22 CFR 40.25 - Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. [Reserved] 40.25 Section 40.25 Foreign Relations... Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

22 CFR 40.25 - Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. [Reserved] 40.25 Section 40.25 Foreign Relations... Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

22 CFR 40.25 - Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. [Reserved] 40.25 Section 40.25 Foreign Relations... Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

22 CFR 40.25 - Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. [Reserved] 40.25 Section 40.25 Foreign Relations... Certain aliens involved in serious criminal activity who have asserted immunity from prosecution...

50 CFR 82.8 - Prosecution of work.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 50 Wildlife and Fisheries 8 2011-10-01 2011-10-01 false Prosecution of work. 82.8 Section 82.8... (MARINE MAMMAL PROTECTION ACT OF 1972) Administration § 82.8 Prosecution of work. (a) The grantee shall... by the Secretary that satisfactory progress has not been maintained. (b) All work shall be performed...

36 CFR 262.1 - Rewards in connection with fire or property prosecutions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... fire or property prosecutions. 262.1 Section 262.1 Parks, Forests, and Public Property FOREST SERVICE... connection with fire or property prosecutions. (a) Hereafter, provided Congress shall make the necessary... of willfully or maliciously setting on fire, or causing to be set on fire, any timber, underbrush, or...

36 CFR 262.1 - Rewards in connection with fire or property prosecutions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... fire or property prosecutions. 262.1 Section 262.1 Parks, Forests, and Public Property FOREST SERVICE... connection with fire or property prosecutions. (a) Hereafter, provided Congress shall make the necessary... of willfully or maliciously setting on fire, or causing to be set on fire, any timber, underbrush, or...

36 CFR 262.1 - Rewards in connection with fire or property prosecutions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... fire or property prosecutions. 262.1 Section 262.1 Parks, Forests, and Public Property FOREST SERVICE... connection with fire or property prosecutions. (a) Hereafter, provided Congress shall make the necessary... of willfully or maliciously setting on fire, or causing to be set on fire, any timber, underbrush, or...

36 CFR 262.1 - Rewards in connection with fire or property prosecutions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... fire or property prosecutions. 262.1 Section 262.1 Parks, Forests, and Public Property FOREST SERVICE... connection with fire or property prosecutions. (a) Hereafter, provided Congress shall make the necessary... of willfully or maliciously setting on fire, or causing to be set on fire, any timber, underbrush, or...

22 CFR 221.31 - Prosecution of claims.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Prosecution of claims. 221.31 Section 221.31 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS Covenants § 221.31 Prosecution of claims. After payment by A.I.D. to an Applicant pursuant to § 221.21, A.I...

22 CFR 221.31 - Prosecution of claims.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Prosecution of claims. 221.31 Section 221.31 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS Covenants § 221.31 Prosecution of claims. After payment by A.I.D. to an Applicant pursuant to § 221.21, A.I...

22 CFR 221.31 - Prosecution of claims.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Prosecution of claims. 221.31 Section 221.31 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS Covenants § 221.31 Prosecution of claims. After payment by A.I.D. to an Applicant pursuant to § 221.21, A.I...

22 CFR 221.31 - Prosecution of claims.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Prosecution of claims. 221.31 Section 221.31 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS Covenants § 221.31 Prosecution of claims. After payment by A.I.D. to an Applicant pursuant to § 221.21, A.I...

22 CFR 221.31 - Prosecution of claims.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Prosecution of claims. 221.31 Section 221.31 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS Covenants § 221.31 Prosecution of claims. After payment by A.I.D. to an Applicant pursuant to § 221.21, A.I...

Adolescent sexual assault victims and the legal system: building community relationships to improve prosecution rates.

PubMed

Campbell, Rebecca; Greeson, Megan R; Bybee, Deborah; Fehler-Cabral, Giannina

2012-09-01

Adolescents are at high risk for sexual assault, but few of these crimes are reported to the police and prosecuted by the criminal justice system. To address this problem, communities throughout the United States have implemented multidisciplinary interventions to improve post-assault care for victims and increase prosecution rates. The two most commonly implemented interventions are Sexual Assault Nurse Examiner (SANE) Programs and Sexual Assault Response Teams (SARTs). The purpose of this study was to determine whether community-level context (i.e., stakeholder engagement and collaboration) was predictive of adolescent legal case outcomes, after accounting for "standard" factors that affect prosecution success (i.e., victim, assault, and evidence characteristics). Overall, 40% of the adolescent cases from these two SANE-SART programs (over a 10-year period) were successfully prosecuted. Cases were more likely to be prosecuted for younger victims, those with disabilities, those who knew their offenders, and instances in which the rape evidence collection kit was submitted by police for analysis. After accounting for these influences, multi-level modeling results revealed that in one site decreased allocation of community resources to adolescent sexual assault cases had a significant negative effect on prosecution case outcomes. Results are explained in terms of Wolff's (Am J Community Psychol 29:173-191, 2001) concept of "over-coalitioned" communities and Kelly's (1968) ecological principles.

37 CFR 1.958 - Petition to revive inter partes reexamination prosecution terminated for lack of patent owner...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Petition to revive inter..., Terminating of Reexamination Prosecution, and Petitions to Revive in Inter Partes Reexamination § 1.958 Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response. (a...

50 CFR 401.6 - Prosecution of work.

Code of Federal Regulations, 2010 CFR

2010-10-01

... maintained. The Secretary shall have the right to inspect and review work at any time. (b) Research and... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Prosecution of work. 401.6 Section 401.6..., DEVELOPMENT AND ENHANCEMENT § 401.6 Prosecution of work. (a) Project work shall be carried through to a state...

New England's Other Witch-hunt: The Hartford Witch-hunt of the 1660s and Changing Patterns in Witchcraft Prosecution.

ERIC Educational Resources Information Center

Woodward, Walter W.

2003-01-01

Classifies witchcraft prosecution into three periods in New England during the seventeenth century. Focuses on the witch-hunt in Hartford, Connecticut, the trial of Katherine Harrison, and the period of skepticism toward witchcraft prosecution. Addresses the role of Governor John Winthrop, Jr. in this skepticism and the legal procedures in…

Holding Abusers Accountable: An Elder Abuse Forensic Center Increases Criminal Prosecution of Financial Exploitation

ERIC Educational Resources Information Center

Navarro, Adria E.; Gassoumis, Zachary D.; Wilber, Kathleen H.

2013-01-01

Purpose: Despite growing awareness of elder abuse, cases are rarely prosecuted. The aim of this study was to examine the effectiveness of an elder abuse forensic center compared with usual care to increase prosecution of elder financial abuse. Design and Methods: Using one-to-one propensity score matching, cases referred to the Los Angeles County…

Memory for Abuse: What Can We Learn from a Prosecution Sample?

ERIC Educational Resources Information Center

Freyd, Jennifer J.

2003-01-01

In March 2003, "Psychological Science" published an article by Goodman and colleagues examining memory for prior childhood abuse in a sample of adolescents and young adults who as children had been the victims of childhood abuse that led to criminal prosecution. At the time of the prosecution cases, the children in this study had been part of a…

How do abused elderly persons and their adult protective services caseworkers view law enforcement involvement and criminal prosecution, and what impact do these views have on case processing?

PubMed

Jackson, Shelly L; Hafemeister, Thomas L

2013-01-01

This study examined law enforcement and prosecution involvement in 71 cases of elder abuse where pure financial exploitation (PFE), physical abuse (PA), neglect (Neglect), or hybrid financial exploitation (HFE) (financial exploitation co-occurring with physical abuse and/or neglect) occurred in a domestic setting. Victims of elder abuse and assigned Adult Protective Services (APS) caseworkers were systematically interviewed. Law enforcement officials were involved in 54% of the cases, and 18% of the cases were prosecuted. PA was significantly more likely to trigger a law enforcement response and to be prosecuted than Neglect or PFE. HFE involved prosecution for assault rather than financial exploitation. Generally, the victims of elder abuse were not receptive to criminal justice involvement, which appears to have a significant impact upon the level of this involvement. The reasons for this reluctance are discussed, as well as the challenges and limitations of criminal justice system involvement and related implications for policy and practice.

Unique Problems in Prosecuting Child Abuse Cases Overseas

DTIC Science & Technology

1991-04-01

This thesis examines the unique problems present in prosecuting military family child abuse cases in the Republic of Korea (ROK). Research has shown...that military families overseas tend to have higher levels of stress, hence they tend to be more prone to violence. Child abuse statistics bear this...out. The thesis postulates that the reason why the identification, treatment, and prosecution of child abuse is more difficult in the ROK is partially

Prosecution of non-disclosure of HIV status: Potential impact on HIV testing and transmission among HIV-negative men who have sex with men.

PubMed

Kesler, Maya A; Kaul, Rupert; Loutfy, Mona; Myers, Ted; Brunetta, Jason; Remis, Robert S; Gesink, Dionne

2018-01-01

Non-disclosure criminal prosecutions among gay, bisexual and other men who have sex with men (MSM) are increasing, even though transmission risk is low when effective antiretroviral treatment (ART) is used. Reduced HIV testing may reduce the impact of HIV "test and treat" strategies. We aimed to quantify the potential impact of non-disclosure prosecutions on HIV testing and transmission among MSM. MSM attending an HIV and primary care clinic in Toronto completed an audio computer-assisted self-interview questionnaire. HIV-negative participants were asked concern over non-disclosure prosecution altered their likelihood of HIV testing. Responses were characterized using cross-tabulations and bivariate logistic regressions. Flow charts modelled how changes in HIV testing behaviour impacted HIV transmission rates controlling for ART use, condom use and HIV status disclosure. 150 HIV-negative MSM were recruited September 2010 to June 2012. 7% (9/124) were less or much less likely to be tested for HIV due to concern over future prosecution. Bivariate regression showed no obvious socio/sexual demographic characteristics associated with decreased willingness of HIV testing to due concern about prosecution. Subsequent models estimated that this 7% reduction in testing could cause an 18.5% increase in community HIV transmission, 73% of which was driven by the failure of HIV-positive but undiagnosed MSM to access care and reduce HIV transmission risk by using ART. Fear of prosecution over HIV non-disclosure was reported to reduce HIV testing willingness by a minority of HIV-negative MSM in Toronto; however, this reduction has the potential to significantly increase HIV transmission at the community level which has important public health implications.

Prosecution of non-disclosure of HIV status: Potential impact on HIV testing and transmission among HIV-negative men who have sex with men

PubMed Central

Kaul, Rupert; Loutfy, Mona; Myers, Ted; Brunetta, Jason; Gesink, Dionne

2018-01-01

Background Non-disclosure criminal prosecutions among gay, bisexual and other men who have sex with men (MSM) are increasing, even though transmission risk is low when effective antiretroviral treatment (ART) is used. Reduced HIV testing may reduce the impact of HIV “test and treat” strategies. We aimed to quantify the potential impact of non-disclosure prosecutions on HIV testing and transmission among MSM. Methods MSM attending an HIV and primary care clinic in Toronto completed an audio computer-assisted self-interview questionnaire. HIV-negative participants were asked concern over non-disclosure prosecution altered their likelihood of HIV testing. Responses were characterized using cross-tabulations and bivariate logistic regressions. Flow charts modelled how changes in HIV testing behaviour impacted HIV transmission rates controlling for ART use, condom use and HIV status disclosure. Results 150 HIV-negative MSM were recruited September 2010 to June 2012. 7% (9/124) were less or much less likely to be tested for HIV due to concern over future prosecution. Bivariate regression showed no obvious socio/sexual demographic characteristics associated with decreased willingness of HIV testing to due concern about prosecution. Subsequent models estimated that this 7% reduction in testing could cause an 18.5% increase in community HIV transmission, 73% of which was driven by the failure of HIV-positive but undiagnosed MSM to access care and reduce HIV transmission risk by using ART. Conclusions Fear of prosecution over HIV non-disclosure was reported to reduce HIV testing willingness by a minority of HIV-negative MSM in Toronto; however, this reduction has the potential to significantly increase HIV transmission at the community level which has important public health implications. PMID:29489890

Nondisclosure prosecutions and population health outcomes: examining HIV testing, HIV diagnoses, and the attitudes of men who have sex with men following nondisclosure prosecution media releases in Ottawa, Canada.

PubMed

O'Byrne, Patrick; Willmore, Jacqueline; Bryan, Alyssa; Friedman, Dara S; Hendriks, Andrew; Horvath, Cynthia; Massenat, Dominique; Bouchard, Christiane; Remis, Robert S; Etches, Vera

2013-02-01

During the past decade, the intersection of HIV and criminal law has become increasingly discussed. The majority of studies to date have approached this topic from a sociological or legal perspective. As a result, the potential effect of nondisclosure prosecutions on population health and HIV prevention work remains mostly unknown. A descriptive quantitative-qualitative study was undertaken to examine HIV testing, HIV diagnoses, and the attitudes of men who have sex with men following regional media releases about a local nondisclosure prosecution. As part of this study, first, we reviewed the trends in HIV testing and HIV diagnoses from 2008 through 2011 in Ottawa, Canada. Second, we explored the attitudes and beliefs of local MSM about HIV, HIV prevention, HIV serostatus disclosure, nondisclosure prosecutions, and public health. Quantitatively, the findings of this study revealed that, in comparison to the period preceding the media releases about a local nondisclosure prosecution, HIV testing and HIV diagnoses among men who have sex with men did not significantly change after the media releases of interest. Qualitatively, a subgroup of 27 men who have sex with men (12 HIV-positive, 15 HIV-negative) noted their beliefs that the local public health department openly shares information about people living with HIV with the police. Moreover, some HIV-positive participants stated that this perceived association between the local public health department and police services caused them to not access public health department services, notwithstanding their desires to seek assistance in maintaining safer sexual practices. Nondisclosure prosecutions likely undermine HIV prevention efforts.

[Basic policy towards patient's violation of drug control law].

PubMed

Hirai, Shinji

2003-12-01

All medical workers have a duty to protect a patient's privacy by law. Civil servants have a duty to prosecute anyone if a crime has been committed and others have the right to prosecute. When medical workers find their patient using illegal drugs, they are in a situation where any possible action they take is either a breach of one of the duties or an abandonment of the right to prosecute. Any worker in this situation should choose to do what will greater benefit society. Medical workers should avoid prosecuting a patient for illegal drug use, so that drug users can seek help. At the same time medical workers should try to put the patient in a situation where the patient's drug use in the future can be treated by the criminal justice system.

Optimizing Search Patterns for Multiple Searchers Prosecuting a Single Contact In the South China Sea

DTIC Science & Technology

2016-09-01

searching for lost car keys in a parking lot to prosecuting a submarine in the South China Sea. This research draws on oceanographic properties to...search area based on the oceanographic properties at 21N 119E. 14. SUBJECT TERMS Search Theory, Undersea Warfare, South China Sea, Anti- Submarine ...lot to prosecuting a submarine in the South China Sea. This research draws on oceanographic properties to develop a search radii for two surface ships

15 CFR 904.212 - Failure to prosecute or defend.

Code of Federal Regulations, 2010 CFR

2010-01-01

... (Continued) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE GENERAL REGULATIONS CIVIL PROCEDURES Hearing and Appeal Procedures General § 904.212 Failure to prosecute or defend. (a) Whenever the...

15 CFR 904.212 - Failure to prosecute or defend.

Code of Federal Regulations, 2011 CFR

2011-01-01

... (Continued) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE GENERAL REGULATIONS CIVIL PROCEDURES Hearing and Appeal Procedures General § 904.212 Failure to prosecute or defend. (a) Whenever the...

21 CFR 1316.24 - Exemption from prosecution for researchers.

Code of Federal Regulations, 2013 CFR

2013-04-01

... of the Drug Enforcement Administration, on his own motion or upon request in writing from the... afforded by the grant of exemption from prosecution during the research period shall be perpetual. (e...

21 CFR 1316.24 - Exemption from prosecution for researchers.

Code of Federal Regulations, 2011 CFR

2011-04-01

... of the Drug Enforcement Administration, on his own motion or upon request in writing from the... afforded by the grant of exemption from prosecution during the research period shall be perpetual. (e...

21 CFR 1316.24 - Exemption from prosecution for researchers.

Code of Federal Regulations, 2012 CFR

2012-04-01

... of the Drug Enforcement Administration, on his own motion or upon request in writing from the... afforded by the grant of exemption from prosecution during the research period shall be perpetual. (e...

21 CFR 1316.24 - Exemption from prosecution for researchers.

Code of Federal Regulations, 2014 CFR

2014-04-01

... of the Drug Enforcement Administration, on his own motion or upon request in writing from the... afforded by the grant of exemption from prosecution during the research period shall be perpetual. (e...

Serial murder by healthcare professionals.

PubMed

Yorker, Beatrice Crofts; Kizer, Kenneth W; Lampe, Paula; Forrest, A R W; Lannan, Jacquetta M; Russell, Donna A

2008-01-01

The prosecution of Charles Cullen, a nurse who killed at least 40 patients over a 16-year period, highlights the need to better understand the phenomenon of serial murder by healthcare professionals. The authors conducted a LexisNexis search which yielded 90 criminal prosecutions of healthcare providers that met inclusion criteria for serial murder of patients. In addition we reviewed epidemiologic studies, toxicology evidence, and court transcripts, to provide data on healthcare professionals who have been prosecuted between 1970 and 2006. Fifty-four of the 90 have been convicted; 45 for serial murder, four for attempted murder, and five pled guilty to lesser charges. Twenty-four more have been indicted and are either awaiting trial or the outcome has not been published. The other 12 prosecutions had a variety of legal outcomes. Injection was the main method used by healthcare killers followed by suffocation, poisoning, and tampering with equipment. Prosecutions were reported from 20 countries with 40% taking place in the United States. Nursing personnel comprised 86% of the healthcare providers prosecuted; physicians 12%, and 2% were allied health professionals. The number of patient deaths that resulted in a murder conviction is 317 and the number of suspicious patient deaths attributed to the 54 convicted caregivers is 2113. These numbers are disturbing and demand that systemic changes in tracking adverse patient incidents associated with presence of a specific healthcare provider be implemented. Hiring practices must shift away from preventing wrongful discharge or denial of employment lawsuits to protecting patients from employees who kill.

Serial murder by healthcare professionals.

PubMed

Yorker, Beatrice Crofts; Kizer, Kenneth W; Lampe, Paula; Forrest, A R W; Lannan, Jacquetta M; Russell, Donna A

2006-11-01

The prosecution of Charles Cullen, a nurse who killed at least 40 patients over a 16-year period, highlights the need to better understand the phenomenon of serial murder by healthcare professionals. The authors conducted a LexisNexis search which yielded 90 criminal prosecutions of healthcare providers that met inclusion criteria for serial murder of patients. In addition we reviewed epidemiologic studies, toxicology evidence, and court transcripts, to provide data on healthcare professionals who have been prosecuted between 1970 and 2006. Fifty-four of the 90 have been convicted; 45 for serial murder, four for attempted murder, and five pled guilty to lesser charges. Twenty-four more have been indicted and are either awaiting trial or the outcome has not been published. The other 12 prosecutions had a variety of legal outcomes. Injection was the main method used by healthcare killers followed by suffocation, poisoning, and tampering with equipment. Prosecutions were reported from 20 countries with 40% taking place in the United States. Nursing personnel comprised 86% of the healthcare providers prosecuted; physicians 12%, and 2% were allied health professionals. The number of patient deaths that resulted in a murder conviction is 317 and the number of suspicious patient deaths attributed to the 54 convicted caregivers is 2113. These numbers are disturbing and demand that systemic changes in tracking adverse patient incidents associated with presence of a specific healthcare provider be implemented. Hiring practices must shift away from preventing wrongful discharge or denial of employment lawsuits to protecting patients from employees who kill.

Race, racial resentment, attentiveness to the news media, and public opinion toward the Jena Six.

PubMed

Goidel, Kirby; Parent, Wayne; Mann, Bob

2011-01-01

Objective. We outline the role of race, racial resentment, and attentiveness to news in structuring public opinion toward the prosecution of the Jena Six, the name given to six African-American high school students who beat a white student, five of whom were subsequently charged with attempted second-degree murder.Method. We rely on a telephone survey of 428 registered voters collected in the aftermath of the protests in Jena, Louisiana.Results. Public reactions were heavily filtered by race and associated with measures of racial resentment. African Americans followed news about the protests more closely, believed race was the most important consideration in the decision to prosecute, and believed the decision to prosecute was the wrong decision. Racially conservative white respondents were less likely to believe race was the most important consideration in the decision to prosecute and were more likely to believe that the decision to prosecute was the right decision. Consistent with theories of agenda setting and framing, attentiveness to the news influenced perceptions regarding the importance of race in the decision to prosecute but not whether the decision was the right decision.Conclusions. At least within the context of the Deep South, race and racial attitudes continue to be an important predictor of public reactions to racially charged events. Attentiveness to the news influenced the lens through which events were interpreted, but not perceptions of whether the outcome was the right decision.

42 CFR 1007.17 - Annual report.

Code of Federal Regulations, 2011 CFR

2011-10-01

... STATE MEDICAID FRAUD CONTROL UNITS § 1007.17 Annual report. At least 60 days prior to the expiration of..., categorized by type of provider; (b) The number of cases prosecuted or referred for prosecution; the number of...

Orangutan trade, confiscations, and lack of prosecutions in Indonesia.

PubMed

Nijman, Vincent

2017-11-01

Prosecuting and sentencing law breakers punishes the offender and acts as a deterrent for future law breakers. With thousands of Sumatran and Bornean orangutans (Pongo abelii and P. pygmaeus) having entered private and government rescue centers and facilities, I evaluate the role of successful prosecution in orangutan conservation in Indonesia. Orangutans have been protected in Indonesian since 1931 and they are not allowed to be traded or to be kept as pets. In the period 1993-2016 at least 440 orangutans were formally confiscated, and many more were "donated" to law enforcement agencies. This resulted in seven (7) successful prosecutions by six different courts. Sentencing was lenient (median fine US$ 442 out of a possible US$ 7,600, median prison sentence 8 months out of a possible 5 years) and certainly too low to act as a deterrent. A paradigm shift within government authorities, conservation organizations, the judiciary, and by the general public is needed where trade in orangutans is no longer seen as a crime against an individual animal but as an economic crime that negatively affects society as a whole. Prosecuting offenders for tax evasion, corruption, endangering public health, animal cruelty, and smuggling, in addition to violating protected species laws, would allow for an increase in sentencing, resulting in a stronger deterrent, and greater public support. Conservation and welfare NGOs have a duty to become more proactive in a drive to increase enforcement; rescuing orangutans always has to coincide with prosecuting offenders and failures, and successes of these prosecutions have to be vigorously publicized. Despite numerous commitments made by Indonesia to orangutan conservation, and clear failures to deliver on almost all components, international donors have increased their funding year on year; it is time that this changes to a system where not failure is rewarded but success. © 2017 Wiley Periodicals, Inc.

Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions.

PubMed

Sheehan, James G; Goldner, Jesse A

2007-01-01

The authors analyze existing and developing trends in healthcare fraud litigation. They first review the traditional use of the Medicare-Medicaid Anti-Kickback Statute to prosecute such fraudulent activity. They then consider newer theories that have been employed, or may be employed, in cases involving payors, middlemen, agents, and fiduciaries. These include the use of the Civil False Claims Act, the Federal Travel Act, and the Public Contracts Anti-Kickback (sometimes incorporating violations under state commercial bribery and similar state legislation to form the basis of a federal claim or prosecution). The Article then turns to a discussion and warning of attorneys' potential liability for a client's kickback arrangements. Finally, the Article takes a very brief look at relationships under Medicare Part D that may well prove to be a fertile area of problematic conduct, public and congressional scrutiny, and prosecutions utilizing some of these theories.

Breath Test Refusals and Their Effect on DWI Prosecution

DOT National Transportation Integrated Search

2012-07-01

This report describes the design and results of a project aimed at estimating the rate that drivers : refuse to submit to a legally-requested breath alcohol concentration test, and the effect of such : refusals on the prosecution of DWI cases. The st...

76 FR 40339 - Patent Prosecution Highway (PPH) Program

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-08

... DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Prosecution Highway (PPH) Program ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as... Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450...

22 CFR 232.12 - Prosecution of claims.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Prosecution of claims. 232.12 Section 232.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT REPUBLIC OF TUNISIA LOAN GUARANTEES ISSUED UNDER THE DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2012, DIV. I...

22 CFR 232.12 - Prosecution of claims.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Prosecution of claims. 232.12 Section 232.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT REPUBLIC OF TUNISIA LOAN GUARANTEES ISSUED UNDER THE DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2012, DIV. I...

Urban Street Gang Enforcement.

ERIC Educational Resources Information Center

Institute for Law and Justice, Inc., Alexandria, VA.

Strategies to enhance prosecution of gang-related crimes are presented, with a focus on enforcement and prosecution targeting urban street gangs. The model programs introduced offer strategies largely based on the practical experiences of agencies that participated in a demonstration program, the Urban Street Gang Drug Trafficking Enforcement…

28 CFR 0.72 - National Security Division.

Code of Federal Regulations, 2010 CFR

2010-07-01

... relating to terrorism; (6) Prosecute matters involving torture, genocide, and war crimes to the extent such... the Foreign Intelligence Surveillance Act; (7) Prosecute Federal crimes involving national security... offenses (49 U.S.C. 46501-07); aircraft sabotage (18 U.S.C. 32); crimes against internationally protected...

28 CFR 0.72 - National Security Division.

Code of Federal Regulations, 2014 CFR

2014-07-01

... relating to terrorism; (6) Prosecute matters involving torture, genocide, and war crimes to the extent such... the Foreign Intelligence Surveillance Act; (7) Prosecute Federal crimes involving national security... offenses (49 U.S.C. 46501-07); aircraft sabotage (18 U.S.C. 32); crimes against internationally protected...

28 CFR 0.72 - National Security Division.

Code of Federal Regulations, 2012 CFR

2012-07-01

... relating to terrorism; (6) Prosecute matters involving torture, genocide, and war crimes to the extent such... the Foreign Intelligence Surveillance Act; (7) Prosecute Federal crimes involving national security... offenses (49 U.S.C. 46501-07); aircraft sabotage (18 U.S.C. 32); crimes against internationally protected...

28 CFR 0.72 - National Security Division.

Code of Federal Regulations, 2013 CFR

2013-07-01

... relating to terrorism; (6) Prosecute matters involving torture, genocide, and war crimes to the extent such... the Foreign Intelligence Surveillance Act; (7) Prosecute Federal crimes involving national security... offenses (49 U.S.C. 46501-07); aircraft sabotage (18 U.S.C. 32); crimes against internationally protected...

28 CFR 0.72 - National Security Division.

Code of Federal Regulations, 2011 CFR

2011-07-01

... relating to terrorism; (6) Prosecute matters involving torture, genocide, and war crimes to the extent such... the Foreign Intelligence Surveillance Act; (7) Prosecute Federal crimes involving national security... offenses (49 U.S.C. 46501-07); aircraft sabotage (18 U.S.C. 32); crimes against internationally protected...

22 CFR 231.12 - Prosecution of claims.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND... exclusive power to prosecute all claims related to rights to receive payments under the Eligible Notes to...

32 CFR 9.6 - Conduct of the trial.

Code of Federal Regulations, 2014 CFR

2014-07-01

... prior trials and proceedings, sworn or unsworn written statements, physical evidence, or scientific or... and surrebuttal. (8) The Prosecution shall present argument to the Commission. Defense Counsel shall be permitted to present argument in response, and then the Prosecution may reply in rebuttal. (9...

32 CFR 9.6 - Conduct of the trial.

Code of Federal Regulations, 2013 CFR

2013-07-01

... prior trials and proceedings, sworn or unsworn written statements, physical evidence, or scientific or... and surrebuttal. (8) The Prosecution shall present argument to the Commission. Defense Counsel shall be permitted to present argument in response, and then the Prosecution may reply in rebuttal. (9...

Criminal prosecution of suicide attempt survivors in Ghana.

PubMed

Adinkrah, Mensah

2013-12-01

Recently, there have been calls for the decriminalization (or depenalization) of nonfatal suicidal behavior (attempted suicide) in Ghana, India, Uganda, and other societies that currently criminalize nonfatal suicidal behavior. Despite this, there is a dearth of systematic studies that examine the extent, nature, and characteristics of attempted suicide prosecutions in countries that currently criminalize nonfatal suicidal behavior. The current study, therefore, explores the phenomenon of criminal prosecution and punishment for suicide attempters in Ghana, one among several countries where nonfatal suicidal behavior is a crime. Drawing from data extracted from local Ghanaian print and electronic news media articles, the study examines the sociodemographic characteristics of suicide attempt survivors, the patterns of nonfatal suicidal behavior, as well as the criminal justice outcomes of the criminal prosecutions. The findings indicate that the majority of defendants pled guilty to or were found guilty of the charge and sentenced to penalties ranging from monetary fines to incarceration. The results are discussed with regard to their implications for reducing nonfatal suicidal behavior in Ghana.

22 CFR 231.12 - Prosecution of claims.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Prosecution of claims. 231.12 Section 231.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND...

22 CFR 231.12 - Prosecution of claims.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Prosecution of claims. 231.12 Section 231.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND...

22 CFR 233.12 - Prosecution of claims.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Prosecution of claims. 233.12 Section 233.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HASHEMITE KINGDOM OF JORDAN LOAN GUARANTEES ISSUED UNDER THE FURTHER CONTINUING APPROPRIATIONS ACT, 2013, DIV. F, PUB. L. 113-6-STANDARD TERMS AND...

22 CFR 231.12 - Prosecution of claims.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Prosecution of claims. 231.12 Section 231.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND...

22 CFR 231.12 - Prosecution of claims.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Prosecution of claims. 231.12 Section 231.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND...

21 CFR 1316.24 - Exemption from prosecution for researchers.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Exemption from prosecution for researchers. 1316.24 Section 1316.24 Food and Drugs DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES Protection of Researchers and Research Subjects § 1316.24...

77 FR 50071 - Petition for Approval of Alternate Odometer Disclosure Requirements

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-20

... be better informed and provide a mechanism for tracing odometer tampering and prosecuting violators... background, according to information posted on the Arizona Department of Transportation (ADOT) Web site... explanation for this omission, which could make tracing and prosecuting fraud more difficult.\\38\\ \\38...

Intrafamilial Child Sexual Abuse Treatment: Prosecution Following Expulsion.

ERIC Educational Resources Information Center

Fridell, Lorie A.

1991-01-01

This study of 13 cases assessed the extent to which prosecution of child sexual abuse was successfully resumed against defendants terminated from a treatment program for noncompliance in Sacramento, California. Results indicated that convictions were obtained against persons initially diverted to treatment and that sentences received were…

Prosecution of adult sexual assault cases: a longitudinal analysis of the impact of a sexual assault nurse examiner program.

PubMed

Campbell, Rebecca; Patterson, Debra; Bybee, Deborah

2012-02-01

Most sexual assaults are never reported to law enforcement, and even among reported cases, most will never be successfully prosecuted. This reality has been a long-standing source of frustration for survivors, victim advocates, as well as members of the criminal justice system. To address this problem, communities throughout the United States have implemented multidisciplinary response interventions to improve post-assault care for victims and increase reporting and prosecution rates. One such model is the Sexual Assault Nurse Examiner (SANE) program, whereby specially trained nurses (rather than hospital emergency department [ED] physicians) provide comprehensive psychological, medical, and forensic services for sexual assault victims. The purpose of this study was to examine whether adult sexual assault cases were more likely to be investigated and prosecuted after the implementation of a SANE program within a large Midwestern county. A quasi-experimental design was used to compare criminal justice system case progression pre-SANE to post-SANE. Results from longitudinal multilevel ordinal regression modeling revealed that case progression through the criminal justice system significantly increased pre- to post-SANE: more cases reached the "final" stages of prosecution (i.e., conviction at trial and/or guilty plea bargains) post-SANE. These findings are robust after accounting for changes in operation at the focal county prosecutors' office and seasonal variation in rape reporting. Implications for policy and practice are discussed.

22 CFR 230.12 - Prosecution of claims.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Prosecution of claims. 230.12 Section 230.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.12...

22 CFR 230.12 - Prosecution of claims.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Prosecution of claims. 230.12 Section 230.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.12...

22 CFR 230.12 - Prosecution of claims.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Prosecution of claims. 230.12 Section 230.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.12...

22 CFR 230.12 - Prosecution of claims.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Prosecution of claims. 230.12 Section 230.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.12...

Prosecution to Enhance Treatment.

ERIC Educational Resources Information Center

Goldsmith, Stephen

1990-01-01

Advocates the use of criminal prosecution of pregnant women who abuse illegal substances. Discusses the views that use of drugs is a form of illness and that pregnant women should be exempt from laws. Concludes that court supervision and sanctions can improve treatment. Argues that punishment and treatment need not be mutually exclusive and…

28 CFR 115.178 - Referrals for prosecution for detainee-on-detainee sexual abuse.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Referrals for prosecution for detainee-on-detainee sexual abuse. 115.178 Section 115.178 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Lockups Discipline § 115.178 Referrals for...

28 CFR 115.178 - Referrals for prosecution for detainee-on-detainee sexual abuse.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Referrals for prosecution for detainee-on-detainee sexual abuse. 115.178 Section 115.178 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Lockups Discipline § 115.178 Referrals for...

28 CFR 115.178 - Referrals for prosecution for detainee-on-detainee sexual abuse.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Referrals for prosecution for detainee-on-detainee sexual abuse. 115.178 Section 115.178 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Lockups Discipline § 115.178 Referrals for...

Constitutional Issues: Watergate and the Constitution.

ERIC Educational Resources Information Center

Gray, Leslie; Burroughs, Wynell

1987-01-01

Provides a lesson plan and primary source material for exploring whether Richard M. Nixon should have been prosecuted for obstruction of justice following his resignation from the Presidency. Contains a reproduction of the special prosecutor's memorandum that lists the factors which support or detract from a decision to prosecute Richard Nixon.…

37 CFR 5.3 - Prosecution of application under secrecy orders; withholding patent.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 37 Patents, Trademarks, and Copyrights 1 2011-07-01 2011-07-01 false Prosecution of application under secrecy orders; withholding patent. 5.3 Section 5.3 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE GENERAL SECRECY OF CERTAIN INVENTIONS AND...

37 CFR 5.3 - Prosecution of application under secrecy orders; withholding patent.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 37 Patents, Trademarks, and Copyrights 1 2012-07-01 2012-07-01 false Prosecution of application under secrecy orders; withholding patent. 5.3 Section 5.3 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE GENERAL SECRECY OF CERTAIN INVENTIONS AND...

37 CFR 5.3 - Prosecution of application under secrecy orders; withholding patent.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 37 Patents, Trademarks, and Copyrights 1 2013-07-01 2013-07-01 false Prosecution of application under secrecy orders; withholding patent. 5.3 Section 5.3 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE GENERAL SECRECY OF CERTAIN INVENTIONS AND...

37 CFR 5.3 - Prosecution of application under secrecy orders; withholding patent.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Prosecution of application under secrecy orders; withholding patent. 5.3 Section 5.3 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE GENERAL SECRECY OF CERTAIN INVENTIONS AND...

37 CFR 5.3 - Prosecution of application under secrecy orders; withholding patent.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 37 Patents, Trademarks, and Copyrights 1 2014-07-01 2014-07-01 false Prosecution of application under secrecy orders; withholding patent. 5.3 Section 5.3 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE GENERAL SECRECY OF CERTAIN INVENTIONS AND...

Criminal Division - Alaska Department of Law

Science.gov Websites

Criminal Division The Criminal Division works to assure safe and healthy communities by prosecuting and live in safe and healthy communities. The day-to-day prosecution services are carried out by the implicated in environmental crimes from further operations that damage the environment. The ECU is partially

Misconduct in the Prosecution of Severe Crimes: Theory and Experimental Test

ERIC Educational Resources Information Center

Lucas, Jeffrey W.; Graif, Corina; Lovaglia, Michael J.

2006-01-01

Prosecutorial misconduct involves the intentional use of illegal or improper methods for attaining convictions against defendants in criminal trials. Previous research documented extensive errors in the prosecution of severe crimes. A theory formulated to explain this phenomenon proposes that in serious cases, increased pressure to convict…

22 CFR 230.12 - Prosecution of claims.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Prosecution of claims. 230.12 Section 230.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ISRAEL LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.12...

26 CFR 301.7602-1 - Examination of books and witnesses.

Code of Federal Regulations, 2010 CFR

2010-04-01

... commence a grand jury investigation of or criminal prosecution of such person for any alleged offense... request must set forth that the need for disclosure is for the purpose of a grand jury investigation of or... recommending criminal prosecution or grand jury investigation is signed by the Secretary or upon the Secretary...

A Socioecological Model of Rape Survivors' Decisions to Aid in Case Prosecution

ERIC Educational Resources Information Center

Anders, Mary C.; Christopher, F. Scott

2011-01-01

The purpose of our study was to identify factors underlying rape survivors' post-assault prosecution decisions by testing a decision model that included the complex relations between the multiple social ecological systems within which rape survivors are embedded. We coded 440 police rape cases for characteristics of the assault and characteristics…

Prosecution: An Effective Response to Child Abuse.

ERIC Educational Resources Information Center

Harshbarger, Scott

A district attorney of Middlesex County, Massachusetts, argues that prosecution is the most effective and appropriate response to child abuse cases. Two basic premises are advanced. First, anyone who physically abuses, sexually assaults, or rapes a child has committed a serious crime, regardless of the relationship of the victim to the offender.…

Adversarial Allegiance: The Devil is in the Evidence Details, Not Just on the Witness Stand

PubMed Central

McAuliff, Bradley D.; Arter, Jeana L.

2016-01-01

This study examined the potential influence of adversarial allegiance on expert testimony in a simulated child sexual abuse case. A national sample of 100 witness suggestibility experts reviewed a police interview of an alleged 5 year-old female victim. Retaining party (prosecution, defense) and interview suggestibility (low, high) varied across experts. Experts were very willing to testify, but more so for the prosecution than the defense when interview suggestibility was low and vice versa when interview suggestibility was high. Experts' anticipated testimony focused more on pro-defense aspects of the police interview and child's memory overall (negativity bias), but favored retaining party only when interview suggestibility was low. Unlike prosecution-retained experts who shifted their focus from pro-defense aspects of the case in the high suggestibility interview to pro-prosecution aspects in the low suggestibility interview, defense experts did not. Blind raters' perceptions of expert focus mirrored those findings. Despite an initial bias toward retaining party, experts' evaluations of child victim accuracy and interview quality were lower in the high versus low interview suggestibility condition only. Our data suggest that adversarial allegiance exists, that it can (but not always) influence how experts process evidence, and that it may be more likely in cases involving evidence that is not blatantly flawed. Defense experts may evaluate this type of evidence more negatively than prosecution experts due to negativity bias and positive testing strategies associated with confirmation bias. PMID:27243362

31 CFR 535.216 - Prohibition against prosecution of certain claims.

Code of Federal Regulations, 2012 CFR

2012-07-01

... against the Government of Iran arising out of events occurring before January 19, 1981 relating to: (1... result of popular movements in the course of the Islamic Revolution in Iran which were not an act of the Government of Iran. (b) Any persons who are not United States nationals are prohibited from prosecuting any...

31 CFR 535.216 - Prohibition against prosecution of certain claims.

Code of Federal Regulations, 2011 CFR

2011-07-01

... against the Government of Iran arising out of events occurring before January 19, 1981 relating to: (1... result of popular movements in the course of the Islamic Revolution in Iran which were not an act of the Government of Iran. (b) Any persons who are not United States nationals are prohibited from prosecuting any...

31 CFR 535.216 - Prohibition against prosecution of certain claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... against the Government of Iran arising out of events occurring before January 19, 1981 relating to: (1... result of popular movements in the course of the Islamic Revolution in Iran which were not an act of the Government of Iran. (b) Any persons who are not United States nationals are prohibited from prosecuting any...

The Prosecution of Hate Crimes: The Limitations of the Hate Crime Typology

ERIC Educational Resources Information Center

Phillips, Nickie D.

2009-01-01

Since the development of bias crime legislation over the past few decades, scholars have debated the merits of the legislation and questioned its enforcement. In light of such concerns, this study presents characteristics of all cases prosecuted as bias crimes in a New Jersey county between 2001 and 2004 and applies the hate crime typology…

Prosecuting Child Sexual Abuse: The Importance of Evidence Type

ERIC Educational Resources Information Center

Walsh, Wendy A.; Jones, Lisa M.; Cross, Theodore P.; Lippert, Tonya

2010-01-01

Corroborating evidence has been associated with a decrease in children's distress during the court process, yet few studies have empirically examined the impact of evidence type on prosecution rates. This study examined the types of evidence and whether charges were filed in a sample of child sexual abuse cases (n = 329). Cases with a child…

Increased Anti-Money Laundering Banking Regulations and Terrorism Prosecutions

DTIC Science & Technology

2013-03-01

the United States maintains one of the strongest and most effective anti-money laundering and counter-terrorist financing ( AML / CFT ) regimes in the...NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS Approved for public release; distribution is unlimited INCREASED ANTI...MONEY LAUNDERING BANKING REGULATIONS AND TERRORISM PROSECUTIONS by Albert L. Kao March 2013 Thesis Advisor: Lauren Fernandez Second Reader

76 FR 26338 - Agency Information Collection Activities; Renewal Without Change of a Current Collection; Comment...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-06

... to the anti- money laundering provisions of Title II of the BSA, 31 U.S.C. 5311 et seq., which are intended to aid in the prevention, detection and prosecution of international money laundering and..., investigation and prosecution of money laundering and other matters. In accordance with the requirements of the...

Outbreak of Salmonella enteritidis PT14b gastroenteritis at a restaurant in England: the use of molecular typing to achieve a successful prosecution.

PubMed

Chatt, C; Nicholds-Trainor, D; Scrivener, A; Suleman, S; Harvey, M; Dallman, T; Hawker, J; Sibal, B

2017-10-01

To describe an outbreak of Salmonella enteritidis phage type (PT) 14b in people who had eaten at a restaurant, and the investigation and subsequent prosecution of the food business operator (FBO). The local health protection team and environmental health department formed an outbreak control team to investigate the outbreak. Epidemiological, microbiological, and environmental investigations were undertaken. Epidemiological investigations involved case finding and interviews. Microbiological investigation: stool samples from the suspected cases and environmental samples from the implicated food business were investigated. Salmonella isolates obtained were subjected to multiple locus variable-number tandem repeat analysis (MLVA) profiling and whole genome sequencing. In addition, adenosine triphosphate (ATP) hygiene swab tests were used to verify the quality of cleaning procedures and data loggers were used to determine the water temperature of the mechanical dishwasher. Fifteen cases of illness where the causative agent was shown to be S. enteritidis PT14b were identified, all of whom had eaten at the same restaurant. S. enteritidis PT14b was also identified from three of the 11 food and environmental samples taken at the restaurant and found to have the same MLVA profile as the cases. A case for prosecution was built and the FBO was successfully prosecuted in July 2015. This investigation highlighted that the use of molecular typing as part of thorough epidemiological, microbiological, and environmental investigations can present a robust case for prosecution against restaurants which pose a risk to public health. Crown Copyright © 2017. Published by Elsevier Ltd. All rights reserved.

HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions

PubMed Central

2008-01-01

The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic. PMID:19046428

The Contribution of Children's Advocacy Centers to Felony Prosecutions of Child Sexual Abuse

ERIC Educational Resources Information Center

Miller, Aaron; Rubin, David

2009-01-01

Objective: To describe trends of felony sexual abuse prosecutions between 1992 and 2002 for two districts of a large urban city that differed primarily in their use of children's advocacy centers (CACs) for sexual abuse evaluations in children. Methods: Aggregate data for two districts of a large urban city were provided from 1992 to 2002 from the…

The "real world" barriers and solutions to Candida vaccine patent prosecutions

PubMed Central

Wang, Shyh-Jen

2012-01-01

The US Patent and Trademark Office (USPTO) adopts recent patent courts’ opinions (such as KSR In re Fisher and Ariad v. Lilly) in patent examinations, which would certainly create barriers to biotech patent prosecution. To identify the barriers to Candida vaccine patent prosecution, we analyzed 99 US-granted patents from January 2001 to May 2012 related to Candida vaccines. The rejections were based on factors that included obviousness, novelty, indefiniteness, double patenting, enablement, written description and utility. Based on this investigation, we find that some of these rejections were actually avoidable, and then further provide workable solutions to avoid some of the barriers, especially those related to patentability. These principles recited in this study should also be applicable to other fields of vaccines and immunotherapeutics. PMID:22894949

Immigration and Prosecutorial Discretion

PubMed Central

Apollonio, Dorie; Lochner, Todd; Heddens, Myriah

2015-01-01

Immigration has become an increasingly salient national issue in the US, and the Department of Justice recently increased federal efforts to prosecute immigration offenses. This shift, however, relies on the cooperation of US attorneys and their assistants. Traditionally federal prosecutors have enjoyed enormous discretion and have been responsive to local concerns. To consider how the centralized goal of immigration enforcement may have influenced federal prosecutors in regional offices, we review their prosecution of immigration offenses in California using over a decade's worth of data. Our findings suggest that although centralizing forces influence immigration prosecutions, individual US attorneys' offices retain distinct characteristics. Local factors influence federal prosecutors' behavior in different ways depending on the office. Contrary to expectations, unemployment rates did not affect prosecutors' willingness to pursue immigration offenses, nor did local popular opinion about illegal immigration. PMID:26146530

Identification of Nonfatal Strangulation by 911 Dispatchers: Suggestions for Advances Toward Evidence-Based Prosecution.

