The Jeffrey And Tracey Info Emporium

I try to stay as current as possible on developments in my little corner of the world and it struck me recently that not much new has been written on a subject that is so important to the financial lives of many people. Financial litigation is frequently complicated, expensive and usually there is a lot at risk. After working in the Banking Industry for more than 32 years, the last 20 or so of which acting as a turnaround specialist for “troubled” banks; I have had more than my fair share of working with banking litigation, attorneys, depositions and court appearances. It was, in part, that very experience that caused me to begin consulting or testifying for attorneys on finance related matters.
Working with attorneys in recent years when I wasn’t a party to the litigation has been a real eye-opener. Before continuing, I have to add that the vast majority of attorneys where I have been retained have been exceedingly bright, talented, knowledgeable and quick studies of what can sometimes be very complex financial transactions. The eye-opener part; however, has been some common mistakes they make in picking and utilizing an expert consultant or witness.
Picking The Right Expert
My focus in this area is on the background credentials of the expert. I assume that any expert retained by a law firm will make a good appearance and speak well enough. Today, more than at any other time, many cases are won or lost on the testimony of the expert witness. The real difference between an expert that will help make or break your case is the depth and diversity of the expert’s background within the industry involved in the litigation. I specialize in financial institution matters yet I have seen opposing counsel try to qualify CPA’s or mortgage brokers as their expert. While these people may be excellent at what they do; they have no understanding of what goes on inside a bank or finance company. Even a line employee of the institution (particularly a large institution) usually does not have the well-rounded experience of the overall enterprise or the administrative background to see and comprehend the big picture. An expert who does not have diverse administrative background may know how things are done because of habit, e.g. “someone told me to do it that way” or “we’ve always done it that way.” As a result, these people will not be convincing to a judge and jury; especially after a rigorous cross-examination.
Also, I understand that attorneys must ask certain questions of a potential expert for the obvious reasons; but the interpretation of the answers may be flawed. My favorite is “How many times have you testified at trial?” While I have handled my fair share of cases, very few have gone to trial and all have settled in my client’s favor, usually after submitting a report. My point here is that picking the right expert, not necessarily the one who has gone to court the most, can really help your case. Perhaps better questions to ask are “How many expert reports have you written?” and “How many of those cases resulted in a favorable settlement before trial?” No expert can turn a case without merit into a winner; but the right expert can highlight the strong parts of your case with enough credibility to induce a favorable settlement.
Waiting Too Long To Hire An Expert
There are three ways that waiting too long to hire an expert hurts your cause. Probably the most unpleasant of these reminds me of the promo line for a local radio legal talk show — “this is where you call me on the telephone and I tell you that you have absolutely no case!” Seriously though, getting an early read on a case from a consultant/expert can save you a lot of aggravation and money if you have no case.
Perhaps more important is the second reason which is and expert can help you considerably to frame the issues if you do have a case. A good expert has the industry experience to immediately spot where standards and practices have been violated and can explain why these departures are important for your case. They have also seen and participated in numerous similar cases so they can translate breaches into causes of action. You lose this very valuable assistance if an expert is not retained before a complaint is filed.
One of my favorites is being retained after the discovery period is closed. A good expert can tell you exactly where to look in the organization’s files to support your position. What may not seem important or relevant or simply not thought of can be very revealing for your case. Conversely, there are many document requests that may be informative; but, as a practical matter, will never be obtained. As an example in my individual area, regulatory examinations, though very revealing, will never be released.
Not Taking Your Expert To Depositions
To someone who knows the industry and its related hedge words, not taking your expert to opposition depositions can be really damaging. Very often, the subject of the deposition will say something that, to the uninitiated, may sound logical and reasonable; but, the answer may have been carefully phrased and/or contain industry jargon that narrows or limits the response. An expert who is intimately familiar with the language of the trade can suggest questions to expose limiting language. The result of this ability to probe carefully hedged answers can completely change the impressions intended to be left by the opposing side and, if a trial follows, reverse the impressions intended to be left by the opposition on a judge and jury.
Limiting The Information Given To Your Expert
Occasionally, an attorney will not give his expert all the information he has. Sometimes the attorney will discuss this information with their expert and both agree that it really would not add any value for the expert to review the information. If that is the case, then “no harm…no foul.” If that isn’t the case, you could be headed for disaster. If a document contains information unfavorable to your position and you don’t show it to your expert; it’s a safe bet that the other side will. Picture the scene where opposing counsel asks your expert, “Mr. ……….., now that you’ve read this document; does that change your opinion?” The major reason expert witness testimony is invaluable can be summed up in one word, credibility. If the expert loses credibility with a judge and/or jury; the result can be worse than if you had no expert at all. I was taught, early in my career, to never defend an untenable position.
Allow Sufficient Time
Give the expert enough advance notice that you will need his or her services. A well-reasoned, logical opinion needs to take into account a multitude of factors; some of which may not immediately come to mind. In many of the cases I have worked on, I was surprised that simply reflecting back on the facts caused me to remember additional facets which solidified my opinion. In one recent case, the attorney I was working with was surprised to learn about certain industry customs that I had previously considered so mundane as to not be worthy of mentioning. This is sort of a bonus for plenty of advance warning and frequent communication.
If a report is required, I always like to read it over at least a few times to make sure the thoughts conveyed present all the pertinent facts in an easy to read and understand fashion. My past experience has been that a well- reasoned and well-organized opinion or report promotes settlement. A hurried expert analysis is usually flawed allowing an opposing attorney to have a field day questioning a “rush job.”
The attorney-expert team is critical to the successful litigation of complex cases. Experts must be objective; the expert’s job is to vigorously search for facts and the truth. Selecting the right expert for your needs is no easy task, but diligent work with experienced trial counsel in the selection and preparation process pays invaluable dividends.

