move around, creating an active, illustrated presence, are likely to be more effective.

3. There is microscopic evidence that prosecuting ordinary shoplifters is an efficient inhibitive measure. Consequently, there is indispensable value in manufacture the arrest policy more efficient.

4. Civil Recovery: In nearly ½ of these cases, the sums are paid. Civil saving is not meant to be a substitute for criminal proceedings. Rather, it is meant to furnish an added shoplifting deterrent.

5. Banning known shoplifters: microscopic is known about the effectiveness of this practice, but it might have some microscopic value.

6. Cctv. research indicates the value of cameras is directly linked to the sophistication of the system used. Effectiveness is normally quite marked in the first few months after installation, but then tapers off. The explanation for this by researchers is that would be offenders come to be increasingly desensitized to Cctv. We think it is also likely that officers eventually get into work patterns that may cut their time in Cctv monitoring.

7. Using Electronic narrative guard and tagging (Eas). manifold studies have shown this custom could cut list shrinkage from 35-75%. There are, however, indispensable costs in buying and running Eas systems.

Recommendations

Before implementing any strategies, you should make attempts to measure the question first. Is there an immoderate amount of roll-outs occurring? Where are the most opened items and cases found? It is good to define the most areas of vulnerability, and then employ strategies that target the vulnerability. Top risk items should be given most protection.

Parking Lots: Keep the parking lot and outside entrance doors clean and neat. Mount an safe bet camera in the area. Keep "no parking" areas clear.

Cameras: Mount Cctv at the front entrance of the store: customers will see themselves on television while walking into the store & when leaving. Monitors should be conspicuously placed. For covert guard it is preferable to have the camera camouflaged, as most internal cameras are. Use these cameras to catch the offender doing something wrong without advertising they are being watched. Most citizen do not look up in any environment unless prompted to do so. That is why these cameras work well in those situations. However, for deterrence, you want citizen to know there is a camera watching them. The camera does not have to be real, but it should be obvious. After all, perception is most people's reality.

Signs at the Store Entrance: These signs should indicate that the store is monitored by camera surveillance, security personnel, and undercover officers and that the store has a zero tolerance policy towards shoplifters.

Several years ago I was asked to consult for a store that was leasing space at a major mall for a microscopic time to sell clearance products. I advised them to put signs at the entrance to the store space indicating the store was being monitored by electronic and human surveillance. Within 24 hours the store owner was approached by mall administrators telling them to take off the signs, because they did not want the social getting the wrong impression. This, of course, made no sense at all, and was clearly based on the administrator's fear that such a sign might plant the perception of a criminal nearnessy into the mind of shopper.

We suggest something new and different; a direct statement to the person responsible for 85% of the shoplifting - the addictive/compulsive thief. The sign might read; "If you are struggling with shoplifting addiction, we suggest you think the consequences of shoplifting. You will be arrested and prosecuted vigorously. There will be legal charges you will incur. You will be trespassed from this store and post your picture. We also palpate one immediate family member and fill in them of your actions. Please think contacting Shoplifters Anonymous at xxx-xxx-xxxx or ShopliftersAnonymous.com." We would go as far as to suggest maybe there be pamphlets ready as well to the shoplifting addict. This provides added intervention and a social relations side benefit is the safe bet concern the store has for those struggling with addiction.

Suggested Sign Language

• These premises under Video and Officer Surveillance. We prosecute all security offenses.
• We preserve the right to recognize all bags entering or leaving this facility.
• Warning! All activities are recorded on video to aid in the prosecution of any crime committed on these premises.
• Notice! For security reasons individuals entering or leaving the premises may be subject to quest of their parcels or other unusual items.
• Free! Ride in a police car if you shoplift from this store.
• attentiveness Compulsive Shoplifters! If you are struggling with shoplifting addiction, we suggest you think the consequences of shoplifting. You will be arrested and prosecuted vigorously. There will be legal charges you will incur. You will be trespassed from this store. We also palpate one immediate family member and fill in them of your actions. Please think contacting Shoplifters Anonymous at xxx-xxx-xxxx or ShopliftersAnonymous.com.
• attentiveness all shoppers! Merchandise marked with red stars are items being oftentimes taken by shoplifters.