PubMed

Reckdenwald, Amy; Nordham, Chelsea; Pritchard, Adam; Francis, Brielle

2017-06-01

Research highlights the need for systematic law enforcement training on nonfatal strangulation in domestic violence situations to improve evidence-based prosecution of these violent felonies. However, most of this research focuses on the role of police officers in the safety response. Although often overlooked, this research examines the role of 911 dispatchers, who are many times the first person the victim calls for assistance. This study examines official domestic violence records, gathered through a partnership with a County Sheriff's agency, to determine whether domestic violence strangulation is being adequately identified and documented by first responders. This research highlights the need for considering 911 dispatchers as having a potentially critical role in a comprehensive response to domestic violence strangulation from initial screening to eventual prosecution.

Joint Strategic Oversight Plan for Afghanistan Reconstruction FY13

DTIC Science & Technology

2012-07-01

programs within its ministries and made progress in deterring corruption by investi­ gating, prosecuting, sanctioning or removing corrupt officials from...within its ministries and made progress in deterring corruption by investigat­ ing, prosecuting, sanctioning or removing corrupt officials from office...of oversight and Lodin’s credibility. • Department of Justice and the Justice Sector Support Program continued their suspension of training the

Place of the Prosecutor's Office of the Russian Federation in System of Bodies Involved in Criminal Prosecution

ERIC Educational Resources Information Center

Grebennikov, Valeriy V.; Sangadzhiev, Badma V.; Vinogradova, Elena V.

2016-01-01

The relevance of the study to the problem of determining the place of prosecutors in the system of state bodies carrying out criminal prosecution, is determined, firstly, by the ongoing scientific debates and lack of consensus about the nature of the Prosecutor's office, the place and role of prosecutorial supervision in the structure of the…

38 CFR 38.618 - Findings concerning commission of a capital crime where a person has not been convicted due to...

Code of Federal Regulations, 2010 CFR

2010-07-01

... commission of a capital crime where a person has not been convicted due to death or flight to avoid... of a capital crime where a person has not been convicted due to death or flight to avoid prosecution... unavailability for trial due to death or flight to avoid prosecution, the cemetery director, with the assistance...

Trafficking in Persons Report 10th Edition

DTIC Science & Technology

2010-06-01

services. although there were no reported investigations, prosecutions, or convictions of child sex tourists during the reporting period, government ...Brazilian authorities relied on operational partnerships with foreign governments to extradite and prosecute foreign sex tourists , though there...sex tourists , who travel abroad to engage in sex acts with children. C A N A D A 105 The Government of Canada fully complies with the minimum

The "real world" barriers and solutions to Candida vaccine patent prosecutions: an analysis of U.S. Patent and Trademark Office actions on related applications.

PubMed

Wang, Shyh-Jen

2012-10-01

The US Patent and Trademark Office (USPTO) adopts recent patent courts' opinions (such as KSR In re Fisher and Ariad v. Lilly) in patent examinations, which would certainly create barriers to biotech patent prosecution. To identify the barriers to Candida vaccine patent prosecution, we analyzed 99 US-granted patents from January 2001 to May 2012 related to Candida vaccines. The rejections were based on factors that included obviousness, novelty, indefiniteness, double patenting, enablement, written description and utility. Based on this investigation, we find that some of these rejections were actually avoidable, and then further provide workable solutions to avoid some of the barriers, especially those related to patentability. These principles recited in this study should also be applicable to other fields of vaccines and immunotherapeutics.

Southeast Asia Report, No. 1321.

DTIC Science & Technology

1983-08-03

Denounce Illegally Acquired Wealth (NHAN DAN, 21 Jun 83) 62 Pharmacist , Doctor Prosecuted for Corrupt Practices (Tan Lam; QUAN DOI NHAN DAN, 19...Brigadier General Sukoso on Thursday [26 May] in Bandung. The post of dep- uty Army chief of staff remained empty for 4 years after General Poniman, who...7300 CSO: 4209A56 63 MILITARY AFFAIRS AND PUBLIC SECURITY PHARMACIST , DOCTOR PROSECUTED FOR CORRUPT PRACTICES Hanoi QUAN DOI NHAN DAN in

Secure FAST: Security Enhancement in the NATO Time Sensitive Targeting Tool

DTIC Science & Technology

2010-11-01

designed to aid in the tracking and prosecuting of Time Sensitive Targets. The FAST tool provides user level authentication and authorisation in terms...level authentication and authorisation in terms of security. It uses operating system level security but does not provide application level security for...and collaboration tool, designed to aid in the tracking and prosecuting of Time Sensitive Targets. The FAST tool provides user level authentication and

DEPARTMENT OF THE TREASURY: Information on the Office of Enforcement’s Operations

DTIC Science & Technology

2001-03-01

major law enforcement tool and tool for informing the public, on a city by city and national basis, of crime gun trends. Unlike many crime reports...investment in illegal market research (by NIJ) and improved joint understanding of the need to balance prosecution of armed offenders with prosecution of...Workforce Retention and Workload Balancing , which was overseen by an Executive Committee of Assistant Secretary (Enforcement), Assistant Secretary

When should psychiatrists seek criminal prosecution of assaultive psychiatric inpatients?

PubMed

Ho, Justin; Ralston, D Christopher; McCullough, Laurence B; Coverdale, John H

2009-08-01

This Open Forum commentary reviews the ethical considerations relevant to the question of prosecuting assaultive psychiatric patients, with particular attention to the significance that should be attached to the arguments generated by those considerations. A comprehensive literature search was conducted incorporating the terms "assaultive patients," "ethics," "psychiatric inpatients," and "law." The literature of professional medical ethics was applied to identify relevant domains of ethical argument. Five domains were identified: fiduciary obligations of physicians to assaultive and other patients; obligations to staff members; professional virtues of compassion, self-sacrifice, and self-effacement; retributive justice; and the patient's right to confidentiality. The content of each domain is explained, and guidance is provided on how to assess the relative strengths of ethical argument within each domain. All five domains must be explicitly addressed in order to make ethically disciplined judgments about whether to seek prosecution. A distinctive feature of this ethical analysis is the central importance of the professional virtues.

Archimedean Witness: The Application of Remote Sensing as an Aid to Human Rights Prosecutions

NASA Astrophysics Data System (ADS)

Walker, James Robin

The 21st century has seen a significant increase in the use of remote sensing technology in the international human rights arena for the purposes of documenting crimes against humanity. The nexus between remote sensing, human rights activism, and international criminal prosecutions sits at a significant crossroads within geographic thought, calling attention to the epistemological and geopolitical implications that stem from the "view from nowhere" afforded by satellite imagery. Therefore, this thesis is divided into three sections. The first looks at the geographical questions raised by the expansion of remote sensing use in the context of international activism. The second explores the complications inherent in the presentation of remote sensing data as evidence of war crimes. Building upon the first two, the third section is a case study in alternate forms of analysis, aimed at expanding the utility of remote sensing data in international criminal prosecutions.

Conservatism, institutionalism, and the social control of intergroup conflict.

PubMed

King, Ryan D

2008-03-01

This research investigates the state social control of intergroup conflict by assessing the sociopolitical determinants of hate crime prosecutions. Consistent with insights from the political sociology of punishment, group-threat accounts of intergroup relations and the state, and neoinstitutional theory, the findings suggest that hate crime prosecutions are fewer where political conservatism, Christian fundamentalism, and black population size are higher, although this last effect is nonlinear. Linkages between district attorneys' offices and communities, on the other hand, increase hate crime prosecutions and the likelihood of offices' creating hate crime policies. Yet these policies are sometimes decoupled from actual enforcement, and such decoupling is more likely in politically conservative districts. The results indicate that common correlates of criminal punishment have very different effects on types of state social control that are protective of minority groups, and also suggest conditions under which policy and practice become decoupled in organizational settings.

Criminal justice outcomes for cannabis use offences in New Zealand, 1991-2008.

PubMed

Wilkins, Chris; Sweetsur, Paul

2012-11-01

There have been no changes to the statutory penalties for cannabis use in New Zealand for over 35 years and this has attracted some criticism. However, statutory penalties often provide a poor picture of the actual criminal justice outcomes for minor drug offending. To examine criminal justice outcomes for cannabis use offences in New Zealand over the past two decades. Rates of apprehension, prosecution, conviction and related criminal justice outcomes for the use of cannabis in New Zealand (per 100,000 population) were calculated for 1991-2008. The same measures were calculated (per 1000 last year cannabis users) for 1998, 2001, 2003 and 2006. Trends were tested for using logistic regression with year predicting each measure outcome and with chi-square tests. The number of police apprehensions for cannabis use per year (per 100,000 population) declined from 468 in 1994 to 247 in 2008. The number of apprehensions for cannabis use per year (per 1000 cannabis users) also declined from 36 in 1998 to 21 in 2006. There were similar declines in prosecutions and convictions for cannabis use from 1991 to 2008. Those prosecuted for cannabis use in 2000-2008 were less likely than those prosecuted in 1991-1999 to be convicted and were more likely to be diverted away from the courts, 'discharged without conviction' and 'convicted and discharged'. There has been a substantial decline in arrests for cannabis use in New Zealand over the past decade and this lead to similar declines in prosecutions and convictions for cannabis use. The decline in convictions for cannabis use was further assisted by the expansion of police diversion to include cannabis use offences. Our findings underline the importance of examining the implementation of law, as well as statutory penalties, when characterising a country's criminal justice approach to minor drug offending. Copyright © 2012 Elsevier B.V. All rights reserved.

Pregnancy and the 40-Year Prison Sentence

PubMed Central

Bautista, Jose Santos Guardado

2017-01-01

Abstract Using the case of El Salvador, this article demonstrates how the anti-abortion catchphrase “abortion is murder” can become embedded in the legal practice of state judicial systems. In the 1990s, a powerful anti-abortion movement in El Salvador resulted in a new legal context that outlawed abortion in all circumstances, discouraged mobilization for abortion rights, and encouraged the prosecution of reproduction-related “crimes.” Within this context, Salvadoran women initially charged with the crime of abortion were convicted of “aggravated homicide” and sentenced to up to 40 years in prison. Court documents suggest that many of these women had not undergone abortions, but had suffered naturally occurring stillbirths late in their pregnancies. Through analysis of newspaper articles and court cases, this article documents how El Salvador came to prosecute obstetrical emergencies as “murder,” and concludes that activism on behalf of abortion rights is central to protecting poor pregnant women from prosecution for reproduction-related “crimes.” PMID:28630543

Pregnancy and the 40-Year Prison Sentence: How "Abortion Is Murder" Became Institutionalized in the Salvadoran Judicial System.

PubMed

Viterna, Jocelyn; Bautista, Jose Santos Guardado

2017-06-01

Using the case of El Salvador, this article demonstrates how the anti-abortion catchphrase "abortion is murder" can become embedded in the legal practice of state judicial systems. In the 1990s, a powerful anti-abortion movement in El Salvador resulted in a new legal context that outlawed abortion in all circumstances, discouraged mobilization for abortion rights, and encouraged the prosecution of reproduction-related "crimes." Within this context, Salvadoran women initially charged with the crime of abortion were convicted of "aggravated homicide" and sentenced to up to 40 years in prison. Court documents suggest that many of these women had not undergone abortions, but had suffered naturally occurring stillbirths late in their pregnancies. Through analysis of newspaper articles and court cases, this article documents how El Salvador came to prosecute obstetrical emergencies as "murder," and concludes that activism on behalf of abortion rights is central to protecting poor pregnant women from prosecution for reproduction-related "crimes."

Adversarial allegiance: The devil is in the evidence details, not just on the witness stand.

PubMed

McAuliff, Bradley D; Arter, Jeana L

2016-10-01

This study examined the potential influence of adversarial allegiance on expert testimony in a simulated child sexual abuse case. A national sample of 100 witness suggestibility experts reviewed a police interview of an alleged 5-year-old female victim. Retaining party (prosecution, defense) and interview suggestibility (low, high) varied across experts. Experts were very willing to testify, but more so for the prosecution than the defense when interview suggestibility was low and vice versa when interview suggestibility was high. Experts' anticipated testimony focused more on prodefense aspects of the police interview and child's memory overall (negativity bias), but favored retaining party only when interview suggestibility was low. Prosecution-retained experts shifted their focus from prodefense aspects of the case in the high suggestibility interview to proprosecution aspects in the low suggestibility interview; defense experts did not. Blind raters' perceptions of expert focus mirrored those findings. Despite an initial bias toward retaining party, experts' evaluations of child victim accuracy and police interview quality were lower in the high versus low interview suggestibility condition only. Our data suggest that adversarial allegiance exists, that it can (but not always) influence how experts process evidence, and that it may be more likely in cases involving evidence that is not blatantly flawed. Defense experts may evaluate this type of evidence more negatively than prosecution experts because of negativity bias and positive testing strategies associated with confirmation bias. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Evidentiary, extraevidentiary, and deliberation process predictors of real jury verdicts.

PubMed

Devine, Dennis J; Krouse, Paige C; Cavanaugh, Caitlin M; Basora, Jaime Colon

2016-12-01

In contrast to the extensive literature based on mock jurors, large-sample studies of decision making by real juries are relatively rare. In this field study, we examined relationships between jury verdicts and variables representing 3 classes of potential determinants-evidentiary, extraevidentiary, and deliberation process-using a sample of 114 criminal jury trials. Posttrial data were collected from 11 presiding judges, 31 attorneys, and 367 jurors using a Web-based questionnaire. The strength of the prosecution's evidence was strongly related to the occurrence of a conviction, whereas most extraevidentiary and deliberation process variables were only weakly to modestly related in bivariate form and when the prosecution's evidence strength was controlled. Notable exceptions to this pattern were jury demographic diversity as represented by the number of different race-gender subgroups (e.g., Black males) present in the jury, and several deliberation process variables reflecting advocacy for acquittal (e.g., presence of an identifiable proacquittal faction within the jury and proacquittal advocacy by the foreperson). Variables reflecting advocacy for conviction were essentially unrelated to jury verdict. Sets of extraevidentiary and deliberation variables were each able to modestly improve the explanation of jury verdicts over prosecution evidence strength in multivariate models. This study highlights the predictive efficacy of prosecution evidence strength with respect to jury verdicts, as well as the potential importance of jury demographic diversity and advocacy for acquittal during deliberation. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Sitting in the Dock of the Day: Applying Lessons Learned from the Prosecution of War Criminals and Other Bad Actors in Post-Conflict Iraq and Beyond

DTIC Science & Technology

2003-04-01

reprinted in NUREMBERG: GERMAN VIEWS OF THE WAR TRIALS 201, 201 ( Wilbourne E. Benton, ed. 1955) (translated by Georg Grimm). 100 Statement of Dr...353 (1948), reprinted in NUREMBERG: GERMAN VIEWS OF THE WAR TRIALS 76, 78 ( Wilbourne E. Benton, ed., 1955) (translation byE.C. Jann). 107 MICHAEL R...surrounding the IMTFE was directed at its chief prosecutor, Joseph Keenan, who was often alleged to have used the prosecution as a means to grandstand for

Criminal prosecution of a male partner for sexual transmission of infectious diseases: the views of educated people living in Togo.

PubMed

Kpanake, Lonzozou; Patassi, Akouda; Mullet, Etienne

2013-06-01

To examine the views of educated people in Togo on the acceptability of criminal prosecution of a male partner for sexual transmission of infectious diseases (STIDs) to his female partner. 199 adults living in Kara, Togo judged acceptability of criminal prosecution for STID in 45 scenarios composed of combinations of five factors: (a) severity of disease; (b) awareness and communication of one's serological status; (c) partners' marital status; (d) number of sexual partners the female partner has and (e) male partner's subsequent attitude (supportive or not). Acceptability was lower (a) when the male partner decided to take care of his female partner he had infected than when he decided to leave, (b) when both partners were informed but decided not to take precautions than when none of them was informed or when only the male partner was informed and (c) when the female partner has had several male sexual partners than when she has had only one. Two qualitatively different views were identified. For 66% of participants, when the male partner accepts to take care of his partner, he should not be sued, except when he did not disclose his serological status. For 34%, when both partners were informed, the male partner should not be sued, irrespective of other circumstances. Regarding criminal prosecution for STID, most people in the sample endorsed the position of the Joint United Nations Programme on HIV/AIDS that urges governments not to apply criminal law to cases where sexual partners disclosed their status or were not informed of it.

Balancing public health and practitioner accountability in cases of medical manslaughter: reconsidering the tests for criminal negligence-related offences in Australia after R v Patel.

PubMed

Tuckett, Nikita

2011-12-01

In 2010 Dr Jayant Patel was convicted of several offences on the basis of criminal negligence. Following the Queensland Court of Appeal's 2011 endorsement of the trial judge's decision, the case provides a timely opportunity to review prosecutions for medical negligence criminal offences throughout Australia and to critically examine the tests in assessing whether the balance has been correctly struck. The author argues that the thresholds required for prosecutions for criminal negligence for medical manslaughter are problematic and unduly onerous, and do not adequately strike the balance between the utilitarian value in health care and patient safety, on the one hand, and practitioner accountability and deterrence, on the other. This article considers reforms to remedy the imbalance, including a reformulation of the Criminal Code (Qld) and common law thresholds, proposals for the enactment of a separate offence of criminally negligent manslaughter and the utilisation of corporate prosecutions for manslaughter liability to broaden accountability in health care and promote patient safety on a systemic level.

Parental child murder and child abuse in Anglo-American legal system.

PubMed

Gurevich, Liena

2010-01-01

In this article, the sociological and historical approaches and literatures are synthesized to present the historical background of the treatment that child-abusing and child-killing parents are receiving in the legal system today. The roots of the formation of contemporary institutional responses to severe child abuse and child homicide are traced and latest developments are examined critically. Durkheim's insights regarding the functions of law are highlighted by pointing out how, throughout history, crimes against children become stand-ins for larger societal problem. The latest innovations in the criminal branch of child protection consist of the specialized prosecution bureaus and court parts dealing with physical and sexual violence against children. Integral to the new developments in child protection are ''multidisciplinary,'' comprehensive approaches to the processing of criminal cases, involving teams consisting of representatives from the police, the prosecution, public and private social work and child protection agencies, and psychiatric, pediatric, and other medical practitioners and community partners. These developments exemplify heightened focus on criminal prosecution of parental crimes against children, inevitably leading to questions and policy concerns regarding resources geared toward punishment rather than prevention.

Some evidentiary considerations for physician billing.

PubMed

Rooks, Franklin J

2011-01-01

In a criminal prosecution for medical billing fraud alleging up-coding and overbilling, the government's evidence may encompass the practice's entire billings and draw inferences from them. In addition, fraud may be demonstrated through statistical analysis comparing a physician's billings relative to other providers of the same specialty. The Federal Rules of Evidence govern the admissibility of evidence during a trial, to provide fairness for both the prosecution and the defense. Physicians and practice managers should be well versed in the billing requirements and particularly careful when CPT codes are expressed in terms of "required times" as opposed to "typical times."

Criminal enforcement of the Clean Water Act in the coal fields: United States vs. law and beyond

DOE Office of Scientific and Technical Information (OSTI.GOV)

Scott, P.B.; Bryant, S.B.

Criminal prosecution has become an integral part of federal enforcement of this nation's environmental laws. In fiscal year 1991, the United States Environmental Protection Agency (EPA) reported record criminal fines. From 1987 to 1991, prison time and criminal fines imposed in cases investigated by EPA more than quadrupled. Many commentators have noted, often with chagrin, the trend toward more frequent criminal prosecution. The reasons for this upsurge are both straightforward and compelling. One is society's recognition that those who illegally despoil our environment for financial gain must be severely punished. The second and more compelling reason for prosecution is themore » dramatic deterrent effect that these cases can have. While civil fines undoubtedly affect corporate behavior, too often they can be dismissed as just another cost of doing business. Law stands for the proposition that a property owner's responsibilities under the Clean Water Act (CWA) are defined by the statute. There are no [open quotes]inherent[close quotes] preconditions to those responsibilities such as original production of the pollutants discharged or absolute knowledge of the discharge before purchase of the property. The important of Law for the CWA is that the statute's terms will be given their full force-even in criminal prosecutions. What does this mean for CWA enforcement in the coal fields Regulators and prosecutors now have the answers to questions that have plagued them for years. First, it is now beyond dispute that surface land owners are liable under the CWA for Acid Mine Drainage (AMD) discharged from point sources on their property. This is so even if the AMD is generated from abandoned sites or from subsurface property or other surface property in which the landowners have no interest.« less

[The actions of the Public Prosecution Service in the field of health in prisons].

PubMed

Puppim, Érika Bastos Targino

2016-06-01

In the violent, insalubrious and overpopulated prison environment in which the concerns of penitentiary managers are predominantly focused on security, several actors of the legal world work incessantly to ensure that prisoners enjoy living conditions and access to health care in accordance with their constitutional rights. However, their discourses only appear infrequently in academic research and studies on health in prisons. We decided to ask for the opinion of a District Attorney of the State Public Prosecution Office, Dr. Érika Puppim to share with readers her view and the difficulties in her role in the protection of prisoners.

The use of religion in death penalty sentencing trials.

PubMed

Miller, Monica K; Bornstein, Brian H

2006-12-01

Both prosecutors and defense attorneys have presented religious appeals and testimony about a defendant's religious activities in order to influence capital jurors' sentencing. Courts that have objected to this use of religion fear that religion will improperly influence jurors' decisions and interfere with their ability to weigh aggravators and mitigators. This study investigated the effects of both prosecution and defense appeals. Prosecution appeals did not affect verdict decisions; however, use of religion by the defense affected both verdicts and the weighing of aggravators and mitigators. These results could be due to differences in perceived sincerity and remorse that are conveyed in the various appeals.

Examining the prevalence, role and impact of evidence regarding Antisocial Personality, sociopathy and psychopathy in capital cases: a survey of defense team members.

PubMed

Edens, John F; Cox, Jennifer

2012-01-01

Although anecdotal case accounts suggest that evidence concerning Antisocial Personality Disorder (APD), sociopathy and psychopathy is frequently introduced by the prosecution in capital murder trials, to date there has been no systematic research to determine the actual prevalence, role, or perceived impact of such evidence in these cases. Survey data collected from attendees at a national capital mitigation conference (n=41) indicated that prosecution evidence concerning APD was quite prevalent, with "sociopath" and "psychopath" labels being introduced less frequently. Evidence concerning these disorders, which were assessed primarily via DSM criteria and self-report personality inventories, was most often introduced by the prosecution in the sentencing phase to address a defendant's ostensible risk of future dangerousness and/or to rebut mitigating evidence-although it was also introduced frequently in the guilt/innocence phase of these trials to rebut mental health evidence offered by the defense. Survey respondents believed that evidence concerning APD, sociopathy, and psychopathy had a considerable impact on trial outcomes. Also, although defense objections were common, such evidence was rarely ruled to be inadmissible in these cases. Copyright © 2012 John Wiley & Sons, Ltd.

