Crime and Delinquency
According to the formal definition , any action that is legally prohibited by the law can constitute a crime. At present, crime has become an integral part of our lives in the sense that we are all so much used to it simply because we hear or face crime every other day. In a society that we live in today the mass media has so much influence and sway that it is not a big deal when we wake up in the morning get a hold of a newspaper and read about some brutal murder the story of which is intentionally put in the paper for the sole reason of getting the reader's attention. Then later in the day we might as well turn on the television and see the official footage where the police apprehend a serial killer who has murdered 15 people up to that point in different areas across the country. And finally in the evening we find some time to relax and watch a movie with a criminal content, which give a vivid thrilling story of an enraged sadistic murderer who kills innocent people left and right in order to accomplish his sinister and mysterious scheme. This is a typical day that a person spends in today's world and it cannot but influence his or her social attitudes and perceptions. Living in a society like this, people get desensitized and when a new brutal murder is reported on television or in the tabloids not many people pay attention. Violence and aggression expressed in the movies do their job and the real-life situations do not startle people any more. However, there is one field in criminology that always draws my utmost attention and that is delinquency and crimes committed by children and adolescents. One simply cannot ignore such a disturbing phenomenon simply because crimes committed by children range from petty theft and shop-lifting to brutal clearly planned murders that make people stop and think about the world and about its future. It also makes me wonder where this world is going given the fact that we have twelve year old murderers whose transgressions surpass the crimes committed by their older counterparts in terms of brutality and sophistication.
Juvenile crime and delinquency has become a very vital issue in the society at this point in time. Officially a juvenile crime is any offense committed by children or adolescents under the age of 18 years. These crimes are legally referred to as delinquency and would be considered serious offenses, if they were they committed by adults. There are also minor transgressions that are termed status offenses. Those include some minor misconduct such as acts of social disobedience. Status offenses are not usually punished by serving term in prison and delinquency offenses along with the status crimes are all handled by the Juvenile court. (Encyclopedia Britannica, 2001) Nevertheless, there are more serious offenses such as murders, rapes committed by minors and those can also be brought to the criminal court and involve more serious punishment. There was a social debate that caused a great deal of controversy concerning the age that children can be actually held accountable for their personal actions. According to Anglo-American law, the definition of crime implies any action that is prohibited by the law with a criminal intent. The proponents of the theory that children cannot be responsible for the offenses that they commit maintained that children under the age of 14 cannot theoretically have a criminal intent due to a variety of factors. This infancy defense that was argued to be very theoretically consistent was eventually disregarded by most juvenile courts as people realized more and more that acts of delinquency can be committed by children of virtually any age. All crimes are committed with a criminal intent otherwise it is not a crime. Therefore the age factor is now discarded as something totally inconsistent with most psychology and criminology doctrines. (A. Bandura, 1973, pp. 134-137)
Juvenile crime is so overwhelming today that the importance of this issue cannot be overestimated. Delinquency acts and crimes committed by children range from petty shoplifting to smoking marijuana to more serious offenses such as rapes and murders. According to the statistical data reported by the bureau of statistics, the level of crime among children has been steadily decreasing since the middle of 1970s . Nevertheless the public seems to be more aware of this problem because of the thorough coverage by the media and press. During the 1980s the reports showed that every fifth person that was arrested for some public violation or more serious offenses was under the age of 18 years. In other words 20% of all crimes are committed by children and adolescent. Like I have already mentioned in the 70s reports portray a much grimmer reality where all statistical indicators almost in all possible categories of serious offenses were much higher. Furthermore the crimes committed by under-aged females constituted a much greater portion. At present the juvenile crime reportedly has been slightly going down for more than 5 consecutive years but nevertheless some experts assert that the data reflected in those reports is slightly underestimated and the overall level of juvenile crime and delinquency has been significantly underreported. The activities that are deemed to have been underreported include mostly street crime such as gangs, shoplifting, marijuana smoking, drugs and also acts of vandalism. Therefore, it is believed that the actual crime level is virtually higher than it was in the 1980s (Microsoft Encarta Encyclopedia 2002 edition).
The essential component of juvenile crime is said to be a group or a gang activity (A. Bandura, 1973, pp 263). Children most of whom have run away from homes live on the street and consequently form and gang. The activity of such a group usually involves acts of vandalism and petty shop-lifting, and theft. They also engage in acts of violence when two or more gangs compete for the right to exist in a particular city district. That oftentimes involves use of lethal weapons such as knives, sticks, or sometimes even guns. When there is a collision between two gangs there is a very high possibility of violence and sadism. Children brutally fight with one another as though those were two armies that went to war. The objective of such gang activity is material gain. The social gang is a relatively permanent group of youths who generally exist in accord with society. Besides the shoplifting and vandalism gangs also engage in drugs distribution. Gangs may attack a person on the street with a purpose of steeling his or her money (Encyclopedia Britannica 2001).
There are several theories that make an attempt to explain why criminals act the way they do and essentially why they display aggression, hostility and eventually commit something outrageous and atrocious. One of theories of psychology that tries to analyze people's behavior is referred to as social learning. This doctrine asserts that human behavior is essentially shaped by the society and by parents starting from the infancy stage. Social learning is based on the premise that people are very likely to link certain behavior to some particular emotions or feelings that they associate with it (A. Bandura, 1973, pp 74-77). For example aggression might be linked to some incidents that make person feel angry, aggravated or nervous. These emotions in turn trigger that behavior that is the direct consequence. This model can also be applied the other way around. When a positive emotion is stimulated in a person's mind it is very likely that it will trigger a good behavior. By contrast, when a person is overwhelmed with aggression and anxiety, that most likely will trigger a negative response and consequently will make a person display hostility and destructive behavior. The social learning theory asserts that a person's behavior can be interpreted and the actual cause or the stimulator can be identified in all possible situations. It also maintains that human behavior can be controlled and indeed modified. Of course it is not always so easy to modify behavior among the adults because they already have shaped their mind and perceptions of the world but sometimes it can be done. The theory further explains that a human brain is very sensitive to outside stimulation and a proper behavior can actually be reinforced by eliciting proper emotions and feelings that are very like to trigger certain behavior in a person. Most motivation techniques are built on these premises and they postulate how the proper behavior can be invoked among the employees in the workplace. One such technique suggests that a manager must reinforce good behavior through sincere appraisal. That implies that whenever a person does a good job a manager acknowledges his or her professionalism that elevates a person's self-esteem. Or there can be a specific reward that will do the job whenever employees fulfill their task the proper way. In psychology this is called reinforcing the good behavior (R. Baron, 89, pp 234). A person is very likely to repeat the good behavior. By the same token, an employee will be more motivated to do a good job because it is known that diligent work will eventually get him or her that reward. In a similar fashion, negative behavior can be reprimanded. Whenever a worker does a bad job he will be properly punished by the management and that will develop sort of an instinct or rather a habit in his consciousness that will prevent that sort of behavior from ever happening again. Punishment of course can vary but the idea here is to make a person understand that bad performance will not be tolerated. It is vitally important to make it clear that bad performance will prevent the employee from achieving his or her personal objectives that may include promotion, high salary, certain benefits etc. All these techniques are built upon this doctrine of social learning. Definitely, it does not hold true for all possible situations because the human brain is for sure one of the most complicated and sophisticated things possible. Therefore there may be cases where these assumptions fail to explain what is really going on and why that particular behavior is trigger by that particular emotional stimulation. There are incidents where the behavior of a human-being simply cannot be understood neither can it be interpreted by any psychological theory. Nevertheless, the theory of social learning proved to be very effective in understanding criminal conduct. It also gives us an insight into why normal people become criminals in the first place and then how criminals are motivated to do what they do and what makes them commit crime. Criminals are people too and they also have emotions and feelings and even though some people maintain that their actions are most of the time irrational and make absolutely no sense, I think that there is a deep psychological trauma or an emotional incident that made a person make that very first step towards self-destruction and gradual personal degradation (R. Baron, 1989, 256-268).
There are various theories that try to explain the psychological nature of juvenile crime and how personality traits and psychological peculiarity may be linked to it. Others may attempt to view juvenile crime as a purely social phenomenon that is virtually brought about by the society (A. Bandura, 1973, pp 45). There is some truth to all of them even though most of these theories are subject to criticism. One of the reasons that children engage in crime is because society dictates them to do so. Violence that is constantly portrayed in the movies definitely has some impact on children with vulnerable not-yet-shaped moral values and standards. Also, another big factor that I think is very important is they way parents bring up their children. That plays a crucial role. That explains why juvenile crime is at such a high level in the US as compared to other European countries. Parents do not have time to spend with their children and do not pay adequate attention to them. Also, domestic abuse definitely affects child's psychology. Home and family is associated with something essentially bad and evil in the minds of children who are physically abused by the parents. Therefore the only way for them is to go on the street where they think they are independent of their parents and do not have to put up with that attitude any longer. Some children might as well be unsatisfied with their current status in a society and they view crime as self-actualization. Even though all these theories are true it is difficult to explain each particular case using just one approach. This problem is multifaceted and therefore a thorough psychological analysis must be conducted before we understand the nature of the dilemma. Juvenile crime is a serious issue and we have to pay our utmost attention to this issue and attempt to alleviate the situation by any means possible.