Instruct your employees and loss prevention or security officers to make direct eye palpate and speak to as many customers as possible. buyer assistance is one of the easiest and most efficient ways of deterring the shoplifter. A shoplifter needs privacy to steal. Good buyer assistance greatly reduces the customer's privacy straight through illustrated palpate and direct communication. This direct transportation translates into an unconscious message of "bonding" between the store and the possible thief. It unconsciously deters the view of shoplifting. It is more difficult to steal from person you know than a faultless stranger. Make the buyer feel welcome. Make the buyer happy. Make the buyer feel that you are ready to help them with their shopping needs. Start a conversation; whatever to generate a bond with the customer.

In the event that the officer or worker suspects a buyer is attempting to steal, they should immediately advent the buyer and offer assistance. The possible shoplifter is likely to think they have just been observed shoplifting. If they think they are caught, they may want to leave the stolen item in the store. There are any ways of handling this. The officer can just back off so the shoplifter can "unload" the item. If there is some certainty they have concealed an item, an worker might offer to hold it for them at the register until they are ready to check out. Most employees have microscopic interest in acting in a security or loss prevention capacity. This attitude must be nurtured by managers.

Match a uniform officer with a plainclothes officer for every hour of loss prevention coverage. They furnish two very safe bet functions. Our research indicates this is the best aggregate to deter theft. One without the other simply lacks the uncut effectiveness they have working together. If the allocation allows only one officer, we suggest a uniform officer who spends a great deal of their time concentrating on the original issues presented in this article.

Mount an safe bet camera, or dummy camera, in areas of generally stolen items. If using a camera encased in the fiberglass bubble, the bubble should be settled low sufficient so the possible thief can see it.

Environmental compose is important. Way to the shoplifter's target should be time consuming. Mirrors can be used to see around corners, or to make the possible shoplifter think they are being watched. Electronic tags are a possibility for the small, expensive items that grocery shop sell like health and beauty products and cigarettes. Sign and posters can be used to reinforce security messages. They should be settled where possible shoplifters will see them and around the store in discrete locations, particularly around high-risk merchandise. It raises the perception that the store is serious about security. Direct buyer traffic. Use less entrances and exits. cut passageways, blind corners and incommunicable alcoves. cut high displays that conceal shoppers. Arrange aisles that staff can admittedly recognize from one end to the other. Remember, goods on the ground floor and near entrances are at greater risk of theft, because the shoplifter is in the store for less time and is thus at less risk of getting caught. Move hot products into higher security zones.

Post an officer or worker near the entrance just to check for a receipt. You may have noted at some of the Superstores like Costco and Sam's there is restricted buyer entry and exit. Most have to enter and exit straight through one door. When exiting, there is an worker standing there to take the buyer receipt and match it against their merchandise. This, we realize, may be unrealistic in a grocery setting, but just checking for a receipt, and not checking it against the merchandise may have an uncut effect.

Please think the study in which specific merchandise was prominently marked with large red stars as being oftentimes taken by shoplifters and shoplifting was virtually eliminated.

We like retention things straightforward and this one is a "no-brainer". Whether post store personnel close to the area most items are taken from or take those items and move them to an area where they are in direct eye-line sight of employees. Lacking these actions, we suggest you put up a camera or dummy camera in the area and make the camera obvious, or post a uniformed security guard in that area.

I recently spoke to a retail employer at a major chain who indicated he has suggested, for any years, that the aisle containing oftentimes stolen items be moved to an area within worker view. The advice has fallen on deaf ears. Those who are in authority over him have decided aesthetics and consistency between shop takes precedence over these losses. In these incidences microscopic can be done to preclude loss.

We encourage all the original techniques of loss prevention, but only if they are effective. We do believe that there needs to be a shift in the focus of loss prevention from protecting the merchandise to directly addressing the shoplifter responsible for most theft. Loss prevention and retail Operations needs to begin to retell more effectively, taking a fresh look at how they advent shoplifting.

The bottom Line

In summary, you have just read a indispensable amount of information which, if implemented, can have a profound impact on losses.

1. Settle the focus of the problem.
2. Implement strategies based on solid research.
3. Hire the right people. Use integrity screening/testing tools. Remember, testing shop have far less worker theft than non-testing stores.
4. Train your citizen properly.
5. Keep your employees happy. You can solve up to 50% of your problems simply by retention the worker happy.