Good cop, bad cop: federal prosecution of state-legalized medical marijuana use after United States v. Lopez.

PubMed

Newbern, A E

2000-10-01

The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in favor of returning traditional areas of state concern, particularly criminal law enforcement, to local or state control. The Court's decisions in these cases coincide with ballot initiatives legalizing the medical use of marijuana garnering a majority of the vote in California, Arizona, Alaska, Colorado, Nevada, Oregon, Washington, Maine, and Washington D.C. Those who use marijuana for medical purposes under sanction of state law, however, still face the threat of federal prosecution under the Controlled Substances Act. Medical marijuana proponents have traditionally, and unsuccessfully, contested federal prosecution using individual rights arguments under theories of equal protection or substantive due process. This Comment argues that after Lopez and Morrison, the federal government's authority to regulate intrastate use of marijuana for medicinal purposes is not the foregone conclusion it once was. The author suggests that proponents of medical marijuana use should invoke the federalism arguments of Lopez and Morrison and argue for state legislative independence from the federal government on this issue.

Supreme Court strikes down Montana's sodomy law.

PubMed

1997-08-08

The Montana Supreme Court struck down the State's sodomy law and ruled that the law violates the State constitutional right to privacy. Until this ruling, all homosexual relations were labeled deviate sexual conduct, punishable by a $50,000 fine and 10 years in prison. No one had been prosecuted under the law since it was enacted in 1973, but its existence placed gay men and lesbians at risk of prosecution. The high court was not persuaded by the State's argument that the sodomy law was permissible because it prevented HIV infection and preserved public morality, largely because the law was enacted a decade before the first case of AIDS was reported in Montana.

Factors influencing the prosecution of child physical abuse cases in a Swedish metropolitan area.

PubMed

Otterman, Gabriel; Lainpelto, Katrin; Lindblad, Frank

2013-12-01

To examine whether case characteristics of alleged child physical abuse, such as severity, influence criminal investigation procedures and judicial outcomes. We identified all police-reported cases of nonfatal child physical abuse during 2006 in a Swedish metropolitan area (n = 158). Case characteristics were abstracted from police records. Over half (56%) of the victims were boys, and the median age group was 9-12 years. The severity of the alleged violence was low in 8% of cases, moderate in 51% and high in 41%. Suspects were interviewed in 53% of cases, with fathers more likely to be interviewed than mothers. Children were forensically interviewed in 52% of cases, with 9% physically examined by a clinician and 2.5% by a forensic specialist. Seven per cent of the cases were prosecuted and 1.3% resulted in summary punishment. We found no association between severity of alleged abuse and whether the suspect was interviewed, the child was forensically interviewed or physically examined or whether the perpetrator was prosecuted. Despite the high severity of alleged violence, physical examination rates were low, suggesting a need for criminal investigative procedures on child physical abuse to be reviewed in Sweden. ©2013 Foundation Acta Paediatrica. Published by John Wiley & Sons Ltd.

Pesticide-laced predator baits: considerations for prosecution and sentencing

USGS Publications Warehouse

Vyas, N.B.; Spann, J.W.; Albers, E.; Patterson, D.

2003-01-01

The illegal use of pesticide-laced baits for predator control is a wildlife crime that is underreported, inadequately documented, and insufficiently punished. The crime occurs when some ranchers, farmers, and hunting groups illegally lace baits with pesticides to control avian and mammalian predators. The activity has poisoned birds protected by the Endangered Species Act, Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection Act. However, because of difficulties in discovering, reporting, and confirming the baitings and the wildlife kills, the crimes often appear inconsequential. The limited knowledge of these crimes in the public, regulatory, and judicial arenas distorts their importance .for some prosecutors and judges. The United States pesticide regulatory system has positioned federal and state prosecutors and judges in a critical role for protecting wildlife from the illegal practice of lacing baits with pesticides. In this article, the authors provide an overview of the crime and describe the ways in which the crime is investigated. They then present investigative and experimental evidence on the extent of the illegal practice and the magnitude of the kills in order to elucidate their importance with respect to prosecution and sentencing. The authors conclude by recommending that sufficient resources be made available, public awareness and education increased, and persistent prosecution occur in order to improve the effectiveness of all federal wildlife enforcement.

Prevention of Transnational Transplant-Related Crimes-What More Can be Done?

PubMed

Martin, Dominique E; Van Assche, Kristof; Domínguez-Gil, Beatriz; López-Fraga, Marta; Budiani-Saberi, Debra; Lavee, Jacob; Tibell, Annika; Moazam, Farhat; Muller, Elmi; Danovitch, Gabriel M; Codreanu, Igor; Naicker, Saraladevi; Al Rukhaimi, Mona; McGuinness, Sheelagh; Bakr, Mohamed A; Moniruzzaman, Monir; Capron, Alexander M; Delmonico, Francis L

2016-08-01

Many nations are able to prosecute transplant-related crimes committed in their territory, but transplant recipients, organ sellers and brokers, and transplant professionals may escape prosecution by engaging in these practices in foreign locations where they judge the risk of criminal investigation and prosecution to be remote. The Declaration of Istanbul Custodian Group convened an international working group to evaluate the possible role of extraterritorial jurisdiction in strengthening the enforcement of existing laws governing transplant-related crimes across national boundaries. Potential practical and ethical concerns about the use of extraterritorial jurisdiction were examined, and possible responses were explored. Extraterritorial jurisdiction is a legitimate tool to combat transplant-related crimes. Further, development of a global registry of transnational transplant activities in conjunction with a standardized international referral system for legitimate travel for transplantation is proposed as a mechanism to support enforcement of national and international legal tools. States are encouraged to include provisions on extraterritorial jurisdiction in their laws on transplant-related crimes and to collaborate with professionals and international authorities in the development of a global registry of transnational transplant activities. These actions would assist in the identification and evaluation of illicit activities and provide information that would help in developing strategies to deter and prevent them.

Sex work on the rise. International news.

PubMed

1996-01-01

The AIDS epidemic has brought to the fore many social injustices; for instance, inappropriate laws. The groups of people most at risk of HIV/AIDS are women, young people, and sex workers. More appropriate laws are needed to protect their rights. In many instances sex workers are prosecuted for selling their services, but their clients are not prosecuted for seeking these services. Most people become sex workers so they can feed, clothe, and supply the basic needs for themselves and their families. Many sex workers are abandoned wives, mothers with no means of support, and poverty stricken people. A Health Ministry commission in Sweden proposed that prostitutes, clients, and pimps be prosecuted and be liable to imprisonment. Authorities in Scotland, where prostitution is illegal, have granted licenses to more than 20 clubs in Edinburgh in which sex is for sale. In the UK, the Royal College of Nursing called for a measure to decriminalize prostitution and to introduce licensed, regulated brothels. The legalization of sex clubs and brothels will occur soon in the Netherlands. In Poland, 30,000-50,000 youth, 33% of whom are underage, sell sex during holidays. Organizations are beginning to work only with male prostitutes in Belgium. In the countries of the former Soviet Union and China, prostitution is becoming more and more common. Some young girls in these countries practice currency prostitution. In almost all Asian countries except Thailand condom use is low; yet prostitution and sexually transmitted diseases are very common. Some people participate in the corrupt trade in women from Nepal to supply the sex market in Bombay, India. Sex tourism is still common in cities of Eastern Europe and the former USSR and in areas where tourism is increasing. There are more than 1 million prostitutes aged under 16 in eight Asian countries, with 400,000 in India. Sweden and the UK have taken steps to prosecute natives who have sex with children abroad. Philippine authorities are increasing their efforts to target foreigners involved in the sex trade.

Direct analysis in real time mass spectrometry for analysis of sexual assault evidence.

PubMed

Musah, Rabi A; Cody, Robert B; Dane, A John; Vuong, Angela L; Shepard, Jason R E

2012-05-15

Sexual assault crimes are vastly underreported and suffer from alarmingly low prosecution and conviction rates. The key scientific method to aid in prosecution of such cases is forensic DNA analysis, where biological evidence such as semen collected using a rape test kit is used to determine a suspect's DNA profile. However, the growing awareness by criminals of the importance of DNA in the prosecution of sexual assaults has resulted in increased condom use by assailants as a means to avoid leaving behind their DNA. Thus, other types of trace evidence are important to help corroborate victims' accounts, exonerate the innocent, link suspects to the crime, or confirm penetration. Direct Analysis in Real Time Mass Spectrometry (DART-MS) was employed for the comprehensive characterization of non-DNA trace evidence associated with sexual assault. The ambient ionization method associated with DART-MS is extremely rapid and samples are processed instantaneously, without the need for extraction, sample preparation, or other means that might compromise forensic evidence for future analyses. In a single assay, we demonstrated the ability to identify lubricant formulations associated with sexual assault, such as the spermicide nonoxynol-9, compounds used in condom manufacture, and numerous other trace components as probative evidence. In addition, the method can also serve to identify compounds within trace biological residues, such as fatty acids commonly identified in latent fingerprints. Characterization of lubricant residues as probative evidence serves to establish a connection between the victim and the perpetrator, and the availability of these details may lead to higher rates of prosecution and conviction, as well as more severe penalties. The methodology described here opens the way for the adoption of a comprehensive, rapid, and sensitive analysis for use in crime labs, while providing knowledge that can inform and guide criminal justice policy and practice. Copyright © 2012 John Wiley & Sons, Ltd.

[The investigative and adversarial process in Italy and the United States].

PubMed

Palermo, George B; Mastronardi, Vincenzo; Agostini, Susanna

2012-01-01

The structure of the US legal system, which relies on the presence of different courts to provide for the impartial administration of justice, both civil and criminal is discussed. Therefore, all the steps to conviction or acquittal of the American criminal trial, are taken into consideration. However, there is the presumption of innocence of the accused and the prosecution must prove his guilt beyond any reasonable doubt. Another important procedure in the US trial is the jury selection (voir dire), 12 jurors: 6 for the defense and 6 for the prosecution. In Italy it was observed that the autonomy of the police would squeeze the steering function of the prosecutor, and the practice of "under cover" investigation has granted an extension of police activity.

The Impact of Sexual Assault Nurse Examiner Programs on Criminal Justice Case Outcomes: A Multisite Replication Study.

PubMed

Campbell, Rebecca; Bybee, Deborah; Townsend, Stephanie M; Shaw, Jessica; Karim, Nidal; Markowitz, Jenifer

2014-05-01

To address the underreporting and underprosecution of adult sexual assaults, communities throughout the United States have implemented multidisciplinary interventions to improve postassault care for victims and the criminal justice system response. One such model is the Sexual Assault Nurse Examiner (SANE) Program, whereby specially trained nurses provide comprehensive psychological, medical, and forensic services for sexual assault. In this study, we conducted a multisite evaluation of six SANE programs (two rural programs, two serving midsized communities, two urban) to assess how implementation of SANE programs affects adult sexual assault prosecution rates. At each site, most sexual assaults reported to law enforcement were never referred by police to prosecutors or were not charged by the prosecutor's office (80%-89%). Individually, none of the sites had a statistically significant increase in prosecution rates pre-SANE to post-SANE. However, when the data were aggregated across sites, thereby increasing statistical power, there was a significant effect such that cases were more likely to be prosecuted post-SANE as compared with pre-SANE. These findings suggest that the SANE intervention model does have a positive impact on sexual assault case progression in the criminal justice system. Nevertheless, there is still a pressing need for improvement as the vast majority of both pre-SANE and post-SANE resulted in nonreferral/no charges filed. © The Author(s) 2014.

Doctors charged with manslaughter in the course of medical practice, 1795-2005: a literature review

PubMed Central

Ferner, R E; McDowell, Sarah E

2006-01-01

Objectives: To quantify the number of doctors charged with manslaughter in the course of legitimate medical practice and to classify cases, as mistakes, slips (or lapses), and violations, using a recognized classification of human error system. Design: We searched newspaper databases, Medline, Embase, and the Wellcome library catalogue to identify relevant cases from 1795 to December 2005. Setting: Medical practice in the United Kingdom. Main outcome measure: Number of doctors charged with manslaughter in the course of medical practice. Results: We identified 85 doctors charged with manslaughter since 1795. The number of doctors charged was relatively high in the mid-19th century and the inter-war years, and has dramatically increased since 1990. Sixty of the doctors were acquitted, 22 were convicted, and three pleaded guilty. Most doctors were charged as a consequence of mistakes (37) or slips (17), and a minority because of alleged violations (16). Conclusions: The number of doctors prosecuted for manslaughter has risen steeply since 1990, but the proportion of doctors convicted remains low. Prosecution for deliberately violating rules is understandable, but accounts for only a minority of these cases. Unconscious errors—mistakes and slips (or lapses)—are an inescapable consequence of human actions and prosecution of individuals is unlikely to improve patient safety. That requires improvement to the complex systems of health care. PMID:16738374

28 CFR 31.500 - Program purposes.

Code of Federal Regulations, 2010 CFR

2010-07-01

... be prosecuted and backlogs reduced; (e) Program purpose no. 5: Providing funding to enable... justice programs that target young firearms offenders through the establishment of juvenile gun courts for...

Mercury Poisoning Linked to Skin Products

MedlinePlus

... products, injunctions, and, in some situations, criminal prosecution. Dangers of Mercury Exposure to mercury can have serious health consequences. The danger isn’t just to people who use mercury- ...

78 FR 40269 - Submission for OMB Review; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-03

... examination. Affected Public: Private Sector: Businesses or other for-profits, Not-for-profit institutions..., investigation, and prosecution of individuals involved in money laundering, tax evasion, narcotics trafficking...

32 CFR 516.63 - Coordination with DOJ.

Code of Federal Regulations, 2011 CFR

2011-07-01

... PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.63 Coordination with DOJ... significant fraud and corruption cases to accomplish the following: (1) Monitor criminal prosecutions. (2...

Patient privacy and conflicting legal and ethical obligations in El Salvador: reporting of unlawful abortions.

PubMed

McNaughton, Heathe Luz; Mitchell, Ellen M H; Hernandez, Emilia G; Padilla, Karen; Blandon, Marta Maria

2006-11-01

Postabortion care providers who breach patient confidentiality endanger women's health and violate ethics. A 1998 abortion ban in El Salvador likely spurred an increase in the number of women investigated, because many women were reported to legal authorities by health care providers. Having analyzed safeguards of confidentiality in laws and ethical guidelines, we obtained information from legal records on women prosecuted from 1998 to 2003 and identified factors that may lead to reporting through a survey of obstetrician-gynecologists (n=110). Although ethical and human rights standards oblige providers to respect patients' privacy, 80% of obstetrician-gynecologists mistakenly believed reporting was required. Most respondents (86%) knew that women delay seeking care because of fear of prosecution, yet a majority (56%) participated in notification of legal authorities.

A test for mental capacity to request assisted suicide.

PubMed

Stewart, Cameron; Peisah, Carmelle; Draper, Brian

2011-01-01

The mental competence of people requesting aid-in-dying is a key issue for the how the law responds to cases of assisted suicide. A number of cases from around the common law world have highlighted the importance of competence in determining whether assistants should be prosecuted, and what they will be prosecuted for. Nevertheless, the law remains uncertain about how competence should be tested in these cases. This article proposes a test of competence that is based on the existing common law but which is tailored to cases of assisted suicide. The test will help doctors, other health professionals and lawyers determine whether the suicidal person was able to competently request assistance. Such knowledge will help to reduce some of the current uncertainty about criminal liability in cases of assisted suicide.

Public Corruption Prosecution Improvements Act

THOMAS, 112th Congress

Sen. Leahy, Patrick J. [D-VT

2011-02-17

Senate - 07/28/2011 Placed on Senate Legislative Calendar under General Orders. Calendar No. 119. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Public Corruption Prosecution Improvements Act

THOMAS, 111th Congress

Sen. Leahy, Patrick J. [D-VT

2009-01-06

Senate - 03/12/2009 Placed on Senate Legislative Calendar under General Orders. Calendar No. 32. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Piracy without Penalty.

ERIC Educational Resources Information Center

Foster, Andrea L.

2003-01-01

Outlines the confusion arising when public colleges invoke a constitutional shield when they are accused of pirating software. Some state institutions claim immunity under the 11th Amendment from prosecution for infringement of intellectual property. (SLD)

Major Drug Trafficking Prosecution Act of 2013

THOMAS, 113th Congress

Rep. Waters, Maxine [D-CA-43

2013-09-12

House - 10/15/2013 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Accountability in Deferred Prosecution Act of 2014

THOMAS, 113th Congress

Rep. Pascrell, Bill, Jr. [D-NJ-9

2014-05-01

House - 07/21/2014 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

10 CFR 1023.120 - Rules of practice.

Code of Federal Regulations, 2010 CFR

2010-01-01

... books, papers, documents, or tangible things whenever possible. (b) Procedure (1) Upon request of a... Board or otherwise indicates an intention not to continue the prosecution or defense of an appeal, the...

45 CFR 81.113 - Ex parte communications.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION PRACTICE AND PROCEDURE FOR... prosecuting function in connection with a proceeding shall communicate ex parte with the reviewing authority... connection with the proceeding. ...

32 CFR 842.42 - Delegations of authority.

Code of Federal Regulations, 2010 CFR

2010-07-01

... claims in any amount: (i) The Deputy Judge Advocate General. (ii) The Director of Civil Law. (iii) The... process, or malicious prosecution committed by an investigative or law enforcement officer. (4) On-base...

32 CFR 842.42 - Delegations of authority.

Code of Federal Regulations, 2014 CFR

2014-07-01

... claims in any amount: (i) The Deputy Judge Advocate General. (ii) The Director of Civil Law. (iii) The... process, or malicious prosecution committed by an investigative or law enforcement officer. (4) On-base...

32 CFR 842.42 - Delegations of authority.

Code of Federal Regulations, 2011 CFR

2011-07-01

... claims in any amount: (i) The Deputy Judge Advocate General. (ii) The Director of Civil Law. (iii) The... process, or malicious prosecution committed by an investigative or law enforcement officer. (4) On-base...

32 CFR 842.42 - Delegations of authority.

Code of Federal Regulations, 2012 CFR

2012-07-01

... claims in any amount: (i) The Deputy Judge Advocate General. (ii) The Director of Civil Law. (iii) The... process, or malicious prosecution committed by an investigative or law enforcement officer. (4) On-base...

32 CFR 842.42 - Delegations of authority.

Code of Federal Regulations, 2013 CFR

2013-07-01

... claims in any amount: (i) The Deputy Judge Advocate General. (ii) The Director of Civil Law. (iii) The... process, or malicious prosecution committed by an investigative or law enforcement officer. (4) On-base...

50 CFR 296.8 - Amount of award.

Code of Federal Regulations, 2011 CFR

2011-10-01

... gear. (d) Attorney, CPA, consultant fees. An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a...

50 CFR 296.8 - Amount of award.

Code of Federal Regulations, 2012 CFR

2012-10-01

... gear. (d) Attorney, CPA, consultant fees. An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a...

50 CFR 296.8 - Amount of award.

Code of Federal Regulations, 2014 CFR

2014-10-01

... gear. (d) Attorney, CPA, consultant fees. An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a...

50 CFR 296.8 - Amount of award.

Code of Federal Regulations, 2013 CFR

2013-10-01

... gear. (d) Attorney, CPA, consultant fees. An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a...

You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

PubMed

Miller, Laurence

2009-01-01

Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.

Criminal provisions of the Clean Air Act Amendments of 1990 and their interface with the United States sentencing guidelines. Master's thesis

DOE Office of Scientific and Technical Information (OSTI.GOV)

Bowen, W.P.

The growing severity of our societal response to environmental misconduct is reflected, in part, by the criminalization of environmental wrongs by both state and Federal governments. Indeed, the recently enacted Clean Air Act Amendments of 1990 continue this trend, giving the Environmental Protection Agency, via the Department of Justice, significant new criminal enforcement tools. The importance attached to law enforcement of environmental laws is a relatively recent phenomenon and took a significant upswing in 1982 when the department of Justice created what is today the Environmental Crimes Section in what is now the Environment and Natural Resources Division, which sectionmore » has grown steadily and now has over 25 attorneys who prosecute or assist in the prosecution of environmental crimes in the U.S.« less

Patient Privacy and Conflicting Legal and Ethical Obligations in El Salvador: Reporting of Unlawful Abortions

PubMed Central

McNaughton, Heathe Luz; Mitchell, Ellen M.H.; Hernandez, Emilia G.; Padilla, Karen; Blandon, Marta Maria

2006-01-01

Postabortion care providers who breach patient confidentiality endanger women’s health and violate ethics. A 1998 abortion ban in El Salvador likely spurred an increase in the number of women investigated, because many women were reported to legal authorities by health care providers. Having analyzed safeguards of confidentiality in laws and ethical guidelines, we obtained information from legal records on women prosecuted from 1998 to 2003 and identified factors that may lead to reporting through a survey of obstetrician-gynecologists (n=110). Although ethical and human rights standards oblige providers to respect patients’ privacy, 80% of obstetrician-gynecologists mistakenly believed reporting was required. Most respondents (86%) knew that women delay seeking care because of fear of prosecution, yet a majority (56%) participated in notification of legal authorities. PMID:16571690

Homicide by fright: the intersection of cardiology and criminal law.

PubMed

Flannery, Frank T; Oetgen, Catherine C; Oetgen, William J

2010-01-01

The prevailing lay wisdom associates emotional stress with sudden death, and recent medical reports have linked massive catecholamine surges with demonstrable cardiac dysfunction that can be either reversible or fatal. This association does not strictly prove causality, and the question remains open for additional scientific investigation. From the legal viewpoint, however, the issue has been resolved, and case law clearly holds that sudden emotional stress can cause death. More significantly, case law also holds that if the sudden emotional stress is caused by criminal conduct, the resulting death of a victim of the criminal conduct can be prosecuted as homicide. Cardiologists are often called to testify in such circumstances. In the present study, we have reviewed 8 legal cases that are the basis of current opinions in these matters. These legal principles can be summarized as follows: emotional stress is sufficient, and physical abuse is not required for conviction; a time-lapse between the induction of emotional stress and death does not necessarily mitigate the charge of homicide; the criminal act must be the proximate cause of the victim's death; however, the accused does not always need to be physically present to commit the crime. In conclusion, although the pathophysiology of sudden death associated with massive emotional stress has not been fully elucidated from a scientific viewpoint, in the legal system, the association can be causative and can be the basis for a criminal prosecution. Cardiologists may be called on to provide expert opinions in the prosecution of these cases.

