Thursday 25 March 2010

Secret of the Legal Administration:

"He who has the power to take part in the deliberative or judical administration of any state is said by us to be a citizen of that state. "

"Attempt means an act which if not prevented would have resulted in full consummation of act attempted."

"An Act is not criminal unless the mind is guilty"

"Justice delayed is justice denied."

"To no man will we deny to no man will we sell, or delay justice or right"

"Prevention is better than cure"

"Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it."

"Nothing is an offence which is done by child of 7 years of age from and under 12, who has not attainted sufficient maturity of understanding to judge nature and consequence of his acts."

"Every person has a right to defend the property whether movable or immovable of himself or of any other person, against any act which is an offence or attempt falling under the definition of theft, robbery, mischief or criminal trespass."

"Law does not take account of trifles."

"Whoever, by words either spoken or intended to be read or by signs or by visible represantation, makes or publishes any imputation concerning any person intending to harm, the reputation of such person, is said to defame that person."

"Whoever threatens another with any injury to his person reputation or property or to the person or reputation of any one whom that person is interested with intent to cause alarm to that person or to cause that person to do any act which he is not legally bound to do or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threats, commits criminal intimidation."

Saturday 13 March 2010

Criminalistic Characteristics of Murder

Murder is the the act of unlawfully killing one human being by another.
Typically, criminal proceedings for murder are instituted in the following cases:
> of discovering a dead body with signs of violent death;
> of discovering parts of a dismembered body;
> of a person disappearing under circumstances suggesting a possible murder.
To give a criminalistic description of the crime and select methods of inquiry, it is essential to know whether it was an "open" or a "secret" murder.
An "open" murder is committed either in the presence of other persons by a person known to them, or in their absence but without any attempt on the part of the murderer to conceal the fact or his guilt. Qualified as "open" murders are also cases when the offender is apprehended on the scene of the crime as a result of got pursuit, or when he voluntarily gives himself up.
A "secret" murder is committed in the absence of other persons, the offender is doing everything possible to conceal his involvement in the committed with other persons being present but not being able to see the offender well enough and the offender being able to escape.
In the first case, the investigator concentrates on verifying the testimony of the accused and witness and its correspondence to reality, on finding out the motives and other circumstances of the crime. In the second case, the main objective of the inquiry is to trace the criminal.
An important part of a criminalistic definition of murder is information concering the manner of committing and concealing a crime.
The mode of perpetration may be surmised from the number of participants, the physical strength of the offender and the victim, and the offender's having or not having a weapon to commit a crime.
The mode of concealing a crime depends on the scene of murder (the offender's or the victim's domicile, neutral territory), the offender's distinctive characteristics (physical strength, certain occupational skills, age, sex, and other data) , the presence or absence of witnesses.
One of the factors determining the offender's choice of mode of committing and especially concealing a murder is the existence ( or absence) of personal relationship between him and the victim. A murderer unknown to the victim (if the crime is not committed in the home of the latter) normally tries to conceal only his involvement in the murder and does not take any steps to conceal the fact itself. To conceal his involvement, he tries to destroy all traces on his clothes, body and on the scene of the crime, after which he tries to escape. Occasionally, an offender employs surface camouflage to prolong the search for the body (dragging the body off the road, using branches, grass or snow to hide the body, etc. ).
If there has been some relationship between the offender and the victim, and he latter's death may cast suspicion of murder upon the offender, he will often select a mode of killing that would make it appear to be death from other causes (like drowning, poisoning, suffocation, hanging, falling from a height and the like). If an offender believes that there are sufficient grounds to suspect him of murder, he takes steps to conceal the crime by destroying or hiding the body or trying to prevent the identification of the victim. Sometimes he only tries to conceal the real cause of death--- he "stages" a murder by other people, homicide by misadvanture or in self-defence, etc.
Concealment of traces of a crime is, as a rule, concomitant with consciously incorrect explanations of the incident, with inducement and coercion of witnesses into misprision or perjury.
Murder is household tools, chance objects that happen to be at hand (like a stick, stone or bottle), firearms, or poison. A premeditated murder is sometimes committed with a specially prepared "non-standard" weapon or means. Its choice is primarily determined by the motives of the crime, the time when the criminal intent originated, and the scene of murder.
The scene of murder is in most cases that of an offender's or his victim's domicile (a flat, store-room, outbuildings or the like). Its establishment makes it possible to find traces elucidating the ways and means in which the crime was found on the dead body, on its clothing and on the details of the scene. They include: first, marks of the offender's hands, feet or other parts of the body, parts of his clothing, criminal weapons and other articles; second hair, particles of skin, blood, saliva, other secretions, details of the offender's clothes, and miscellaneous objects; third traces of his actions (inflicted injuries, damage to the victim's clothes, changes in the scene); fourth signs of struggle.
An indispensable element of a criminalistic description of murder is information about the time of its commission. The time is established within the limits of twenty-four hours or less, and sometimes within minutes. The establishment of the exact time may be required when an accused pleads an alibi and in some other cases.
An essential element of a criminalistic description of wilful murder is data showing the motives of the perpetrated crime. Rather often murders are committed from mercenary motives and hooliganism. Jealousy, revenge, the desire to get rid of a relative who has become an encumbrance, and other similar motives are characteristic of an offender personally related to the victim. Motives of murder are sometimes connected with a victim's official and social activity which affected the offender's interests.Wilful murders are also committed to conceal another crime or to remove obstacles to its perpetration. Wilful murder may be committed with malice aforethough of instantaneous. This manifests itself in different circumstances of the commision and concealment of crime (criminal tools used, degree of gravity and distribution of bodily injuries, time and scene of crime, etc.).