Terry Hipp © 2010
AssaultPrevention.info

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Goodbye Goren and Eames

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Enforcing a Child Custody Order Or Visitation trade

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Violations of a child custody order or a visitation business transaction can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is complicated in such a violation, you have some options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to notice and a permissible hearing.

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Civil Remedies

Civil remedies ordinarily involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:

Contempt of court: The court may hold the violating party in contempt of court if there has been a old court order involved. Contempt of court typically involves a fine for the violating party, as well as further orders and instructions, such as returning the child to the other parent. Injunctions and Restraining Orders: These are court orders which require the other party to take confident courses of performance or to refrain from confident acts. These can contain orders to stay a confident length from a child, or orders not to sense the child. The party seeking an injunction or restraining order must ordinarily be able to prove that other remedies (such as money damages) are insufficient to accurate the situation. Monetary damages: In confident cases, one parent may be able to accumulate money damages if the violation has resulted in ascertainable (provable) losses to the parent or child. Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation naturally because the child custody or visitation business transaction has no longer come to be practical. For example, this may be due to a change in employment or a relocation to a separate area. In such cases modifying the business transaction can be a peaceable way to avoid further conflicts.

Criminal Remedies

In serious cases, the court may opt to enforce criminal sanctions in attempts to enforce a child custody order. Unlike civil remedies, these are meant to punish the offending spouse as well as deter hereafter violations of such agreements. They are typically reserved for more egregious instances such as those captivating kidnapping or repeated violations occurring over an extended period of time.

Criminal liability: If there are criminal charges complicated such as kidnapping or false imprisonment, then a criminal suit may be initiated against the other party. A lawyer will be able to determine whether criminal charges lie and whether a criminal suit will likely be successful Punitive Modifications of Custody Order: The judge may pick to modify the custody or visitation order, as in a civil remedy. However, under a criminal, punitive modification, the changes will be made in order to reflect a punitive intent to enforce the decree, such as reducing visitation time or eliminating confident possession altogether. Posting of a bond: A bond is a confident whole of monetary payment that is issued upon the violating party in order to impel them to comply with the agreement. If the person cannot afford to pay, a lien may be levied against their asset such as a house or other primary possessions. Contempt of court: This is similar to civil contempt of court, except that in criminal contempt of court, the violating party cannot avoid jail time by paying a fee. ordinarily reserved for repeated violations of custody agreements or to enforce prior instances of contempt.

Remedies for Instances not captivating a Custody Order or Visitation Agreement

In some instances, clear violations of the law may occur even before a child custody arrangement has been reached. Although it is all the time best to be prompt in obtaining a child custody arrangement, in the event that a violation occurs, a parent may take the following performance in the absence of an agreement:

Sue for interference: The aggrieved party can sometimes file a claim for interference if the violation has resulted in some form of loss to the parent (usually dealing with child support). This is rarely granted, but some states have statutes outside interference claims. Alternatively, the parent may sue for infliction of emotional distress if the other person has intended to cause such distress straight through their actions.

Criminal Charges: As discussed above, criminal charges may be pressed if the person in violation has committed some form of crime such as kidnapping. In such cases, the charges may be pressed even in the absence of a formal custody and visitation agreement.

Exercise of "Court Discretionary Powers": In child custody cases, courts have much discretion to make decisions that are in the best interest of the child. "Discretion" means that the court can practice their own powers of judgment to make a ruling or decision, even if such ruling may be contrary to social policy or case law. For example, the court may make the decision to enforce restrictions on the violating parent or to require further mandates aside from a quarterly custody order.

Do I need a Lawyer to enforce the Custody and Visitation Order?

In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an crisis such as a kidnapping or if the child cannot be located. In such emergencies, one should sense local police compulsion authorities in order to address the situation. However, after the situation has been remedied and the child's protection has been ensured, the person may wish to sense a lawyer to see what further courses of performance they have.

Even in less extreme cases, a parent would still be wise to sense a lawyer concerning violations of a child custody order. When contacting the lawyer, here are some points to think in conclusion:

Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to accumulate one diligently and without delay In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are separate according to civil and criminal law settings If you cannot arrive at a favorable remedy, the court may still be able to help you using their discretionary powers in order to issue a separate decree

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family healing Leave Act - Fmla and Workers' payment Maze - An employer Fmla Guide

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1. How are leaves covered under the Fmla and workers' payment statutes and how much time off is required?

