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Friday, November 30, 2012

Combating Crime to Cyber Space and Beyond

Posted on 9:00 PM by Unknown

Article by: Scott Hall docplocky@gmail.com
  
English: A 3-D solid model of a jack inside a ...
English: A 3-D solid model of a jack inside a cube. Modeled and ray traced using Cobalt. Animation is 120 frames at 25 fps. (Photo credit: Wikipedia)
          Technology advances over the past few decades have exploded into a world where wireless communications and interactions are becoming more and more dominant in everyday life, sans a few regions that have not yet accepted or even adapted to simple “pulse” dialing.  Unless you are an avid fan or a historian, few will remember the Altair computer, the Commodore or even what 386 means, however it does not stop us from interacting with more modern evolutions of these items and it also opens a whole new door to criminals who are savvy of the tools available “online” to corrupt even the smallest of regions.  This presents an opportunity as well as disadvantages to both the criminologist and the criminal, specifically in that even the criminal’s best security or hopes online can be “hacked”, same as lawful citizens, just ask President Barak Obama about his own invasions in cell phone land.  Tools in the proper hands can do wonders and in the world of forensics, digital tools and new abilities give a new approach to solving crime.


            One item that is not reported through the major media outlets in solving crime is facial reconstruction and until a few years ago, that meant tedious hours of precision and pegs as well as clay molds and various other mediums to reconstruct an unknown victim’s facial feature in order to verify or attempt to identify the person in question.  In death, we know that our body goes through a decomposition and decay process that over time will eventually erode away muscle, skin and organs leaving only a skeleton.  Forensic anthropologists along with sculptors, creative artistry and time work in cohesion to recreate the human that once roamed the planet, as a starter the sculptor will usually start with 25 to 30 layers of tissue that will eventually become situated around the eyes and select facial areas. 

    
3D polygonal modeling of a human face.
3D polygonal modeling of a human face. (Photo credit: Wikipedia)
        Next, the team has to determine approximate age, race, weight and various other factors to determine which set of depth pegs to use, covering the rest of the face and skull regions.  Layering clay to those depths around the set pegs and filling in the remaining gaps with the other clay strips helps to place texture and depth to the once devoid skeleton, keeping in mind that this process is not done in a few mins rather over a period of hours, just to get to the point of 3D viewing of the victim no one can identify otherwise.  Once those items are done, the sculptor / artists must then go to work on the eyes, jaw, mouth, nose, ears, chin and cheek areas as these are generally considered the parts that give “character” to each of us, fun fact:  The eye ballsgenerally do not change in size from birth to death so keep those peepers healthy.  While this process is tedious, there is some math and known’s involved when it comes to certain items of the face, for example the ears length is considered the same as the nose length and width is determined by a measurement of distances between iris, corner of the eye and mouth regions along with a few adjustments in math, these items can easily be “fitted” based on the available 3D model that was layered initially.

            Using our imaginations and a bit of critical thinking skills we can see a rough image of a person, with approximate features, lacking two final items:  Muscle and skin, again the sculptor and forensic anthropologist must combine their skills and approximate how much, how fat or thin and apply layers of skin, as well as making a silicon rubber mold of the initial sculpture.  The elements that no one can really pinpoint are hair style, color and expressional characteristics of the face and in essence only hope to be able to awaken a memory or hope to shake someone’s memory into locating or narrowing down the list of potential victims.  This overview does not account for the detail, time, materials, persons or man hours involved in recreating someone from death to 3D modeling clay nor does it speak for the dedication of those involved in helping to solve these unknown’s.  What has been needed for many years is a new approach:  Enter the computer, a machine often thought of as something to get on the internet with, but rarely remembered for its computational ability and power of deduction based on parameters entered.  

          
Eye death
Eye death (Photo credit: @Doug88888)
  While using facial reconstruction does require some skills, in the world of computers lots of things change including limiting how much stress is placed upon the skull itself, starting with an 3D X-ray of the skull using a complex series of lasers and mirrors, while the skull rotates on a platform.  The image is then transferred to a computer where special software allows the user to move and interact with the image.  Applying the actual muscle and skin now becomes part of a database based on CT (Computerized Tomography) scans of other persons and known parameters, including shadows that may occur from muscle layering and skin as well as eliminating the Depth Peg and clay layering that once took hours to do.   The Forensic Anthropologistsskills is essential in this area; for example items such as clothing or other items found on the scene as well as any other forensic evidence will help in determining shape, size, weight and race and the Forensic Anthropologist is an expert in determining these values.

     
3D Model Woman
3D Model Woman (Photo credit: ProLithic 3D)
       By merging the scans of the unknown and the known, along with the same parameters that are predetermined (same as above) the computer reconstructs as closely as possible the same image obtained by the once artist / sculptor and Forensic Team in a matter of a few hours rather than days of work and with the use of lasers and complicated machinery can reconstruct the new image from medium safely, minus color and the same parameters of expression and certain characteristics.  As we can see, the differences in approach between traditional and modern application do not differ in their basis: to solve the unknown victim’s identity the difference is the computational power and application of modern technology and computers being used for something other than internet surfing or role playing games not to mention the total anonyminity that the internet offers its patrons, both paying subscribers and free users. 

            Exploration into Digital Forensic Anthropology is only one of the many facets of our digital evolution and persons who commit crimes against person, property and public are also included in the total use of digital tools.  Person’s who would otherwise have used paper, phone calls and leg work to scam someone now has the ability to email in masses and the percentage of susceptible persons also exponentially increases, thus building an incredible base of victims that unless the perpetrator can be traced or tracked properly, likely will never be found.  The subject of internet “honesty” has long been a topic of debate, including a set of rules or “netiquette” that most are supposed to obey voluntarily, with no real consequence of default, unless the correct set of authorities are applied and even at that point, a simple name change and you are in a new email account.  Pictures, information and a lucrative imagination can produce the fake person with a few clicks who can be your friend, your lover, your confidant and you really never have to physically interact with them, relying on the trust of the platform you are using, known as the internet to guide you, including statements such as “it has to be true, it was on the internet”, never mind the countless applications, programs and widgets that can change the most simplest of items into something other than its original intent.
English: A Tableu internal forensic write-prot...
English: A Tableu internal forensic write-protection module (Photo credit: Wikipedia)