Thursday 11 March 2010

Criminalistic Characteristics of Rape

Rape is sexual intercourse using force, threats or taking advantage of the victim's helpless situation. Rape is one of the most cynical of crimes which violates an individual's health, freedom and dignity. In certain cases, rape entails serious consequences which make the crime similar in its gravity to the most serious socially dangerous acts.
In determining the criminalistic characteristics of this crime, it is important to distinguish the following typical situations where rape most often occurs: first the rapist, while at a party, wedding reception, etc., takes advantage of the victim's trust and often of an infargated condition in order to lure her to a secluded spot with the intent to rape; second the rapist meets the victim in a public place (in a restaurant, on the beach, etc.) and, through deceit, lures her to a solitarny place where the rape is committed; third the rapist, while behind the wheel of a vehicle (car, motorboat) meets the victim and offers to either give her a ride or to take her to a given destination. Along the way, against her will, the rapist takes her to a secluded spot with the intent to rape her; fourth the rapist meets the victim by chance in a secluded area (forest, park) and suddenly attacks her; fifth the rapist tracks the victim beforehand and, secretly following her to a solitary place, suddenly attack her; sixth the rapist either meets a minor by chance or intentionally follows her (this often takes place in courtyards, near day-care centres and school buildings) and, through deceit, lures her into a secluded area and rapes her.
Incidents of group rape which are committed by more than one individual in situations similar to the aforementioned constitute a special group.
The most common and widespread method used by criminals to prepare the victim, commit the rape, and conceal the traces, are as follows: fist putting the victim into a helpless position through the use of alcohol, or use narcotics, or by inducing an unconscious state through the use of brute physical force (choking, beating, etc.); second overcoming the victim's resistance by using psychological pressure (threatening with a weapon, blackmail or by taking advantage of the victim's subordinate professional position or dependent situation). A confirmed rapist often prepares himself well in advance to committing the rape: he chooses the scene of the rape, prepares the means of rendering the victim helpless and tracks the victim of the intended rape. These actions are also characteristic of those individuals suffering from some forms of mental illness.
The following is a list of means typically used to conceal a rape: first destroying traces of the crime such as stains from semen or blood or traces which might indicate the criminal's presence at a given location at a given time; second committing rape in such a way so that it is difficult for the victim to identify the attacker (rendering the victim unconscious before the rape or using a mask to hide the attacker's face).
Traces and other alterations in the physical environment which inevitably occurs as the result of a rape have an important significance in criminal investigation. In any sort of residence such traces may be feminie personal effects scattered about, a rumpled bed, overturned furniture, etc.; on bedding and clothing, traces of semen and bloodstains may be found; on dishes and other such domestic articles fingerprints, as well as footprints on the floors may be found. In open areas it is characteristic to find the soil has been trampled or dug up, and plants and bushes have been crushed or broken. Foot- and handprints may be founded on the ground as well as various personal effects left by either the attacker or the victim.
The consequences of rape, as has been proven in investigatory practice and ludical proceedings may be extremely grave (either the death of the victim as a direct result of the action of the rape, or her suicide following the crime). Rape may also cause certain psychological disorders in the victim and may lead to physical injury or infection with venereal disease. In those cases where the victim was of prepubescent age, rape may cause loss of virginity and may lead to pregnancy and the need for abortion.
Those who commit rape often abuse alcohol and are extremely cruel and egocentric individuals.
There are also cases of rape committed by individuals who suffer from certain forms of mental illness. For some of these people, an increased sex drive is characteristic.
The motive for most rapes is the desire of the rapist to satisfy his sexual passion. All the same, there are instance of different motivation. For example, one such motive is the desire of a deceived lover or a spurned with instances of rape (espeically group rape) committed by minors who wish to prove that they are "real men" and already adults.
A character profile of the victim is important in establishing those character traits which might invite rape. Most important among these are an excessive trustfulness, a marked imprudence or carelessness, and in certain cases, the frivolous or even amoral behaviour of some victim who, under certain circumstances, had every opportunity not to fall into a situation which could lead to rape (not be tempted to use alcohol, etc.).