2. When is a Wc injury covered under the Fmla?

3. Should Wc leaves be treated separately from other types of leaves?

4. Should the boss give the laborer any special proclamation under the Fmla?

5. Does an boss have to pay for condition guarnatee for an laborer on Wc leave?

6. Can an laborer on Wc leave be required to use vacation or sicK leave?

7. If the laborer is released to light duty, can he be required to return to work?

8. Does the boss have to reinstate an laborer returning from a Wc leave?

9. Preclude Legal Headaches: Count Wc Leave as Fmla

Implementing the Fmla can be tricky, especially when a leave of absence involves workers' payment injuries. This narrative answers some of the most tasteless questions regarding workers' payment and the Fmla.

The family and healing Leave Act (Fmla) statute does not include any direct reference to workers' payment injuries, and employers did not receive exact advice on the topic until the April 1995 final regulations. However, since most workers' payment leaves are covered under the Fmla, an employer's failure to treat these leaves as Fmla leaves can lead to inadvertent violations of the statute's requirements. To help navigate the complex legal maze of the Fmla and workers' compensation, the Editors have identified eight frequently asked questions on this topic. The answers are based on analyses of the Fmla, its regulations, court cases, branch of Labor Wage and Hour view letters, and discussions with Hr and legal experts.

1. How are leaves covered under the Fmla and workers' payment statutes and how much time off is required?

The Fmla is a mandatory federal leave law intended to protect employees who need to take time away from work to attend to certain family and healing problems. It applies to employers with 50 or more employees and all collective agencies and schools and allows an eligible laborer to take up to 12 weeks of job-protected leave for varied family and healing reasons, together with healing leave when the laborer is unable to work because of a "serious condition condition."

Workers' payment ("Wc") statutes are primarily state liability and wage continuation laws that protect employees who are injured while working. Approximately every state has a law that guarantees an wage (funded by employers and the state) to employees injured on the job and at the same time places limits on the employer's responsibility for the injury. Benefits vary from state to state but typically include healing treatment, rehabilitation, disability, and wage continuation. Wc statutes commonly are not leave laws, however. Most states do not need employers to give a exact amount of leave for workers' compensation, and only a few states need reinstatement from Wc leave.

2. When is a Wc injury covered under the Fmla?

If the laborer is eligible for leave under the Fmla and the injury is determined a "serious condition condition," the Wc leave should be treated under the Fmla. The Fmla defines serious condition condition broadly to include any "illness, injury, impairment, or bodily or reasoning condition that involves" either patient care or chronic treatment by a condition care provider. The statute does not distinguish between work-related and nonwork-related injuries. Thus, any on-the-job injury that requires an laborer to take leave to seek patient care or chronic treatment likely will be covered by the Fmla.

Accordingly, whenever an laborer is injured on the job and needs time off to recover, the boss immediately should settle if the laborer also is eligible for leave under the Fmla. If the laborer is eligible for Fmla leave, the boss should forewarn the laborer in writing that the leave is covered under the Fmla so that the leave time may be counted against the employee's 12-week Fmla entitlement. If the boss does not run the Wc leave concurrently with the Fmla leave, the laborer may still have the full 12-week Fmla entitlement available to use after the Wc leave.

3. Should Wc leaves be treated separately from other types of leaves?

Some experts recommend that Wc leaves be treated separately from all other types of leaves to ensure compliancy with the requirements of state workers' payment laws. However, treating workers' payment as a totally isolate kind of leave may cause employers to inadvertently neglect the requirements of the Fmla.

4. Should the boss give the laborer any special proclamation under the Fmla?

In order to deduct the time spent on Wc leave from an employee's each year Fmla leave entitlement, the boss must forewarn the laborer in writing that the Wc leave is designated as Fmla leave and will count against, and run concurrently with, the employee's 12-week entitlement. The observation to the laborer must detail the exact obligations of the laborer while on Fmla leave and elaborate the consequences of a failure to meet these obligations. Most employers use the branch of Labor's Form Wh-381 to comply with these observation requirements. If the boss does not supply the notice, it cannot count the Wc leave towards the 12-week Fmla entitlement. Therefore, the laborer may be entitled to an supplementary 12 weeks of Fmla leave at a later date.