Bibliography
Bandura, A. (1973). Aggression: A social learning analysis. N.J.: Prentice Hall.
Burton, J. (Ed.) (1993). Conflict: Human Needs Theory. Macmillan Press.
Encyclopedia Britannica, Deluxe Edition, 2001.
Microsoft Encarta Encyclopedia, 2002 Edition.
White, Robert (1989). Psychology: the essential science. New York: Random House.
Tim Johnson Junior is a freelance writer, CRWA certified resume writer and career coach. Has written over 2000 articles and essays on the subject of Social Issues. Has worked for Essaymart's custom writing department from 2003 to 2005. Currently, Tim is busy helping professionals and executives optimize their careers at a certified Resume Writing firm, ResumeAid.
When is a Crime Not a Crime?
If you buy something advertised to do specific things and then find out that it is completely different to your expectations that would not necessarily be a crime. But if the advertisement targets a specific need, such as a cure for something, but it did not cure it that would that be a crime. It is misrepresentation and many suffer the consequences of such frauds every day.
Thieving is an easily recognizable crime. But what if something was stolen a long time ago? Is it still a crime? Yes, and the perpetrators face penalties if caught. The same applies to murder, rape, or any other crime against society. Those associated with crime or who assist criminals in any way may be equally as guilty unless they know nothing of it.
Protecting criminals is aiding and abetting. Earning money from crime, whether it was committed by them or not, and covering up the deed while denying knowledge of it is likewise a crime.
There are few if any exceptions to these laws.
War crimes, however, could once go unpunished because of circumstances. Some heads of State could be exempt under certain conditions. For example if crimes against individuals or countries during war are not attributable to the sitting Head of State and if he or she is not aware of the crime there is a case for exemption.
This has been brought to the fore during the Iraq war whereby torture and such performed by military personnel saw soldiers jailed or punished but the President of the United State and his Secretary for Defense are innocent or outside of the legal process.
Crime has an extensive reach, however, and even history cannot erase such acts from their consequences. Whilst the criminals may die their established businesses may be run by their heirs. Under those circumstances no crime has an expiry date when it continues to affect people. So a crime, once identified as such, is always a crime...
The UK government lists property crime, violent crimes and anti-social behavior under business crime on its site www.crimereduction.homeoffice.gov.uk/business/businesscrimeminisite01.htm. It states that property crime involves commercial robbers, fraud and forgery, and theft by employees, among other things. Violent crime includes assault and harassment. Anti-social behavior, according to this authority, includes harassment, alarm or distress to customers or staff, low level harassment or intimidation, including racial intimidation.
Aside from business crime there is social crime and that has a wider reach even than that of business crime.
South Africa.info carries a report on this type of behavior under the heading Social Development, sub headed Tackling the social causes of crime. They note that social crimes are difficult to investigate because "the relationships between the victims and the perpetrators, where levels of intimidation and family pressure are very high," Safety and Security Minister Charles Nqakula told journalists in Pretoria recently.
Unfortunately this is the case in many criminal investigations where a 'them versus us' hinders the law that seeks to protect the community. Human nature, fear and intimidation by criminals ensure they receive this kind of support.
With a crime in place for centuries it is even harder as many feel it is not affecting them one way or another. Others are ignorant and may never discover the truth. As a writer, however. my obligation is to expose that which affects us whatever the cost. The greater the crime the more urgent it is to bring it to the fore.
My research uncovered just such a crime that embraces all of the above. It involves what is probably the biggest business on earth and sees billions of dollars pass into its coffers every year. It has a Head of State and, along with its partners in crime, its robbery, fraud, forgery and theft activities are enormous but are covered up by its servants who are also heads of governments and power brokers. Its tentacles are long and its business travels rapidly reaping even more rewards.
Its members knowingly or otherwise engage in many of the crimes listed above either through innocence of the truth or through intimidation and harassment by the leaders. Its power is such that even writing about it could bring repercussions that stirs the emotion so many to commit murder against the author. This is already happening in some circumstances that are well known to the reader.
My research went to the beginning of civilization and beyond to uncover the facts and to piece together a picture of the worst crime imaginable. It unearthed a fraud and forgery that will shock to the core. The details are published on my site where the pdf version may be downloaded nojesuschrist.com
By N. Holt
Author, publisher, Ba(hons) ANU, researcher, spiritual counselor and web master. With full memory of reincarnation and observing what people believe through a lifetime of research brought rewards. It led to exploring the origins of religion through linguistics and archeology which opened even more doors to the facts. Observations as to why reincarnation is a taboo subject drove me with passion to undo the things that oppose it. In pursuing my goals I uncovered this major crime against all humanity.
Crime Control Strategies - Myth, Magic and Metaphor
The latest fad, gadget or gizmo is not the basis for controlling crime. Or, the coolest technique used in some gee-whiz crime drama. Policing communities cannot be driven by polls, ratings or media sensationalism. We cannot address neighborhood crime problems by believing in myth, magic or metaphor. And, techno wizardry is only a small portion of the crime fighting picture. There is no doubt that gadgets and gizmos are important. But, techno-savvy policing, in the real world, is only as good as the cops that have the know how. Crime control strategies boil down to effective and efficient police work. This means the cop on the street or in the jail facility. The man or woman on the front lines, he or she are the people who really count. Effective police work requires competent police officers. To get them, you need high standards, effective recruitment and exemplary training. Once on the job, they need sufficient funding, resources and leadership. After that, the criminal justice continuum relies on inter-agency cooperation and coordination. Within that framework, cops hope there is a huge amount of competence and aggressive dedication on the part of prosecutors and judges. For some officers, that is a lot of wishful thinking. But, aside from politics, fighting crime means responding to the crime with an array of tactical and technical weaponry. Once into the process, identifying the criminal transforms the mission. Ultimately, putting a stop to his or her behavior, by sure and swift means, becomes the goal. Unfortunately, the goal is tainted by misguided perceptions.
Sad but true, we are deceived by our own fantasies. In the process of crime fighting, the entertainment media pursues a relentless quest of myth and magic. Supported by career minded politicians, metaphor becomes the expression of making the myth and magic appear real. Reality is blurred and merged with symbolism over substance. Misleading the public has potentially adverse consequences as it applies to the law enforcement function. People come to believe that policing is magic. And, psychics, profilers and crime solving gurus leap into action to protect us from the forces of evil. By the legerdemain of such antics, all our criminal behavior problems are solved. Sleight of hand skill has become more effective in the modern information age. The American public relies heavily on the airways for all sorts of information. Many people shape their beliefs by what they see and hear from the various media services. From movies to news reporting, the public often assumes the information they receive is based on fact not fiction. We are inundated every day by all sorts of tactics and techniques. Yet, information is transmitted for entertainment purposes, not for educational enlightenment. Lies, myths, and misconceptions become part of a process of changing our reality into sound bites, or staged story scenes. The dividing line between entertainment and news merges with mass marketing and salesmanship. Using those outlets for mass dissemination, politicians, activists and retailers perform clever tricks of the trade to misinform and manipulate. Entertainment comes across as a disguise for sensationalism. Ratings and polls become the barometric pressure of success or failure in an arena of mass media competition.
Law enforcement does not escape the bombardment of media and politics. Often it seems we are deceived by good intentions masquerading as myth, magic and metaphor. Again, looking good, for bureaucrats, the media and politicians, is better than actually being good. Subsequently, our systems of justice falter. Sure and swift prosecution, conviction and punitive retribution fail to reinforce the hard work done by the police work. So, if we are going to have an effective and efficient approach to crime control, then we are going to have to face reality. First, we have to find it. Second, we have to read between the lines by separating the pages where myth and reality merge. Third, we have to be on guard against an over-zealous media, sensational movie productions and career minded politicians. We also have to focus on recruiting, training and educating the best and the brightest law enforcement officers possible. Once on the job, then we have to give them every possible resource available. In the meantime, we try to find exceptional leaders to lead them. In addition, controlling criminal behavior requires that we look at ourselves. From politics to the corporate boardroom, criminal behavior permeates every level of society. Criminals are no different from the rest of us. In fact, they are us.
At the local level, the need for exceptional training for law enforcement personnel is essential. Officers must be highly skilled, educated and well-trained to deal with deviant anti-social behaviors. Crime, and the deviant behavior that goes with it, is typically a local government problem. As a local community issue, the police have to rely on the competence of local politicians. No doubt, a scary thought. Elected officials on city councils, county commissions on so on, decide the budgetary processes. In many cases, local law enforcement relies on low pay and benefits, limited material resources and ongoing shortages of qualified personnel. Such limitations strain police services. Many of the problems concern growth management issues. Growth management problems stem from political decisions. Criminals can easily figure out how this works. The more you grow the more material gain there is. And, if, while growing, you fail to plan for the public service infrastructure, the more there is to steal. In simple terms, budget constraints equal fewer cops and equipment, because that means more taxes to meet growth demands. Fewer cops and equipment mean fewer personnel for street or jail duty. For the criminal, mismanaged community growth and fewer cops mean more opportunities to find vulnerable targets to express criminal behavior. Urbanization of the community, with sprawling shopping centers, miles of highways and endless housing developments invite criminogenic problems. That is because more property and more people provide more targets of opportunity.