Using ecological theory to evaluate the effectiveness of an indigenous community intervention: A study of Sexual Assault Nurse Examiner (SANE) programs.

PubMed

Campbell, Rebecca; Patterson, Debra; Fehler-Cabral, Giannina

2010-12-01

In recent years, there has been renewed interest among community psychologists in indigenous interventions, which are programs created by local practitioners (rather than researchers) already rooted in their communities. Indigenous interventions have strong ecological validity, but their effectiveness is often unknown because so few are rigorously evaluated. The goal of this project was to use Kelly and Trickett's ecological theory as a conceptual framework for evaluating an indigenous intervention and its mediating mechanisms of effectiveness. The focal intervention was a midwestern Sexual Assault Nurse Examiner (SANE) program, which provides post-assault medical care, crisis intervention, and medical forensic exams for sexual assault survivors. Prior studies of SANE programs have suggested that these interventions may help increase sexual assault prosecution rates. In this case example, we used a mixed methods design to determine if this program contributed to increased prosecution rates, and if so, why. Based on qualitative interviews with key stakeholders, we found substantial evidence for the Principle of Interdependence such that the SANE program strengthened the interconnections between the legal and medical systems, which contributed to increased prosecution. The intervention was effective in these outcomes because it promoted Cycling of Resources throughout the systems and fostered Adaptation of new roles for legal and medical personnel. Moving beyond this specific case example, this paper also examines cross-cutting advantages and struggles of using an ecological approach in the evaluation of indigenous community interventions.

Pharmacy legislation: public protector or professional hindrance?

PubMed

Langley, Christopher A

2014-01-01

Pharmacy originates from a background of medication compounding and supply. More recently, this role has developed away from an absolute focus on the supply of pharmaceuticals with, for example, the advent of pharmacist prescribing. Nevertheless, for a majority of the profession, medication supply remains a core activity. Regulation of the pharmacy profession is now the responsibility of the General Pharmaceutical Council, although up until 27 September 2010, this role fell to the Royal Pharmaceutical Society of Great Britain (RPSGB). Before this change, in one of the most high-profile legal cases involving a pharmacist in a professional capacity, R. v Lee, a pharmacist was prosecuted firstly for gross negligence manslaughter, later revised to offences under the Medicines Act 1968, for a single error relating to medication supply, and was given a suspended custodial sentence. Offences against sections 64 or 85 of the Medicines Act are absolute offences and there is no due diligence defence. Prosecution of a pharmacist for the supply of incorrect medication may seem a measured course of action to protect the public from the wrongful supply of potent pharmacotherapeutic agents; however, further analysis of Lee indicates that this approach may be counterproductive. An appeal of the original conviction in the Lee case has resulted in a clarification of the interpretation of section 85(5); however currently, prosecutions under section 64 are still a possibility. Owing to the seriousness of a criminal conviction under section 64, this continuation will potentially stifle the profession's ability to learn from dispensing errors.

Psychological counseling and accuracy of memory for child sexual abuse.

PubMed

Goodman, Gail S; Goldfarb, Deborah; Quas, Jodi A; Lyon, Alexandra

2017-12-01

Tens of thousands of child sexual abuse (CSA) cases are reported to authorities annually. Although some of the child victims obtain psychological counseling or therapy, controversy exists about the potential consequences for the accuracy of victims' memory of CSA, both in childhood and adulthood. Yet, delaying needed therapeutic intervention may have detrimental effects on the victims' well-being and recovery. To address this controversy, this study examined whether psychological counseling during a CSA prosecution predicts accuracy or inaccuracy of long-term memory for CSA. Participants (N = 71) were CSA victims who took part in a longitudinal study of memory and legal involvement. Data regarding participants' counseling attendance during the prosecution and details of their CSA cases were gathered throughout legal involvement and shortly thereafter (Time 1). Ten to 16 years later (Time 2), participants were questioned about a range of topics, including the alleged abuse. Time 1 counseling attendance significantly predicted more correct answers to abuse-related questions and (for corroborated cases) fewer overreporting responses at Time 2. Counseling was unrelated to underreporting responses. These results held even with other potential influences, such as abuse severity, victim-defendant relationship, posttraumatic stress disorder criteria met, testifying in the case, and delay, were statistically controlled. Although further research is needed, this study provides evidence that psychological counseling received by CSA victims during or shortly after prosecutions may improve later memory for abuse-related information. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

Challenges experienced by service providers in the delivery of medico-legal services to survivors of sexual violence in Kenya.

PubMed

Ajema, C; Mukoma, W; Kilonzo, N; Bwire, B; Otwombe, K

2011-05-01

While much discussion has been devoted to defining the standards of care required when offering services to survivors of sexual violence, much less attention has been given to procedures for evidence collection to allow the successful prosecution of perpetrators. In Kenya there are no comprehensive guidelines that outline the roles of the survivor, the community, health care workers, and the police with regard to the handling of forensic evidence, a deficit that contributes to delays in prosecuting, or even a failure to prosecute sex offenders. This study examines some of the obstacles in Kenya to the adequate handling of forensic evidence in sexual violence cases. It was based on in-depth interviews with respondents drawn from health facilities, police stations, civil society organizations and with the Government Chemist in three Kenyan provinces. The study's objective was to examine the existing policy requirements regarding the maintenance of an evidence chain by the health and criminal justice systems, and how effectively they are being implemented. The findings indicate that the quality of the evidence obtained by the health care workers was often deficient, depending on the time elapsed before the rape survivor reports to the health facility; the equipment available at the health facility; the age of the survivor; and the level of knowledge of the service provider regarding the types of evidence to be collected from survivors of sexual violence. Copyright © 2011 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

32 CFR 151.7 - Fair trial guarantees.

Code of Federal Regulations, 2012 CFR

2012-07-01

... not be prosecuted under an ex post facto law. (c) Accused shall not be punished by bills of attainder... the United States. The list is intended as a guide for the preparation of country law studies...

32 CFR 151.7 - Fair trial guarantees.

Code of Federal Regulations, 2010 CFR

2010-07-01

... not be prosecuted under an ex post facto law. (c) Accused shall not be punished by bills of attainder... the United States. The list is intended as a guide for the preparation of country law studies...

32 CFR 151.7 - Fair trial guarantees.

Code of Federal Regulations, 2011 CFR

2011-07-01

... not be prosecuted under an ex post facto law. (c) Accused shall not be punished by bills of attainder... the United States. The list is intended as a guide for the preparation of country law studies...

32 CFR 151.7 - Fair trial guarantees.

Code of Federal Regulations, 2013 CFR

2013-07-01

... not be prosecuted under an ex post facto law. (c) Accused shall not be punished by bills of attainder... the United States. The list is intended as a guide for the preparation of country law studies...

32 CFR 151.7 - Fair trial guarantees.

Code of Federal Regulations, 2014 CFR

2014-07-01

... not be prosecuted under an ex post facto law. (c) Accused shall not be punished by bills of attainder... the United States. The list is intended as a guide for the preparation of country law studies...

Action on Hazardous Wastes.

ERIC Educational Resources Information Center

EPA Journal, 1979

1979-01-01

U.S. EPA is gearing up to investigate about 300 hazardous waste dump sites per year that could pose an imminent health hazard. Prosecutions are expected to result from the priority effort at investigating illegal hazardous waste disposal. (RE)

78 FR 58861 - Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-25

... the United States Government; (4) has as its primary objective the improvement of Zimbabwe's legal system, including in areas that impact Zimbabwe's ability to investigate and prosecute trafficking cases...

15 CFR 904.400 - Purpose and scope.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Written Warnings § 904.400 Purpose and scope. This subpart sets forth the policy and procedures governing... penalty or initiating criminal prosecution for violation of any of the laws cited in § 904.1(c). ...

20 CFR 327.15 - Reasonable efforts to obtain work.

Code of Federal Regulations, 2011 CFR

2011-04-01

... claimant. (b) Failure to comply with requirement. When the office of the Board which is adjudicating claims...) Responding to appropriate “want ads” for work which appears suitable for him; (5) Actively prosecuting his...

20 CFR 327.15 - Reasonable efforts to obtain work.

Code of Federal Regulations, 2012 CFR

2012-04-01

... claimant. (b) Failure to comply with requirement. When the office of the Board which is adjudicating claims...) Responding to appropriate “want ads” for work which appears suitable for him; (5) Actively prosecuting his...

20 CFR 327.15 - Reasonable efforts to obtain work.

Code of Federal Regulations, 2014 CFR

2014-04-01

... claimant. (b) Failure to comply with requirement. When the office of the Board which is adjudicating claims...) Responding to appropriate “want ads” for work which appears suitable for him; (5) Actively prosecuting his...

20 CFR 327.15 - Reasonable efforts to obtain work.

Code of Federal Regulations, 2013 CFR

2013-04-01

... claimant. (b) Failure to comply with requirement. When the office of the Board which is adjudicating claims...) Responding to appropriate “want ads” for work which appears suitable for him; (5) Actively prosecuting his...

20 CFR 327.15 - Reasonable efforts to obtain work.

Code of Federal Regulations, 2010 CFR

2010-04-01

... claimant. (b) Failure to comply with requirement. When the office of the Board which is adjudicating claims...) Responding to appropriate “want ads” for work which appears suitable for him; (5) Actively prosecuting his...

19 CFR 12.103 - Report to the U.S. Attorney.

Code of Federal Regulations, 2010 CFR

2010-04-01

... TREASURY SPECIAL CLASSES OF MERCHANDISE Switchblade Knives § 12.103 Report to the U.S. Attorney. Should... consideration of criminal prosecution. The port director shall hold the seized switchblade knives intact pending...

Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010

THOMAS, 111th Congress

Rep. McKeon, Howard P. "Buck" [R-CA-25

2010-03-19

House - 04/26/2010 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

76 FR 35091 - Continuation of the National Emergency With Respect to the Actions and Policies of Certain...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-15

... violence against peaceful demonstrators; the continuing detention, prosecution, and imprisonment of opposition Presidential candidates and others; and the continuing repression of independent media and civil...

78 FR 14415 - Agency Information Collection Activities; Comment Request of the Proposed Changes to the Report...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-05

... protect against international terrorism, and to implement counter-money laundering programs and compliance... identification, investigation, and prosecution of individuals involved in money laundering, the financing of...

12 CFR 219.21 - Authority, purpose and scope.

Code of Federal Regulations, 2010 CFR

2010-01-01

... amended by the Annunzio-Wylie Anti-Money Laundering Act of 1992 (Pub. L. 102-550, Title XV; 106 Stat. 3672... recordkeeping and reporting requirements will assist in the prosecution of money laundering activities and are...

Paul Zukunft « Coast Guard Compass

Science.gov Websites

and Maritime Transportation The Coast Guard had a banner year of counter-drug operations in 2016. All suspected drug smugglers were detained and brought to the United States for prosecution. Coast Guard

77 FR 19957 - OPSAIL 2012 Virginia, Port of Hampton Roads, VA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-03

... penalties up to $40,000 or face criminal prosecution. We recommend that vessel operators visiting the Port... regulations are designed to ensure such transit is conducted in a safe and orderly fashion. Small Entities...

31 CFR 560.509 - Certain transactions related to patents, trademarks and copyrights authorized.

Code of Federal Regulations, 2012 CFR

2012-07-01

... protection in the United States or Iran are authorized: (1) The filing and prosecution of any application to... Iran directly connected to such intellectual property protection; (2) The receipt of a patent...

31 CFR 560.509 - Certain transactions related to patents, trademarks and copyrights authorized.

Code of Federal Regulations, 2010 CFR

2010-07-01

... protection in the United States or Iran are authorized: (1) The filing and prosecution of any application to... Iran directly connected to such intellectual property protection; (2) The receipt of a patent...

31 CFR 560.509 - Certain transactions related to patents, trademarks and copyrights authorized.

Code of Federal Regulations, 2011 CFR

2011-07-01

... protection in the United States or Iran are authorized: (1) The filing and prosecution of any application to... Iran directly connected to such intellectual property protection; (2) The receipt of a patent...

77 FR 2689 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-19

...; (8) A grand jury pursuant either to a Federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the...

42 CFR 51.45 - Confidentiality of protection and advocacy system records.

Code of Federal Regulations, 2011 CFR

2011-10-01

... information contained in any automated electronic database pertaining to: (i) Clients to the same extent as is... criminal prosecution. (c) For purposes of any periodic audit, report, or evaluation of the performance of...

Extending the scope of wilful neglect will result in paternalistic nursing care.

PubMed

Griffith, Richard

The recommendation that the criminal offence of wilful neglect be extended to protect all patient groups may seem a proactive way for the Government to begin to restore public confidence in nursing following the Mid Staffordshire NHS Trust Inquiry. However, the experience of the courts hearing cases of wilful neglect in relation to adults who lack capacity show that they are complex trials and, despite several appeals, still lack clear guidance that nurses can apply in practice to avoid prosecution while still promoting the autonomy of patients. In this article the author reviews recent cases of wilful neglect to come before the Court of Appeal and argues that rather than offering protection to patients, criminalising a failure to act is more likely to result in paternalistic interventions, with nurses insisting on providing care because they fear prosecution if they fail to do so.

Final report of the independent counsel for Iran/Contra matters. Volume 1: Investigations and prosecutions

DOE Office of Scientific and Technical Information (OSTI.GOV)

Walsh, L.E.

1993-08-04

In October and November 1986, two secret U.S. Government operations were publicly exposed, potentially implicating Reagan Administration officials in illegal activities. These operations were the provision of assistance to the military activities of the Nicaraguan contra rebels during an October 1984 to October 1986 prohibition on such aid, and the sale of U.S. arms to Iran in contravention of stated U.S. policy and in possible violation of arms-export controls. In late November 1986, Reagan Administration officials announced that some of the proceeds from the sale of U.S. arms to Iran had been diverted to the contras. As a result ofmore » the exposure of these operations, Attorney General Edwin Meese III sought the appointment of an independent counsel to investigate and, if necessary, prosecute possible crimes arising from them. This is the final report of that investigation.« less

An Op-Ed concerning steroids and the law: how the Internet has changed illegal drug trade and its prosecution.

PubMed

Adams, Jill U

2010-06-01

Athletes take anabolic steroids to increase strength, build muscle, and improve performance, even though the practice is banned by many athletic organizations and can cause serious adverse effects. State and federal laws regulate the sale and distribution of anabolic steroids to restrict their use, and yet, the Internet has become a world-flattening promoter of easy access to the drugs. While scientists continue to study the potential therapeutic and toxic effects of steroid drugs, prosecutors endeavor to uphold the laws in the slippery online environment. Here's the story of Albany County District Attorney's Office efforts to prosecute illegal online drug sales in 2000s. The discoveries of prosecutors and scientists alike should help inform policy makers of how best to manage the problem that anabolic steroids present to society. Copyright 2010 Elsevier Inc. All rights reserved.

[Expertise test in the new Civil Prosecution Law (Law 1/2000)].

PubMed

Laborda Calvo, E

2004-12-01

Expertise test was the object of many controversies in the previous Civil Prosecution Law (CPL) from the way of naming the experts to the difficulties in the receiving payment. The new CPL uses the social process as model and provides civil justice with an agile and guaranteeing procedure. The CPL provides the expert test with a greater amplitude and new range, and should be used at the time of the lawsuit and openly seen. The experts should assume the defense of their arguments and be subjected to the objections of the contrary party. The expert's test becomes a mixed documental and personal test. It also modifies the way of naming the experts and the acceptance that may condition the allocation of funds in the amount considered necessary. The objection is limited to the experts named judicially, it being possible to eliminate them, however, the reason for it should be justified.

The bribery statute: a new weapon against Medicare fraud.

PubMed

Cozort, L A

2001-03-01

A May 2000 U.S. Supreme Court decision determining when a Federal bribery statute can be used to fight Medicare fraud has ramifications for healthcare providers. In Fischer v. United States, the Court concluded that healthcare providers that participate in Medicare are considered to receive benefits as set forth in the bribery statute and thus can be prosecuted for fraudulent activities against the government under the statute. The statute mandates a fine, imprisonment for up to 10 years, or both for anyone convicted under it. Provider organizations that receive Medicare payments and business associates of such organizations should be aware that the government may step up its use of the bribery law in prosecuting fraudulent activity. In addition, although the case pertained specifically to healthcare providers that participate in Medicare, providers that do not participate in Medicare may wish to evaluate the advisability of accepting other Federal funding because of the possible reach of the bribery statute.

Psychiatry and the death penalty.

PubMed

Scott, Charles L

2006-09-01

Psychiatrists conducting forensic evaluations of defendants facing a potential death penalty must understand the legal and ethical parameters governing these assessments in addition to the important clinical issues. Important areas to review with each defendant include the role of the evaluator, the party requesting the evaluation, circumstances in which the evaluation is not confidential, the nature, scope, and purpose of the evaluation, and the parties to whom the results of the evaluation are to be forwarded. In those circumstances in which the defense attorney has not retained the psychiatrist, the defendant's attorney must be aware that an evaluation has been ordered by the court or requested by the prosecution. The psychiatrist also must be prepared for passionate challenges to their findings from the defense or prosecution and in some instances for vigorous attacks on their own personal ethics. To weather such storms, the mental health evaluator must base their opinion on objective evidence rather than letting any personal bias guide their assessment.

Patents in Nanobiotechnology: A Cross Jurisdictional Approach.

PubMed

Manchikanti, Padmavati; Uppala, Shailaja; Bonta, Ramesh Kumar

2017-01-01

Bionanomaterials create new opportunities for advancing medical sciences and diseases treatment in relation to human health care. Innovations in the use of such nanomaterials and nanodevices can lead to significant improvements in the use of drugs/devices. The present study attempts to analyse patenting trends in different areas and compare the patentability criteria and the disclosure norms for nanobiotechnology inventions in countries such as US, EU and India in the field of diagnostics and therapeutics. Nanobiotechnology patents were identified based on the search using IPC/CPC as well as keywords conducted on Relecura (a web-based patent and portfolio analysis platform). Growth of filing/ grants and by area was analysed. Comparative analysis of the patentability criteria was done to identify challenges in prosecution of nanobiotechnology applications. US, China, followed by Europe are top patent filing countries in nanobiotechnology. Topic maps indicate medicinal preparations to be the major area of patenting. There is an increase in patenting in BRIC since 2000. The assessment of novelty, inventive step and specific disclosure norms in different jurisdictions related to nanobiotechnology inventions reveal challenges in patent prosecution. 79% of the overall nanobiotechnology patents are from the medicinal preparation area followed by a significant number in case of diagnostic and surgical applications. The upward trend in patenting indicates to the potential of inventions in the field of diagnostics. The development of objective and subjective criteria with respect to patentability indicates to elaborate patent office practice and prosecution in this area. Copyright© Bentham Science Publishers; For any queries, please email at epub@benthamscience.org.

25 CFR 1000.272 - Do Tribes/Consortia need to be aware of areas which FTCA does not cover?

Code of Federal Regulations, 2010 CFR

2010-04-01

... imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, unless otherwise authorized by 28 U.S.C. 2680(h). (b) What...

Model enforcement program against suspended and revoked drivers : guidelines for motor vehicle administrators.

DOT National Transportation Integrated Search

1985-01-01

To develop more effective countermeasures for the detection/prosecution of suspended/revoked drivers who continue to drive, the National Highway Traffic Safety Administration (NHTSA) contracted with the American Association of Motor Vehicle Administr...

Organized Retail Theft Investigation and Prosecution Act of 2010

THOMAS, 111th Congress

Rep. Scott, Robert C. "Bobby" [D-VA-3

2010-07-29

Senate - 09/29/2010 Received in the Senate and Read twice and referred to the Committee on the Judiciary. (All Actions) Tracker: This bill has the status Passed HouseHere are the steps for Status of Legislation:

77 FR 27446 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2012-05-10

... jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the subpoena or request has...

78 FR 76286 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-17

... components; (7) A grand jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the...

77 FR 56623 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-13

... its components; (7) A grand jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where...

76 FR 35071 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-15

... proceeding; (6) A grand jury pursuant either to a Federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the...

Effectiveness of Child Advocacy Centers and the multidisciplinary team approach on prosecution rates of alleged sex offenders and satisfaction of non-offending caregivers with allegations of child sexual abuse: a systematic review.

PubMed

Nwogu, Ngozi N; Agrawal, Lynet; Chambers, Stephanie; Buagas, Archiel B; Daniele, Rose Mary; Singleton, Joanne K

2016-01-15

Child sexual abuse is a multifaceted issue that negatively affects the lives of millions of children worldwide. These children suffer numerous medical and psychological long-term adverse effects both in childhood and adulthood. It is imperative to implement evidence- based interventions for the investigation of this crime. The use of Child Advocacy Centers and the multidisciplinary team approach may improve the investigation of child sexual abuse. To evaluate the effectiveness of Child Advocacy Centers and the multidisciplinary team approach on prosecution rates of alleged sex offenders and satisfaction of non-offending caregivers of children less than 18 years of age, with allegations of child sexual abuse. Children under 18 years, of any race, ethnicity or gender with allegations of child sexual abuse. Other participants included in this review are non-offending caregivers of children with allegations of child sexual abuse, and alleged sex offenders. Type of intervention : The use of Child Advocacy Centers and the multidisciplinary team approach on child sexual abuse investigations. Types of outcomes : Prosecution rates of alleged sex offenders and the satisfaction of non-offending caregivers of children with allegations of child sexual abuse. Types of studies: This review includes quasi-experimental and descriptive studies. The search strategy aimed to find published and unpublished articles in the English language published from 1985 through April 2015 for inclusion. The databases searched include: PubMed, CINAHL, EMBASE, PsycINFO, Cochrane Central Register of Controlled Trials (CENTRAL), Health Source: Nursing/Academic Edition, Criminal Justice Periodicals, ProQuest Dissertations & Theses and Criminal Justice Collections. An additional grey literature search was conducted. Two reviewers evaluated the included studies for methodological quality using standardized critical appraisal instruments from the Joanna Briggs Institute. Data were extracted using standardized data extraction instruments from the Joanna Briggs Institute. Due to heterogeneity between the included studies, statistical meta-analysis was not possible. Results are presented in a narrative form. The use of Child Advocacy Centers and the multidisciplinary team approach in child sexual abuse investigation may have positive benefits in increasing non-offending caregivers' satisfaction and prosecution rates of alleged sex offenders. Utilization of Child Advocacy Centers and the multidisciplinary team approach for child sexual abuse investigations may be beneficial in improving prosecution rates and the experiences of families involved. The use of satisfaction surveys for non-offending caregivers may be an effective tool to evaluate the satisfaction with services rendered by Child Advocacy Centers. Findings from this review may help to guide reforms. It is hoped that client satisfaction may lead to or improve utilization of services important for the healing process of victims of abuse. Child Advocacy Center multidisciplinary team interventions may improve prosecution rates and satisfaction of non-offending caregiver’ in children less than 18 years of age with allegations of child sexual abuse (Grade B). When available, children with allegations of child sexual abuse should be referred to Child Advocacy Centers for evaluation (Grade B). The use of non-offending caregiver satisfaction survey is recommended to evaluate the ongoing effectiveness of the Child Advocacy Centers multidisciplinary team approach. The quality improvement process will help measure the quality of care rendered by a Child Advocacy Centers and identify areas in need of improvement so a Child Advocacy Centers can continue to provide optimal care in the investigation of child sexual abuse while improving the utilization of services important for the healing process for victims of abuse (Grade B). Future studies may consider interventions that include greater sample size and more diverse ethnic groups to promote generalizability of findings. The Joanna Briggs Institute.