If the laborer has been on Wc leave without being located specifically on Fmla leave, the boss should send observation to the laborer immediately so that the Fmla clock starts running. However, the boss may then only prescribe the leave from the date written observation to the laborer is provided. It cannot retroactively prescribe the time spent on Wc leave against the Fmla entitlement.

5. Does an boss have to pay for condition guarnatee for an laborer on Wc leave?

If the laborer qualifies for Fmla leave and the boss ordinarily pays for condition insurance, the retort is yes. Although most state Wc laws do not need employers to pay for condition guarnatee while a Wc leave, the Fmla requires the continuation of condition guarnatee benefits while an Fmla leave. Typically, the state Wc laws cover the employee's healing costs associated to the work injury but do not mandate continued coverage under, or payment for, a condition guarnatee plan. However, under the Fmla, employers must supply the same condition benefits while an eligible employee's Fmla leave that it would have in case,granted if the laborer worked throughout the leave. Thus, if the boss ordinarily pays 80% of an employee's condition benefits premium, it must continue to do so while the employee's Fmla/Wc leave.

6. Can an laborer on Wc leave be required to use vacation or sick leave?

The Fmla allows employers to need employees, or employees to elect, to substitute accrued vacation, sick, or other paid leave for all or part of the 12 weeks of unpaid leave. Employees on Wc leave typically receive up to two-thirds of their normal pay as a wage benefit under state law. In recognition of this benefit, the Fmla regulations do not allow the use of paid leave if the laborer is receiving workers' compensation, even to make the laborer "whole" or if requested by the employee. However, the boss may prescribe the leave as Fmla leave and count it against the employee's 12-week Fmla entitlement.

7. If the laborer is released to light duty, can he be required to return to work?

Most light duty positions do not include the employee's normal job functions. Therefore, if the laborer is unable to accomplish the indispensable functions of the job because of the work-related injury, he may continue to take any remaining Fmla leave and cannot be required to accept the light duty position. However, if the state workers' payment statute requires the laborer to take the light duty assignment to continue receiving wage benefits, the employee's Wc benefits may be discontinued. The laborer then must be allowed to use any accrued paid leave while the remaining unpaid Fmla leave.

8. Does the boss have to reinstate an laborer returning from a Wc leave?

If the laborer is covered under the Fmla, he must be reinstated to the same or an equivalent position. The laborer must be reinstated even if the boss did not forewarn the laborer of coverage under the Fmla. If the laborer does not return to work at the end of the 12-week Fmla leave, the boss may terminate the laborer without violating the Fmla as long as the termination is consistent with the treatment of similarly-situated employees who have taken Fmla leave. However, the laborer must have been properly located on Fmla leave and notified that the time off for Wc leave ran concurrently with the Fmla. In addition, a few state Wc laws, such as Oregon, need reinstatement regardless of the length of the Wc leave. As a supplementary complication, the laborer may be determined disabled under the Americans with Disabilities Act and, therefore, may be entitled to supplementary leave as an accommodation.

9. Preclude Legal Headaches: Count Wc Leave as Fmla

Since most workers' payment leaves typically will be covered under the Fmla, employers should be ready to comply with both laws. Failure to categorize a Wc leave as a Fmla leave commonly will not harm the laborer as long as he gets all of the benefits of Fmla leave, such as continued condition guarnatee and reinstatement rights. However, the boss may lose the occasion to count the time on Wc leave against the employee's Fmla entitlement and may expand unnecessarily the employee's Fmla leave eligibility. In addition, employers may violate the Fmla if they do not reinstate an laborer from a Wc leave that was not properly designated as Fmla leave.

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Us Citizenship Options For Elderly Applicants - curative & Exam Waivers

Law And Order Episode Guide - Us Citizenship Options For Elderly Applicants - curative & Exam Waivers

Good afternoon. Today, I learned about Law And Order Episode Guide - Us Citizenship Options For Elderly Applicants - curative & Exam Waivers. Which could be very helpful in my opinion therefore you. Us Citizenship Options For Elderly Applicants - curative & Exam Waivers

I often receive calls from the adult children of Us permanent residents (i.e. Green card holders) who want to know how their parent can become a Us people if the parent cannot study for the English history test and / or does not speak English very well. I have created an record for you on the two most tasteless scenarios that I write back weekly in my Us Immigration Law Office of Lena Korial-Yonan, P.A.:

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Law And Order Episode Guide

1. My mom is eligible for Us citizenship because she has had the green card for 5 years, and she does not have overall trip or any criminal issues. The question is that she does not speak or read English and cannot study for the history test. Any solution?