            Enter the criminal mind, the scenario:  I need a phone that can become a mobile hot spot, so I can surf and phish and deceive the public or otherwise conduct fraudulent business.  The process: Go to carrier store such as one for Sprint, AT&T, Verizon and T-Mobile (along with a few miscellaneous others), and sign up for a new activation 2 year contract.  Once that company conducts a credit check, you will either be assessed a deposit amount or an initial fee to cover in order to obtain the agreement.  Writing a cold check as a secure payment, the transaction is processed; you select your phone and are told the first invoice will appear in 30 days.  You activate your phone, walk out of the store, with no intentions of paying your bill, you have a brand new phone in your hand, the ability to mobile hack almost anyone who uses Bluetooth or a mobile Wi-Fi spot, steal their information or set up a few phishing scams, when the service is cut off, you go to pawn shop (usually remote) and sell the phone for some quick cash or sell it overseas for an exorbitant amount.  The Crime: Fraud, Theft by Unlawful Taking, Theft by Deception, Attempting to Defraud a Business or Government Entity and a host of other charges that are never followed upon due to the excessive mobility gained in just 30 short days, the reason: Exceptionally difficult to locate a moving object or person, without help.  Keep in mind, the geeks teach us all we know, true and they also teach those with sinister intentions, involuntarily. 
English: Backdrop image used in 3D modeling It...
English: Backdrop image used in 3D modeling Italiano: Immagine di sfondo utilizzata in modellazione 3D (Photo credit: Wikipedia)

            Platforms such as You Tube, Face Book, Twitter and Linked In, give the public a chance to view almost anything, including videos of violence, compassion, crime, music and “educational” resources, educational in quotations as whether or not the legitimacy of what you are watching is indeed the truth and not edited (video toasted) or altered in some way to make what you see seem real, criminals use this lack of awareness to obtain your trust, then violate your privacy or personal freedoms including sniffing out when you use credit cards or other financial transactions that help to steal your worth and your identity.  Nothing on the internet is truly ever deleted, this is no secret as the FBI stores thousands of items that contain transmitted key words or phrases, pictures or video for review at anytime, as well as intercepting suspects with items such as “StingRay” technology and video camera systems that can “see” through walls, nothing in technology is impossible.  Law enforcement is well aware of every plausible scenario available and discovers new approaches to combating and learning of the evolution of technology in fighting crime, including the UCR which has become more and more accurate as new data comes in from officials who once did not have a simple computer to help. 

            Cell phone technology has evolved into a platform where phones get smaller, then bigger screens, then thinner, then more powerful, then smaller over a repeated process of time; Digital Forensics in this field includes data mining which could reveal a time line history or pattern of established crime that assists law enforcement in apprehending perpetrators of those types of crimes.  To date, there are as many as 40 cellular providers and millions of customers in their combined data bases, law enforcement without the use of computers and other electronic media would no doubt be overwhelmed by the information superhighway.  With the aid of the evolving technology and the right experts focusing on the key task, law enforcement can access any portion of your computer or digital life, including passwords, images, disk encryptions, secured or privately marked file folders, hidden files as well as access these items remotely without your knowledge and without your permission, but with the permission of the judicial system, citing again our example of the President’s own woes, who was angered by having his own “secure” cell phone, opened by a trained person in that field.  Was it criminal to spy, probably, considering the Patriot Act gives Officials eminent power, it becomes almost nerve wracking when the sinister do the same thing, without a whim or much effort. 
3D Model Man
3D Model Man (Photo credit: ProLithic 3D)

            In conclusion, our Digital Worlds can only be as safe and effective as we the people allow them to be, including adding some honesty to our own profiles and keeping our eyes open for active sites about the do-do bird, (yes one does exist and if you have to ponder it, might want to leave that site alone, the bird is extinct).  Law enforcement and Criminals battle continually for supremacy in dominating the digital highway, citizens in general are also susceptible to the woes of internet secrecy; including being exposed for pictures, emails, accounts, information that otherwise would have been private.   We the people have more power to secure our personal lives when we use critical thinking skills in positive ways, including finding the lost, the criminal who went into hiding and that perfect table or bed ensemble.  Be wise, be weary and be safe, most of all thank the technology makers for allowing law enforcement to have tools available to keep our lives safe and free from some crimes, the rest is up to us.

http://library.thinkquest.org/04oct/00206/pti_facial_reconstruction.htm
http://www.fbi.gov/about-us/cjis/ucr/ucr
http://nij.gov/topics/forensics/evidence/digital/welcome.htm
http://www.fbi.gov/news/stories/story-index/cyber-crimes
http://www.ic3.gov/media/annualreport/2011_IC3Report.pdf
http://www.scmagazine.com/limitations-of-law-enforcement-in-fighting-cyber-crime/article/250805/
http://www.dhs.gov/defending-against-cybercriminals

            

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Posted in crime, Criminology Amp Justice, Department of Homeland Security, Face, Forensic anthropology, Forensic science, Science in Society, Scott Hall, Sculpture, X-ray computed tomography | No comments

Cheap Auto Insurance Quotes ? Finding The World-Class Effective Auto Insurance

Posted on 1:23 AM by Unknown

There is a legal demand in place in America that states that every one driver ought to have a legitimate auto insurance policy. To not protect themselves but in case there is an accident and a claim is formed against you

What many drivers understand when they looked for an auto insurance policy is that the premiums are expensive. Therefore how would any drivers be able to notice an affordable auto insurance quote from any brokers? Normally, you may understand a more cost-effective quote on-line by applying for several quotes and comparing. It need to be noted though that just because the auto insurance policy merely that you simply are offered is that the foremost cost-effective, it does not basically mean that it is the best chance for you. You may conjointly need to be compelled to accept the clauses contained among the policy

The cost of premiums for the foremost effective auto insurance can vary based totally on type of varied factors

Different methods of getting low-cost Auto Insurance Quotes

Apply on-line By applying on-line you may normally understand that many insurance corporations offer you satiny low discount on the speed

Compare multiple quotations Accepting the first quotation you receive would be foolish

Installing additional security product on your vehicle alarm, immobilizer etc

Adding to your deductible If you think that concerning yourself to be a secure driver then adding to your deductible could save greenbacks, but merely hope you are not involved in an accident

If you are arising with on buying an automobile elect one that is thought-about low risk by insurance corporations

Pimping your ride additionally can increase your insurance costs this stuff are expensive

What is a good Driver?

A good driver is usually granted a few 20%or a lot of discounts on their auto insurance quote. Why is that this, scan below to hunt out the foremost points to become a good driver?