Copyright © 2005 Capital Finance. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder.

1 ,2 “My Kingdom for an Expert!”, By Michael B. Lee, Beirne, Maynard & Parsons L.L.P.

About the Author

Mr. Fried is the owner of Capital Finance, a finance and consulting concern, providing expert testimony, litigation support and consulting services to the legal community. He may be reached at http://BankingExpertWitness.com

While no one ever plans on being arrested, it is a good idea to know what you should and shouldn’t do in case it ever happens. By understanding what is expected of you and what circumstance can make your situation worse, you will be better able to handle the distress and fear that comes with being arrested.

First of all, there are certain things that you should do if you ever find yourself in this scary situation. Do attempt to stay calm and try to only speak to the police officer in a respectful, polite manner and tone of voice. By staying calm you will be better able to assess the situation for what it really is and better able to recall all of the details of your arrest later for your attorney. By being polite and respectful you will cut down on the chances that the arresting officers will become angry or aggressive, which could lead to your being injured or harmed.

Do give the basic information that the officers are asking for without being surly or rude. This information includes your name, address, and telephone number, the name of an immediate family member and their phone number and the name of the place of your employment. Not only do the police officers need this information to file the forms of your arrest, they will also need it when setting your bail.

Do exercise your right to remain silent. You are not required by law to answer any questions that could incriminate you and you do not have to speak to the police, district attorney or anyone unless you are in the presence of your lawyer. If the police continue to ask you questions or harass you for answers, you should simply keep repeating the phrase, “I wish to speak to my attorney”.

Do exercise your right to make one phone call. This call should probably go to your lawyer but in a case where you do not have a lawyer, you should call a close family member and instruct them to obtain legal counsel for you as soon as possible.

Do attempt to get the names and badge numbers of the police officers that arrest you. You have a right to this information but for various reasons, some officers may attempt not to disclose this information to you.

There are also a number of things that you should not do if you ever find yourself under arrest.

Do not resist arrest. Even if you believe that the charges held against you are false, insisting on your innocence at this point will not help you or stop the arrest. Wait until you are taken to the police station and allowed to call an attorney. Once your attorney arrives, speak through him or her to defend you innocence.

Do not act in an aggressive manner or yell out threats about filing harassment complaints. Aggressive behavior will only cause the police officers to try to restrain you and your bad behavior could be held against you later when you are trying to fight the charges in court.

Do not complain when the police officers handcuff, search, fingerprint or photograph you. All of these processes are a normal result of being arrested. Go through the process with as much cooperation with possible.

While being arrested will never be a pleasant experience, the way you act and the things you choose to do and not do while going through the process can go a long way toward easing the pain, inconvenience and humiliation of the experience.

© 2005 LawyerVista, a website where you can perform a lawyer search for your city or state, including Albany criminal lawyers and Oregon criminal lawyers.

You may reprint this article as long as you don’t alter or edit it in any way and include the author’s credits and this copyright notice including a working link to us.

DUI checkpoints are the only exception to the freedoms granted to U.S. citizens by the constitution. The U.S. Constitution states that the government and police need “probable cause” to detain any citizen for questioning except in the case of DUI checkpoints. Just because you are out driving, they can detain you and question you without probable cause. Is this a lawful/fair practice?

Read this scenario and ask yourself if this could be you?

Your good friend just moved into a new home a few blocks away from where you live. It’s going to be fun living so close to such a good friend. They invite you over for a welcoming dinner get together Friday night. You attend and there are a couple of other people there that you know. You arrive around 7:30 PM and are offered a social glass of wine. You accept to be polite and hold the wine without really drinking much, maybe 2 or 3 sips socially.

Dinner is served around 8:15 PM and you sit down to a nice dinner with a group of old friends. At dinner you enjoy 1 full glass of wine and relax into some good conversation. After dinner everyone moves into the living room where you sit and discuss an upcoming event that you all are excited about. As you all talk the host brings you another glass of wine. You realize that you need to drive home so you don’t really drink the wine but just hold it to be social. You end up taking another 2 or 3 sips maximum. You say your good-bye’s around 9:15 PM and head home.

You only live a few blocks away but as you drive you see something strange in the distance. You see a series of bright lights ahead and a bunch of cones spread out along the road. As you continue to drive the cones get closer and closer together forming a funnel that limits access to the road forcing you to drive directly towards the bright flashing lights. Your eyes were already adjusted to the dark night and the upcoming bright lights are disorienting you a bit as you drive towards them. The combination of the cones re-directing the traffic pattern along with the bright lights makes you unsure of exactly where you’re supposed to drive on the road.