As communities get larger, with strained public service resources, the local criminal justice system bogs down. Crime control strategies become a matter of survival. In the confusion, we forget the basic reason people commit crimes. People commit crimes because they want to and what they want someone else has. There is no complicated formula, fad or fashion statement to be made about this. Criminals believe in only what they need or desire from others. Their relationships are based on what they can get. People who deviate from accepted forms know the “system” will not move fast enough to interdict. They can rely on politicians to provide “equal opportunity” environments for them.
Police services must be fully staffed and supported with professionals who expertly execute the mission of police work. In this regard, high standards and exception pay and benefits must be in place. In addition, every scientific and technological method must be provided to local law enforcement. High quality personnel and equipment must be deployed in the local community. When a major incident occurs, usually the “first responders” are the local police officers. They are the ones who bear the primary responsibility of dealing with crimes, criminals and crime scenes. Cops need to have all the necessary resources available to them all the time. The police mission includes the necessity of control of crime. Law enforcement operations are directed toward tactical and strategic considerations. To enhance the safety and security of the community, aggressive patrol operations are necessary. The police mission comes to bear on hardening the targets of potential criminality by early interdiction. Quick decisive patrol actions provide a degree of deterrence with respect to criminal activity. The “crime fighting model” of law enforcement, or sometimes called the “crime control model”, gives emphasis to efficiency, effectiveness, detection and prevention of criminal behavior. Within this rubric there is no room for myth, magic and metaphor.
Crime control is not the total responsibility of the police. The police are paid “professionals” who assume a certain level of accountability for dealing with criminal activity. It is primarily the responsibility of each citizen to be knowledgeable and involved the crime solution and prevention process. Citizens need to support their police in every way possible, from funding to recruitment. Adequate staffing is one way to ensure community efforts are directed toward the safety and security of the community. The prevention of crime, detection of criminal activity, and control of deviant behavior become successful through cooperative efforts. The patrol force is the key mechanism by which the community deals with crime control efforts. No other aspect of law enforcement is more important or more critical than patrol operations. Patrol is the “striking force” that is designed deal with criminal behavior. In every sense of the word, patrol is the “backbone” of law enforcement. Aggressive patrol operations are essential to community safety, security and welfare. With this endeavor, crime control strategies require education, training, skill, practical knowledge and experience among the practitioners.
To control crime, a complete overhaul in thinking is required. We have to stop blurring the reality between the real and the reel. Criminals are just like us. They commit crimes because that is what they want to do. Controlling crime, means controlling ourselves. Designing communities with that in mind directs us toward removing opportunities for crimes to occur. To ensure the inclusion of proper safeguards and preventive measures, adequate numbers of well-trained officers must be available. In addition, enforcement cannot be stifled by political influence. Everyone must be treated with equal standing regardless of who they are, or who they know. Myth should be left to the realm of philosophy. Magic should stay in the circus. And, metaphor should remain within the bounds of great literature. So, as a community let’s stop the sensationalism and start the seriousness. Crime can be controlled.
References
http://www.radfordreviews.com/cgi-bin/about.cgi from the book by Benjamin Radford, Media Myth Makers, Prometheus Books, 2003;
[http://www.rppi.org/newurbancrime.shtml]
http://members.cox.net/samenow/conceptapril_06.html
Jeffery, C. R. Crime Prevention Through Environmental Design, (Beverly Hills, CA: Sage Publications, 1971), page 54;
Biographical Sketch of Randy Gonzalez
P.O. Box 19162
Sarasota, Florida 34276
941-915-8998
http://www.myspace.com/cryptocriminology
Randy Gonzalez has been an active member in the criminal justice field for the past 32 years. As a police officer, deputy sheriff and police instructor, he's taught and written on various criminal justice issues. Dr. Gonzalez is a former police chief. And, as a police academy director, he was responsible for basic recruit training, as well as career development courses for in-service law enforcement personnel. Dr. Gonzalez also serves as an adjunct professor of criminology on the faculties of a state university, community college, private university and local technical institute. He serves as an educational consultant to schools and colleges on matters of law enforcement education.
Dr. Gonzalez holds B.A. and M.A. degrees in Criminology, an M.P.A. degree in Public Administration, a Ph.D. in Philosophy. As well as law enforcement instructor certificates. He's a member of various professional organizations and writers groups.
Defending People Charged With Internet Crimes
According to reports published by the United States Federal Government, in the mid-1980s, trafficking of child-pornography within the United States was nearly eradicated through successful campaigns by federal and state authorities.
In the 1980's, producing child pornography was difficult and expensive, however, with the advent of computers and the internet, child pornography has become easier to acquire, reproduce and store.
Digital cameras and the ease in which images and movies can be posted on the internet, combined with a world wide web which has no borders, has made it easy for distributors and collectors of child pornography to obtain the illegal photographs and videos. Although most people have some knowledge about the vast amount of pornography located on the internet, The National Center for Missing & Exploited Children has estimated that 20% of all internet pornography involves children.
Legally speaking, 20% of the pornography located on the internet is illegal to possess in the United States.
As a result of the increase in the availability of child-pornography, federal and state convictions for crimes related to child-pornography has increased. Recently, the United States Department of Justice announced a national strategy for eliminating child pornography. The effort includes nationalized databases allowing states to share information and the hiring of 38 assistant U.S. Attorneys across the United States to prosecute child pornography crimes.
A person must merely open a newspaper or watch the television to find a news article or picture of a person whose name and reputation is ruined by state or federal charges related to possession of child pornography.
Instead of focusing on the people producing child pornography, efforts have shifted and law enforcement is now targeting people who possess child pornography. In order to help prosecute regular citizens, the federal government has partnered with internet search engines to find people searching for, downloading and possessing child pornography.
Computer crimes are not limited to simply possession or distribution of child pornography.
Many people have seen television shows where law enforcement uses a computer to lure unsuspecting people into illegal situations (e.g., NBC's documentary, To Catch a Predator, etc.).
In such situations, a law enforcement officer poses as a minor and lures a unsuspecting person to a location; the location is usually portrayed as the minor's home. When the unlucky person arrives at the minor's home, television cameras record the subsequent conversation between the surprised adult and law enforcement.
Sometimes, the unlucky person believes (or hopes) he or she may be able to "talk their way out" of a potential arrest; however, the statements made by the person is recorded and likely used by a prosecutor as the basis for a criminal prosecution.
In short, sex crimes, internet crimes and computer crimes are a primary focus of state and federal law enforcement throughout the country.
Examination of the Computer
In any case involving a computer, it is critical to use a computer expert in any child pornography case. The use of such experts can help establish a defense to the crime by showing some of the following:
• When an illegal file was downloaded;
• Which computer program was used to download an illegal file;
• Which computer user downloaded an illegal file;
• Whether the illegal file was placed on the computer as a result of a computer virus;
• Whether the illegal file was placed on the computer by somebody "hacking" into an unsuspecting user's computer, and;
• Whether the people portrayed in the images and/or movies are actually "children" or models above the legal age of consent who are "posing" as a minor.
Unfortunately, most attorneys do not have sufficient knowledge about computer technology to even consider the use of computer experts. Most attorneys without sufficient computer background simply believe that if child pornography is found on a computer, the person is "guilty".
Examples of Common Situations
Throughout the United States, prosecutors can file variety of different charges against a person for using a computer for what may appear to be legal activities.
Three common examples are provided:
Example #1: A suspect looks for pornographic material on the internet and subsequently downloads both legal and illegal materials (e.g., child pornography, etc.). The illegal materials actually come from a website which is operated by the federal government for the sole purpose of finding and arresting people who download child pornography. Once the illegal materials are downloaded from the law enforcement computer, a warrant is requested from a local court and the computer is seized and searched.
The person is arrested even if they didn't know the materials downloaded onto their computer were illegal.
Many people believe that if a website looks "legitimate", the materials that come from that website must be legal to possess (e.g., pictures, videos, etc.); however, such an assumption is not true.
As indicated, the federal government has set up "legitimate" looking websites which provide child pornography. The sole purpose of the website is to lure a person into committing illegal acts (e.g., downloading an illegal movie and/or picture, etc.) and then arresting that person for downloading and possessing the illegal item provided by the federal government.
Example #2: Similar to the example above, a suspect uses a "peer-to-peer" file sharing program to download pornography (e.g., LimeWire, Bittorrent, BearShare, etc.). Unbeknownst to the suspect, some of the pornography downloaded is actually child-pornography, and it comes from a computer owned and operated by law enforcement. Once the illegal materials are downloaded from the law enforcement computer onto the suspects computer, a warrant is requested from a local court and the computer is seized and searched.