Uscis has definite rules that recapitulate to an applicant's age and how long they have had the green card that can exempt them from having to take the Us English History test and also exempt them from passing the interview measure of the N-400 as well as the reading and writing exam. Please see the next ask for more details on this.

However, here the applicant has had the green card for only 5 years and so the only clarification is to see either the applicant is eligible for a healing disability waiver. A healing disability waiver is completed by a Us licensed normal healing doctor, licensed clinical psychologist or other definite physician on Uscis form N-648, healing Certification for Disability Exemptions. The form must be completed a definite way and with definite wording / answers before Uscis will approve the healing waiver. The doctor, in order to perfect the healing disability form, must give your parent, the N-400 applicant, a test to determine either he or she can learn or remember basic things. This test can comprise having to recapitulate basic facts just explained to your parent and may also comprise basic exams having your parent place a circle object with circle object, etc.

Applicants with dementia or Alzheimer's, for example, are eligible to file form N-648, healing Disability Waiver, which states that because of their reasoning limits, they cannot study for the Us history test. A major limitation for eligibility under form N-648 is that the resulting reasoning disability cannot be a ensue of drug use.

Our immigration law office has successfully completed healing waivers ready by licensed doctors of applicant's own choosing for the reasoning conditions of dementia, Alzheimer's and schizophrenia. Please note that these cases are being mentioned are examples and in no way warrant that your case will have similar results for both the reasoning conditions listed and for the Uscis district that you will file citizenship with. Please taste an experienced immigration lawyer of your choosing for a detailed diagnosis of your own definite case.

Although our immigration law office does not have any doctor(s) that we advise for completion of Form N-648, we will let you know if a particular type of physician can perfect the form on your behalf. We also recapitulate the Form N-648 for completeness, as Uscis is precise in the language that they need from the licensed healing physician in order for the Us citizenship applicant to be approved. If the Form N-648 is popular ,favorite by the Us Immigration Officer, then the Us citizenship applicant does not have to take any test in order to have their form N-400 popular ,favorite and be sworn-in.

Also, at least in the Uscis district office located in Jacksonville Fl, we commonly file a copy of the Form N-648 with the N-400 application, and we bring the primary N-648 with us to the N-400 interview. You may of course furnish the primary N-648 in your initial filing if you wish. Just be sure to keep a copy of the form N-648, as it is not uncommon for Uscis to need a few changes to the form N-648 before your case can be approved.

2. My mom is 65 years old and she has resided in the Us as a green card owner for over 20 years. Does she still have to take the English test, etc.?

No, your mom has to take a modified version of the civics test in her language of choice. She does not have to take the reading or writing test. The N-400 interview, which includes reviewing the details of the N-400 and asking either your mom has ever been arrested, files Us taxes, etc. Is completed with the help of the translator that your mom brings with her to the N-400 interview. She must bring her own translator with her to the N-400 interview so that the translator can translate the civics questions in your mom's best native language.

The age qualifications that exempt applicants from the English, reading and writing tests are as follows:

· 65 years and has resided in Us as a green card owner for 20 years or more.
· 55 years old and has resided in the Us as a green card owner for 15 years or more.
· 50 years old and has resided in the Us as a green card owner for 20 years or more.

Again, Applicants that meet one of the above categories must only take the civics test in their language of choice.

I hope that the above provides some answers to the questions asked of me weekly in my immigration law office of Lena Korial-Yonan, Pa. By the adult children of elderly parents who have had the green card for 5 years and now want to become Us citizens.

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Basic Ideas Behind American Law - Part Two - Liability

Law And Order Criminal Intent Full Episodes - Basic Ideas Behind American Law - Part Two - Liability

Good morning. Yesterday, I found out about Law And Order Criminal Intent Full Episodes - Basic Ideas Behind American Law - Part Two - Liability. Which could be very helpful in my experience so you. Basic Ideas Behind American Law - Part Two - Liability

Actus reus-The criminal act, or "evil act."