As you get closer to these bright lights you see a large group of people standing along side the road, some carrying signs. You start wondering what all of these people are doing standing on the side of the road and you try to read some of the signs as you approach. This distracts you from the bright lights for a second because it’s such an odd thing to see. As your attention returns to the bright lights your eyes are struggling between dilating for the darkness and adjusting to the brightness. Your heart rate has started to increase in response to all of the confusing stimuli.

As you pull up to where the road is blocked an angry police officer begins yelling for you to roll your window down and shut off your car. Unsure why he is so upset you roll your window down and try to calm yourself. As your window comes down he sticks a bright high powered mag light into your car and shines it right on your face. He immediately begins interrogating you with questions like, “Where are you coming from?” “Where are you going?” “How much have you had to drink tonight!”

Still unsure as to why he’s so angry you to try to answer but your heart is now pounding so fast and you’re beginning to perspire excessively because of the intimidating scene in front of you. You hesitate, and then nervously answer his questions and honestly state that you had 1 glass of wine tonight.

The officer barks, “Why did you have to think about how much you had to drink, you’re not sure are you?” With your response you simply state that you just hadn’t thought about it before he asked.

He then asks you to step out of your car and perform a series of strange exercises in front of this large group of people who has now begun to yell at you. You are made to stand on one foot and count, then a pen is waved in front of your face followed by the police officer demanding that you blow into this little device he pulled from his squad car. You remember something about not having to do anything without speaking to a lawyer first and you ask the police officer about this. He fires back that you are afraid to blow because you know you are guilty and have drank excessively. He tells you that you’ll be in big trouble if you don’t blow into the machine. Unsure of what you are supposed to do or what your rights are, you do as the officer demands.

Your heart is literally pounding and you feel the sweat dripping from your forehead as you think about what is happening. Still unsure of what your rights are in this situation you decide that the best thing to do is answer all of the police officer’s questions and do as your told.

After another series of questions he writes what seems like a paragraph on some type of report and then informs you that you are being arrested for suspicion of DUI. You are handcuffed and put in the back of the police car while the group of people standing off to the side cheer.

In his police report he notes that you smelled like alcohol, admitted to drinking alcohol, were perspiring excessively, swerved while approaching the checkpoint, and appeared “disoriented” and “nervous.” He also notes that you failed all field sobriety tests.

Could this be you?

About the Author

The Information Association, LLC publishes step-by-step instructions for those with DUI records or are arrested for DUI to clear their records and minimize the damage done to their personal lives at http://www.duiprocess.com

Dogs are one of the most popular pets around the world. Although almost everyone has had contact with a dog at some point in their lives, few people understand the danger that lurks in the heart of man’s best friend. There is currently a dog bite epidemic sweeping the United States. The 65 million dogs in America will bite 4.7 million people this year, and 800,000 will require serious medical attention. That is almost 1,000 people a day; nearly 2% of the entire population. Sadly, most of the victims of dog bites are young children between the ages of seven and 15. Statistics show that almost all severe dog-inflicted injuries occur on children under the age of 10, and most of the dogs that attack people are known to the victim and belong to a family or friends.

Although any dog can become dangerous if mistreated or abused, there are some breeds of dog that tend to attack more often than other breeds. According to a study conducted by the Centers for Disease Control between 1979 and 1996, the top three breeds that attacked and killed the most people are Pit Bulls, Rottweilers, and German Shepard Dogs. These three dogs accounted for more than all the other canine-related deaths combined. Other dangerous dogs that are likely to kill people include Doberman Pinchers, Huskies, Chows, and Saint Bernards.

It is important to remember that any dog is potentially dangerous. In 2000, a Pomeranian mauled to death its family’s six week old baby, even though the dog weighed only four pounds. The incident took place while the girl’s uncle prepared a bottle for her in the kitchen, and when he returned the dog was viciously attacking the baby. Dogs evolved from powerful predators, and despite thousands of years of socialization and modern techniques of training and discipline, they retain their base instincts and reactions. While this is expected and even rewarded in some breeds, it is quite a shock when smaller and less aggressive dogs attack and kill people.

Dog bites cost Americans billions of dollars every year in insurance premiums, medical bills, and lost time from work. In fact, in 1995, the insurance industry paid out over $250 million in settlements for dog bites. By 2001 this amount had risen to $310 million, and by 2002 insurance companies were paying out $345.5 million to victims of dog attacks. Although costs dipped a bit to $321.6 million in 2003, most dog bite experts agree that the costs associated with dog bites will begin to rise in the years to come. All told, victims of dog bites in the United States suffer an average of $1 billion each year in total economic losses.

Trademark law gives companies the exclusive right to use a given name or design, called a “mark,” for the purpose of identifying the source the of that company’s goods or services. Trademark law is an incentive-based system. Because it gives companies the exclusive right to use a mark in connection with certain goods or services, the company can create a brand that is recognizable by the consuming public. That trademark would be associated with and incorporated into every advertisement the company runs for its goods or services. Repetition of those advertisements containing the trademark causes consumers to associate the mark with the goods and, with enough repetition, consumers buy the goods.