Another example is when law enforcement uses those same "peer-to-peer" file sharing programs to "search" for illegal child-pornography. Once law enforcement finds illegal materials, a computer program determines the TCP/IP address of the computer which houses the illegal materials. With the TCP/IP address, law enforcement can issue a warrant to determine the location and address of the suspect computer. Once law enforcement knows the physical location of the suspect computer, another warrant is obtained allowing the search and seizure of the computer.
Example #3: A suspect contacts a person believed to be a minor through a chat room on the internet. The minor is actually law enforcement. Through several conversations, the suspect is either encouraged to send naked pictures, or, in the worst-case scenario, the suspect is badgered into a personal meeting with the minor only to arrive at a pre-arranged destination and have law-enforcement waiting to arrest the suspect.
The three examples are common situations where people are charged in either federal or state court, however, the examples provided are not the only actions which can result in criminal charges.
Federal Charges relating to Child Pornography
Federal law makes it a crime to possess or distribute child pornography. Specifically, Title 18, section 2252 and 2252A of the United States Code criminalizes possession or distribution of child pornography.
Federal law defines child pornography as any visual depiction (pictures, video, data stored on a computer, etc.) which involves a minor engaged in sexually explicit conduct.
Title 18, section 2256 of the United States Code contains several definitions relating to crimes involving child pornography; the following simplified definitions are provided:
Minor: The term "minor" as used in the federal law, means a person under the age of 18.
Sexually Explicit Conduct: The term "sexually explicit conduct" as used in the federal law, means any sexual act, including material which simply shows a child's genital area.
Visual Depiction: The term "Visual Depiction" includes film, videotape, or other data stored on a computer, or computerized data or any data able to be converted into a picture or film.
Although there are several different criminal provisions of the United States Code relating to computer crimes, charges and penalties associated with child pornography are provided:
Receiving or Distributing: If a person receives or distributes child pornography, that person is subject to imprisonment in a federal prison for a mandatory minimum sentence of five (5) years.
Title 18, U.S.C., § 2252(a)(2); § 2252A(a)(2) (2010).
Transporting: If a person sends, gives or provides child pornography to
another person in any manner, (e.g., via mail, email, any
electronic means, etc.), that person is subject to imprisonment
in a federal prison for a mandatory minimum sentence of five (5) years.
Title 18, U.S.C., § 2252(a)(1); § 2252A(a)(1) (2010).
Possessing: If a person possesses, in any manner, child pornography, that person is subject to imprisonment in a federal prison for not more than ten (10) years.
Title 18, U.S.C., § 2252A(a)(4)(b); § 2252A(5)(B) (2010).
In essence, federal law makes it a crime for any person to possess materials which display a person under the age of 18 nude, genitals exposed or engaged in any sexual activity.
When representing a person charged with a crime involving child pornography, it is important to fully understand the differences between the potential charges and the risk of incarceration for each.
Significantly, if a person pleads or is convicted of a crime involving the possession of child pornography, there is no mandatory minimum sentence; however, if a person pleads or is convicted of receiving, distributing or transporting child pornography, there is a mandatory minimum sentence of five (5) years imprisonment.
State Charges for Child Pornography
In essence, all states makes it a crime to possess pictures or movies which portray a child's genitals, pubic area or breasts (in the case of a female), if the child is under a certain age.
Common examples of illegal behavior are easy to image (e.g., a person possessing video tapes or pictures of underage children, etc.); however, the statute also criminalizes the possession of digitalized images and movies which can be stored on a computer or cellular phone. As such, if a person receives an illegal picture through email, and the person has a phone which receives email, a person could be charged and convicted simply for illegal items accidentally saved on their phone. Further, with the increasing popularity in cellular phones which are capable of taking pictures and recording movies, many more people are at risk of criminal charges for simply taking and saving illegal pictures.
Many state laws make it a crime for anybody to make a picture or video which shows a person under the age of 18 with his or her genitals exposed in any manner or engaged in "sexually explicit conduct".
This includes pictures made with a cellular phone or a digital camera.
Prosecutors in many states have used this statute to prosecute people for merely downloading or copying images from the internet and then saving those pictures onto the hard-drive of a computer.
Restated, if you are downloading images and/or movies from the internet and then saving those images and/or movies on your computer, you may be charged in state court with the crime of manufacturing child pornography under the above statute.
Common Defenses in both State and Federal Court
Regardless of whether criminal charges are filed in state or federal court, there are many issues which should be examined by an experienced criminal defense attorney familiar with computer crimes.
The same issues arise whether the crime involves child pornography, sex crime or general internet crimes.
Although not limited to the following, several common issues which frequently arise are analyzed.
Knowing possession
In both state and federal court, in order to be convicted of the crime "possession of child pornography", a defendant must knowingly possess child pornography, that is, the person charged must have knowledge of the existence of the child pornography.
This means the government must prove, beyond a reasonable doubt, that the person accused had knowledge of the existence of the child pornography.
Giving a Statement
Many defendants mistakenly believe if a reasonable explanation is provided as to "why" child pornography is on a computer, criminal charges can be avoided.
Restated, many defendants believe that providing an honest statement to law enforcement will help avoid being arrested or facing criminal charges.
That is not true.
When a defendant provides a statement to law enforcement, the statement will likely be used against the defendant during a criminal prosecution.
A criminal defense attorney should try and suppress any statements given by a defendant which, in any way, provide a link between the defendant and any child pornography found by law enforcement. A Motion to Suppress should be filed regardless of whether the defendant was in custody when the statement was given.
Many people believe statements given by defendants can not be suppressed if law enforcement provides Miranda warnings. This is also not true. An attorney should try and suppress statements given by a defendant even if law enforcement provides Miranda warnings.
Recent case example
In one recent case, an older, married man was suspected of possessing child pornography based upon activity to known websites containing child pornography. The gentleman lived with his wife in the suburb of a large city and had lived in the same neighborhood for years.
Law enforcement did not have enough evidence to get a warrant to enter the suspect's house and seize the computer. Because they couldn't get a warrant, law enforcement decided to walk up to the man's house and talk to him to see if they could gain access to the house voluntarily.
In arriving at the house, law enforcement waited until approximately 7:30 p.m., when it was dark, and all the people in the neighborhood were home. Three federal agents and some local police came to the older man's house. After convincing the man that they should be allowed into the house, the authorities also convinced the man they should be allowed to "examine" the computer within the house.
In short, law enforcement coerced the gentleman to verbally provide permission to search the computer. Law enforcement threatened to stay in the man's house for several hours while they attempted to get another search warrant. Law enforcement also threatened to seize and take several items which belonged to the man's wife.
The man believed if he did not give consent, multiple officers would arrive in the neighborhood with the lights on their patrol cars flashing, law enforcement would stay in the house for hours, search through all of his items and his wife's items, and ultimately take several things which belonged to him and his wife.
After several hours of badgering, and believing he had no other choice, the man finally admitted he may have downloaded child pornography, provided verbal consent and the computer was seized. Shortly thereafter, the man was federally indicted because his computer contained child pornography.
In the above example, an attorney should challenge whether the officers even had the right to go to the man's house and talk to the older gentleman. An attorney should also challenge the verbal consent and statement given by the older man on the basis the consent was coerced. Finally, an attorney should challenge whether the officers had the right and authority to examine the computer because the wife did not give consent and both parties had access to the computer.
Initial Seizure of the Computer by Law Enforcement
In all criminal cases involving a computer, it is likely that law enforcement will seize the computer and subsequently perform a forensic search of the computer.
Although all law enforcement has different procedures for an initial search and seizure of a suspected computer, an experienced criminal defense attorney should ensure all procedures were followed properly.
The failure of law enforcement to follow proper procedures in analyzing a computer for the presence of child pornography can result in charges being reduced or completely dismissed in some cases.
Recent case example
In a recent case, a defendant's computer was seized and subsequently examined by a computer expert hired by local law enforcement. The expert reviewed the computer and found what was believed to be child pornography.
When deposing the expert, attorneys discovered the expert did not follow procedures and protocol required by both federal and state law. Because the proper procedure was not followed, several motions were filed and arguments were made in court to have the charges dismissed. After several days of arguing, the prosecuting attorney finally agreed to a substantial reduction of charges.
Recent case example
In one recent case, a computer was seized by a person suspected of possessing child pornography. A close examination of the computer and suspected child pornography resulted in the discovery that the pictures believed to be "illegal" were downloaded from a commercial adult website and the alleged "children" were adult models.
In that case, the owners and creators of the website were contacted and records were sought to demonstrate the people within the pictures were actually adults.
Determining who had access to the Computer
In most households, multiple people have access to a computer. Sometimes, people even allow friends, relatives and neighbors access to a computer. We have represented clients charged with crimes simply because the person allowed other people to use their computer.
In such cases, it is important to thoroughly consider all people who have had access to a computer to determine possible defenses. Such information is critical in establishing the party responsible for putting illegal material on a computer.
Recent case example
A defendant was recently charged with possession of child pornography, however, the defendant lived with three (3) other people. A detailed examination of the computer determined most of the illegal materials were downloaded onto the computer between 8:00 a.m. and 5:00 p.m. during the regular work-week. Because the defendant worked a regular job during the day, employment records were sought and ultimately, a significant amount of doubt was cast upon who, exactly was responsible for downloading the illegal materials, and the defendant accepted a very good plea agreement which completely avoided the risk of lengthy imprisonment.