You ought to have held your license for a minimum of 3 years and haven't exceed one penalty purpose on license

You have not been implicated in an accident [especially one that is your fault] among the last seven years

It is important that you just simply analyze the market totally and certify that you just have gotten the right level of auto insurance for your wishes. for example, if you have got an previous automobile that is not value abundantly then the foremost basic level of low-cost auto insurance coverage are aiming to be sufficient, but if you have got a replacement, sporty, expensive vehicle then you'll need to be compelled to elect the higher level of coverage to protect your investment among the vehicle

Types of Auto Insurance coverage

There are multiple forms of auto insurance coverage collision, liability and comprehensive coverage. It's designed to pay out to a third party among the event that a third party is injured or suffers damages as results of an accident that was your fault. If you have got the higher level coverage your cover additionally can pay out for repairs on your vehicle notwithstanding the accident was your fault, though you ought to pay an excess looking forward to the policy that you just simply have chosen

There are varied various things which is able to be included in your policy like legal coverage, personal injury coverage and extra. You want to scan the policy documentation rigorously before you plan to any express policy, as you want to be completely attentive to your legal obligations among the attainable case of an accident or claim by another party

Remember, there are totally several alternative auto insurance rates offered from suppliers who provide a type of policies to suit different wishes and pockets. It's important that you just simply compare totally different policies and prices before you sign up to any express policy, and this may be done with ease and speed via cyberspace





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Thursday, November 29, 2012

Law Its Types And Differences

Posted on 1:25 AM by Unknown

Law can affect many aspects of our lives, yet most people living on this world have little understanding of the legal system that operates. For many their main awareness comes from newspaper articles with headlines such as "murderer jailed for life" and "burglar caught".

Many people only think of the criminal law and the courts that deal with this type of case. In reality law covers an enormous range of situations and the lagal system in England and Wales has a variety of courts and methods for dealing with different types of cases.

Types Of Law

The first distinction is that between international and national law: National law can then be classified into public and private law; finally these classification can be sub divided into a number of different categories.

International and National Law:

International law is concerned with disputes between nations much of this law comes from treaties which have been agreed by the governments of the countries. National law is the law which applies within a country. Each country will have its own national law and there are often wide differences between law of individual countries. For example while serious criminal cases are tried by jury in both systems the scotish jury has 15 members and the decision can be made by a simple majority of eight to seven. In contrast the jury in England and Wales has 12 members at least 10 of whom must agree on the decision.

Public and Private Law:

Within national law there is usually a clear distinction between public and private law. Public Law involves the state or government in some way , while private law is concerned with disputes between private individuals or businesses, Both private and public law can be sub-divided into different categories.

Public Law:

There are three main types of law in this category. These are:

Private Law:

This is usually called civil law and has many different branches. The main ones are Law of Tort (even though there is no contract between them, one person owes legal responsibility of such kind to another person and there has been a breach of that responsibility ) . Family Law (whether marriage is valid, rules for divorce and who should have the day to day care of any children of the family. The law of succession (it is concerned with regulating who inherits a property when a person dies) Company law is very important in the business world. It regulates how a company should be formed , sets out formal rules for running companies and deals with rights and duties of shareholders and directors. Employment law ( covers all aspects of employment from the original formation of a contract to situations of redundancy or unfair dismissal. As well as these areas of private law, there are also laws relating to land, to copyright and patents, to marine law and many other topics so it can be seen that civil law covers an enormous range of situations.

Civil Cases Criminal Cases Purpose of the law To uphold the rights of individuals To maintain law and order or to protect society Person starting the case The individual whose rights have been affected Usually the state through police and crown prosecution service Legal name of that person Claimant Prosecutor Courts hearing cases County court or High court. Some cases dealt within the tribunals Magistrates courts or crown court Standard Of Proof The balance of probability Beyond reasonable doubt Persons Making the decision Judge (or panel of judges) very rarely a jury Magistrate or jury Decision Liable or not liable Guilty or not Guilty Powers of the court Usually an award of damages, also possible : injunction , specific performance , recession or rectification. prison , fine , probation, discharge, community service order, curfew order etc

The law of England and Wales has been built up very gradually over the centuries. There is not just one way of creating and developing law, there have been and still are, a number of different ways, These methods of developing law are usually referred to as sources of law. Historically, the most important ways were custom and decisions of judges. Then as parliament became more powerful in the 18th and early 19th centures, Acts of parliament were the main sources of new laws , all the judicial decisions were still important as they interpreted the parliamentary law and filled in gaps where there was statute law. During the 20th century, statute law and judicial decisions continued to be the major sources of law but, in addition , two new sources of law became increasingly important these were delegated legislation and European law. All these sources of law have combined to make our present day law.

These are rules of behavior which develop in a community without being deliberately invented. There are two main types of custom : general custom and local custom.

The word " Equity " has a meaning of "fairness" . Equity developed because of problems in Common law, Major problem was the fact that the only remedy the common law courts could give was " damages " which is an order that defendant pay a sum of money to the plaintiff by way of compensation. In some cases this would not be the best method of putting matters right between the parties. For example, in a case of trespass to land , where perhaps the defendant had built on his neighbour's land, the building would still be there and the plaintiff would have lost the use of that part of his land. In such a situation the plaintiff would probably prefer to have the building removed , rather than be given money in compensation.

People who could not obtain justice in the common law courts appealed directly to the king. Most of these cases were referred to the king's Chancellor , who was both a lawyer and a priest , and who became known as the keeper of the King's conscience. This was because the Chancellor based his decisions on principles of natural justice and fairness, making a decision on what seemed 'right' in the particular case rather than on the strict following of previous precedent . To ensure the decisions were fair , the chancellor used new procedures such as subpoenas, which ordered a witness to attend the court or risk imprisonment for refusing to obey the chancellor order. He also developed the new remedies which were able to compensate plaintiffs more fully than the common law remedy of damages. The main equitable remedies were:

These are still used today. Equity was not a complete system of law ; it merely filled the gaps in the common law and softened the strict rules of the common law.

Clearly the legal system in England and Wales could not rely only on customs. Even in Anglo Saxon times there were local courts which decided disputes, but it was not until after the Norman conquest in 1066 that a more organised system of courts emerged. This was because the Norman king realised that control of the country would be easier if they controlled, among other things, the legal system. The first Norman king William set up the King's court and appointed his own judges . The nobles who had dispute were encouraged to apply to have the King or his judges decides the matter. The judges were sent to major towns to decide any important cases. This meant that judges travelled from London all round the country that was under the control of the King. In the time of Henry these tours became more regular and Henry divided up the country into "circuit " or the areas for the judges to visit. Initially the judges would use the local customs or the old Anglo saxon laws to decide cases but over a period of time it is believed that the judges on their return to Westminister in London would discuss the laws or customs they had used, and the decisions they had made, with each other. Gradually, the judges selected the best customs and these were then used by all the judges throughout the country. This had the effect that the law becameuniform or common .