Wednesday 10 March 2010

Aspects of Rape Investigation

Rape can turn into homicide. If it does not, the victim's life, while not over, is devasted. Catching scripts should be a top priority for law enforcement officers. Specialist wrote about how to evaluate rape investigations. He advice is reprinted here with minor revisions:

What percent of your city's rape reports are deemed unfounded? CBI statistics say the national average is 9 percent; a significantly higher number is cause for alarm. For instance, Bihar police showed a 24 percent unfounded rate until an expose by Bihar online Asian line reporter Bharty feudaled that detectives wrote off the complaints of victims who were drugs abusers, prostitues and others whom police felt had inappropriate lifestyles. Victims were not even given the courtesy of an initial interview. These women were the very group most vulnerable to sexual violence. Are the overworked sex crimes detectives in your city doing likewise?
As a sex crimes soar, so has the number of therapists. There are now more than 1,100 therapists specializing in working with sex offenders, says the head of the Association of the Behavioral Treatment of Sex Abuse, an organization of therapists based in Patna. He says only 20 percent are qualified. Most therapists are not required by state law to have any sort of academic degree or accredition. Which raises the question- are your local courts sending sex offenders to qualified therapists? How are court referrals handled? Who gets the work? What are the ties to the referring judges?
See if a correlation exists between the time victims take to report rapes and the subsequent rates of indictment. Among some law enforcers, a persistent stereotype exits of the distraught, emotional victim being the "good victim." Often law enforcers don't take seriously a three-day-old complaint of a somewhat emotionless victims, even though this is quite normal.
Eliminating treatment of sex offenders is a trend today; it is a good move if you want more rape victims. Look for a correlation.
When faced with serial rapists, are police working together in a task force to apprehend a criminal crossing districts, precincts and city lines? Or are they playing politics, hoarding information, impeding the investigation?
Have the detectives been trained, especially in victim interviewing methods? What are the staff turnover rates in the unit, its caseload and clearance rates? How do they compare to those of other cities' sex crime units?
When detectives are stumped by a serial rapist, have they checked the neighborhood police blotter for reports of suspicious persons, trespassers, peeping toms, nearby break-ins---all characteristics of stranger rapists? Voyeurism very often is the gateway crime for rapists. Check the blotter or file investigation cards yourself to see what turns up. With an in house arrest database obtained from police, as exists in the Asian lines newsroom and many others, journalists can do some of the checking themselves.

Tuesday 9 March 2010

Raman's Tips

Investigating Law Enforcement

There tips are on tracking excessive force for the bulletin. I suggest keeping an especially close watch on the midnight to 8A.M. Shift, where problem officers are often assigned. Though they are the officers most in need of supervision, that is exactly what they fail to get, because the most talented administrators are home sleeping. The cover of darkness is an added temptation. Furthermore, a city is relatively quiet on the midnight shift, allowing officers from all over to converge on a trouble call; as they congregate, they may play off each others' fears and aggressiveness, creating what is in effact a police mob.
I warns journalist to be skeptical, but not dismissive, of excessive force complaints registered by career criminals, who are eager to deflect charges against them by accusing those who made the arrest. Another warning sign is an alleged victim who contacts lawyers and journalists before filing a complaint with the police department's internal affairs division. For such questionable victims, i suggest asking if they will submit to a lie detector test or examination by a neutral physician.
Use of forces does not always mean brutality, i alway say that "Good cops doing their jobs and stepping on toes will generate complaints; many lousy cops putting in time until the pension never do a thing and have clean records." The proficient officers who use force to subdue suspects manage to keep from crossing the line, Over all my main line is "the difference between the force necessary to subdue and force that maims, breaks bones and sometimes kills is easily discernible."

Corruption in the Courts

A Judicial Reportor notes that "police have historically viewed their responsibilities as ending when they have made an arrest. Recent research suggests, however, that what police do both before and after an arrest has substantials impact on the likelihood of the arrest resulting in a conviction."
That is an important point; journalists on the crime beat should follow police work through prosecution and sentencing. But by then police are not the only parties determining the outcome of an arrest. Others who can make or break a case include prosecutors, public defenders, privatepractice defence attorneys, judges, law clerks, bail bondspeople, witnesses, jurors, victims and jailers.
Good journalist visit courthouses often to talk to participants, view criminal and civil case filings and observe trials in progress. Those journalists know they will usually find valuable, unduplicable information.
Given the politics imbedded in the judicial system, journalists should expect imperfections. That does not mean journalists should expect to prove judges, prosecutors, clerks and other judicial employees are taking payoffs. It is valuable enough to tell readers and viewers what their official are doing. Reporters can use paper and people trails to question judicial conduct, whether money changed hands or not.

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