Limewire and other "peer-to-peer" networks
Although many people use software such as Limewire for legal purposes, some people download child pornography using such software.
When a person is facing charges which involve "peer-to-peer" networks, such as Limewire, Kaza, etc., an attorney with technical knowledge can quickly look at a computer to determine whether the material may have been downloaded "accidentally." Restated, an experienced attorney can look at the manner files were downloaded onto a computer to determine whether a person was intentionally seeking illegal materials such as child pornography or whether the person accidentally downloaded child pornography.
Remember, the law requires a person "knowingly" possess child pornography. Possession of pornography involving adults is not a crime. The government must prove, beyond a reasonable doubt, a defendant knowingly possessed the illegal image(s) and/or video(s) and the person charged must have reason to know of its true content and character (e.g., that the material is illegal, etc.).
As such, if a person did not intentionally download child pornography, it is likely the person would not know the illegal item was located on their computer. An attorney with computer knowledge will examine a computer to determine whether illegal files were likely downloaded accidentally.
Further, experienced hackers can access a person's computer through an internet connection and store illegal materials on the computer of an unsuspecting person.
Restated, pedophiles with computer knowledge can hack your computer and use your computer to store and access their illegal child pornography without fear of getting caught.
Use of Computer Experts
As noted above, although it is important to have an attorney who possesses significant computer knowledge, it is also important to have a computer expert on your team who can provide testimony, if necessary, to the technical issues which arise when defending somebody charged with a computer crime.
Recent case example
In a recent case, a defendant was charged with several counts of possession of child pornography based upon images and movies found on his home computer. The defendant's computer was seized by law enforcement and later searched by law enforcement when the computer was at the police station.
When deposing the police officers who searched the Defendant's computer and found the illegal material, I discovered the "expert" did not follow procedures and protocol required by both federal and state law.
Simply stated, the police officers did not follow the required technical procedures when searching for pornography on the Defendant's computer.
Recognizing the problem, the client retained a computer expert who also reviewed the analysis done by law enforcement. The expert wrote a report showing the technical mistakes made by law enforcement, and how those mistakes impacted the Defendant's ability to establish a defense.
Those mistakes were the basis for defense motions to dismiss the charges for violation of the defendant's constitutional rights. Ultimately, the prosecuting attorney agreed to a substantial reduction of charges.
Punishment in Federal Court
If a person is convicted of a crime involving a computer or the internet in Federal Court, the person will be sentenced based upon the Federal Sentencing Guidelines.
Although no longer mandatory, the Federal Sentencing Guidelines is a compilation of written standards which exist all across the nation to help equalize sentences for similar crimes. The Federal Sentencing Guidelines (hereinafter "The Guidelines") provide a framework for judges to follow when determining an appropriate sentence for an offender. The Guidelines help ensure that a person convicted of a federal crime in one state receives a similar sentence to another person convicted of the same crime in another state.
With respect to a crime involving child pornography, the term of imprisonment for a convicted defendant can increase significantly based upon factors outlined within The Guidelines.
The following enhancements may apply in a case involving child pornography.
Prepubescent Minors: If the materials found on a computer (e.g., pictures and/or movies, etc.) involve a "prepubescent minor" (e.g., a minor who had not attained the age of 12 years), an increase in the sentence is warranted.
Use of a Computer: If a computer is used to access, distribute and/or store the illegal materials, an increase in the sentence is warranted.
Sadomasochistic Conduct: Depictions of sadistic or masochistic conduct or other depictions of violence in the materials requires an increase.
According to recent federal decisions in the issue, penetration of children (in any manner) qualifies as "sadomasochistic conduct" because the courts believe forced sex of a child is painful and, as such, "sadomasochistic".
Number of Images: An increase in the sentence is also warranted if the number of images located on a computer is more than 10 images. A substantial increase is warranted if there are movies and/or videos located on a computer. One video counts as 75 images, and videos substantially longer than 5 minutes may require an upward departure.
In short, after considering all of the factors which impact a potential sentence, it is not uncommon for a person convicted of possession of child-pornography in Federal Court to have an average sentence somewhere between eight (8) and fifteen (15) years.
Enhancements exist in Federal Court for every type of computer crime, not just possession of child pornography.
Punishment in State Court
As indicated, in every state, felony charges exist for sex crimes, internet crimes and computer crimes.
As in Federal Court, there are many factors which can impact a judge's decision in imposing a sentence. An experienced attorney will ensure a Court is aware of all favorable factors before a defendant is sentenced.
Conclusion
The popularity of computers and the internet have made it easier for people to commit computer related crimes. The consequences of criminal charges related to computer crimes can include a lengthy term of imprisonment. It is imperative that a person facing criminal charges for computer crimes consult and retain an attorney who has in-depth experience and knowledge about computers and other technology. Frequently, it is such knowledge which provides the basis for a short sentence or probation as compared to a lengthy sentence of imprisonment.
Chad J. Wythers
Berry Law Firm
2650 N. 48th Street
Lincoln, NE 68504
(402) 466-8444
http://www.jsberrylaw.com
Blue collar vs. white collar crimes
Have you ever heard the phrase "white collar crime"? No, not just a popular TV show aired on the network of the United States, but the real crime category termed thusly for a class of people who typically commit the crime. There is a big difference between blue collar and white collar crimes in the United States by the crime classifications for the punishments thereof.
Generally speaking, the traditional clothing of the person who made this style of crime defined the crime rankings. White collar refers to dress shirts worn by these types of office workers wear white collars and ties. Blue collar will refer to standard uniforms worn by many people from the working class. These are very general terms, and there is no law that States that the working-class person cannot perform the white collar crime and vice versa. The classifications refer more to the offense as a general definition than the actual perpetrators. Also, these are common classifications, coined by the media and are not codified as criminal offences in the classic sense of the word in the judicial system.
Definition of blue collar crimes
Blue collar crime was highly visible crimes of the average working class or poor American, from violent crimes to theft and even drug-related offenses. Most are committed by people who believe they have nothing to lose and everything to gain from the success or failure of the crime and the crime was committed due to a lack of hope, environmental pressure, peer pressure or just a feeling that there are no other options.
Blue collar crimes are usually associated with Americans, who work for a living, the title of the to-dos for the day or night shifts in order to earn income and family support the hard way. According to experts, the unemployed have the highest risk for carrying out what is classified as a blue collar crime. Crimes in this category typically include theft, drug charges, DUIs and violent crimes. Remember that many powerful leaders charged with crimes of DUIs, crime, violence and drugs. The difference is that they are not responsible for these kind of crimes with the same high speed as blue collar workers.
White collar crimes
The opposite of blue collar crimes, white collar criminals are typically upscale people who inherited money or earn a lot of money in the upper level jobs, such as governance, business or corporate bigwigs, and so on. The types of crimes are usually technical or money-related in nature, such as computer-based crimes or abuse, as well as these crimes are constantly increasing, as more people discover the negative aspects of doing business primarily online.
There are many different complex offences that are classified as white collar crimes according to legal precedent. These include, but are not limited to: embezzlement, money laundering, identity theft, credit card fraud, hacking, fraud and similar crimes. Penalties for white collar crimes are dramatically different, and often to pay probation or community service in connection with high monetary fines, instead of focusing solely on imprisonment, as is the case with many blue collar crimes. However, with the Bernie Madoff scandal, as well as other recent Wall Street crimes, more white collar offenders face stiff criminal penalties, which include long periods of imprisonment in federal prisons. This is due in large part to the severe social and economic consequences of these crimes and brought to these crimes from the media attention.
This information is provided for informational purposes only and does not constitute legal advice.
William Bligh of the Law Office of William t. Bly is a Defender , who spends part of their efforts on criminal defense -related topics such as blue collar and white collar crime. To read more, please visit the website of the company.
Today in Crime History: Typhoid Mary is Freed
His story was the darkest side of whispered urban legends that often turn out to be nothing but myths. But in 1996, these events became a harsh and disturbing reality. He was called "Boss Man," and he roamed through the battle-scarred streets of East St. Louis, where boarded-up storefronts and burned-out cars are a common sight. Frequently at the wheel of expensive, flashy cars, the "Boss Man," whose real name was Darnell McGee, was known as a ladies' man, and rumors of his many conquests, including some very young girls, swept through the riverside slum in 1996. Though his source of income was unknown, McGee always seemed to have a lot of cash and would often take his girlfriends on shopping trips and lavish them with gifts. To a young girl from East St. Louis, the attention may have been irresistible. But that happiness was short-lived and quickly turned to horror when it was revealed that Darnell "Boss Man" McGee was not only infected with the AIDS virus, but was spreading it to all his sex partners. According to a report in the Times, at least 62 women had been exposed to the deadly virus as a result of McGee's conduct (April 19, 1997).