Common Law is the basis of our law today it is unwritten law that developed from customs and judicial decision. This phrase 'common law' is still used to distinguished law that developed from customs and judicial decisions from law that have been created by Statute or other legislation. For Example murder is a common law crime while Theft is a statutory crime. This means that murder has never been defined in any Act of Parliament but theft is now defined by the Theft Act 1968. Common law also has another meaning ,in that it is used to distinguish between rules that were developed by the common law court the King court and the rules of Equity which were developed by the Lord Chancellor the Chancery Court.

In the English Common Law system , Case law develops as courts hear disagreement between parties, making a decision as to what the law should be in a particular case. These decisions creates precedents. The doctrine of judicial precedents operates by ensuring that a previous courts decision is followed by another court when deciding a subsequent legal case, provided certain rules for extracting the legal principle from the earlier case and applying it to the current one are followed.

Statute Law comprises legislation that made by the House of Parliament. Legislation may be a primary legislation which starts as a Bill and become an Act of Parliament or it may be secondary or delegated legislation, drafted by the Government department and enacted under powers given by primary piece of legislation. UK Statutes are not only form of binding legislation in England; EU regulations are also immediately binding. In addition, UK is committed by EU membership to enact the provision of EU directives into the national law. Statutes are not always new laws, they may amend previous statutes or they may codify the common law, so making a body of previous binding case law redundant.





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Wednesday, November 28, 2012

Martial Law

Posted on 1:23 AM by Unknown

Martial Law

By

S J Tubrazy

Martial Law is known to Legal Jurisprudence. It is now recognised even in other democratic countries, all over the world, governed by written or unwritten Constitutions to be imposed in a State when the civil Government fails to control the situation of law and order and calls to its aid the military to restore the country to normalcy. The Martial Law is ordinarily applied to a part of the country, but may in certain cases be applied to the entire country.

Martial Law, in the present times has acquired various senses. In its original sense it is perhaps now only identifiable in the law relating to the enforcement of discipline in the forces at home and abroad. In this sense this branch of Martial Law is now better known as "military law" and is in time of peace enforced under various statutes, such as the Army Act, the Navy Act and the Air Force Act. It derives its authority from these statutes passed by the civil lawmaking bodies. In International Law Martial Law means the powers of a military commander in war time in enemy territory as part of the jus belli. In this sense as the Duke of Wellington once said in the House of Lords it is "neither more nor less than the will of the General who commands the army".

We must distinguish clearly between Martial Law as a machinery for the enforcement of internal order and Martial Law as a system of military rule of a conquered or invaded alien territory. Martial Law of the first category is normally brought in by a proclamation issued under the authority of the civil Government and it can displace the civil Government only where a situation has arisen in which it has become impossible for the civil Courts and other civil authorities to function. The Imposition of Martial Law does not of its own force require the closing of the civil Courts or the abrogation of the authority of the civil Government. The maxim inter armes teges silent applies in the municipal field only where a situation has arisen in which it has become impossible for the Courts to function, for, on the other hand, it is an equally wellestablished principle that where the civil Courts are sitting and civil authorities are functioning the establishment of Martial Law cannot be justified. The validity of Martial Law is, in this sense, always a judicial question for the Courts have always claimed and have in fact exercised the right to say whether the necessity for the imposition of Martial Law in this limited common law sense existed.

The Proclamation of Martial Law does not by itself involve the abrogation of the civil law and the functioning of the civil authorities and certainly does not vest the Commander of the Armed Forces with the power of abrogating the fundamental law of the country. It would be paradoxical indeed if such a result could flow from the invocation in the aid of a State of an agency set up and maintained by the State itself for its own protection from external invasion and internal disorder. If the argument is valid that the proclamation of the Martial Law by itself leads to the complete destruction of the legal order, then the armed forces do not assist the State in suppressing disorder but actually create further disorder, by disrupting the entire legal order of the State. It is, therefore, not correct to say that the proclamation of Martial Law by itself must necessarily give the Commander of the armed forces the power to abrogate the Constitution, which he is bound by his oath to defend.

The Constitution of the country in such a Martial Law is not, affected. It is neither impaired in any manner nor abrogated. Martial Law is of three kinds. It is either (1) the law for the discipline and Government of the army itself ; or (2) the law by which the army in time of war governs foreign territory in its military occupation outside the realm ; or (3) the law by which in time of war the army governs the realm itself in derogation of the civil law. so far as required by military necessity and the public safety. The legality of the third kind of Martial Law and the substitution of military for civil justice within the realm itself in time of war has been the subject of much difference of opinion. It is held by some that it is never lawful, unless expressly authorised by Act of Parliament, and that the authority of the civil Courts and the civil law is absolute in time of war no less than in time of peace. According to this view the exercise of military authority withi n the realm in time of war in derogation of the civil law is always illegal, whatever moral justification for it may exist in considerations of military necessity and the public safety; in the absence of statutory sanction, either precedent, or subsequent by way of Acts of indemnity and ratification. This is not the place in which this question can be adequately discussed. It is sufficient to say that the better opinion would seem to be that even within the realm itself the existence of a state of war and of national danger justifies in law the temporary establishment of a system of military Government and military justice in derogation of the ordinary law of the land, in so far as this is reasonably deemed necessary for the public safety. To this extent and in this sense it is true tat inter arma leges silent. The formal establishment of such a system of military Government and justice in time of internal war or rebellion is commonly known as the proclamation of Martial Law . With the acts of military authorities done in pursuance of such a system the civil Courts of law will not concern themselves in time of war, and even after peace has come again, the acts so done in time of war may be justified in the civil Courts, so far as done in good faith and with reasonable cause in view of the real or apparent' necessity which gave occasion to them. In short, the legal basis of Martial Law in this third sense is simply the common law doctrine of necessity. "Jurisprudence" thus recognizes and contemplates of Martial Law in the realm in derogation of the civil law, and not by abrogation of the Constitution.

The position in England today, as mentioned in Halsbury's Laws of England, Vol. 7, Third Edition, page 260, is as follows;--

"The Crown may not issue commissions in time of peace to try civilians by martial law; but when a state of actual war, or of insurrection riot, or rebellion amounting to war, exists, the Crown and its officers may use the amount of force necessary for the circumstances to restore order, and this use of force is sometimes termed martial law. When once this state of actual war exists the civil Courts have no authority to call in question the actions of the military authorities; but it is for the civil Courts to decide, if their jurisdiction is invoked. whether a state of war exists which justifies the application of martial law. The powers, such as they are, of the military authorities cease and those of the civil Courts are resumed ipso facto with the termination of the state of war; and, in the absence of an Act of Indemnity the civil Courts may inquire into the legality of anything done during the state of war; even if there is an Act of Indemnity couched in the usual terms , malicious acts will not be protected."