A brief, but related, digression. We all know that if you see a product advertised frequently enough, the product will sell. You might even be one of the people who buys the product. The thinking process by which you reached the decision to buy the product is not an intellectual, logical process. It’s a function of the way the human mind works. Continually hearing a repeated message makes the message more familiar, more real, and, eventually, more true. As the adage says, “even the boldest lie becomes the truth if you scream it loud enough and long enough.” I call this the “Lie = Truth” Adage. Sadly, I frequently encounter the “Lie = Truth” Adage in litigation. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.

Back to trademarks. The advertising departments at most companies know the “Lie = Truth” Adage can be very successful in advertising. The cynic would pump his fist in the air yell “Down with the corporations, and power to the people! All the corporations care about is taking our money at all costs!” While we can point to some recent examples that might make it challenging to argue against this viewpoint, as to the overwhelming, vast majority of companies, that view simply cannot be supported.

Trademark law creates very strong incentives for companies to make the highest quality product possible and to advertise their merits and attributes accurately. Aside from the fact that companies invest anywhere from tens of thousands to millions of dollars into their trademark(s), all it takes is one bad product line to tarnish a companies image in the mind of the consumers who buy their products. Both of these factors hit companies where it hurts them most: in the pocketbook. So, while companies clearly have to perform a balancing act of creating a high quality product, keeping costs down, and pulling in as many purchasers as possible, they have very strong incentives to create a quality product that they will associate with their trademark.

To be eligible for any level of trademark protection, a mark must be “distinctive” and not merely “descriptive” of the goods or services. Whether a mark is distinctive and “how” distinctive or strong the mark is can be determined by a sliding scale. Marks can be (1) fanciful; (2) arbitrary; (3) suggestive; (4) descriptive; or (5) generic. Whether a particular mark is protected by trademark law depends on the strength category into which it falls.

A fanciful mark is one that is invented for the sole purpose of being a trademark. For example, EXXON is a fanciful mark. It is a word that does not exist in the English language and was created only for the purpose of identifying the oil and gas company.

An arbitrary mark is typically an existing word that is arbitrarily applied to a product or service that has nothing to do with the word. For example, the mark APPLE as applied to sales of computers.

A suggestive mark is a mark that suggests a quality or characteristic of the goods or services. Suggestive marks require some level of imagination to bridge the connection between the mark and the product. For example, the mark PENGUIN as applied to refrigerators.

A descriptive mark is a word that merely describes a quality or characteristic of a product. Descriptive marks are not entitled to trademark protection unless they have obtained “secondary meaning” under the trademark law. An example of a descriptive mark would be LIGHT to identify a lightweight notebook computer.

A generic mark simply identifies by name a particular product. Generic marks are never entitled to trademark protection. An example of a descriptive mark would be MODEM in connection with modem sales. If trademark protection were allowed in this instance, the company could essentially remove the word “modem” from the English language.

Henry J. Fasthoff, IV
Principal & General Counsel
HoustonBusiness.com

Introduction

In this article, we shall study the nature, type of crime as defined and methods propounded by various jurists for controlling them and we also study criminology as subject its origin, classification, methodology and approaches in criminology for study of crimes. The interpretation of the historical development of criminology , any such history is inevitably a contentious undertaking, entailing theoretical choices and rhetorical purposes as well as the selection and arrangement of historical materials. Whether they acknowledge it or not, histories of the discipline necessarily come up against fundamental issues – what is crime and ‘criminology’?

What is Nature Crime?

The classical School Was Not Interested In Studying Criminals, But Rather In Preventing Crime and people choose to commit crime after weighing the benefits and costs of their actions.

The crime according to the social theories is correlated with structure of the society of society. It is also originate from the social disorganization of the society, more urbanization more the ecological problems result in mental strains causes gangs and delinquent crimes.
Social conflict theory portrayed crime as a function of social demoralization and a collapse of people’s humanity reflecting a decline in society. The brutality of the capitalist system turns workers into animal-like creatures without a will of their own.

The Marxist theory of the criminology believe the empirical relation of the development of the capital economy leads to development of “CLASS STRUGGLE” results in indulgence in crime for securing their right from privileged section of the society. The economic inequality intensifies personal problems and crime.

Crime is a product of society and each society will produce its own types and amounts of crime. The critique of Marxist says that if the Marxist is accepted as then what is cause of crime in socialist countries? Marxist standards are too high and moralistic.

Powerlessness increases the likelihood of Victimization for women, Crime is a way of “doing gender” for men. The patriarchal structure of the society leads to dominance of the male gender weakening of the position of the woman and causes crimes like cool blood murders, murder in the name of “AZHAT”, rapes and prostitution etc and the patriarchal structure of the society is being resisted by various quarters’ causes feminist crime.

The inferior biological structure coupled by weakness of basic instinct like possession, sex and fear of body of human accentuate delinquent behavior and the tendency towards crimes, and the biological school of thought believe in proper physical development for curbing committing of the crime.

Basic theme is that criminals represent physically different structure from non-criminals and criminals as atavistic e.g. sloping foreheads, joined eyebrows, long arms, twisted noses etc.

Chambliss and Seidman propounded the modern conflict and on empirical relation of Law, Order and Power in 1971.They believe that the justice system operates to protect the rich and powerful by defining crimes and law enforcement and punishment for law-breaker.

How to prevent them?