"Investigators say McGee preyed on girls with low-self esteem, making them feel more important with flattery and gifts, and would pick them up in front of schools, liquor stores and skating rinks," reported the Associated Press (Farrow). When authorities first learned about the story, an intensive search was conducted to locate and identify the victims. But they had to search without his help. On January 15, 1997, the "Boss Man" was shot and killed while driving through the mean streets of St. Louis with his latest girlfriend by his side. At the time, some cops speculated it may have been revenge from one of his many victims. But later, it was determined to be an ordinary street robbery. Had he lived, Darnell McGee may well have been prosecuted for his incredibly vicious conduct. Intentionally spreading the HIV virus is a felony in both Illinois and Missouri. "He was a lunatic," said one girl to the press. "He knew he was going to die. He was going to take as many people with him as he could" (Nossiter).
The idea of someone intentionally passing on a fatal disease is a plausible nightmare. "I'd characterize it as despicable," said one law enforcement official to the press. "It's horrifying" (Barron). But human carriers who spread infections are, in fact, more common than is believed. In 1999, a New York man pleaded guilty to reckless endangerment in the first degree after exposing his sex partners to the HIV virus. But "authorities believe (he) had sex with more than a dozen young women in upstate New York without telling them he had the virus" (February 27, 1999, Times).
However, one of the first and most notorious healthy carriers of a contagious disease was not either of these individuals. That distinction belongs to a rather obstinate and disagreeable female who passed on her disease to hundreds, perhaps thousands of innocent people during a period when America was much more susceptible to epidemics than it is today. Her name was Mary Mallon. But she was better known by the title bestowed on her by New York's feral tabloids: Typhoid Mary.
Does crime pay?
Crime is defined as "a breach of a rule or law for which a punishment may ultimately be prescribed by some governing authority or force" (Crime). What if crime did not exist? Who would fund public works? How many professions would not exist? Would the county require more funding from federal and state grants? Among other things, isn't it true that the derivative of crime is financial punishment? Is crime financially detrimental or beneficial to society? In this case study the authors will attempt to answer these questions. Using a sample, the authors will prove that the funds derived from crime offset the cost of crime. Furthermore, this report will provide the findings of a detailed analysis of the cost- benefit relationship, which includes the financial impact and benefit that crime imposes on society. In this report it will be determined that crime acts as an economic stimulant. Rather than focusing on the morality of crime, the authors will focus on the financial and economic impact of criminal activity.
The first step in the process was to select a sample to analyze. The sample size became important because it needed to be an accurate representation of the population. The authors chose Chester County, Pa because of its relevancy to West Chester University. Next, the authors gathered and compiled multiple financial statements. These included the Statements of Disbursements and Receipts from each district court along with the Chester County Budget. For the purpose of finding revenues and costs directly or indirectly related to crime, the data was extracted from these documents (Refer to Exhibit 1).
The formulated crime "income statement," constructed by the authors, proved their financial assumptions to be truthful and accurate. The finalized "income statement" stated that revenues and costs were nearly equal. Therefore, the cost of crime directly offsets the revenues derived from crime. Furthermore, Chester County encountered a realized gain of approximately two million dollars. Based on this analysis, it is fair to state that crime is slightly financially beneficial to Chester County. This idea concludes that no extra state or government funding would be necessary if crime did not exist. One must be advised that during the analytical process the authors were forced to make reasonable and fair estimations because of the lack of specific information and resources. In order to be as accurate as possible, the authors separated the costs into their respective categories based on civil and criminal cases reported by the magisterial district courts. (Refer to Exhibit 1, *1). The general health and well-being of a community is important to all residents of Chester County. A stable economy is essential for positive resident/county relationships. Crime stimulates the local economy in many ways. The economic benefits directly and indirectly related to crimes are countless. The authors decided to cite a few of these benefits.
First, in determining the effect crime has on public works, two aspects must be considered. One is that public works are funded by state and federal grants and not revenues received from criminals. Therefore, one would believe crime has no effect on public works. Or does it? Community service is another form of punishment that usually parallels financial reprimands. In fact non- violent criminals contribute their labor to the economy and other public betterment projects. This "free labor" ensures the completion of public works and the overall well being of the community. If a monetary amount can be allotted to community service, then the excess public work cost above community service revenue can only be funded by the state Secondly, there are many jobs that are directly related to the existence of crime. These professions most commonly range from lawyers, judges, and law enforcement/ probation/ parole officers, to prison security and corrections officers. Most of these local municipality jobs provide decent salaries and life long employee benefits to their respective employees. The average salaries of uniformed police officers range from forty to sixty thousand dollars annually, not including bonuses and overtime (Police Patrol Officer). Lawyers who practice law for more than four years on average make ninety thousand dollars, forcing them into a higher tax bracket (Salary Survey). Without crime high paying jobs would move toward extinction. Therefore, the county would receive less tax payments. Most lawyers are not collecting salaries from the local government, yet they make a decent living. With no more crime, lawyers, judges and law enforcement officers may still exist for civil matters, but not at their current capacity.
Other major professions that would be affected by the elimination of crime are the U.S. Armed Forces. Many Marines, Army, Air Force and Navy personnel reside in Chester County, including one of the authors, Marine Corporal Cianci. In fact, there is an Army National Guard base located in the center of West Chester, Pa. Without crime there would be a decline in the capacity of the armed forces. The loss or decrease of these crime dependent jobs would damage the local economy. The education system is another entity that is affected by crime. Chester county colleges such as West Chester University, Penn State Great Valley, and Immaculata University are well known for their criminal justice programs. Without crime, classrooms would be empty and teachers would be unemployed. Universities would be forced to downsize. The criminal justice curriculum would cease to produce revenues. Universities that base their curriculum strictly on law would be disseminated. Finally, the reader must consider how manufacturing plants affect the local economy. Law enforcement officers drive specifically manufactured vehicles that aid their crime fighting abilities and even make it possible. These vehicles are equipped with lights, sirens, and custom made seats. Ford, General Motors, and Chrysler are the three major U.S. car manufactures responsible for law enforcement vehicle assembly (Police Cars). If crime were to be eliminated the manufacturing segment of the economy would be tarnished. Decreased manufacturing would lead to a decrease in the Gross Domestic Product. The principles of economics determine that manufacturing facilities harbored in the United States provide a greater economic benefit than imported vehicles.
The authors' examinations determined beyond reasonable doubt that crime influences economic infrastructure. Without crime an intricate slice of the economic pie would be missing. The most important form of influence results from the cash flow that crime creates. The revenues pulled in by district courts, which is disbursed to the state and redistributed, benefits individual communities and the county as a whole. It is critical to reiterate the jobs and opportunities that stem from crime.
Now, consider the previously established definition of crime. This definition is an essential element in determining the "other" financial and economic benefits crime provides. At this point one may be thinking, "where is this going?"
Thus far, the authors have focused on the action of crime and the "law's" reaction. The "law" includes all legal and judicial persons of who associate themselves around the legality of criminality. What about crime that is financially punishable by private institutions? These privately owned institutions include college universities, banks, apartment complexes, residential communities, libraries, movie/game rental franchises, medical/dental establishments, and trash/recycling entities. The privately owned establishments are the governing force. Therefore the crimes, not punishable by the court of law, are breaches of rules consequently resulting in fines and fees. These fines and fees are collected for cancellation charges, late returns, late payments, "no shows," and bank overdrafts. Furthermore, these revenues are cost free. They could be characterized as pure profit without expense. In some cases they even reduce cost.
In the case of late fees the governing force is the college university. Yes, the university is state funded, but the tuition late fee payment benefits the school. Does all of this not fuel the economy? Finally the authors will examine the privately owned drug and alcohol clinics and classes that one must take to avoid a conviction and escape sentencing. These establishments including COAD (Chester County Council on Addictive Diseases), located in Exton, Pa, are individual entities, separate from the state, and do not include their revenues in the Chester County budgets. For example, COAD charges an individual arrested for driving under the influence approximately three hundred dollars for enrollment in local government mandated classes. The compilation of such money stimulates the local economy and influences a greater enhancement of the Chester County community relationship.
In conclusion it would be vindictive to assume that crime is strictly detrimental with regards Chester County's financial stability and economic infrastructure. In order to tie everything together one must imagine the big picture. The cash flow cycle responsible to crime has a deep impact on the local economy. Does crime pay? Yes crime pays for itself, and also provides an economic benefit to Chester County and its subsidiaries.
(Exhibit 1) Chester County, Pennsylvania, 2006-Revenues from crime received by law enforcement and court authority $51,026,376. Cost that would be eliminated without crime $56,328,802. Gross income equals $2,309,780.
Data was retrieved from the 2006 Chester County Budget. The cost ratio's were determined based on the stated Chester County civil/criminal ratio which equaled: 12% civil and 88% criminal. There was not enough information or resources to separate fixed and variable costs into their respective components.
"County of Chester, Pennsylvania 2006 Budget in Brief." Chester County. 2006. 16 April 2008.
Police Ask for Help Solving Denver-Area Possible-Serial-Killer Cold Cases
Victims from left: Karolyn Walker, Stephanie Bauman and Gayle Page JohnstonCold-case detectives investigating Colorado’s 1,500 unsolved homicides believe that 24 of those are the work of an as-yet unidentified serial killer.