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Law And Order Criminal Intent Full Episodes

Mens rea-Criminal intent, or "evil mind."

Attendant circumstance- The added element to a usually legal act that makes it illegal. It is legal to drive, but not with the attendant condition of being intoxicated.   

          In order to convict criminally, the prosecution must prove the defendant committed a criminal act (actus reus), and did so with criminal intent (mens rea).   If criminal intent is not present, there must be an attendant circumstance. For example, an intoxicated man may not have an evil intent when he drives his car; he just wants to get home. He is criminally liable without the mens rea, because he performed the actus reus (driving) of a crime, with an attendant condition (while intoxicated).

          Of course, it is impossible for the court or a jury to resolve exactly what a defendant's state of mind was at the time of the crime, so the court uses facts and circumstantial evidence to best infer the defendant's intent. Enough circumstantial evidence can add up to criminal intent.

          The court uses presumption to promote order. Some presumptions are not rebuttable. A child under the age of 7 is presumed to be unable to form criminal intent (mens rea), and cannot be held criminally liable for any action. This presumption is not rebuttable. The prosecution can present evidence a 6 year old child who stabbed one of her playmates is a genius, ready to be admitted into Harvard, and the court will not convert the presumption she was unable to form criminal intent. Other presumptions are rebuttable. The court presumes all defendants are innocent, but if the prosecution presents adequate evidence to rebut the presumption of innocence beyond a reasonable doubt, the defendant will be found guilty.  

          Because the human mind is complex, the law allows for different levels of mens rea, with decreasing levels of liability:

          Purposefully, intentionally, knowingly- the most culpable level of mens rea. The defendant acted with malice, and full knowledge he or she was committing a crime that would have a bad result. "Knowingly" is usually used to present a crime with an attendant circumstance.

          Recklessly- The mid level of culpability. The defendant was aware that his behavior came with a risk, and did it anyway. For example; two drivers resolve to drag race, reaching speeds of nearly 100 Mph on a city street. Along the way, a pedestrian is hit and killed. One, or both, of the drivers would likely be held recklessly responsible for the pedestrian's death because any reasonable man would know driving down a city street at 100 Mph carried a risk. The risk has to be of such a nature a reasonable man would refrain from doing the act.      

          Negligence- The lowest level of liability. The defendant was not aware her behavior carried a risk, but should have been.   The line between reckless and negligence can be fuzzy, and the courts reconsider the circumstances to resolve culpability. A professional child care employee who ignores a dangerous situation that leads to a child's death would be held to a higher approved than an inexperienced babysitter. If the defendant was aware of the risk, he acted recklessly. If he was not aware of the risk, he is negligent. The approved the court uses is what a reasonable man would have perceived in the same situation.   

          correct liability-This one may not seem fair, but sometimes, no one actually did anything wrong (a well-cared for cable suddenly breaks and causes a death or injury), but a man is responsible because man needs to make it right. This was brought about during the industrial revolution to safe the public, and is punishable by fines, instead of jail time.   

          A common thread throughout the court theory is the idea of a "reasonable person," and what he or she would do, infer, perceive, or not do. 

The crime of possession:

Actual Possession- The offender has a banned item on his person. 

Constructive rights -banned items are in a place or thing that is under the offender's control, but not on the offender's person. 

Knowing rights -The offender knows he or she possesses the banned item. A man does not have to know the item is banned or illegal; he just needs to know he possesses it. Most states want knowing rights in order for it to be criminal.

Mere rights A man does not know he or she possesses a banned item. Perhaps he accidentally grabbed the wrong jacket that had drugs in the pocket (or, that's his defense, anyways). In North Dakota and Washington, mere rights is adequate for a criminal charge.

          The principle of causation- the law holds a man accountable for the results of his or her show the way to varying degrees. 

          Factual cause- The "but for" clause.  If the defendant did not commit this act, that wouldn't have happened. Consider the drag racing scenario. If the defendant did not drive down a busy street at 100 Mph, the death of the pedestrian would not have happened. The death was a direct corollary of the drag racing.