There are various theories has propounded by jurists for prevention of the crime in societies.

Punishment

The Marxist has labeled the tool of punishment by saying “only crimes of the poor are punished ” and also believes in fact that the crime will virtually disappear with equal distribution of property.
The punishment is inflicted for the purposes of breaking norms of the society which has been codified into the law provisions.

Methods Of punishment

There are various method of punishment has prescribed, radical and classical school of thought extend their appreciation for the strict punishment for curbing the committing of crimes while modern jurist prefer the reformative schools.

Justifying the Punishment

Cesare Beccaria, follower of classical school, while justifying punishment say that, the retributive approach maintains that punishment should be equal to the harm done, either literally an eye for an eye, or more figuratively which allows for alternative forms of compensation. The retributive approach tends to be retaliatory and vengeance-oriented. The second approach is utilitarian which maintains that punishment should increase the total amount of happiness in the world. This often involves punishment as a means of reforming the criminal, incapacitating him from repeating his crime, and deterring others. Beccaria clearly takes a utilitarian stance. For Beccaria, the purpose of punishment is to create a better society, not revenge. Punishment serves to deter others from committing crimes, and to prevent the criminal from repeating his crime.

The nature of Criminology

Criminology is an interdisciplinary study of the making of the law, breaking of the law, and enforcement of the law . Its subject matter covers all topics related to crime and criminal justice. This theory and research on the explanation and causes of crime and criminal delinquency, the rates, distribution, and changes in crime and delinquency in society; individual criminal and delinquent behavior; criminal victimization and fear of crime.

History of Criminology

Origin of Criminology is dating back roughly a hundred years when criminologists received their academic training in the social sciences, usually taking degrees in sociology.

Criminology gained its place in America academic earlier 20s when sociology was recognized as the home of academic criminology and it gained its knowledge and benefit from the knowledge and insights of the those with little or no academic training but plenty of experience with some aspects of the crime scene.

Now, Criminology is a detailed academic and established subject of the study, this does not means that criminologist agree definition of the field. Those authors of the criminology texts who offer a definition rarely offer the same one.
Don C. Gibbons and Peter Garadbedian discuss the competing value per specific that has shaped criminology over the years. They identify three major perspectives: conservative, liberal-cynical and radical sometime called critical.

Types of Criminology

Criminology has identified in number of classification.

Conservative Criminology

Conservative criminology gained ascendancy in America with early writing of parson , Gibbon and Parmelee, who were among the conservative criminologist such later contribution as harry Barnes and Negley teeters, whose text, New horizons in criminology , because a best-seller.

…Criminal law a given and is interpreted as the codification of the prevailing moral concepts and faith in ultimate the perfectibility of police ad criminal justice machinery.”

Liberal Cynical criminology

According to Gibbons and Garabedian , liberal Cynical criminology emerged along with the more the 1940s and 1950s because liberal cynical criminology has dominated the field over the past thirsty years, we might also call it mainstream criminology.

Liberal criminology

Liberal criminology retained the emphasis on offenders and their behavior and attempted to explain crimes in terms of either social structure or social process. Those are three major versions of liberal criminology. Another dimension of the liberal criminology is the liberal criminology which has taken deviance from the culture definition of the criminology.
Liberal criminology has become a ‘gatekeeper’ for state domains of control, the value assumptions of hierarchical authority, of centralized controls and a safety valve and temperature gauge in the limits on how far the state can go.

The liberal writings of the various sociologists, criminologists and psychologists are given much attention in criminology which is indicative of the continued fascination with power, control and the models of the mechanical world. Their thinking is that man is the centre of the universe, but that they are the centre of man. They prescribe what is good and acceptable and how the world and life processes should be managed.

Radical Criminology

The radical criminology rejects the liberal reformism that claims have helped to create probation and parole the juvenile court system. They emphasized on the reformatory schools and half way school.
More Modern Cynical liberal criminology shades into the newer brands of the liberal criminology but still crime and criminology as manifestation of the exploitation character of monopoly capitalism. Unless the present political-economic structure of America capitalist society in legal machinery will continue to undermine the interest of the people while consolidating those rule.

One of the first things to note and or understand is that “Marxism”, as a theoretical perspective, involves a number of different variants or “ways of seeing” the social world . In this respect, although we often tend to talk about Marxism as if there were only one kind just as we tend to talk about other sociological perspectives - such as Functionalism - as if it only involved one basic set of ideas), it is evident that Marxism, as a school of thought, has been interpreted in a number of different ways by various writers. Approach and methods the criminology for Study of Crimes are following.

The Biological Approach

The biological theories of criminal behavior says that it study of criminal in biological perspectives.

Psychogenic Approach

Psychologist investigators are pursing the psychogenic approach to the criminology behavior, in which the emphasis is based on linking criminal behavior to mental state, especially mental evidence disease; mental disorders, pathologies, and emotional problems and they repeatedly assert that crime is outcome of criminal mind. The root cause of the criminal behavior neither environmental nor biological than question seems to be unclear.

Multifactor Approach

A long-standing criticism of the earlier bioorganic and psychological approach to crime has much of the work entered around the search for single factor or single set of like factors that could be shown to account for all criminal behavior.