From the above it is clear that we must distinguish clearly between Martial Law as a machinery for the enforcement of internal order and Martial Law as a system of military rule of a conquered or invaded alien territory. Martial Law of the first category is normally brought in by a proclamation issued under the authority of the civil Government and it can displace the civil Government only where a situation has arisen in which it has become impossible for the civil Courts and other civil authorities to function. The imposition of Martial Law does not of its own force require the closing of the civil Courts or the abrogation of the authority of the civil Government. The maxim inter armes leges silent applies in the municipal field only where a situation has arisen in which it has become impossible for the Courts to function, for, on the other hand, it is an equally wellestablished principle that where the civil Courts are sitting and civil authorities are functioning the esta blishment of Martial Law cannot be justified. The validity of Martial Law is, in this sense, always a judicial question, for, the Courts have always claimed and have in fact exercised the right to say whether the necessity for the imposition of Martial Law in this limited common law sense existed.

The American Courts from the case of Ex parte : Milligan (4 Wallace 121) decided in 1866 have consistently maintained that "Martial rule can never exist where the Courts are open, and in the proper and unobstructed exercise of their jurisdiction." (Vide Commentaries on the Constitution of the United States by Chester James Antieau).

The case of R. S. Sterling, Governor of the State of Texas v. E. Constantin (77 U S S C R 375 (L. Edn.)) also makes interesting reading. In this case the District Court of the United States for the Eastern District of Texas had passed an interlocutory order prohibiting the Governor, the AdjutantGeneral and the Commanding Officer of the Military District from enforcing their military or executive orders regulating or restricting the production of petroleum under a proclamation of Martial Law. The Supreme Court went into the question in detail on evidence first to consider as to whether there was a state of war or not and as to whether the Military Courts could adjudicate upon the rights of civilians when the ordinary Courts were functioning, and came to the conclusion that there was "no room for doubt that there was no military necessity which, from any point of view, could be taken to justify the action of the Governor in attempting to limit complainants' oil production, oth erwise lawful. There was no exigency which justified the Governor in attempting to enforce by executive or military order the restriction which the District Judge has restrained pending proper enquiry. If it be assumed that the Governor was entitled to declare a state of insurrection and to bring military force to the aid of civil authority, the proper use of that power in this instance was to maintain the Federal Court in the exercise of its jurisdiction and not to attempt to override it, to aid in making its process effective and not to nullify it, to remove, and not to create, obstructions to the exercise by the complainants of their rights as judicially declared".

In judging the validity of laws at a given time, one of the basic doctrines of legal positivism, on which the whole science of modern jurisprudence rests, requires a jurist to presuppose the validity of historically the first Constitution whether it was given by an internal usurper, an external invader or a national hero or by a popular or other assembly of persons. Subsequent alterations in the Constitution and the validity of all laws made thereunder is determined by the first Constitution. Where a Constitution presents such continuity, a law once made continues in force, until it is repealed, altered or amended in accordance with the Constitution. It sometimes happens, however, that a Constitution and the national legal order under it is disrupted by an abrupt political change not within the contemplation of the Constitution. Any such change is called a revolution, and its legal effect is not only the destruction of the existing Constitution but also the validity of the n ational legal order. A revolution is generally associated with public tumult, mutiny, violence and bloodshed but from a juristic point of view the method by which and the persons by whom a revolution is brought about is wholly immaterial, The change may be attended by violence or it may be perfectly peaceful. It may take the form of a coup d'etat by a political adventurer or it may be effected by persons already in public positions. Equally irrelevant in law is the motive for a revolution, inasmuch as a destruction of the constitutional structure may be prompted by a highly patriotic Impulse or by the most sordid of ends. For the purposes of the doctrine here explained a change is, in law, a revolution if it annuls the Constitution and the annulment is effective. If the attempt to break the Constitution fails those who sponsor or organise it are judged by the existing Constitution as guilty of the crime of treason. But if the revolution is victorious in the sense that the pa rsons assuming power under the change can successfully require the inhabitants of the country to conform to the new regime, then the revolution itself becomes a lawcreating fact because thereafter its own legality is judged not by reference to the annulled Constitution but by reference to its own success. On the same principle the validity of the laws to be made thereafter is judged by reference to the new and not the annulled Constitution. Thus the essential condition to determine whether a Constitution has been annulled is the efficacy of the change. In the circumstances supposed no new State is brought into existence though Aristotle thought otherwise. If the territory and the people remain substantially the same, there is, under the modern juristic doctrine, no change in the corpus or international entity of the State and the revolutionary Government and the new constitution are, according to International Law, the legitimate Government and the valid Constitution of the State. Thus a victorious revolution or a successful coup d'etat is an internationally recognised legal method of changing a Constitution.

Hans Kelsen, a renowned modern jurist, say;--

"From a juristic point of view, the decisive criterion of a revolution is that the order in force is overthrown and replaced by a new order in a way which the former had not itself anticipated. Usually, the new men whom a revolution brings to power annul only the constitution and certain laws of paramount political significance, putting other norms in their place. A great part of the old legal order remains valid also within the frame of the new order. But the phrase 'remains valid', does not give an adequate description of the phenomenon. It is only the contents of these norms that remain the same, not the reason of their validity. They are no longer valid by virtue of having been created in the way the old constitution prescribed. That constitution is no longer in force; it is replaced by a new constitution which is not the result of a constitutional alteration of the former. If laws which are introduced under the old constitution continue to be valid under the new constit ution, this is possible only because validity has expressly or tacitly been vested in them by the new constitution . . . . . .

The laws which, in, the ordinary inaccurate parlance, continue to be valid are, from a juristic viewpoint, new laws whose import coincides with that of the old laws. They are not identical with the old laws, because the reason for their validity is different. The reason for their validity is the new, not the old, constitution, and between the two continuity holds neither from the point of view of the one nor from that of the other. Thus It is never the constitution merely but always the entire legal order that is changed by a revolution.