          Proximate cause- Is it fair to blame the defendant for the crime? His actions may have caused this, but how intimately is it related? Let's say the two men are drag racing down the street at 100 Mph when all of a sudden, a tire flies off one of the cars and crashes through a huge picture window, staggering a barber who just happens to be shaving a customer's neck with a right blade razor. When the barber regains his composure and looks down, he realizes he has just taken the poor customers head halfway off. Are the drag racers responsible for the death? A reasonable man may have remotely foreseen that the tire would fly off, but would they then have supplementary foreseen that the barber would get startled while retention the razor? If the harm is accidental enough, or far adequate removed, there is no proximate cause, and the defendant cannot be found guilty. 

          By the way, the barber could not be found guilty, either, because he had no criminal intent. Even if the barber just found out this particular customer was sleeping with his wife, and police found a diary detailing how the barber planned to go to the victim's house and shoot him in the head, the barber couldn't be held liable for accidentally killing the man when the tire flew through the window. Although mens rea was there because the barber did intend to kill the victim, the barber did not commit the actus reus (though, technically, he did commit the actus reus of slicing the guy's throat, he didn't do it with evil intent), and cannot be held liable for what he may have thought, or hoped for.

          Intervening cause- something that interrupts the chain of events, or contributes to the results. Using the last example of the drag racing, the intervening causes would be: the flying tire, the shattering of the plate glass window, and the barber with the right blade razor. This doesn't always remove liability, though. If I have a party in which I serve alcohol to a bunch of teenagers, who then get into a car, speed down a winding road, and hit a tree, I am still liable for their deaths, even though there was the intervening cause of the speeding and the winding road.

          Ignorance of the law- this is not a defense. It doesn't matter if you knew you were committing a crime, or not.   The court does not allow one person's interpretation or moral judgment to trump those of the community. The law is the law for everyone, even if the defendant didn't know his or her actions were criminal.

          Mistake of fact- this is a defense. Let's say you have been sneaking your boyfriend/girlfriend into your bedroom at night, and he/she happens to go to the bathroom just as your mother is having a midnight snack in the kitchen. Your mother hears noises upstairs and brings a knife with her to investigate. When your lover opens the bathroom door, your mother stabs him/her in the chest.   Your friend has fallen victim to a mistake of fact. The fact was he/she had permission to be in the home, and your mother was mistaken when she assumed she was killing a robber. So, even though your friend's parents will likely want their child's killer punished, the court can't hold your mother criminally responsible for the death.

          Odds and ends:

          Motive- A possible suspect for an accused man to have committed the crime. Though the prosecution's case may be stronger if it can show the defendant had a strong motive for committing the crime, the state does not have to prove motive in order to get a conviction. Sometimes, motive is clear, such as when a man stands to gain an outrageous whole of money upon the convenient death of another. Enough circumstantial evidence can add up to motive. For example; a wife is murdered, and the husband doesn't stand to gain from a huge assurance policy, but he was having an affair, and the wife had spoken to a lawyer about divorce.   These pieces of circumstantial evidence can be used to infer motive.

          Premeditation- The forethought to commit the crime. Most people assume in order for a crime to be premeditated, the offender had to have planned it out for at least a span of time, but in truth, premeditation can last only a split second.   Take this scenario; my boyfriend and I are sitting in our living room enjoying a movie. I am in a great mood, snuggling in his arms, and all is well. All of a sudden, the lights go on next door, and there is my slutty neighbor parading nearby naked, as usual, for all the neighborhood to see. I reach over into the end table drawer beside the couch, grab the gun I keep there for protection, and shoot her between the eyes. I hadn't planned on killing her before, but the two seconds it took me to open the drawer, pull out the gun, point, and pull the trigger, were two seconds premeditation and I am in a heap of trouble.

          Lesser included offense- Sometimes the state fails to prove all the aspects of the crime beyond a reasonable doubt, but the jury just knows the defendant was up to no good. It can resolve to hold the defendant liable for a lesser included offense.

          Transferred intent-  When I went to shoot my slutty neighbor, my aim was so bad I accidentally shot through the next window and hit her grandmother, who is innocently knitting in her rocking chair. I am not off the hook because I didn't have the mens rea to shoot the grandmother. I had the mens rea to shoot man at the time, so the law will exchange my intent from the neighbor to the grandmother.

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