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Police Laws

Police Laws deal with the code of conduct and the regulations that law enforcement officials have to follow. These laws are monitored by agencies like internal affairs divisions and state attorney generals. Most police laws will deal with the use of excessive force, misconduct, not reading suspects their rights, corruption, interrogation practices, and police brutality.

Police departments are considered to be non-military organizations that are overseen by the government. The main task of the police is to handle domestic issues, and not handle foreign powers overseas, as this is a military function. Apart from the police department, other agencies like sheriffs, state troopers, city police, U.S. marshals, FBI agents can exercise police powers.

The main role of the police is to preserve order. Police are granted powers in the form of force to prevent crime and the power to impose fines to protect people and property.

Although these privileges are granted to the police, their actions must be closely monitored to ensure that they are acting within the law. Sometimes police can be tempted to engage in activities that they have been asked to prevent. Often police law will be similar to constitutional and human rights laws, as these are areas that police are likely to break. Often police break laws when they get frustrated with the inability and constraints of the law to resolve cases. They then take the law into their own hands to solve a case or to get a confession out of a suspect.

What is fraud law?

Fraud law addresses issues with people wrongfully obtaining money, property, or other benefits by dishonesty. Fraud is considered a felony and can mean a conviction of one year or more years in jail. Other penalties can also include fines, victim reimbursement, and community service. If the case is heard in civil court, usually the plaintiff receives compensation in the form of money. Here are some key areas to be considered in fraud cases.

Fraudulent Intent – To prove the defendant has been fraudulent the victim’s lawyer has to prove that the defendant intended to defraud the victim. Most often fraud cases will not have direct evidence that the defendant had intent.

Common types of fraud crimes – The most common types of fraud cases heard in US courts are check and credit card fraud. Check fraud cases involve the defendant writing a check and the account not having sufficient funds, causing the check to bounce. Most often first time offenders will only have to pay a modest bank fee. However, repeat offenders can be convicted, resulting in jail time. Credit card fraud occurs when someone uses a person’s credit card to make a purchase. Often cards have been stolen, or the credit card number obtained when a purchase occurs. Other forms of fraud include counterfeiting, money laundering, prize fraud, investment schemes and mortgage scams. Nonfinancial fraud also includes romance schemes and identity theft. Each year more unique methods of fraud are developed, forcing new laws to be created.

 

The difference between jail and prison

Being incarcerated can be an unpleasant experience. However, the policies, rights, and daily life of an inmate can differ between jail and prison.

The length of stay for inmates – The main difference between jail and prison is the fact that jail involves a short stay; the whole prison involves a long stay. This is because jail will hold inmates awaiting trial or those serving a short sentence. Prisons, on the other hand, hold inmates for longer periods and help to reform inmates with programs that include educational, substance abuse and vocational programs.

The type of crime – Jails will often hold inmates who have convicted for misdemeanors, while prisons will hold inmates that have been convicted of serious crimes. The level of security at prisons will also vary from minimum, medium, maximum-security or solitary confinement.

Living standards – Prisons are designed for living needs and therefore have well-developed facilities that help inmates live a relatively regular life. Jails, on the other hand, offer lower quality food, facilities and due to the constant flow of people can have no regular schedules in place.

Visitation and other rights – Both institutions allow visits from family and friends. Inmates in both institutions have the right;

To be treated humanely.

Not suffer cruel and unusual punishment.

To be free from sexual crimes or harassment.

To access the courts.

To medical care.

To not suffer racial discrimination.

If you or someone you know is facing time in jail or prison, it is best to speak to an attorney to get advice on how to reduce your sentence.

What is a hate crime?

Article written by The Legal Newsblog

A hate crime involves a crime by the perpetrator that is caused due to a bias against sex, gender, sexual orientation, disability, ethnicity, race, religion, or other social group. Hate crimes can be tried under both federal and state law. Therefore the double jeopardy clause does not protect the prosecution and which means that the individual can be charged for the same act twice.

Some common hate crimes are destruction of property, assault, battery, arson, trespassing, and stalking. In some states hate crimes have higher penalties, than similar offenses. This is manly because statistics have shown that hate crimes have a larger affect on communities, more than similar crimes.

Defenses for hate crime charges – The defenses in this case are the same as defenses for crimes that do not target members of protected groups.The criminal defense attorney has to show that the defendant was not biased against the victim and create reasonable doubt that the defendant did not commit a hate crime.legallibraries july 2016

Penalties and consequences of hate crime – Penalties may vary from death, incarceration, fines, compensation to the victim, and completion of anti-racism or anger management programs. Other consequences are that a hate crime on a person’s record will affect their employment, housing and aid prospects. Most defendants in hate crime cases will be viewed as risks in most communities.

Getting Help – If you or someone you know is accused of a hate crime, it is best to speak to a criminal defense attorney at your earliest.

A Significant Confiscation in the Law of Jersey

On November last year, Jersey court ordered Curtis Warren to pay £198 million after the drug dealer failed to prove that he has not earned so much amount in his entire criminal life. Though, Curtis referred the case as ridiculous, the court mentioned it will confiscate his entire properties if he failed to pay the whole amount within next 28 days. After investigating the criminal activities and the finances of one of the Europe’s renowned drug smuggler, the court can arrive to this conclusion.

The main charge against the 50 year old former bouncer from Liverpool was cocaine trafficking between 1991 and 1996 that had possibly generated millions. He has a worldwide business of drugs and he supposedly shipped cocaine from South America to Europe several times and managed to avoid punishments. The consignment range from 500kgs to several tons and expectedly generated a profit of £20million a ton. This is probably the largest ever confiscation order made in Europe for drug trafficking. (more…)