(The writer is corporate and banking lawyer in Pakistan)





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Tuesday, November 27, 2012

Law and Society

Posted on 1:23 AM by Unknown

Law & Society

Law & Justice

1. The Essential Influences on Law

The Concept of the Rule of Law [M6 H4]

The Social, Cultural, Moral, Political and Economic Influences [M11 H6]

2. Nature of Law

Development of law as a reflection of past and present society [M12 H8]

Customary law, common law and civil law systems [M14 H12]

Doctrine of natural justice [M23 H12]

The purpose of different types of law: domestic and international law; public and private law; civil and criminal law; contract law; tort law; property law; Aboriginal and Torres Strait Islander customary law. [M27 H13]

3. Nature of Justice

concepts of access, equity, fairness, equality and human rights [M33 H20]

Rights

4. The nature and development of concepts of human rights

state sovereignty, natural law doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education [M44 H27]

distinguishing between moral, customary and legal rights [M55 H32]

differences between domestic and international rights [M55 H33]

5. Identifying the types of international rights

civil and political rights; economic, social and cultural rights; environmental and peace rights [M56 H34]

collective right to self-determination [M57 H37]

the recognition of human rights under Australian law: common and statute law, evolving human rights, including the possibility of a Bill of Rights, recognition and enforcement of rights [M58 H38]

6. Contemporary struggles for human rights, the changing understanding of human rights and the effectiveness of legal measures both domestically and internationally in addressing human rights issues. [M60 H43]

M = Macmillan H = Heinemann

Instructional Verbs

Account Account for: state reasons for, report on. Give an account of: narrate a series of events or transactions

Analyse Identify components and the relationship between them; draw out and relate implications

Apply Use, utilise, employ in a particular situation

Appreciate Make a judgement about the value of

Assess Make a judgment of value, quality, outcomes, results or size

Calculate Ascertain/determine from given facts, figures or information

Clarify Make clear or plain

Classify Arrange or include in classes/categories

Compare Show how things are similar or different

Construct Make; build; put together items or arguments

Contrast Show how things are different or opposite

Deduce Draw conclusions

Define State meaning and identify essential qualities

Demonstrate Show by example

Describe Provide characteristics and features

Discuss Identify issues and provide points for and/or against

Distinguish Recognise or note/indicate as being distinct or different from; to note differences between

Evaluate Make a judgement based on criteria; determine the value of

Examine Inquire into

Explain Relate cause and effect; make the relationships between things evident; provide why and/or how

Extract Choose relevant and/or appropriate details

Extrapolate Infer from what is known

Identify Recognise and name

Interpret Draw meaning from

InvestigatePlan, inquire into and draw conclusions about

Justify Support an argument or conclusion

Outline Sketch in general terms; indicate the main features of

Predict Suggest what may happen based on available information

Propose Put forward (for example a point of view, idea, argument, suggestion) for consideration or action

Recall Present remembered ideas, facts or experiences

Recommend Provide reasons in favour

Recount Retell a series of events

Summarise Express, concisely, the relevant details

Synthesise Putting together various elements to make a whole

The Essential Influences On Law

The Concept of the Rule of Law

Principle that the Law must be known and applicable to all citizens

The law should be known with certainty of application to all people that it my affect

The law should not be applied arbitrarily

A law may be known and applicable to all people but realistically affect only a few. Rule of Law reduces arbitrariness but does not necessarily promote fairness.

Generally considered a positive component of the Legal System. Ensures that the Law is the ultimate authority, not the government.

Some safeguards need to be in place. Dennis Lloyd suggests:

Independent Judiciary

Legal system should monitor Police system

Independent Legal profession

Executive should be supervised (eg. By courts)

Social Influences

Combined Cultural, Moral and Intellectual forces that affect the law

Writings of academics and Lawyers

Drink Driving and Non-Prison punishments caused by social factors.

Cultural Influences

Culture refers to ways of living for a group of people

Cultural influences include religion and philosophy

Moral Influences

Many laws created/altered due to perceived immorality

Eg. Child Sex Tourism

Eg. Abortion

Political Influences

Actions of sections of society that have the aim of furthering their own interests

Lobby groups unions, NGOs

Political Parties

Economic influences

Economic influences increasing

Interest Rates, Government debt

Support wealthy businessmen particularly media barons

Nature Of Law

Development of law as a reflection of past and present society

Common Law system From England

Federal System States wanted to keep some power

Australias unique environment contributes to our laws.

Water restrictions in times of Drought.

Documents translated into multiple languages due to Multicultural

Historical development of Law in Australia

Doctrine of reception English colonists carry with them English law

Terra Nullius allowed English Law to prevail

To this day almost no recognition of ATSI law

Gradually laws passed in England gave more power to NSW and later Australia

In 1900 the Australia Constitution Act (UK) was passed in British parliament

All legislative and appellate power of Britain was cut in 1986 with the passing of the Australia (Request and Consent) Act 1985 (Cth) and the Australia Act 1986 (UK)

Customary Law

Law which has its basis in long-continued practices

Most frequent in Indigenous communities

Informality of dispute resolution

Civil Law

Can be used in multiple ways. For Civil Law System:

Used predominantly in Europe

Derived from Ancient Roman and Napoleonic traditions

Inquisitorial. Judge has more power. Can call for evidence and question witnesses

Most influential implementation the Code Civil 1804 in France

No Rule of Law or Doctrine of Precedent

Writers and academics as influential as Judges

More emphasis on written submissions than oral argument

Common Law

Can be used as law made by courts, Law made by Common Law courts or as Common law System

Common law system inherited from Britain. In use in Australia, New Zealand, Canada and U.S.A.

Judges make law in cases

Doctrine of precedent, cases must be judged in same manner as like cases.

Judge passive and reactive

Doctrine of Natural Justice

Notion that logical reasoning may determine Just or fair processes in Legal Proceedings

Procedural Fairness

Person accused of a crime, or at risk of loss, should be given adequate notice of proceedings

Person making decision should declare any personal interest in proceedings

Person making decision should be unbiased and act in good faith

Proceedings should be conducted so as to be fair to all parties

Each side is entitled to hear anything the other side says to the decision maker

Each party is entitled to ask questions and contradict evidence of other party

Decision maker should not take into account irrelevant considerations

Not only should justice be done but it should be seen to be done

Domestic Law

Domestic law is the law of the legally recognized dominant culture

Designed to control behaviours and relationships between citizens

In Australia main sources of Domestic law are Federal and State parliaments

Domestic Law should not affect citizens outside the jurisdiction of the nation

International Law

Main purpose: Guidance of Nations following international Law

UN conventions and Treaties

Often un enforced due to practical restrictions

Public Law

Constitutional, Administrative and Criminal Law

Governs conduct of Government and administrative institutions

Private Law

Law of contract and Tort

Deals with interactions between private citizens (Or corporations)

Civil law

Disputes between individuals (Or groups)

Civil wrongs Negligence and Breach of Contract

Burden of proof with plaintiff

Standard of Proof: Balance of probabilities

Criminal Law

Prosecutions by the State of Individuals

For Breaches of the Peace

Burden of proof with Prosecution

Standard of Proof: Beyond a reasonable doubt

Contract Law

Part of Private, Domestic, Civil Law

Covers creation, performance, breached and remedies of contract situations

Specifies who may enter into a contract

Mainly covered in Common Law

Underpins commerce

Statutes have introduced implied terms to protect consumers

Tort Law

Private, Domestic, Civil law

Governs non-contract, non-criminal breaches

Covers: Trespass, Damages for assault, defamation. And negligence

Negligence, Nuisance, Defamation, Trespass [M31 for details]

Property Law

Governs the ways in which personal and real property may be owned, used, transferred or sold

Real Property: Land and items attached to land (eg. Houses)

Personal Property; Things which may be legally owned. (Dead body cannot be owned, but your own organs can be)

Personal Property: Choses in Possession Tangible assets (Painting, Gold)

Personal Property: Choses in action Intangible (Shares, value on cheque)

Aboriginal and Torres Strait Islander Customary Law

Developed orally over thousands of years

Applies to members of the Indigenous Community but rarely is combined into Common Law. Some exceptions such as native Title and alternative punishments.