The multifactor approach in criminology grew out of the discrepancies and arguments attending the single-factor tradition of the earlier days and its adherent argument for the approach to crime that would reconcile the disparate orientation and contribute made by a variety of the factors. That underlying assumption was that different crimes are result of different combination of the factors.

Whose interests are represented by criminal law?

This is not normative system of study but represent the interest of various segment of the society like interest of majority or interest . Criminology represents the interest of groups in society and interests of either all members of the society; the representation of the interest of criminology entire depends upon the type of the system prevailing in the society.

Summary

After presenting a picture of crime and criminology deviance in its definition and scope from post modern era, complex and heterogeneous society as an ongoing struggle. Equilibrium is difficult, if not completely impossible to achieve. The behavior of any group, and perhaps most importantly, the crime meaning and significance defined in criminology is destined to provoke a negative reaction from another group. In particular, authority groups will continuously strive to maintain and expand there control over societal resources by defining the activity of “subject groups” as threatening therefore deviant and/or criminal, to the existing order implicit here is the idea that the existing order is the order, the only legitimate order.

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.

Author can be contacted by adil.waseem@lawyer.com.

WHAT ARE SOCIAL SECURITY DISABILITY BENEFITS?

Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers.

WHO QUALIFIES?

To receive benefits under the Social Security Disability program, you must have a physical or mental health problem (or a combination of problems) severe enough to keep you from working in any regular paying job for at least one year. The test isn’t whether or not you are able to go back to your old job, and the test isn’t whether or not you have been able to find a job lately. Rather, the test is whether you are capable of doing any job available in the national economy. By using an extensive set of regulations, the Social Security Administration takes into account your medical condition, your age, your abilities, your training and your work experience in deciding your case.

WHAT HAPPENS IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?

If you are found eligible for Social Security Disability benefits, you will get paid retroactive benefits beginning 5 full months after you become disabled, but only for a maximum of 12 months before you applied for benefits. (Please see below for additional information on duration and amount.)

HOW MUCH MONEY WILL I RECEIVE IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?

A disabled claimant will receive the same monthly benefit that he would receive had he retired at full retirement age (65 years old or more depending on age). The sum of money received will depend on one’s previous work record.

HOW LONG WILL I BE ABLE TO RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?

You will receive Social Security Disability benefits as long as you remain disabled and unable to work. Your benefits will not run out because you did not contribute enough into the Social Security system.

WHEN SHOULD I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

You should apply for Social Security Disability benefits as soon as possible after you become disabled and unable to work. You do not need to wait 12 months to apply, your disability need only be expected to last for at least one year or will result in death.

HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

You can fill out an application for Social Security Disability benefits at the local Social Security office nearest to your home or by telephone. The address and telephone number of your local Social Security office can be obtained by calling 1-800-772-1213. When applying you should be prepared to give Social Security a list with the names, addresses and phone numbers of all the doctors, hospitals or clinics who have treated you for your condition. You should also bring a list of where you have worked in the past 15 years.

You will also need to provide Social Security with an original or certified copy of your birth certificate, your last earnings documents (W-2, last pay stub, statement of your employer, etc.) and copies (keep the originals) of any medical records you may be able to obtain.

Please note, however, that you should not delay filing for benefits if all documents are not immediately available.

WHAT DO I DO IF I AM DENIED BENEFITS?

Appeal! Many disabled people become disheartened and frustrated after they receive a disability benefits denial notice and do not appeal. This is often a mistake. Nationally, about 75% of all applicants are denied intially and about 90% are denied at the first appeal stage–Reconsideration. But many of these people ultimately receive their benefits, nationally about 70%.

What may be most frustrating about applying for Social Security Disability benefits is the process itself. Those who apply are often made to feel like they are asking for something that they do not deserve, and nothing could be further from the truth. Social Security Disability is not a welfare program; these benefits are paid for by you and were intended to act as a financial buffer in case you or a family member became seriously ill or injured. Therefore if you are unable to work, but you have been denied benefits, you should appeal.

DO I NEED AN ATTORNEY?

You have the right to have an Attorney represent you in your Social Security Disability case. Statistics have shown that claimants represented by Attorneys have been much more successful than people without representation. You should seriously consider the advantages of having an Attorny represent you by examining what an Attorney would do in your Social Security Disability case.

WHAT WOULD MY ATTORNEY DO TO REPRESENT ME IN MY SOCIAL SECURITY DISABILITY CASE?

Every case is different. Your Attorney’s role depends on the particular facts of your case. However, a few of the things an Attorney may do are:

• Gather medical and other evidence
• Analyze your case under Social Security Regulations
• Contact your doctor and explain Social Security Regulations to obtain a report consistent with those regulations
• Obtain documents from your Social Security Disability file
• Ask that a prior application for benefits be reopened
• Advise you how to best prepare yourself to testify at your hearing
• Protect your right to a fair hearing by objecting to improper evidence and procedures
• If you win, make sure that the Social Security Administration correctly calculates your benefits
• If you lose, request review of the hearing decision by the Social Security Administration’s Appeals Council
• If necessary, represent you in a Federal Court review of your case

HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?