32 CFR 153.4 - Responsibilities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... General Counsel of the Department of Defense shall provide initial coordination and liaison with the... lead to successful prosecutions and, therefore, these cases warrant close coordination and cooperation... primary point of contact for DoD personnel regarding all investigations that may lead to criminal...

32 CFR 153.4 - Responsibilities.

Code of Federal Regulations, 2014 CFR

2014-07-01

... General Counsel of the Department of Defense shall provide initial coordination and liaison with the... lead to successful prosecutions and, therefore, these cases warrant close coordination and cooperation... primary point of contact for DoD personnel regarding all investigations that may lead to criminal...

32 CFR 153.4 - Responsibilities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... General Counsel of the Department of Defense shall provide initial coordination and liaison with the... lead to successful prosecutions and, therefore, these cases warrant close coordination and cooperation... primary point of contact for DoD personnel regarding all investigations that may lead to criminal...

32 CFR 153.4 - Responsibilities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... General Counsel of the Department of Defense shall provide initial coordination and liaison with the... lead to successful prosecutions and, therefore, these cases warrant close coordination and cooperation... primary point of contact for DoD personnel regarding all investigations that may lead to criminal...

3 CFR 9031 - Proclamation 9031 of September 30, 2013. National Domestic Violence Awareness Month, 2013

Code of Federal Regulations, 2014 CFR

2014-01-01

... violence and sexual assault, and empowers tribal courts to prosecute those who commit domestic violence on... and counseling with no copayments or cost sharing. Millions will have the chance to sign up for...

Bahrain: Reform, Security, and U.S. Policy

DTIC Science & Technology

2012-08-13

Nabeel Rajab, was summoned before the military court prosecuting alleged agitators. (On February 19, 2012, Matar was acquitted of all charges; Nabeel ...not dropped charges against persons practicing peaceful expression. Prominent activist Nabeel Rajab is serving a three month sentence for critical

29 CFR 790.21 - Time for bringing employee suits.

Code of Federal Regulations, 2011 CFR

2011-07-01

...”: 132 Reid v. Solar Corp., 69 F. Supp. 626 (N.D. Iowa); Mid-Continent Petroleum Corp. v. Keen, 157 F... his power to prosecute or to preserve his claim. Bauserman v. Blunt, 147 U.S. 647, 657; Smith v...

29 CFR 790.21 - Time for bringing employee suits.

Code of Federal Regulations, 2014 CFR

2014-07-01

...”: 132 Reid v. Solar Corp., 69 F. Supp. 626 (N.D. Iowa); Mid-Continent Petroleum Corp. v. Keen, 157 F... his power to prosecute or to preserve his claim. Bauserman v. Blunt, 147 U.S. 647, 657; Smith v...

29 CFR 790.21 - Time for bringing employee suits.

Code of Federal Regulations, 2010 CFR

2010-07-01

...”: 132 Reid v. Solar Corp., 69 F. Supp. 626 (N.D. Iowa); Mid-Continent Petroleum Corp. v. Keen, 157 F... his power to prosecute or to preserve his claim. Bauserman v. Blunt, 147 U.S. 647, 657; Smith v...

29 CFR 790.21 - Time for bringing employee suits.

Code of Federal Regulations, 2012 CFR

2012-07-01

...”: 132 Reid v. Solar Corp., 69 F. Supp. 626 (N.D. Iowa); Mid-Continent Petroleum Corp. v. Keen, 157 F... his power to prosecute or to preserve his claim. Bauserman v. Blunt, 147 U.S. 647, 657; Smith v...

29 CFR 790.21 - Time for bringing employee suits.

Code of Federal Regulations, 2013 CFR

2013-07-01

...”: 132 Reid v. Solar Corp., 69 F. Supp. 626 (N.D. Iowa); Mid-Continent Petroleum Corp. v. Keen, 157 F... his power to prosecute or to preserve his claim. Bauserman v. Blunt, 147 U.S. 647, 657; Smith v...

37 CFR 11.5 - Register of attorneys and agents in patent matters; practice before the Office.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., preparing and prosecuting any patent application, consulting with or giving advice to a client in... in trademark matters includes, but is not limited to, consulting with or giving advice to a client in...

37 CFR 11.5 - Register of attorneys and agents in patent matters; practice before the Office.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., preparing and prosecuting any patent application, consulting with or giving advice to a client in... in trademark matters includes, but is not limited to, consulting with or giving advice to a client in...

21 CFR 1230.35 - Hearings.

Code of Federal Regulations, 2013 CFR

2013-04-01

... POISON ACT Administrative Procedures § 1230.35 Hearings. Whenever it appears from the inspection, analysis, or test of any container that the provisions of section 3 or 6 of the Federal Caustic Poison Act... prosecution as a violation of the Federal Caustic Poison Act. ...

21 CFR 1230.35 - Hearings.

Code of Federal Regulations, 2012 CFR

2012-04-01

... POISON ACT Administrative Procedures § 1230.35 Hearings. Whenever it appears from the inspection, analysis, or test of any container that the provisions of section 3 or 6 of the Federal Caustic Poison Act... prosecution as a violation of the Federal Caustic Poison Act. ...

21 CFR 1230.35 - Hearings.

Code of Federal Regulations, 2010 CFR

2010-04-01

... POISON ACT Administrative Procedures § 1230.35 Hearings. Whenever it appears from the inspection, analysis, or test of any container that the provisions of section 3 or 6 of the Federal Caustic Poison Act... prosecution as a violation of the Federal Caustic Poison Act. ...

32 CFR 635.30 - Establishing domestic violence Memoranda of Understanding.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Establishing domestic violence Memoranda of... Establishing domestic violence Memoranda of Understanding. (a) Coordination between military law enforcement..., especially concerning domestic violence investigations, arrests, and prosecutions involving military...

32 CFR 536.45 - Statutory exceptions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... employee of the government, whether or not the discretion is abused. This exclusion does not apply to a... imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, except for acts or omissions of investigation of law...

25 CFR 900.183 - Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?

Code of Federal Regulations, 2010 CFR

2010-04-01

..., battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, unless otherwise authorized by 28 U.S.C. 2680(h...

22 CFR 181.8 - Publication.

Code of Federal Regulations, 2014 CFR

2014-04-01

..., operational, and technical assistance in developing and modernizing the civil aviation infrastructure; and (b... civil or criminal investigations or prosecutions; (7) Bilateral mapping agreements; (8) Tariff and other... Adviser for Treaty Affairs shall annually submit to Congress a report that contains an index of all...

22 CFR 181.8 - Publication.

Code of Federal Regulations, 2012 CFR

2012-04-01

..., operational, and technical assistance in developing and modernizing the civil aviation infrastructure; and (b... civil or criminal investigations or prosecutions; (7) Bilateral mapping agreements; (8) Tariff and other... Adviser for Treaty Affairs shall annually submit to Congress a report that contains an index of all...

22 CFR 181.8 - Publication.

Code of Federal Regulations, 2013 CFR

2013-04-01

..., operational, and technical assistance in developing and modernizing the civil aviation infrastructure; and (b... civil or criminal investigations or prosecutions; (7) Bilateral mapping agreements; (8) Tariff and other... Adviser for Treaty Affairs shall annually submit to Congress a report that contains an index of all...

22 CFR 181.8 - Publication.

Code of Federal Regulations, 2011 CFR

2011-04-01

..., operational, and technical assistance in developing and modernizing the civil aviation infrastructure; and (b... civil or criminal investigations or prosecutions; (7) Bilateral mapping agreements; (8) Tariff and other... Adviser for Treaty Affairs shall annually submit to Congress a report that contains an index of all...

An Integrating Framework for Interdisciplinary Military Analyses

DTIC Science & Technology

2017-04-01

Effectiveness, System Performance, Task Prosecution, War Gaming 16. SECURITY CLASSIFICATION OF: 17. LIMITATION OF ABSTRACT 18. NUMBER OF PAGES...and space for every play of the game . Called plays can be compared to collective tasks with each player responsible for executing one or more

"Tighten-up" on Prosecution of Vandals

ERIC Educational Resources Information Center

Hill, Frederick W.

1974-01-01

The author feels that vandals should feel the full weight of social disapproval of their acts, that equipment and facilities designed to guard confidential material must be given greater consideration, and that school business officials should speed up bill payments to vendors. (Author/MLF)

25 CFR 166.802 - Who can enforce this subpart?

Code of Federal Regulations, 2011 CFR

2011-04-01

... Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAND AND WATER GRAZING PERMITS Trespass § 166... subpart. Additionally, if the tribe so requests, we will defer to tribal prosecution of trespass on Indian... Indian tribes with respect to trespass. Notification ...

25 CFR 166.802 - Who can enforce this subpart?

Code of Federal Regulations, 2013 CFR

2013-04-01

... Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAND AND WATER GRAZING PERMITS Trespass § 166... subpart. Additionally, if the tribe so requests, we will defer to tribal prosecution of trespass on Indian... Indian tribes with respect to trespass. Notification ...

25 CFR 166.802 - Who can enforce this subpart?

Code of Federal Regulations, 2012 CFR

2012-04-01

... Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAND AND WATER GRAZING PERMITS Trespass § 166... subpart. Additionally, if the tribe so requests, we will defer to tribal prosecution of trespass on Indian... Indian tribes with respect to trespass. Notification ...

25 CFR 166.802 - Who can enforce this subpart?

Code of Federal Regulations, 2014 CFR

2014-04-01

... Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAND AND WATER GRAZING PERMITS Trespass § 166... subpart. Additionally, if the tribe so requests, we will defer to tribal prosecution of trespass on Indian... Indian tribes with respect to trespass. Notification ...

5 CFR 5501.108 - Exception to the prohibition against assisting in the prosecution of claims against, or acting as...

Code of Federal Regulations, 2011 CFR

2011-01-01

... Administrative Personnel DEPARTMENT OF HEALTH AND HUMAN SERVICES SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES § 5501.108 Exception to the prohibition against...

5 CFR 5501.108 - Exception to the prohibition against assisting in the prosecution of claims against, or acting as...

Code of Federal Regulations, 2010 CFR

2010-01-01

... Administrative Personnel DEPARTMENT OF HEALTH AND HUMAN SERVICES SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES § 5501.108 Exception to the prohibition against...

5 CFR 5501.108 - Exception to the prohibition against assisting in the prosecution of claims against, or acting as...

Code of Federal Regulations, 2014 CFR

2014-01-01

... Administrative Personnel DEPARTMENT OF HEALTH AND HUMAN SERVICES SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES § 5501.108 Exception to the prohibition against...

5 CFR 5501.108 - Exception to the prohibition against assisting in the prosecution of claims against, or acting as...

Code of Federal Regulations, 2013 CFR

2013-01-01

... Administrative Personnel DEPARTMENT OF HEALTH AND HUMAN SERVICES SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES § 5501.108 Exception to the prohibition against...

5 CFR 5501.108 - Exception to the prohibition against assisting in the prosecution of claims against, or acting as...

Code of Federal Regulations, 2012 CFR

2012-01-01

... Administrative Personnel DEPARTMENT OF HEALTH AND HUMAN SERVICES SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES § 5501.108 Exception to the prohibition against...

36 CFR 1275.16 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... pictures, sound and video recordings, machine-readable media, plats, maps, models, pictures, works of art... retained or appropriate for retention as evidence of or information about these powers or duties. Included... Activities or the Watergate Special Prosecution Force; or (2) Are circumscribed in the Articles of...

36 CFR 1275.16 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... pictures, sound and video recordings, machine-readable media, plats, maps, models, pictures, works of art... retained or appropriate for retention as evidence of or information about these powers or duties. Included... Activities or the Watergate Special Prosecution Force; or (2) Are circumscribed in the Articles of...

36 CFR 1275.16 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... pictures, sound and video recordings, machine-readable media, plats, maps, models, pictures, works of art... retained or appropriate for retention as evidence of or information about these powers or duties. Included... Activities or the Watergate Special Prosecution Force; or (2) Are circumscribed in the Articles of...

36 CFR 1275.16 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... pictures, sound and video recordings, machine-readable media, plats, maps, models, pictures, works of art... retained or appropriate for retention as evidence of or information about these powers or duties. Included... Activities or the Watergate Special Prosecution Force; or (2) Are circumscribed in the Articles of...

7 CFR 202.40 - Proceedings prior to reporting for criminal prosecution.

Code of Federal Regulations, 2010 CFR

2010-01-01

... (CONTINUED) FEDERAL SEED ACT FEDERAL SEED ACT RULES OF PRACTICE Rules Applicable to Other Proceedings § 202... designated by the Director and it shall be given within a time not to exceed 10 days after the date of the...

7 CFR 202.40 - Proceedings prior to reporting for criminal prosecution.

Code of Federal Regulations, 2011 CFR

2011-01-01

... (CONTINUED) FEDERAL SEED ACT FEDERAL SEED ACT RULES OF PRACTICE Rules Applicable to Other Proceedings § 202... designated by the Director and it shall be given within a time not to exceed 10 days after the date of the...

7 CFR 202.40 - Proceedings prior to reporting for criminal prosecution.

Code of Federal Regulations, 2014 CFR

2014-01-01

... (CONTINUED) FEDERAL SEED ACT FEDERAL SEED ACT RULES OF PRACTICE Rules Applicable to Other Proceedings § 202... designated by the Director and it shall be given within a time not to exceed 10 days after the date of the...

7 CFR 202.40 - Proceedings prior to reporting for criminal prosecution.

Code of Federal Regulations, 2012 CFR

2012-01-01

... (CONTINUED) FEDERAL SEED ACT FEDERAL SEED ACT RULES OF PRACTICE Rules Applicable to Other Proceedings § 202... designated by the Director and it shall be given within a time not to exceed 10 days after the date of the...

7 CFR 202.40 - Proceedings prior to reporting for criminal prosecution.

Code of Federal Regulations, 2013 CFR

2013-01-01

... (CONTINUED) FEDERAL SEED ACT FEDERAL SEED ACT RULES OF PRACTICE Rules Applicable to Other Proceedings § 202... designated by the Director and it shall be given within a time not to exceed 10 days after the date of the...

32 CFR 320.12 - Exemptions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY (NGA) PRIVACY § 320.12 Exemptions. (a) Exempt systems of record. All systems of records maintained by the NGA and its components shall be exempt from the requirements... the investigation or prosecutable interest by the NGA or other agencies. This could seriously...

77 FR 2692 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-19

... of Management and Budget (OMB) Circular A-130, Appendix I, ``Federal Agency Responsibility for...; individuals interacting with DOC employees or management; current, former, and prospective DOC [[Page 2693... determination relative to criminal prosecution, civil, or administrative action; general case management...

32 CFR 326.17 - Exemptions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... prosecutable interest by NRO or other agencies. This could seriously compromise case preparation by prematurely... investigation and impede case preparation. Providing access rights normally afforded under the Privacy Act would... reach in order to satisfy any Government claim growing out of the investigation or proceeding. (iii...

17 CFR 38.701 - Enforcement staff.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Enforcement staff. 38.701... MARKETS Disciplinary Procedures § 38.701 Enforcement staff. A designated contract market must establish and maintain sufficient enforcement staff and resources to effectively and promptly prosecute possible...

17 CFR 38.701 - Enforcement staff.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 17 Commodity and Securities Exchanges 1 2013-04-01 2013-04-01 false Enforcement staff. 38.701... MARKETS Disciplinary Procedures § 38.701 Enforcement staff. A designated contract market must establish and maintain sufficient enforcement staff and resources to effectively and promptly prosecute possible...

28 CFR 90.19 - State office.

Code of Federal Regulations, 2011 CFR

2011-07-01

... family violence and sexual assault prosecution, prevention, treatment, education, and research activities... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP (Services ⢠Training ⢠Officers ⢠Prosecutors) Violence Against Women Formula Grant Program § 90.19 State office. (a...

28 CFR 90.19 - State office.

Code of Federal Regulations, 2014 CFR

2014-07-01

... family violence and sexual assault prosecution, prevention, treatment, education, and research activities... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP (Services ⢠Training ⢠Officers ⢠Prosecutors) Violence Against Women Formula Grant Program § 90.19 State office. (a...

28 CFR 90.19 - State office.

Code of Federal Regulations, 2012 CFR

2012-07-01

... family violence and sexual assault prosecution, prevention, treatment, education, and research activities... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP (Services ⢠Training ⢠Officers ⢠Prosecutors) Violence Against Women Formula Grant Program § 90.19 State office. (a...

28 CFR 90.19 - State office.

Code of Federal Regulations, 2013 CFR

2013-07-01

... family violence and sexual assault prosecution, prevention, treatment, education, and research activities... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP (Services ⢠Training ⢠Officers ⢠Prosecutors) Violence Against Women Formula Grant Program § 90.19 State office. (a...

Can we prevent doctors being complicit in torture? Breaking the serpent's egg.

PubMed

O'Connor, Mike

2009-12-01

A significant minority of the tortured prisoners who survive report that a doctor was present during their torture. Yet few medical practitioners are ever criminally prosecuted or even disciplined by their regulatory bodies. Can such gross violations of the Hippocratic Code be so easily ignored or are these doctors carefully shielded from detection and prosecution by a grateful state? Mostly doctors act to vet prisoners for their capacity to withstand the torture or resuscitate them to allow torture and interrogation to continue. However, on occasion, the "healers" may be the actual torturers as happened in Russian psychoprisons in the latter part of the 20th century. This article argues that the de facto immunity which complicit doctors currently appear to enjoy must be stripped away and replaced by effective processes to detect and then prosecute criminal behaviour. This will require widespread reporting of cases and action by international bodies, including non-government organisations. Prevention is clearly preferable and this will require improvements in undergraduate and graduate medical education about international humanitarian and human rights law. There is evidence that many medical faculties pay scant attention to this education and their students graduate with serious flaws in their understanding and attitudes towards human rights. Education should target "doctors at risk" in prisons, armed forces and the police. It should address professional behaviour which tolerates or even protects cultures of abuse. A code of professional conduct would assist "doctors at risk" to resist overtures for them to become complicit in torture, Medical Practice Acts should include statements on respecting human rights when defining good professional conduct. Doctors who become complicit in torture betray their profession. Swift action should be taken to stop such abuses and perpetrators should receive strong disciplinary action from regulatory bodies.

14 CFR 13.23 - Criminal penalties.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 1 2014-01-01 2014-01-01 false Criminal penalties. 13.23 Section 13.23 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES... Department of Justice for criminal prosecution of the offender. If such an inspector or other employee...

14 CFR 13.23 - Criminal penalties.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 1 2011-01-01 2011-01-01 false Criminal penalties. 13.23 Section 13.23 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES... Department of Justice for criminal prosecution of the offender. If such an inspector or other employee...

14 CFR 13.23 - Criminal penalties.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 14 Aeronautics and Space 1 2012-01-01 2012-01-01 false Criminal penalties. 13.23 Section 13.23 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES... Department of Justice for criminal prosecution of the offender. If such an inspector or other employee...

14 CFR 13.23 - Criminal penalties.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 1 2013-01-01 2013-01-01 false Criminal penalties. 13.23 Section 13.23 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES... Department of Justice for criminal prosecution of the offender. If such an inspector or other employee...

14 CFR 13.23 - Criminal penalties.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Criminal penalties. 13.23 Section 13.23 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES... Department of Justice for criminal prosecution of the offender. If such an inspector or other employee...

New Damage Remedies for Violations of Constitutional Rights.

ERIC Educational Resources Information Center

Russell, Billy W.

1979-01-01

Examines the concept of sovereign (governmental) immunity from prosecution for violating citizens' civil liberties. Attention is given to immunity under 42 U.S.C.A. Section 1983 and under the Constitution. Available from Baylor University Law School, Waco, Texas 76703; sc $4.00. (IRT)

12 CFR 309.6 - Disclosure of exempt records.

Code of Federal Regulations, 2010 CFR

2010-01-01

... her discretion and for good cause, disclose exempt records, including customer financial records, to..., which may contain customer financial records, may be disclosed to federal or state prosecuting or investigatory authorities without giving notice to the customer, as permitted in the relevant exceptions of the...

Breath test refusals and DWI prosecution : traffic tech.

DOT National Transportation Integrated Search

2012-08-01

There are typically about 1.4 million DWI (driving while : impaired) arrests each year in the United States. An officers : request to a driver for a breath (or blood, or urine) test is an : important part of the arrest process. The percentage of d...

Drug per se laws: a review of their use in the states : traffic tech.

DOT National Transportation Integrated Search

2010-09-01

Research has indicated that per se laws for alcohol have been : effective in reducing alcohol-related fatalities. A difficulty : in prosecuting drivers for driving impaired by drugs other : than alcohol is that there is no scientific basis for specif...

28 CFR 90.53 - Eligibility of Indian tribal governments.

Code of Federal Regulations, 2010 CFR

2010-07-01

... following costs in connection with the prosecution of any misdemeanor or felony domestic violence offense: (i) The cost associated with filing criminal charges against a domestic violence offender, or (ii.... 90.53 Section 90.53 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN...

Biblioklepts.

ERIC Educational Resources Information Center

Reed, Christopher

1997-01-01

The Harvard University (Massachusetts) open-stack libraries have experienced substantial losses of rare books and important manuscripts due to theft and vandalism. Some of the thieves have been found and prosecuted, among them several notorious or even respected individuals with long histories of book theft. Until recently, Harvard did not admit…

37 CFR 1.143 - Reconsideration of requirement.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Inventions in One Application; Restriction § 1.143 Reconsideration of requirement. If the applicant disagrees... applicant must indicate a provisional election of one invention for prosecution, which invention shall be the one elected in the event the requirement becomes final The requirement for restriction will be...

Alternatives to In-Court Testimony in Child Abuse Cases

DTIC Science & Technology

1992-04-01

federal prosecutions for child abuse . Contrary to the trend in both federal and state courts, the military provides no procedural or judicial...adoption of a rule for courts-martial that would provide uniform procedural alternatives to in-court testimony in child abuse cases.