Different mediation practices than Common Law adversarial system

Nature Of Justice

Access

Access to justice was recurring theme in 1990s Australia

In 1993 the Access to Justice Advisory Committee was established

In 1994 I released the Access to justice: An action plan report. Some of the issues it examines are:

Legal Aid

If people cannot afford to find out about and extend their rights then there is not equality before the law

Legal Aid helps those who cannot afford legal representation

Alternative dispute resolution

Mediation Resolving disputes without Courts

Arbitration, Conciliation, Mediation. Also being incorporated into the Court System

The Ombudsman and consumer complaint schemes

Investigates maltreatment of people by government employees

No cost to the complainant

Extensive powers of investigation but only power of recommendation

Both federal and State level

Equity

Synonomous with Justice

In legal terms it refers to something that contrasts with the strict rule of law.

Equity is a body of rules applied to achieve justice where application of strict laws would not have achieved just ends

Modern superior courts are courts of justice and equity, to do what is right by reason and justice

Fairness

Underpins Justice and Equity

Not usually used legally other than Fair Trial

And Natural Justice replaced with Procedural Fairness

International law the concept of Fairness is increasing

Fairness helps countries to accept International Law

Equality

Basic notion all people are equal. Central to the Rule of Law

Legal setting means all people have the same rights, unless there is some reason for them to be different, eg. Intellectually unfit or young children

Due to traditional discrimination there is now also positive-discrimination I.E. preferential treatment of minority groups

Human Rights

Applicable to all people

1776 US Constitution set out rights: Life, Liberty, Pursuit of happiness

Universal Declaration of Human Rights 1948

The Nature and Development of Concepts of Human Rights

Syllabus Point 4.1 Rights

state sovereignty, natural law doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education

State Sovereignty

Power of a State to have control over its territory and citizens

State is a nation or self governing country

Stops a nation from acting within another nations borders

Helps asylum seekers to gain reguge once they cross a border

Limits power of a state to intervene in another states affairs when there is human rights abuses

Natural Law Doctrine

Created by higher powers or reasoning

Original idea stemmed from Catholic Rome, belief that they were enforcing a Universal moral standard

Basis for many Human Rights

Eg. Apartheid. Positive (Posited, Man Made) Law supported it but Reason shows that it is wrong

Movement for Slavery Abolition

Slavery, Rape and Torture are most feared injustices

Slavery is where one person is completely under the control of another

In 18th Century Britain outlawed slavery

During 19th century and early 20th many treaties outlawed Slavery.

Treaty of Berlin 1855

Slavery Convention 1926

International Covenant on Civil and Political Rights abolishes Slavery. Article 8

Article 4 Universal Declaration of Human Rights

Trade Unionism

Collective organisations of workers formed to protect workers rights

Collective Bargaining

Achievements of Trade Unionism

Prevention of Child Labour

Prevention of Forced Labour

Rejection of Apartheid

Fair Treatment of Workers

Safe Working Conditions

Leading Organisation International Labour Organisation

For many years was illegal because it disadvantaged the ruling elite

Universal Suffrage

Right of all people to vote in political elections

Up until early 20th century women not allowed the vote in most common law countries

Many countries still do not have Universal Suffrage

Article 24 Universal Declaration of Human Rights

Universal Education

May be considered a basic Human Right

Without Education a person cannot comprehend the society they live in

And as such may not recognise Human rights abuses

Article 26 Universal Declaration of Human Rights: Everyone has the right to education

Historic Constitutional Documents

Document

What It Does

Magna Carta 1215

Agreement between Barrons and King. No free man may be imprisoned other than trial by jury. No tax shall be authorised unless passed by parliament. Not designed as Human Rights document but effectively gives rights

Bill Of Rights 1688

By English Crown. Limited power of Executive. Crown could no longer suspend or make laws without Parliament. Free Speech in Parliament

Act of Settlement 1701

Crown must rule subject to the law. Predecessor to separation of powers.

Universal Declaration of Human Rights 1948

First UN document on Human Rights. Basic Principles nad Fundamental freedoms of humanity

European Convention for the Protection o Human Rights and Fundamental Freedoms 1950

Created a European Commission of Human Rights. Effective 1955. To adjudicate on breaches of the convention.

International Covenant on Economic, Social, and Cultural Rights. (In force 1976)

Recognises Right to Self Determination and the abuse of discrimination.

International Covenant on Civil & Political Rights (1976)

The Convention on the Elimination of all forms of Discrimination against Women (1979)

Introduced to ensure equal rights for all women

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1987)

To stop torture in all its forms

Convention on Rights of the Child

Develops regime whereby rights of children are protected, children being most vulnerable humans.

Syllabus Point 4.2 Rights

distinguishing between moral, customary and legal rights

Moral Rights

Based on societys morals

Often based on religion or philosophy of a society

Customary Rights

Developed over long periods of time

Implicit understandings

Based on accepted way of doing things in society

May be local communities, Indigenous Communities or World Community

Legal Rights

Based on Customary and moral Rights

Legally enforceable

Statute/Common/Constitutional law

Syllabus Point 4.3 Rights

differences between domestic and international rights

Domestic Rights

Granted by domestic law

Many countries have Bill Of Rights

Enforceable

International Rights

Mainly stem from UN

Often unable to be enforced unless ratified into domestic legislation

Main Pieces of International Law

Universal Declaration of Human Rights

International Covenant on Civil and Political Rights

International Covenant on Economic, Social, and Cultural Rights

International Convention on the Rights of The Child

Idealistic in nature

Identifying the Types of International Rights

Syllabus Point 5.1 Rights

civil and political rights; economic, social and cultural rights; environmental and peace rights





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Monday, November 26, 2012

Today’s Investigative Special Report – November 27, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “The Ultimate Sacrifice” When Law Enforcement Officers Lose Their Lives in the Act of Saving Others