Most Attorneys who handle Social Security Disability cases will accept them on a contingent fee basis of 25% of past-due benefit or $5,300 whichever is less. That is, there is no fee if you lose, although you will be obligated to pay any out-of-pocket expenses incurred by the Attorny in your representation. Such expenses usually involve charges for photocopying and payments to doctors and hospitals for medical records and reports, and other miscellaneous charges. Total expenses usually are less than $100.

WHEN SHOULD I CONTACT AN ATTORNEY?

As soon as possible, preferably as soon as your inital application is denied. An Attorney will then be able to start assisting you in determining if you are disabled, as that term is defined by the Social Security Act. You will then be able to decide whether or not you want to pursue the first appeal stage–Reconsideration; and your Attorney can begin developing ways to prove to the Social Security Administration that you are disabled.

Attorneys in Social Security Disability cases do much more than sit in at a hearing and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into adequate representation for your case. For this reason you should not wait until a week or two before your hearing to contact an Attorney. The earlier an Attorney is able to start working on your case, the better your chances of winning.

Please note that not all Attorneys practice before the Social Security Administration. You will do best to find an Attorney familiar with the complex Social Security Disability regulations and the somewhat unusual Social Security Disability procedures.

Sheri R. Abrams, is an Attorney who practices Social Security Disability Law in Virginia, DC and Maryland. Ms. Abrams graduated from the George Washington University Law School and the Boston University School of Management. For more information please see Ms. Abrams’s web site at http://www.sheriabrams.com

sheri@sheriabrams.com

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don’t want someone “practicing” or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn’t necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.

You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.

Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.

In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don’t ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.

William F. Nimmo is a highly regarded San Diego criminal defense lawyer who
has successfully defended residents statewide for nearly three decades. He
has been a San Diego criminal trial lawyer of the year and has been awarded
the Directors’ Award for Excellence by the San Diego Criminal Defense Bar
Association. See http://www.nimmolawgroup.com/ for more information.

I am a solo practitioner lawyer who assists some clients who desire to represent themselves pro se (without a lawyer). I was contacted by a 30-year old American citizen living in London who had some questions about settling his father’s accounts and probating his estate. Eventually, this party arranged for one of his father’s debtors to send me $3,000, which I was to forward to him via Western Union wire transfer.

Instead of cash arriving, on August 1, 2005, I received an envelope containing three U.S. postal money orders each for $1,000. The closest Western Union transfer office where I live is located at Kroger’s grocery store. I presented the money orders to Kroger’s as payment for funds to be sent by wire. Kroger could only accept payment in cash for Western Union.

Suntrust Bank operates a branch within Kroger’s grocery store, and I happened to maintain a checking account with Suntrust. I then walked to the Suntrust bank and explained the Western Union wire transaction to the teller. I explained that I wanted to send money to a person in London (overseas), but Kroger, on behalf of Western Union, would not accept money orders as payment. I expressed my understanding that money orders were like cashier’s checks: a party could not place a “stop payment” order on a money order, and a money order guaranteed by the U.S. Postal Service would not be returned for “insufficient funds.” The teller at Suntrust’s branch agreed with me: postal money orders are “as good as cash.”

I indicated that I wanted to cash these money orders instantly and not deposit them into my account. In fact, I reiterated that the money orders were not to be deposited or tied in anyway to my account. In all my years of law practice, I have never accepted or held any funds in trust for the benefit of a client, and I did not want to hold the funds from the money order, which an attorney is required to deposit into a trust account.

Given these explicit instructions from me, the teller at Suntrust Bank told me to endorse each money order with my signature followed by “Not For Intended Purpose.” Under Tenn. Code Ann. § 47-3-415(b), if an endorser writes “without recourse” on a negotiable instrument, such as a money order, then the endorser disclaims all liability for his endorsement is not liable for payment on the instrument. The teller negligently informed me to endorse the money orders as “Not For Intended Purpose,” when in fact as per my instructions, I should have endorsed them as “without recourse.” If Suntrust’s teller had informed me of the correct restriction to place on the endorsement, then arguably Suntrust would not have been legally able to debit my personal checking account for $3,000 + $19.50 for a returned check fee.

At present, I have suffered the loss of $3,019.50 from my checking account, and Suntrust is disclaiming any liability towards I for its negligent conduct. In fact, I will argue in court that Suntrust owed me a duty of ordinary care to make the most minimal inspection of the money orders to prevent a transaction with fraudulent or counterfeit notes. Suntrust failed to make any inspection of the money orders and negligently accepted the money orders as bonafide without even holding them up to the light.

Tenn. Code Ann. § 45-2-403(b) requires the Suntrust to maintain “suitable insurance protection to the bank against burglary, robbery, theft, liability and other similar insurable hazards to which the bank may be exposed in the operations of its business on the premises or elsewhere.” Any reasonable person would expect the bank’s insurance to cover losses from fraudulent endorsements, forgeries, and counterfeit notes. Instead of filing a claim with its insurance company, Suntrust is trying to keep its insurance premiums low by filing no claims and instead forcing innocent victims, such as me, to suffer the losses of counterfeit notes that they did not even deposit into their accounts. In Martin v. State, 272 Ark. 376, 614 S.W.2d 512 (Ark. 1981) and Gardner v. Commonwealth, 262 Va. 18, 26-27 (Va. 2001), the courts ordered banks to refund to depositors money that the banks had deducted from their accounts because negotiable instruments turned out to be counterfeit. Therefore, under the right circumstances, banks can be held liable for their actions in approving counterfeit notes.