Bahrain: Reform, Security, and U.S. Policy

DTIC Science & Technology

2012-04-13

current head of the BCHR, Nabeel Rajab, was summoned before the military court prosecuting alleged agitators. (On February 19, 2012, Matar was...acquitted of all charges; Nabeel Rajab was arrested February 15, 2012, for further anti- government activities, released, and then re-arrested April 1

Bahrain: Reform, Security, and U.S. Policy

DTIC Science & Technology

2012-02-21

an activist considered a main leader of the opposition, the current head of the BCHR, Nabeel Rajab, was summoned before the military court...prosecuting alleged agitators. (On February 19, 2012, Matar was acquitted of all charges; Nabeel Rajab was arrested February 15, 2012, for further anti

A Hand-in-Hand Approach for Security and Development in Sub-Saharan Africa

DTIC Science & Technology

2010-06-15

peacekeeping operations and large contingents deployed in Democratic Republic of the Congo (DRC), the Darfur region of Sudan, Lebanon , Liberia...several SSA countries improve their ability to investigate, prosecute, and adjudicate gender -based violence and provide support to victims. 19

37 CFR 1.32 - Power of attorney.

Code of Federal Regulations, 2010 CFR

2010-07-01

... COMMERCE GENERAL RULES OF PRACTICE IN PATENT CASES National Processing Provisions Prosecution of Application and Appointment of Attorney Or Agent § 1.32 Power of attorney. (a) Definitions. (1) Patent... means a written document by which a principal authorizes one or more patent practitioners or joint...

Should Hate Be a Crime?

ERIC Educational Resources Information Center

Jacobs, James B.

1993-01-01

Explores issues surrounding hate crime legislation and prosecution, with emphasis on motivation and first amendment issues. Hate crime legislation attempts to import the civil rights model into criminal law, but the very existence of the hate crime label raises social and political stakes in intergroup crimes. (SLD)

36 CFR § 1275.16 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... pictures, sound and video recordings, machine-readable media, plats, maps, models, pictures, works of art... retained or appropriate for retention as evidence of or information about these powers or duties. Included... Activities or the Watergate Special Prosecution Force; or (2) Are circumscribed in the Articles of...

75 FR 60377 - Financial Crimes Enforcement Network; Cross-Border Electronic Transmittals of Funds

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-30

... Treasury (Treasury), to further its efforts against money laundering and terrorist financing, and is... regulatory authorities detect, investigate, and prosecute money laundering and other financial crimes by... at national and international levels, to combat money laundering and terrorist financing. See...

12 CFR 309.6 - Disclosure of exempt records.

Code of Federal Regulations, 2014 CFR

2014-01-01

... records, including customer financial records, to certain other federal agencies as referenced in section... Crime pertaining to suspected violations of law, which may contain customer financial records, may be disclosed to federal or state prosecuting or investigatory authorities without giving notice to the customer...

Countering Propaganda in the Global War on Terrorism: What can a Democracy do?

DTIC Science & Technology

2008-05-01

Sedition Acts, “Over nineteen hundred prosecutions and other judicial proceedings during the war, involving speeches , newspaper articles, pamphlets...Liberties and National Security .................................................... 18 Protection of Free Speech : Zechariah Chafee, Limits of Free... Speech .......................... 20 Countering Propaganda (Protectionism) ....................................................................... 21

12 CFR 309.6 - Disclosure of exempt records.

Code of Federal Regulations, 2012 CFR

2012-01-01

... records, including customer financial records, to certain other federal agencies as referenced in section... Crime pertaining to suspected violations of law, which may contain customer financial records, may be disclosed to federal or state prosecuting or investigatory authorities without giving notice to the customer...

12 CFR 309.6 - Disclosure of exempt records.

Code of Federal Regulations, 2013 CFR

2013-01-01

... records, including customer financial records, to certain other federal agencies as referenced in section... Crime pertaining to suspected violations of law, which may contain customer financial records, may be disclosed to federal or state prosecuting or investigatory authorities without giving notice to the customer...

12 CFR 309.6 - Disclosure of exempt records.

Code of Federal Regulations, 2011 CFR

2011-01-01

... her discretion and for good cause, disclose exempt records, including customer financial records, to..., which may contain customer financial records, may be disclosed to federal or state prosecuting or investigatory authorities without giving notice to the customer, as permitted in the relevant exceptions of the...

The Dialectical Utility of Heuristic Processing in Outdoor Adventure Education

ERIC Educational Resources Information Center

Zajchowski, Chris A. B.; Brownlee, Matthew T. J.; Furman, Nate N.

2016-01-01

Heuristics--cognitive shortcuts used in decision-making events--have been paradoxically praised for their contribution to decision-making efficiency and prosecuted for their contribution to decision-making error (Gigerenzer & Gaissmaier, 2011; Gigerenzer, Todd, & ABC Research Group, 1999; Kahneman, 2011; Kahneman, Slovic, & Tversky,…

National Human Trafficking Initiatives: Dimensions of Policy Diffusion1

PubMed Central

Yoo, Eun-hye; Boyle, Elizabeth Heger

2014-01-01

The implementation of criminal law involves formal law enforcement, education and public outreach aimed at preventing criminal activity, and providing services for victims. Historically, quantitative research on global trends has tended to focus on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered-probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim-protection efforts, we find that global ties and domestic interest groups matter more in areas where international law is less defined. While prosecution, officially mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking—neither ratification of the Trafficking Protocol nor levels of United States aid were associated with greater implementation of anti-trafficking measures. PMID:26538806

Criminal investigation of child sexual abuse: a comparison of cases referred to the prosecutor to those not referred.

PubMed

Stroud, D D; Martens, S L; Barker, J

2000-05-01

The present study sought to identify characteristics of child sexual abuse cases which differentiate cases referred for criminal prosecution ("criminal-action") from those not referred ("dropped") by investigators. The study sample consisted of 1043 children who completed a forensic interview for sexual abuse that allegedly occurred at the hands of an adult between January 1, 1993 and December 31, 1996 in Bernalillo County of New Mexico. Data was systematically obtained from forensic interview files and offender records at the local prosecutor's office. Differences between criminal-action and dropped cases were found in relation to the children (age, sex and ethnicity), the alleged offenders (age, sex and relationship to child), and the case characteristics (disclosure and injury to the child). The present study provided insight into the characteristics of a previously ignored population (reported child sexual abuse cases that are not referred for prosecution). Recommendations are made to address the needs of these children and their families.

Negative and positive pretrial publicity affect juror memory and decision making.

PubMed

Ruva, Christine L; McEvoy, Cathy

2008-09-01

The experiment examined the effects of exposure to pretrial publicity (PTP) and delay on juror memory and decision-making. Mock jurors read news articles containing negative PTP, positive PTP, or unrelated articles. Five days later, they viewed a videotaped murder trial, after which they made decisions about guilt. Finally, all participants independently attributed specific information as having been presented during the trial or in the news articles. Half of the jurors rendered their verdicts and completed the source-memory test immediately after the trial, while the other half did so after a 2-day delay. Exposure to PTP significantly affected guilty verdicts, perceptions of defendant credibility, juror ratings of the prosecuting and defense attorneys, and misattributions of PTP as having been presented as trial evidence. Similar effects were obtained for negative and positive PTP. Delay significantly increased source-memory errors but did not influence guilt ratings. Defendant's credibility and juror ratings of prosecuting and defense attorneys significantly mediated the effect of PTP on guilt ratings. (c) 2008 APA, all rights reserved.

Onus of responsibility: the changing responsible corporate officer doctrine.

PubMed

Bragg, Jennifer; Bentivoglio, John; Collins, Andrew

2010-01-01

The responsible corporate officer ("RCO") doctrine permits convictions of corporate officers for violations of the Federal Food, Drug, and Cosmetic Act ("FDCA"), even in instances in which the corporate officer was not personally involved and lacked knowledge of the wrongdoing. Prosecutors have seldom prosecuted RCO FDCA cases since the doctrine was first described in 1943, but recent indications point to an imminent revival. Cases and statements from government officials indicate that this second wave of the RCO doctrine may sweep more broadly than did the first. For example, prosecutors appear ready to employ the RCO doctrine in strict liability cases, even though most past RCO FDCA cases involved knowledge on the part of the corporate officer. Moreover, the current environment promises stiffer penalties, less centralized case selection, and fewer jury trials than did the era in which the RCO doctrine was established. This article concludes with a call for the Department of Justice to issue guidelines for RCO prosecutions to ensure that this most unusual form of criminal liability is imposed fairly and consistently.

National Human Trafficking Initiatives: Dimensions of Policy Diffusion.

PubMed

Yoo, Eun-Hye; Boyle, Elizabeth Heger

2015-01-01

The implementation of criminal law involves formal law enforcement, education and public outreach aimed at preventing criminal activity, and providing services for victims. Historically, quantitative research on global trends has tended to focus on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered-probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim-protection efforts, we find that global ties and domestic interest groups matter more in areas where international law is less defined. While prosecution, officially mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking-neither ratification of the Trafficking Protocol nor levels of United States aid were associated with greater implementation of anti-trafficking measures.

The impact of victim-focused outreach on criminal legal system outcomes following police-reported intimate partner abuse.

PubMed

DePrince, Anne P; Belknap, Joanne; Labus, Jennifer S; Buckingham, Susan E; Gover, Angela R

2012-08-01

Randomized control designs have been used in the public health and psychological literatures to examine the relationship between victim outreach following intimate partner abuse (IPA) and various outcomes. These studies have largely relied on samples drawn from health providers and shelters to examine outcomes outside the criminal legal system. Based on the positive findings from this body of research, we expected that a victim-focused, community-coordinated outreach intervention would improve criminal legal system outcomes. The current study used a randomized, longitudinal design to recruit 236 ethnically diverse women with police-reported IPA to compare treatment-as-usual with an innovative community-coordinated, victim-focused outreach program. Findings indicated that the outreach program was effective in increasing women's engagement with prosecution tasks as well as likelihood of taking part in prosecution of their abusers. Results were particularly robust among women marginalized by ethnicity and class, and those still living with their abusers after the target incident.

Punishing pregnant drug-using women: defying law, medicine, and common sense.

PubMed

Flavin, Jeanne; Paltrow, Lynn M

2010-04-01

The arrests, detentions, prosecutions, and other legal actions taken against drug-dependent pregnant women distract attention from significant social problems, such as our lack of universal health care, the dearth of policies to support pregnant and parenting women, the absence of social supports for children, and the overall failure of the drug war. The attempts to "protect the fetus" undertaken through the criminal justice system (as well as in family and drug courts) actually undermine maternal and fetal health and discourage efforts to identify and implement effective strategies for addressing the needs of pregnant drug users and their families. In this article, the authors seek to expose some of the flawed premises on which the arrests, detentions, and prosecutions are based. The authors highlight the inherent unfairness of a system that expects low-income and drug-dependent pregnant women to provide their fetuses with the health care and safety that these women themselves are not provided and have not been guaranteed.

A Practical Guide for the Formulation of Propositions in the Bayesian Approach to DNA Evidence Interpretation in an Adversarial Environment.

PubMed

Gittelson, Simone; Kalafut, Tim; Myers, Steven; Taylor, Duncan; Hicks, Tacha; Taroni, Franco; Evett, Ian W; Bright, Jo-Anne; Buckleton, John

2016-01-01

The interpretation of complex DNA profiles is facilitated by a Bayesian approach. This approach requires the development of a pair of propositions: one aligned to the prosecution case and one to the defense case. This note explores the issue of proposition setting in an adversarial environment by a series of examples. A set of guidelines generalize how to formulate propositions when there is a single person of interest and when there are multiple individuals of interest. Additional explanations cover how to handle multiple defense propositions, relatives, and the transition from subsource level to activity level propositions. The propositions depend on case information and the allegations of each of the parties. The prosecution proposition is usually known. The authors suggest that a sensible proposition is selected for the defense that is consistent with their stance, if available, and consistent with a realistic defense if their position is not known. © 2015 American Academy of Forensic Sciences.

17 CFR 165.16 - No immunity.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 17 Commodity and Securities Exchanges 1 2013-04-01 2013-04-01 false No immunity. 165.16 Section... § 165.16 No immunity. The Commodity Whistleblower Incentives and Protections provisions set forth in... information to the Commission with immunity from prosecution. The fact that an individual may become a...

17 CFR 165.16 - No immunity.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 17 Commodity and Securities Exchanges 1 2012-04-01 2012-04-01 false No immunity. 165.16 Section... § 165.16 No immunity. The Commodity Whistleblower Incentives and Protections provisions set forth in... information to the Commission with immunity from prosecution. The fact that an individual may become a...

17 CFR 165.16 - No immunity.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 17 Commodity and Securities Exchanges 2 2014-04-01 2014-04-01 false No immunity. 165.16 Section...) WHISTLEBLOWER RULES § 165.16 No immunity. The Commodity Whistleblower Incentives and Protections provisions set... provide information to the Commission with immunity from prosecution. The fact that an individual may...

Drugs: The Unstated Draconian Costs.

ERIC Educational Resources Information Center

Deming, Stuart H.

1997-01-01

Outlines the dramatic changes in the laws covering drug activity over the last 20 years. Federal sentencing guidelines now mandate much longer prison terms depending on the drug and type of activity. Simultaneously, courts have expanded legal definitions and approaches involving prosecution. Discusses the controversy over these developments. (MJP)

The Criminalization of Domestic Violence: What Social Workers Need To Know.

ERIC Educational Resources Information Center

Danis, Fran S.

2003-01-01

This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. Examines the theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecutions and victim advocacy, court responses, and coordinated community responses to domestic…

5 CFR 2634.701 - Failure to file or falsifying reports.

Code of Federal Regulations, 2010 CFR

2010-01-01

.... 2634.701 Section 2634.701 Administrative Personnel OFFICE OF GOVERNMENT ETHICS GOVERNMENT ETHICS... Secretary concerned, or the Director of the Office of Government Ethics, as appropriate, shall refer to the... may also be prosecuted under criminal statutes for supplying false information on any financial...

28 CFR 90.15 - Filing costs for criminal charges.

Code of Federal Regulations, 2010 CFR

2010-07-01

... prosecution of any misdemeanor or felony domestic violence offense, that the victim bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated... Section 90.15 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2012 CFR

2012-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

13 CFR 142.40 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2013 CFR

2013-01-01

... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2011 CFR

2011-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

13 CFR 142.40 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2011 CFR

2011-01-01

... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

13 CFR 142.40 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2010 CFR

2010-01-01

... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

13 CFR 142.40 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2012 CFR

2012-01-01

... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

13 CFR 142.40 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2014 CFR

2014-01-01

... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2010 CFR

2010-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2014 CFR

2014-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

45 CFR 681.46 - What if the investigation indicates criminal misconduct?

Code of Federal Regulations, 2013 CFR

2013-10-01

... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False...

Suicide and the Military Justice System.

ERIC Educational Resources Information Center

Lande, Raymond G.

1992-01-01

Notes that U.S. military policies emphasize humanitarian approach to issue of suicide, yet military law may view suicidal behavior as deviant and may prosecute suicide attempters. Cites convictions of soldiers for attempted and assisted suicides. Reviews recent court decisions and suggests revisions in military law. (Author/NB)

Strategies for Resolving the Cyber Attribution Challenge

DTIC Science & Technology

2013-05-01

grant- ing the United States extraterritoriality in the prosecution of US citizens engaged in child sex tourism .10 Furthermore, section 40 7202 of the...the Internet Gover - nance Forum. The United States has been active in venues such as the Organization for Economic Cooperation and Devel- opment in

29 CFR 1978.108 - Role of Federal agencies.

Code of Federal Regulations, 2012 CFR

2012-07-01

... respondent. (2) If the Assistant Secretary assumes the role of prosecuting party in accordance with paragraph... issue appropriate orders to regulate the course of future proceedings. (3) Copies of documents in all... (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF...

29 CFR 1978.108 - Role of Federal agencies.

Code of Federal Regulations, 2011 CFR

2011-07-01

... respondent. (2) If the Assistant Secretary assumes the role of prosecuting party in accordance with paragraph... issue appropriate orders to regulate the course of future proceedings. (3) Copies of documents in all... (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF...

29 CFR 1978.108 - Role of Federal agencies.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Assistant Secretary may participate as a party or participate as amicus curiae at any stage of the... complainant and the respondent. (2) If the Assistant Secretary assumes the role of prosecuting party in... exercise of prosecutorial discretion. If the Assistant Secretary withdraws, the complainant will become the...

29 CFR 1978.108 - Role of Federal agencies.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Assistant Secretary may participate as a party or participate as amicus curiae at any stage of the... complainant and the respondent. (2) If the Assistant Secretary assumes the role of prosecuting party in... exercise of prosecutorial discretion. If the Assistant Secretary withdraws, the complainant will become the...

War Termination, Identity Conflict, and Genocide: A Road Map

DTIC Science & Technology

2012-05-17

German invasion, and spent the rest of his life fighting for the international recognition of his definition of genocide and prosecution of its...is difficult to define and understand, the data related to genocide is often subjective, and the concept of genocide invokes caustic and vexatious

14 CFR 406.105 - Separation of functions for prosecuting civil penalties and advising the FAA decisionmaker.

Code of Federal Regulations, 2010 CFR

2010-01-01

... functions must not, in that case or a factually-related case, participate or give advice in a decision by... supervised in a civil penalty action by a person who provides such advice to the FAA decisionmaker in that...

14 CFR 406.105 - Separation of functions for prosecuting civil penalties and advising the FAA decisionmaker.

Code of Federal Regulations, 2011 CFR

2011-01-01

... functions must not, in that case or a factually-related case, participate or give advice in a decision by... supervised in a civil penalty action by a person who provides such advice to the FAA decisionmaker in that...

77 FR 50091 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-20

..., prosecution, or oversight of violations of administrative, civil, or criminal law or regulation. This system... oversight of violations of administrative, civil, or criminal law or regulation, if that information is... necessary information and to coordinate with other law enforcement agencies as appropriate. DATES: The...

Plagiarism and Prosecution: A New Approach at Air University.

DTIC Science & Technology

1988-04-01

Isocrates, Demosthenes, Aes- chines, Menander and Plutarch indulged in it at times. Aristotle lifted whole pages from Democritus. . . . And Plato...There are speeches in Antony and Cleopatra which * are pure Plutarch . Malone painstakingly analyzed Parts I, II, and III of Henry VI, and came to the

42 CFR 2.32 - Prohibition on redisclosure.

Code of Federal Regulations, 2010 CFR

2010-10-01

... CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Disclosures With Patient's Consent § 2.32 Prohibition on... rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. [52 FR 21809, June 9, 1987; 52 FR 41997, Nov. 2, 1987] ...

42 CFR 2.32 - Prohibition on redisclosure.

Code of Federal Regulations, 2014 CFR

2014-10-01

... CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Disclosures With Patient's Consent § 2.32 Prohibition on... rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. [52 FR 21809, June 9, 1987; 52 FR 41997, Nov. 2, 1987] ...

42 CFR 2.32 - Prohibition on redisclosure.

Code of Federal Regulations, 2012 CFR

2012-10-01

... CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Disclosures With Patient's Consent § 2.32 Prohibition on... rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. [52 FR 21809, June 9, 1987; 52 FR 41997, Nov. 2, 1987] ...

42 CFR 2.32 - Prohibition on redisclosure.

Code of Federal Regulations, 2011 CFR

2011-10-01

... CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Disclosures With Patient's Consent § 2.32 Prohibition on... rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. [52 FR 21809, June 9, 1987; 52 FR 41997, Nov. 2, 1987] ...

42 CFR 2.32 - Prohibition on redisclosure.

Code of Federal Regulations, 2013 CFR

2013-10-01

... CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Disclosures With Patient's Consent § 2.32 Prohibition on... rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. [52 FR 21809, June 9, 1987; 52 FR 41997, Nov. 2, 1987] ...

8 CFR 1003.104 - Filing of complaints; preliminary inquiries; resolutions; referral of complaints.

Code of Federal Regulations, 2010 CFR

2010-01-01

... authorities within the Department to ensure that neither the disciplinary process nor criminal prosecutions... Professional Conduct for Practitioners-Rules and Procedures § 1003.104 Filing of complaints; preliminary... Immigration Courts shall be filed with the EOIR disciplinary counsel. Disciplinary complaints must be...

Prosecution's Power, Procedural Rights, and Pleading Guilty: The Problem of Coercion in Plea Bargaining Drug Cases.

ERIC Educational Resources Information Center

Cloyd, Jerald W.

1979-01-01

The forms of psychological pressure placed on the defendant's pleading in drug cases are examined, with emphasis on the interplay between rational and emotional aspects of such situations. Three stages in plea bargaining negotiations are outlined. (Author/MC)

[On the competitiveness between parties in judicial proceedings with the participation of a forensic medical expert].

PubMed

Topil'skaia, E V; Kadochnikov, D S; Makarov, I Iu; Pankratova, I V; Rakitin, V A

2011-01-01

The authors report the results of analysis of the rights of the participants in judicial proceedings (both the prosecution and the defense) to appoint and carry out forensic medical expertise in the course of the criminal court process.

7 CFR 2.31 - General Counsel.

Code of Federal Regulations, 2014 CFR

2014-01-01

... patent applications and prosecute the same before the Patent Office. (6) Represent the Department in... 7 Agriculture 1 2014-01-01 2014-01-01 false General Counsel. 2.31 Section 2.31 Agriculture Office... legal and legislative library services to the Office of the General Counsel and the Department. (5) Make...

76 FR 12741 - Submission for OMB Review; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-08

... suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation... fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual...), Title II of Public Law 111-320, Child Abuse Prevention and Treatment Act Reauthorization of 2010...

32 CFR 16.4 - Sentencing procedures.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 1 2011-07-01 2011-07-01 false Sentencing procedures. 16.4 Section 16.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS SENTENCING... relevant to sentencing. 32 CFR 9.6(e)(10) permits the Prosecution and Defense to present information to aid...

32 CFR 16.4 - Sentencing procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 1 2010-07-01 2010-07-01 false Sentencing procedures. 16.4 Section 16.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS SENTENCING... relevant to sentencing. 32 CFR 9.6(e)(10) permits the Prosecution and Defense to present information to aid...

32 CFR 16.4 - Sentencing procedures.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 1 2013-07-01 2013-07-01 false Sentencing procedures. 16.4 Section 16.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS SENTENCING... relevant to sentencing. 32 CFR 9.6(e)(10) permits the Prosecution and Defense to present information to aid...

32 CFR 16.4 - Sentencing procedures.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 1 2012-07-01 2012-07-01 false Sentencing procedures. 16.4 Section 16.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS SENTENCING... relevant to sentencing. 32 CFR 9.6(e)(10) permits the Prosecution and Defense to present information to aid...