Posted on 9:00 PM by Unknown


By Lawrence W. Daly, MSc
National Law Enforcement Officers Memorial lio...
National Law Enforcement Officers Memorial lioness statue (Photo credit: Wikipedia)
Forensic Expert – Senior Author
On Saturday, November 24, the Baldwin County Sheriff’s Department lost one of their Deputy Sheriff’s, Deputy Scott Ward, 47, a 15 year veteran. Also, another Deputy was shot and is currently in treatment at the local hospital in critical condition for being hit in the chest by the shooter, a Michael Jansen, 53, who was shot and killed at the scene by the Deputies. The incident occurred in Fairhope, Alabama.
The ultimate sacrifice is difficult to deal with for those who are related to him, best-friends with him, worked with him, and etc. of the fallen deputy. In a moments time a life is taken without no rhyme or reason, and sadly life goes on without a misstep or much thought about a law enforcement officer who previously saved others by losing his life.
The death of law enforcement officers occurs too often and by individuals who either have mental problems, committed or was about to commit a crime, or was recently released by the Department of Corrections. Generally, most of the murderers of law enforcement officers have had multiple contacts with the criminal justice system for one reason or another.
In 2011 according to the Federal Bureau of Investigation (FBI) there were 72 felonious officer deaths. This is one too many and there needs to be laws which enhance the penalties and punishments of anyone who assaults or takes the life of a law enforcement officer. Too often assaults on law enforcement officers are view by the prosecution as the type of case which can be plea bargained. This attitude has to change and prosecutors need to prosecute those individuals who are violent or kill any police personnel.
The FBI report, issued in May of 2012, analyzed the 72 felonious deaths as follows:
Of these 72 felonious deaths, 19 officers were killed during ambushes (14 during unprovoked attacks and five due to entrapment/premeditation situations); five were slain while investigating suspicious persons or circumstances; 11 were killed during traffic pursuits/stops; five of the fallen officers interrupted robberies in progress or were pursuing robbery suspects; and four died while responding to disturbance calls (one being a domestic disturbance). Six officers died during tactical situations; one died while conducting investigative activity; one officer died while handling or transporting a prisoner; and 20 officers were killed while attempting other arrests.
Deputy Baldwin’s death could be considered an ambush scenario. According to several media reports, Baldwin and two other deputies approached Michael Jansen who was standing outside on his porch. When the deputies were close enough Jansen began shooting at the three officers. Jansen killed Baldwin and shot another deputy. Jansen was killed and pronounced dead at the scene.
It is difficult for law enforcement officers to deal with losing the death of a cohort. This author understands what it feels like to lose a fellow officer and a friend. In 1982, Office Michael Raburn was stabbed to death by a mentally disturbed man. Raburn knocked on the man’s door to serve an eviction notice. Upon opening the door the man reached Raburn with a fighting sword stabbing him to death. Raburn was able to get five shots off before dying. Twenty some hours later the Seattle Police Department SWAT entered the man’s residence and he was shot over 25 times. The standstill came to an end, but the pain of the entire incident lives with me every day.
Law enforcement officers killed in the line of duty not only leaves the community nervous and upset, but the impact in the law enforcement community begins a process of questioning whether the officer acted according to policy and procedures. Many questions are raised about could he have done something different than what he did or was it just his day to die.
Judging a law enforcement officer’s decision making prior to his death is easy for everyone to do as they weren’t at the incident and under the same circumstances what would they have done different? Being a Monday night quarterback is something everyone finds themselves doing when the situation is personal and professional.
The psychological and physiological impact of the officer’s family, friends, and other professional who knew the officer varies in many ways, but is predicated upon the individual. The officer’s in the community change the way they use to do things. In making traffic stops they have their hand on their gun. When they respond to a domestic violence situation, they have their guns out. Their new behavior is more out of fear than anything else. The loss of one of their own makes them think and rethink how each step they take to be considered, reconsidered, reconsidered, and on and on.
The mental and emotional process takes years to find some resolution. The loss of a fallen officer isn’t something which comes and goes. Mentally it is challenging to get back to work and perform the job as if everything was back to normal. The emotional up and down feelings come and go especially when there is a violent situation presented for them to deal with.
Some officers change the way they deal with citizens when dealing with a situation. Many citizens enjoy talking with their hands; some like to touch others when they are expressing their side of a situation. Law enforcement officers do not like to be touched when they are dealing with individuals during specific situations such as domestic violence, assaults, and etc. The officer believes that the closer a perpetrator gets to him; the less likely the officer will be able to evaluate specifically what the individual may do.
In telling perpetrator’s to back up and quit touching them may seem to a bystander as the officer being rude or disrespectful, but this couldn’t be further from the truth. If previous situations have caused the officer or another officer to be harmed when the perpetrator is close, invading the officer’s space, and begins touching the officer, this may result in the perpetrator being arrested. When an officer has been hurt or killed by violent individuals after the killing officers will be additionally sensitive to their surroundings and the people they deal with.
In an arrest of a violent individual who was apprehended for a theft situation, upon trying to arrest the perpetrator he assaulted the arresting officer. Then a local law enforcement officer was killed in the line of duty. The mental and emotional temperament of the other officers may become apparent. In this situation a court hearing was held and the judge determined that the perpetrator who was with a friend at the time of the theft didn’t have knowledge of the theft, but ran because his friend ran.
The altercation between the arresting officer and perpetrator was also dismissed, the judge ruling that the “Fruit of the Poisonous Tree” was the reasonable thing to do. The officer who was in court lost control and slammed the door as he walked out of the courtroom. The judged ordered the officer into his chambers and explained that his behavior was unacceptable.  However, understanding that a local officer had been killed a couple days before, the judge allowed the officer to vent his feelings.  The judge was satisfied with his reasoning that being a law enforcement officer isn’t a walk in the park and when a perpetrator assaults the officer the ruling by the court should be to hold the individual accountable. Maybe this person will not be allowed to be released into the community where he will take it to the next level and kill an officer.
The death of a law enforcement officer, like Deputy Baldwin and the other 72 officers killed in the line of duty in 2011 is unacceptable. No matter how prepared an officer is or how he approaches a situation by policy and procedure, he may lose his life. If the death of an officer occurs the ripple effect through the law enforcement community is difficult to gauge and understand. Most importantly officers will evaluate and examine what the officer could and should have done and hopefully his death will be a learning tragedy for others to learn from.

Lawrence W. Daly
www.onedaly.com
206-650-0229
onedaly@onedaly.com
Kent, WA





Related articles

  • Baldwin sheriff: Deputies had no warning before man with mental health history starting shooting
  • Deputy Shooting Investigation Update
  • 72 law enforcement officers were slain last year
  • Man Opened Fire on 2 Ala. Cops
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