Investigators in Aurora, Arapahoe and Adams Counties in Colorado are reaching out to the public in an attempt to solve a decades-old possible serial-killer case. When Detective Steve Conner of the Aurora Police Department started plotting unsolved murders on a map, a pattern started to emerge, “Wherever the bodies were found, we just plotted them on a map and that was kind of an ‘ah-ha’ moment,” he said. All of the young women’s bodies were all found in the 1970s and 1980s, on the I-70 corridor, in ditches and in fields along the side of the road — not hidden, but displayed — legs spread apart and visible from the road, an intended shocker for passing motorists. The dump sites are all in Aurora, Arapahoe and Adams counties, and the victims all share similar physical characteristics.
Police now believe that high-school athlete Karolyn Walker, who disappeared on July 3, 1987, at age 18, was a victim of this nameless killer. Karolyn, who was popular and excelled in swimming, gymnastics and volleyball, was raised by her mother Claudine along with her siblings Gary, Glen, Victor, James and Charmaine. One night Karolyn went to her job at Domino’s in her boyfriend’s car and never came home. Her stalled, abandoned car was found in Denver, and three days later her nude, badly beaten, unrecognizable body was found posed with legs spread apart near I-70 and Colfax. She had been strangled. Stephanie Bauman’s family believed that she had fallen in with the wrong crowd when she disappeared from her group home. Her body was found two weeks later on October 26, 1980, bruised, nude, and posed with her legs spread apart on County Road 173 and U.S. 36 in Arapahoe County. Her clothes were found about a mile away. She died of hypothermia. Forensics was able to collect genetic material from the body for DNA testing. There is even less on record about Gayle Page Johnston, who was shot in the head on September 5, 1976. Her body was found on E. 100th Avenue and Highway 2 in Adams County.
Police hope that this appeal to the public will prompt anyone with information or who might have witnessed something to come forward. Callers may remain anonymous.
Anyone with information is urged to call the Denver Area CrimeStoppers at 720-913-STOP (7867) or any of the police departments in Aurora 303-739-6118, Arapahoe 303-795-4711 or Adams Counties 303-654-1850.
Stop! You Don't Have to Do Crime!
I spent years trying to understand why I did crime, why I began so young and what I needed to do to stop! Even after learning the answer, I spent additional years learning how to stop doing crime.
Impatient greed motivates crime! No! environment challenges, such as poverty, diminished opportunities, etc. neither cause nor motivate crime. You do not inherit criminal thinking from your parents or other relatives. You see, crime is a way of thinking that makes it okay to harm others for self-gain. You do not do crime because others do. You do not do crime because you grow up in impoverished circumstances. Those are all lies, designed to accomplish the third of the three-prong prime directive of crime. All criminals desire to get over on people, to get away with it, and if caught to avoid the consequences, if possible, so the person can return to doing crime.
In other words, crime is a personal, individual decision that develops from impatient greed. Therefore, you do not have to do crime. In other words, you do crime because you want what you want and you want it now, no matter who you must harm to get it. Therefore, just as you decided to do crime, you can decide to stop!
Impatient greed often leads to violence because this mindset of getting what I want when i want it, no matter who I must hurt to get it, includes violence. When you do crime, you always try to go in with an advantage over your victim, just like any other predator.
Take a lion, for example. Lions hunt with great steath. They track a herd of African antelopes, for example, until they're able to isolate one from the herd, cut it off and kill it. In the same way, criminals isolate victims, cutting them off from whatever could protect them from the crime.
Many people, particularly the families and loved ones of criminals do not like it when I refer to criminals as people predators, but I don't know of a better term to succinctly describe the thinking, the attitude and the behavior called crime.
Okay, now you know why criminals do crime, and I don't care how you label it, street crime, white collar crime, whatever, the definition holds up. Crime is a way of thinking that makes it okay to harm others to get what you want when you want it.
During the past 40 years, I have learned how I stopped during crime. I have isolated a seven-step process of inculcating certain basic principles into my life that have propelled me, over time, from crime to contribution. In summary, here's what you must do:
1. Change your thinking, and when you do, you can . . .
2. Change your beliefs, and when you do, you can . . .
3. Change your perspectives, and when you do, you can . . .
4. Change your attitude, and when you do, you can . . .
5. Change your behavior, and when you do, you can . . .
6. Change your results or outcomes, and when you do, you can . . .
7. Change your life
This seven-step process leads to mental, emotional and physical changes that transform you from predator to contributor. But it's not easy.
Remember, a three-prong prime directive governs criminal thinking. Criminals want to get over, get away and if caught, get out as soon as possible so they can return to getting over. The operative term in this directive is "get!" It summarizes the principal motivation of all crime--to get! To stop doing crime, you must change that thinking to the thinking summarized in what I refer to as the seven economic principles of the kingdom of God. Please understand that from whateve perspective you view it, crime is an economic issue. You--the criminal--do not have something you want! Usually, that "something" translates into a monetary value that you can trade or barter for something else you want, be it drugs, a fancy lifestyle, or whatever.
During the past 40 years, I have learned seven economic principles from the Bible that have been the principal reasons I no longer do crime because these principles yield a significantly greater return to me every month than my entire 20 years of doing crime did, combined.
This new thinking process begins with the priority principle stated in Matthew 6:33 that says: "Seek first God's kingdom and His righteousness and God will provide the basics--food, shelter and clothing. I do not have the time or the space here to elaborate on how this principle has been fulfilled in my life during the past 40 years, but rest assured that I know and know that I know the truth of this principle.
Next comes the performance principle, summarized in Luke 16:1-13 in the parable of the unjust steward. They key phrase says: "Anyone who is faithful in little will also be faithful in much. Being faithful in little means learning something that the Apostle Paul summarizes in his epistle to the Phillipians. He wrote: "I have learned that in whatever state I find myself, therewith to be content." Being content with little is synonymous to being faithful in little. This attitude of mental contentment continues to abide with you even as God increases your blessings to what can only be defined as "much."
Next comes what I refer to as the partnership principle, summarized in Luke 6:38: "Give and it will be given to you, a good measure, pressed down, shaken together and running over will men give into your bosom, because with the same measure you use in giving, I will measure it back to you." I apply this partnership principle, for example, with investors. In every investment package I put together, the investors receive 60 percent of the project revenue off the top, before business expenses, before profit. I do that because God, my business partner, promises to use the same measure I use--in this case 60 percent--in providing blessings to me. So every business deal yields a 100 percent return for me.
Next comes the payment principle, summarized in mark 10:29-30 "'I tell you the truth,' Jesus replied, 'no one who has left home or brothers or sisters or mother or father or children or fields for me and the gospel will fail to receive a hundred times as much in this present age (homes, brothers, sisters, mothers, children and fields) and with them persecutions and in the age to come eternal life.'"
Now we come to the preparation principle, revealed in Gen. 26:1-3, 15-16: "Now there was a famine in the land--besides the earlier famine of Abraham's time--and Isaac went to Abimelech, king of the Philistines in Gerar. The Lord appeared to Isaac and said: 'Do not go down to Egypt; live in the land where I tell you to live. Stay in this land for a while, and I will be with you and will bless you . . .Isaac planted crops in that land and the same year reaped a hundredfold because the Lord blessed him. The man became rich and his wealth continued to grow until he became very wealthy."
I was not anxious to return to Durham, my home town, where I had done all my crime, back in 1980 when God revealed through circumstances that I was to return here. I was struggling in Charlotte because I had quit my job at the Charlotte Observer, as a staff writer, to open my initial homebased business, as a fulltime free-lance writer. I knew absolutely nothing about being in business, and did not take time to learn before plunging into "business" which is different than being a writer. Like many other entrepreneurs, I knew how to do the work of my business--write professionally for various newspapers and magazines, but I did not know how to conduct the business of my work. So for the past 28 years, I have lived and worked in Durham, and God has granted me, as He did Isaac, a hundredfold blessing. Even now in the midst of what almost everyone refers to as an economic crisis, I see boundless opportunities for the continuing growth of my personal and business wealth. I am indeed in the right place at the right time with the right knowledge and a longrange plan.
The sixth of these seven principles you can use to stop crime is found in Prov. 14:23. "All hard work brings a profit, but mere talk leads to poverty." I refer to this as the professional principle.
As many of you know who regularly read what I write here, my first job after being released from prison on Dec. 9, 1968, was as a janitor in a local hotel, then called The Jack Tar Hotel/Motel. I worked hard there. I began my professional writing career in the fall of 1969 when I moved to Greensboro and wrote for a while for a weekly newspaper there--The Carolina Peacemaker. Then back to Durham where I wrote for a while for The Carolina Times, and then on to Raleigh where I wrote for a while for The Carolinian. In June 1970, I landed my first daily newspaper job--a staff writer with the Wilmington (NC) Star-News. Then in August 1974, after being out of prison for just six years, I landed a position as staff writer with The Charlotte Observer, one of the best newspapers in the southeastern United States. Again, I know and know that I know that all hard work brings a profit, but mere talk leads to poverty.