According to the website of the U.S. Postal Service, http://www.usps.com/postal inspectors/mofeatur.htm, fraudulent scams involving counterfeit postal money orders are running rampant. Members of the general public would not know to seek out and view this web page showing how to detect a counterfeit postal money order, but banks were so advised. According to that same USPS website “The Federal Deposit Insurance Corporation issued a special alert last month [March 2005], notifying bank executives of the problem.” Suntrust is insured by the FDIC, and Suntrust received this special alert and apparently took no tangible response.

I would be interested in hearing from readers and attorneys who know of any circumstances in which banks have been held liable for approving a counterfeit postal money order and then weeks later coming back and deducting the entire amount from some poor customer’s account.

Dr. Michael A. S. Guth
mike @ riskmgmt.biz

Dr. Michael A. S. Guth, Ph.D., J.D., is an attorney at law based in Oak Ridge, Tennessee. His practice focuses on enabling people to represent themselves pro se without a lawyer (and thereby save on legal fees), as well as full representation for appellate practice. One area his work has particularly emphasized is child support defense and elimination of the unconstitutional debtor prisons that now saturate our court jurisdictions across the nation. For more information, see URL http://riskmgmt.biz/prose.htm and http://riskmgmt.biz/samplepleadings.htm

While dogs may be our best friends, some dogs can become aggressive and bite someone. A dog bite falls under the law in the personal injury category. Each state has various laws regarding the liability of the dog’s owner. Following are things you should do if you are bitten by a dog.

Dogs that bite can do it for a number of reasons. Perhaps the dog has always had an aggressive nature and perceives you as an unwanted stranger. Historically, there are certain breeds that have been known to harbor aggression. The Pit Bull breed is a common example.

The dog’s breed is only one factor and doesn’t always mean the dog will be aggressive and prone to biting. You might encounter a dog that has been healthy in the past and free from offensive behavior. However, now the dog has suffered from a health illness such as rabies. Rabies can cause dogs to become disoriented and lash out by biting people. A classic sign of rabies is drooling and foaming of the mouth.

If you are bitten it is imperative that you have your bite checked out at the hospital as soon as possible. Dogs can be a host to several bacterial and viral infections that you can contract such as ring worm. Make sure however, that you remember the type of breed to help a doctor assess the extent of the wound. Write down the contact information of the dog’s owner should you need to file a lawsuit.

Dog bite lawsuits arise when the dog bite is serious enough to cause injury, mental aggravation, and hospital bills. It was beneficial that you wrote down the dog breed and the dog owner’s contact information because you will need it when filing a dog bite lawsuit. Should you choose to file a dog bite lawsuit, you will need to contact an attorney to understand your rights and requirements for filing.

An attorney will explain the specific dog bite lawsuit laws in your state. It is good to know that the majority of states hold the dog’s owner liable for any dog bites. It will also need to be determined if the owner had prior knowledge of the dog’s aggression. This is termed “dangerous propensities”. Did the owner know in advance that their dog was of a certain breed that is prone to biting? Did they provide the required safeguards to control this unwanted behavior in their dog?

Additionally, some states have enacted legislation that involves “strict liability”. The owner is liable for their dog’s actions whether they knew the dog was dangerous or not. Anytime their dog bites someone they are held liable no matter the situation or circumstances.

On the flip side of the coin is to view this from the dog owner’s perspective. Let’s say the dog owner had prior knowledge that their dog may be dangerous or may bite someone. The owner then took protective measures to keep his dog in a secure area. He also had placed “Beware of Dog” signs on his property and has warned others not to approach his dog as the dog may attack. The owner had done all this, but someone didn’t listen or even provoked the dog on purpose.

If the owner has provided these safety precautions they are sometimes not liable due to “contributory negligence”. “Contributory negligence” means that the person who was bitten understood the dangerousness of the animal, but proceeded to place themselves in the dog’s environment anyway. This type of dog bite lawsuit often ends in favor of the dog owner.

If you do file a dog bite lawsuit you can sue for compensation regarding medical costs you will incur due to the dog bite, pain and suffering, property damage, and affected wages. A vicious dog bite can leave you unable to work for some time and you need a way to recoup your losses.

You can also be awarded punitive damages in some cases. Whether or not you are awarded punitive damages depends on the behavior of the dog’s owner. Did the owner intentionally provoke their dog and put you in the line of fire? If so, the dog owner’s behavior will be punished by granting you an additional punitive damages settlement.

If you suffer from a dog bite you can rest a little easier knowing that many health insurance plans cover costs associated with dog bites. Hopefully, you won’t ever have to deal with a dog bite and dog bite lawsuit. Understand though that if you are bitten by a dog you do have legal claims. The extent and nature of the legal claims vary from state to state, but the basic guidelines have been discussed in this article. Consult an attorney that has worked on dog bite lawsuits in the past to figure out the best course of action.

Visit the Dog Bite Lawsuits website to research dog breeds & get free tips on dog training, dog books, dog products & how to find dog sitters & dog walkers.