I refer to the seventh of these principles that have guided me from crime to contribution as the Providential principle, stated in the following verses of Proverbs, chapter 22: Verse 2--"Ill-gotten treasure are of no value, but righteousness delivers from death; verse 4--"Lazy hands make a man poor, but diligent hands bring wealth; verses 14 through 17--"Wise men store up knowledge, but the mouth of a fool invites ruin. The wealth of the rich is their fortified city, but poverty is the ruin of the poor. The wages of the righteous bring them life, but the income of the wicked brings them punishment. He who heeds discipline shows the way to life, but whoever ignores correction leads others astray. Finally, verses 21 and 22--"The lips of the righteous nourish many, but fools die for lack of judgment. the blessing of the Lord brings wealth and he adds no trouble with it."
There you have it--a seven-step process, focused on seven immutable laws you can use to stop doing crime The choice is yours!
See you at the top!
I have spent almost 40 years mastering the principles of how to stay out of crime and prison. I am now an expert and I want to share this expertise with others.
Unsolved Murder Spotlight: Shannon Paulk
Shannon Paulk. Family photo/handout.Shannon Paulk was 11 years old when she disappeared from her trailer park in Prattville, Ala., on August 16, 2001. For two hopeful months, Shannon’s family and friends clung to the possibility that the young girl may be found alive. But that hope was shattered when rabbit hunters discovered Shannon’s body in a forest 17 miles north of town. More than a decade later, the case remains unsolved.
Composite sketch of the man last seen talking to Shannon Paulk.After her disappearance, Prattville police released a composite sketch of a man last seen talking to her. He is described as 5’11 to 6 feet tall and very tanned with creases around his eyes. He has a mole with two hairs under his eye, and the bridge of his nose looks as if it had been broken. His arms are muscular and hairy and his teeth are yellow and crooked. The man drove an off-white colored, four door, medium sized passenger car, and may also have driven a red Jeep.
Two similar cases in nearby cities drew comparisons to the Shannon Paulk murder, but police can’t be sure if they’re related because all three remain unsolved. On August 15, 1999, Teresa Dean disappeared in Macon, Ga. On August 19, 2003, Heaven Lashea Ross went missing in Northport, Ala. Dean’s body was never found; Ross’s was discovered in 2006. Like Shannon, both girls were 11 years old and were abducted from trailer parks in mid-August.
Anyone with information about the man in the composite image is urged to email shannonpaulk@prattvilleal.gov
Thanks to reader Diana for suggesting this case. If you know of an unsolved murder you’d like to see featured on Crime Library, email us at CrimeLibraryInfo@gmail.com
If You Have Been Conned! Visit Fraud Attorney Daytona Beach
Doing crime is against the law and if the person is charged with criminal offense then he is in big danger and needs an attorney for help. Criminal offense is not a simple blame it is very serious and as soon as the police gets to know anything like that they immediately come with the arrest warrant from the opposite person and immediately arrests the person. So if the person who has been charged with a criminal case then before the police starts the interrogation or before being taken to the court the lawyer must be hired because if in any of the speeches the culprit says anything it might work totally against him and if the case was in favor might change to the opposite so the attorney should be hired before anyone starts interrogating so that if anyone wants to talk that would be possible only via the lawyer that means first the lawyer will observe only then the culprit can talk to others so it becomes a pretty safe state. Fraud is also a crime and if someone gets trapped in a fraud needs aid from Fraud Attorney Daytona Beach.
A person who does fraud does it intentionally either for its own gain or to harm the other person. People usually do fraud for money or valuables and also for properties. It is common to do a fraud but being a crime involves strict punishment. Fraud can be done in business, personal matters and many more. It is very common that when a person is getting friendly to you or is a family member having wrong intentions try to get along so much that you actually start getting close and you feel the person is trustworthy and even start sharing your personal life and in that case the person might seek information about the properties and many more. The culprit may try some ideas and try to fool you by making you do your signature onto something and you without even reading the paper sign the papers just because you had faith and the culprit may have written that the properties and valuables are all his and the person is happily giving all and your signature at the end, this is fraud in that case Fraud Attorney Daytona Beach is the only option left.
Fraud is done in business as well, doing forgeries and selling the property to a customer while that property originally is someone else’s and when you try to claim for it you realize that you had been trapped in a fraud and all money has gone at that time only help would be Fraud Attorney Daytona Beach.
The Author is conveying information about Fraud Attorney Daytona Beach and daytona beach criminal lawyer. You’re probably thinking, everyone says that, so, what’s different here. It’s the commitment of quality, genuineness, and a guarantee that values your time and interest.
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Bedtime Reading: The Disappearance of Danielle Imbo and Richard Petrone
Richard Petrone & Danielle ImboOn the night of February 19, 2005, Danielle Imbo, 34, and Richard Petrone, 35, vanished. They were last seen at Abilene's bar and restaurant on South Street in Philadelphia, and Richard's best friend Rick Bellezzi told the Philadelphia Inquirer that the couple "left the club happy at about 11:45." But that was the last time they were seen. Two adults traveling in a pickup truck — gone. No phone calls to friends or family members, no ransom notes, no wreckage, no remains. And now after nearly ten months of searching, the police say they have "zero physical evidence."
Despite extensive searches, Richard's 2001 four-door Dodge Dakota pickup has not been located. Richard's and Danielle's credit cards and ATM cards have not been used since they walked out of Abilene's that night. There has been no activity on either of their cellphones. Surveillance cameras that routinely record transactions at ATM machines showed no signs of either of them. Video cameras at highway toll plazas and river crossings have no record of Richard's truck passing through that night. It's as if they vanished into thin air.
"Not a lipstick, not a bag, not a shoe, not a car, not an eyewitness, not a tip, not anything," Danielle's brother, John Ottobre, told Philadelphia Daily News reporter Scott Flander. A reward of $100,000 is being offered for any information that will lead to the whereabouts of Danielle and Richard, and police in Philadelphia and New Jersey as well as the FBI continue to search for the couple. But so far they've come up empty.
Danielle is an attractive brunette with hazel eyes and an infectious smile. Her friends agree that she's "very smart" and has a "great sense of humor." One friend described her as a "brutally honest" person, "a tell-it-like-it-is type of girl." Until a few years ago she sang in a rock band called the School Boys, following in the footsteps of her late father, Johnny Ottobre, who in the 1950s had been the lead singer in a well-known doo-wop group called the Four Dates. She wears a tattoo on her lower back — the symbol for her astrological sign (Leo) inside a horseshoe of flowers.
Richard has two tattoos. On his right arm he has an image of clowns; on his left he has his beloved daughter's name, "Angela." Often described as good-natured and jovial, Richard has a stocky, solid build. He has blue eyes and brown hair and usually wears a goatee or a sculpted full beard.
Richard's and Danielle's families are understandably distraught and perplexed. Some family members fear the worst; others struggle to remain hopeful. Danielle's estranged husband, Joe Imbo, had allegedly threatened Richard Petrone over the phone on several occasions. Imbo was questioned by the police after the disappearance, but so far no arrests have been made.
According to Sergeant Tim Cooney of the Philadelphia Police, "No one is a suspect and everyone is a subject of this investigation."
How to Use the Power of Persuasion in Court
A criminal lawyer is someone who is tasked with the task of making sure that their clients in a criminal court win their case and convince the jury of their story. With the right lawyer you will have access to their huge amount of knowledge and experience, their brilliant ability to talk in public, and their advice and support. However this doesn't mean that you are completely 'off the hook' and that there's no part left for you to play. While your lawyer will be representing you, all eyes are still going to be squarely on you and all ears are going to be listening to what you have to say.
As such then it pays to be able to know how to make yourself seem reliable and trustworthy, as well as how to present yourself in a confident manner that will be compelling and passionate. To this end it may help you to learn some very basic persuasion techniques that are used by dating experts and salespeople to get us to believe what it is they tell us. Here we will look at some of the best techniques for you to try adding to your repertoire.
Back Up Your Words With Your Body
There are many little techniques that we can use automatically to decide whether something someone is telling us is true or not, even though we may be unaware that we are using them. One of these is to pay attention to body language and whether or not it reflects what the person is saying. In other words, if you are telling someone that yes, you saw that person on Tuesday, then you should be nodding as you say this. If you accidentally shake your head as you say it, then you will come across as less certain or less truthful and the audience is less likely to side with you.
Answer Questions With a Question
This is called the 'Socrates' technique, and is supposed to be a very effective method to use when debating or managing the outcome of a situation. What you need to do here is to basically learn to answer difficult questions with a follow up question of your own. In other words then, if someone was to say - where were you on Tuesday? You could answer 'where am I always on a Tuesday?' or 'what point are you trying to make?'. This is a technique that politicians use all the tie, and while you should of course always be truthful in court, it's a strategy that can at least help you to buy more time to think up an appropriate response.
Choosing Your Order
The order you tell your key points can apparently have a large impact on the way that you are perceived by an audience, and according to research the best thing you can do is to admit to your faults first and then only later describe your positive attributes. This way you appear more truthful and modest, and the good points stick in the audience's mind longer.
These tips can give you a great edge when making your case, but more important is to find criminal solicitors Moorabbin. Follow the links to contact Dribbin and Brown Moorabbin.
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