United States Attorney Prosecutions

DTIC Science & Technology

1993-10-01

property of CocaCola Bottling Company, Fayetteville, North Carolina, of a value in excess of $100.00, in violation of Title 18 United States Code, Section...another, to-wit: a Cocacola soft drink machine, the amount of damage to said personal property being more than $200.00, in violation of North Carolina

The U.S. Army and Doctrine for Weapons of Mass Destruction: Consequence Management Operations.

DTIC Science & Technology

1999-06-04

Forces within section 7 Competency of witnesses 23 Construction Generally 1 With other laws 2 Estoppel 19 Exclusionary rule 22 Execution of laws 8...19. Estoppel Despite ruling in previous case that this section precluded prosecutions under section 231 of this title prohibiting attempts to

75 FR 28780 - Proposed Information Collection; Comment Request; Procedure for Voluntary Self-Disclosure of...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-24

... Request; Procedure for Voluntary Self-Disclosure of Violations of the Export Administration Regulations... Regulations, and determine if an investigation or prosecution is necessary and to reach a settlement with violators. Voluntary self-disclosure of EAR violations strengthens BIS's enforcement efforts by allowing BIS...

28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

Code of Federal Regulations, 2013 CFR

2013-07-01

... law enforcement, immigration, and Department of State officials under the Trafficking Victims... and responsibilities of federal law enforcement, immigration, and Department of State officials under... trafficking in persons as early as possible in the investigation and prosecution process, to ensure efforts...

28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

Code of Federal Regulations, 2011 CFR

2011-07-01

... law enforcement, immigration, and Department of State officials under the Trafficking Victims... and responsibilities of federal law enforcement, immigration, and Department of State officials under... trafficking in persons as early as possible in the investigation and prosecution process, to ensure efforts...

28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

Code of Federal Regulations, 2012 CFR

2012-07-01

... law enforcement, immigration, and Department of State officials under the Trafficking Victims... and responsibilities of federal law enforcement, immigration, and Department of State officials under... trafficking in persons as early as possible in the investigation and prosecution process, to ensure efforts...

28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

Code of Federal Regulations, 2014 CFR

2014-07-01

... law enforcement, immigration, and Department of State officials under the Trafficking Victims... and responsibilities of federal law enforcement, immigration, and Department of State officials under... trafficking in persons as early as possible in the investigation and prosecution process, to ensure efforts...

Critical Curriculum Theory and Slow Ecopedagogical Activism

ERIC Educational Resources Information Center

Payne, Phillip G.

2015-01-01

Enacting a critical environmental education curriculum theory with 8- to 9-year-old children in 1978 is now "restoried" in a "history of the present/future" like "case study" for prosecuting five interrelated problems confronting progress in environmental education and its research. They are: the intense heat of the…

Naval Law Review. Volume 62

DTIC Science & Technology

2013-01-01

prosecute war crimes in defense of the Nation.3 As explained by William Winthrop, who has been called the “ Blackstone of Military Law,”4 such...44 See 3 WILLIAM BLACKSTONE , COMMENTARIES 373-74 (1768). 45 Crawford v. Washington, 541 U.S. 36, 50 (2004).  46 Tennessee v. Street, 471 U.S

49 CFR 95.13 - Antitrust laws.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 49 Transportation 1 2012-10-01 2012-10-01 false Antitrust laws. 95.13 Section 95.13 Transportation Office of the Secretary of Transportation ADVISORY COMMITTEES § 95.13 Antitrust laws. The activities of advisory committees are subject to the antitrust laws and committee members are not immune from prosecution...

The Duke Lacrosse Scandal: New Insights, Many Perspectives

ERIC Educational Resources Information Center

Chronicle of Higher Education, 2009

2009-01-01

An African-American stripper's false accusation of rape against three white Duke University lacrosse players in 2006--and the overzealous prosecution that followed--ultimately exposed prosecutorial misconduct, a rush to judgment, and simmering tensions of class, race, privilege, and gender. Michael L. Seigel, a professor of law at the University…

25 CFR 161.702 - Who will enforce this subpart?

Code of Federal Regulations, 2013 CFR

2013-04-01

... GRAZING PERMITS Trespass § 161.702 Who will enforce this subpart? (a) BIA enforces the provisions of this... defer to tribal prosecution of trespass on Navajo Partitioned Lands. (b) Nothing in this subpart will be construed to diminish the sovereign authority of the Navajo Nation with respect to trespass. Notification ...

25 CFR 163.29 - Trespass.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Trespass. 163.29 Section 163.29 Indians BUREAU OF INDIAN... Operations § 163.29 Trespass. (a) Trespassers will be liable for civil penalties and damages to the enforcement agency and the beneficial Indian owners, and will be subject to prosecution for acts of trespass...

25 CFR 161.702 - Who will enforce this subpart?

Code of Federal Regulations, 2014 CFR

2014-04-01

... GRAZING PERMITS Trespass § 161.702 Who will enforce this subpart? (a) BIA enforces the provisions of this... defer to tribal prosecution of trespass on Navajo Partitioned Lands. (b) Nothing in this subpart will be construed to diminish the sovereign authority of the Navajo Nation with respect to trespass. Notification ...

25 CFR 163.29 - Trespass.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Trespass. 163.29 Section 163.29 Indians BUREAU OF INDIAN... Operations § 163.29 Trespass. (a) Trespassers will be liable for civil penalties and damages to the enforcement agency and the beneficial Indian owners, and will be subject to prosecution for acts of trespass...

25 CFR 163.29 - Trespass.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Trespass. 163.29 Section 163.29 Indians BUREAU OF INDIAN... Operations § 163.29 Trespass. (a) Trespassers will be liable for civil penalties and damages to the enforcement agency and the beneficial Indian owners, and will be subject to prosecution for acts of trespass...

25 CFR 163.29 - Trespass.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Trespass. 163.29 Section 163.29 Indians BUREAU OF INDIAN... Operations § 163.29 Trespass. (a) Trespassers will be liable for civil penalties and damages to the enforcement agency and the beneficial Indian owners, and will be subject to prosecution for acts of trespass...

25 CFR 161.702 - Who will enforce this subpart?

Code of Federal Regulations, 2012 CFR

2012-04-01

... GRAZING PERMITS Trespass § 161.702 Who will enforce this subpart? (a) BIA enforces the provisions of this... defer to tribal prosecution of trespass on Navajo Partitioned Lands. (b) Nothing in this subpart will be construed to diminish the sovereign authority of the Navajo Nation with respect to trespass. Notification ...

25 CFR 163.29 - Trespass.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Trespass. 163.29 Section 163.29 Indians BUREAU OF INDIAN... Operations § 163.29 Trespass. (a) Trespassers will be liable for civil penalties and damages to the enforcement agency and the beneficial Indian owners, and will be subject to prosecution for acts of trespass...

25 CFR 161.702 - Who will enforce this subpart?

Code of Federal Regulations, 2010 CFR

2010-04-01

... GRAZING PERMITS Trespass § 161.702 Who will enforce this subpart? (a) BIA enforces the provisions of this... defer to tribal prosecution of trespass on Navajo Partitioned Lands. (b) Nothing in this subpart will be construed to diminish the sovereign authority of the Navajo Nation with respect to trespass. Notification ...

25 CFR 161.702 - Who will enforce this subpart?

Code of Federal Regulations, 2011 CFR

2011-04-01

... GRAZING PERMITS Trespass § 161.702 Who will enforce this subpart? (a) BIA enforces the provisions of this... defer to tribal prosecution of trespass on Navajo Partitioned Lands. (b) Nothing in this subpart will be construed to diminish the sovereign authority of the Navajo Nation with respect to trespass. Notification ...

47 CFR 64.201 - Restrictions on indecent telephone message services.

Code of Federal Regulations, 2010 CFR

2010-10-01

... services. 64.201 Section 64.201 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON... to prosecution for the provision of indecent communications under section 223(b)(2) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has taken the action...

40 CFR 35.936-16 - Code or standards of conduct.

Code of Federal Regulations, 2010 CFR

2010-07-01

... provide for penalties, sanctions, or other adequate disciplinary actions to be instituted for project... their agents. The grantee must also inform the project officer of the prosecutive or disciplinary action... disciplinary action. Under § 30.245 of this subchapter, the project officer must notify the Director, EPA...

Teacher Sexual Misconduct: Grooming Patterns and Female Offenders

ERIC Educational Resources Information Center

Knoll, James

2010-01-01

Educator sexual misconduct has received increasing attention over the past decade. The attention has exposed a number of concerning issues, including a lack of formal research in the area and difficulties in recognizing and prosecuting cases. Public responses to high profile cases of sexual misconduct involving female teachers suggest that…

Waiver Culture: The Unintended Consequence of Ethics Compliance

ERIC Educational Resources Information Center

Genova, Gina L.

2008-01-01

The passage of the U.S. Sarbanes-Oxley Act (2002) spawned a series of compliance and ethics programs --the revised Principles of Federal Prosecution of Business Organizations known as the Thompson Memo (Thompson, 2003), the revised Federal Sentencing Guidelines that included the Effective Compliance and Ethics Program and the corporate…

Students "Hacking" School Computer Systems

ERIC Educational Resources Information Center

Stover, Del

2005-01-01

This article deals with students hacking school computer systems. School districts are getting tough with students "hacking" into school computers to change grades, poke through files, or just pit their high-tech skills against district security. Dozens of students have been prosecuted recently under state laws on identity theft and unauthorized…

19 CFR Policy Statement to Part 145 - Examination of Sealed Letter Class Mail

Code of Federal Regulations, 2014 CFR

2014-04-01

... Policy Statement to Part 145 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) MAIL IMPORTATIONS Pt. 145, Policy Stmt. Policy Statement... policies will lead to appropriate administrative sanctions, as well as possible criminal prosecution...

19 CFR Policy Statement to Part 145 - Examination of Sealed Letter Class Mail

Code of Federal Regulations, 2011 CFR

2011-04-01

... Policy Statement to Part 145 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) MAIL IMPORTATIONS Pt. 145, Policy Stmt. Policy Statement... policies will lead to appropriate administrative sanctions, as well as possible criminal prosecution...

19 CFR Policy Statement to Part 145 - Examination of Sealed Letter Class Mail

Code of Federal Regulations, 2012 CFR

2012-04-01

... Policy Statement to Part 145 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) MAIL IMPORTATIONS Pt. 145, Policy Stmt. Policy Statement... policies will lead to appropriate administrative sanctions, as well as possible criminal prosecution...

19 CFR Policy Statement to Part 145 - Examination of Sealed Letter Class Mail

Code of Federal Regulations, 2013 CFR

2013-04-01

... Policy Statement to Part 145 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) MAIL IMPORTATIONS Pt. 145, Policy Stmt. Policy Statement... policies will lead to appropriate administrative sanctions, as well as possible criminal prosecution...

32 CFR 935.104 - Sentence after a plea of guilty.

Code of Federal Regulations, 2010 CFR

2010-07-01

... counsel may make any reasonable statement he wishes in mitigation or of previous good character. The prosecution may introduce evidence in aggravation, or of bad character if the accused has introduced evidence of good character. The Court shall then impose any lawful sentence that it considers proper. ...

Evaluation support for innovative alcohol projects : evaluation support for assessing the effectiveness of videotaping persons arrested for DWI

DOT National Transportation Integrated Search

1985-09-01

The use of videotaped evidence in the prosecution of DWI cases in Texas became widespread after legislative changes that became effective in 1984. An evaluation in nine counties indicated that there were no significant changes in the percentages of b...

The Ferguson Effect - Are Police Anxieties To Blame

DTIC Science & Technology

2017-03-01

Grand Jury announced Darren Wilson would not be indicted on charges of murder or manslaughter, which resulted in additional civil unrest and riots...grand jury for indictment, and it should therefore be closed without prosecution.”83 The research set out to resolve the Ferguson Effect debate by

49 CFR 95.13 - Antitrust laws.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 1 2010-10-01 2010-10-01 false Antitrust laws. 95.13 Section 95.13 Transportation Office of the Secretary of Transportation ADVISORY COMMITTEES § 95.13 Antitrust laws. The activities of advisory committees are subject to the antitrust laws and committee members are not immune from prosecution...

28 CFR 18.6 - Conduct of hearings.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Juvenile Justice Act or the Victims of Crime Act, the hearing officer shall be an administrative law judge... Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18... Department of Justice who was not involved in the administration, investigation or prosecution of the matter...

28 CFR 18.6 - Conduct of hearings.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Juvenile Justice Act or the Victims of Crime Act, the hearing officer shall be an administrative law judge... Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18... Department of Justice who was not involved in the administration, investigation or prosecution of the matter...

28 CFR 18.6 - Conduct of hearings.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Juvenile Justice Act or the Victims of Crime Act, the hearing officer shall be an administrative law judge... Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18... Department of Justice who was not involved in the administration, investigation or prosecution of the matter...

28 CFR 18.6 - Conduct of hearings.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Juvenile Justice Act or the Victims of Crime Act, the hearing officer shall be an administrative law judge... Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18... Department of Justice who was not involved in the administration, investigation or prosecution of the matter...

Priorities and strategies for improving the investigation, use of toxicology results, and prosecution of drug-impaired driving cases : findings and recommendations

DOT National Transportation Integrated Search

2007-01-01

In May 2004, a group representing toxicologists, drug recognition experts (DREs), and prosecutors active in the area of driving under the influence of drugs (DUID) cases, was convened under the auspices of the National Safety Councils Committee on...

29 CFR 1986.108 - Role of Federal agencies.

Code of Federal Regulations, 2013 CFR

2013-07-01

... respondent. (2) If the Assistant Secretary assumes the role of prosecuting party in accordance with paragraph... to regulate the course of future proceedings. (3) Copies of documents in all cases shall be sent to... Secretary is a party, copies of the documents shall be sent to the Regional Solicitor's Office representing...

29 CFR 1986.108 - Role of Federal agencies.

Code of Federal Regulations, 2014 CFR

2014-07-01

... respondent. (2) If the Assistant Secretary assumes the role of prosecuting party in accordance with paragraph... to regulate the course of future proceedings. (3) Copies of documents in all cases shall be sent to... Secretary is a party, copies of the documents shall be sent to the Regional Solicitor's Office representing...

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Code of Federal Regulations, 2010 CFR

2010-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Code of Federal Regulations, 2014 CFR

2014-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Code of Federal Regulations, 2013 CFR

2013-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Code of Federal Regulations, 2011 CFR

2011-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Code of Federal Regulations, 2012 CFR

2012-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

Leaks in the National Information Infrastructure Dam: Who Should Protect It?

DTIC Science & Technology

2004-04-01

have paid off cyber criminals who threatened to attack their computer systems and destroy their data unless a ‘ransom’ was paid. These cyber...sharing information with law enforcement and appropriate industry groups will we be able to identify and prosecute cyber criminals , identify new

78 FR 54630 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-05

... compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to... harm; (2) Another federal or state agency to (a) permit a decision as to access, amendment or..., foreign, tribal, or self- regulatory organizations or agencies responsible for investigating, prosecuting...

78 FR 73923 - Privacy Act of 1974, as Amended; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-09

... data sources, as well as access to analytical services designed to detect fraud and systemic improper... systemic fraud, waste, and abuse within Federal programs; (d) Disclosure to (1) a Federal agency, its... prosecuting violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license...

EDJJ Notes. Volume 3, Number 2

ERIC Educational Resources Information Center

Gagnon, Joe, Ed.

2004-01-01

This issue of "EDJJ Notes" contains the following articles: (1) "In the News: The Policy of Prosecuting Juvenile Offenders as Adults: A Summary of Key Issues" (Jeffrey M. Poirier); (2) "Youth Transition from a Secure Care Facility" (Megan McGlynn); and (3) "Research to Practice: Self-Management" (Part II of…

32 CFR 320.12 - Exemptions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY (NGA) PRIVACY § 320.12 Exemptions. Link to an amendment published... NGA and its components shall be exempt from the requirements of 5 U.S.C. 552a(d) pursuant to 5 U.S.C... or prosecutable interest by the NGA or other agencies. This could seriously compromise case...

2 CFR 200.448 - Intellectual property.

Code of Federal Regulations, 2014 CFR

2014-01-01

... Intellectual property. (a) Patent costs. (1) The following costs related to securing patents and copyrights are..., and of searching the art to the extent necessary to make such disclosures; (ii) Costs of preparing documents and any other patent costs in connection with the filing and prosecution of a United States patent...

Should the Internet Be Censored? Yes! Yes! Yes! Yes!

ERIC Educational Resources Information Center

Taylor, Bruce

1998-01-01

Supports the use of filtering software by parents, schools, and libraries as a least restrictive alternative to criminal prosecution to restrict the availability of pornographic materials on the Internet. Argues that filtering programs work well and do not make most of the mistakes attributed to them by detractors. (DSK)

JPRS Report, East Asia Southeast Asia

DTIC Science & Technology

1987-06-11

tive and prosecution aspects as essential elements of the solution. "Preventive" would refer to reduc- ing red tape and too much discre- tion...Youth Union in Colleges 29 9332/9835 CSO: 4209/417 101 ,„«„««T„ VIETNAM CCONOMIC NGUYEN CO THACH ADMITS TO ECNOMIC MISTAKES Stockholm SVENSKA

Draft Registration and Student Aid.

ERIC Educational Resources Information Center

Thomas, Stephen B.

1986-01-01

Reviews two recent Supreme Court cases involving challenges to the Military Selective Service Act and the Department of Defense Authorization Act of 1983, which affect the eligibility of students to receive student aid. Concludes that students who fail to register for the draft are now more likely to be prosecuted than in 1984. (KH)

75 FR 6560 - Financial Crimes Enforcement Network; Expansion of Special Information Sharing Procedures To...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-10

...; Expansion of Special Information Sharing Procedures To Deter Money Laundering and Terrorist Activity AGENCY... continuing effort to increase the efficiency and effectiveness of its anti-money laundering and counter...-5332, to promote the prevention, detection, and prosecution of international money laundering and the...

Theories on Criminality and Mental Retardation Project CAMIO, Volume 2.

ERIC Educational Resources Information Center

Haskins, Jimmy R.; Friel, Charles M.

This historical review of theories on criminality and mental retardation is part of Project CAMIO (Correctional Administration and the Mentally Incompetent Offender), a Texas study to determine the incidence of criminal incarceration of the mentally retarded (MR) and to identify laws, procedures, and practices which affect the prosecution and…

49 CFR 95.13 - Antitrust laws.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 49 Transportation 1 2011-10-01 2011-10-01 false Antitrust laws. 95.13 Section 95.13 Transportation Office of the Secretary of Transportation ADVISORY COMMITTEES § 95.13 Antitrust laws. The activities of advisory committees are subject to the antitrust laws and committee members are not immune from prosecution...

Seduction and Betrayal: An Insider's View of Insider Theft of Rare Materials.

ERIC Educational Resources Information Center

Traister, Daniel

1994-01-01

Discusses alternatives for dealing with insider theft of rare library materials, including publicizing losses and prosecuting. An example of insider theft is detailed. Ideas for preventing theft, including hiring practices and restricting access to materials, are considered. Suggestions for thinking through procedures to deal with the…

25 CFR 571.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false Definitions. 571.2 Section 571.2 Indians NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR COMPLIANCE AND ENFORCEMENT PROVISIONS MONITORING AND... to administer oaths, and has had no previous role in the prosecution of a matter over which he or she...

Racial Bias in the Juvenile Justice System in the United States.

ERIC Educational Resources Information Center

Pratt, Menah A. E.

1993-01-01

Examines research on racial bias, focusing on the discretionary decision-making junctures of the juvenile court system. Research and statistics continue to suggest that the public, the police, the prosecution, and the jury all treat blacks more unfairly based to a large extent on race. (SLD)

When International Press Rights "Are" the News

ERIC Educational Resources Information Center

Freedman, Eric

2006-01-01

In many countries, reporters and editors face criminal prosecution, censorship, self-censorship, exile, tax audits, loss of broadcast and publication licenses, loss of jobs, assault, and even assassination based on how they practice their profession. Press rights and human rights advocacy groups try to draw media and official attention to those…

What has Reform of Rape Legislation Wrought?

ERIC Educational Resources Information Center

Loh, Wallace D.

1981-01-01

Compares the impact of common law and reform rape legislation on prosecution based on analysis of 445 forcible and statutory rape cases in King County, Washington. Concludes that the impact of the statutory reform has been mainly symbolic and educative for society at large, rather than instrumental for law enforcement. (Author/MJL)

Forcible Rape: The Criminal Justice System Response.

ERIC Educational Resources Information Center

Battelle Memorial Inst., Seattle, WA. Law and Justice Study Center.

This annotated bibliography contains 11 documents that describe, analyze and recommend procedures for investigating and prosecuting rape cases. The documents are grouped according to intended audience; there are four volumes for police, three for prosecutors, and one for victims. Also listed are a book analyzing legal issues; a literature review…

28 CFR 90.66 - Review of applications.

Code of Federal Regulations, 2011 CFR

2011-07-01

... in Domestic Violence Cases § 90.66 Review of applications. (a) Review criteria. (1) The provisions of... applicants that (i) Do not currently provide for centralized handling of cases involving domestic violence by... strong enforcement of laws, and prosecution of cases, involving domestic violence. Omnibus Act § 2102(b...

39 CFR 273.6 - Evaluation by reviewing official.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Evaluation by reviewing official. 273.6 Section... PROGRAM FRAUD CIVIL REMEDIES ACT § 273.6 Evaluation by reviewing official. (a) Based upon the... prosecution would likely result in the imposition and collection of civil penalties and applicable assessments...

20 CFR 627.435 - Cost principles and allowable costs.

Code of Federal Regulations, 2010 CFR

2010-04-01

... system, including the costs of hearings and appeals, and related expenses such as lawyers' fees. Legal...) Legal expenses for the prosecution of claims against the Federal Government, including appeals to an... incurred by the SJTCC, HRIC, PIC's, and other advisory councils or committees; (3) Advertising costs; (4...

Youth Sexting: A Legislative and Constitutional Analysis

ERIC Educational Resources Information Center

Spooner, Kallee; Vaughn, Michael

2016-01-01

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

Drug Addiction and Pregnancy: Policy Crossroads.

ERIC Educational Resources Information Center

Chavkin, Wendy

1990-01-01

Explores the following policy approaches to drug use by pregnant women: (1) criminal prosecution of the mother; (2) allegations of child neglect against the mother with interruption of custody; and (3) drug treatment. Discusses whether each reduces drug use during pregnancy or improves maternal and infant health and well-being. (JS)

77 FR 58921 - Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-24

... the multilateral development banks; or (3) is complementary to or has similar policy objectives to... investigate and prosecute trafficking cases or otherwise improve implementation of its anti-trafficking policy... Bolivia, Burma, and Venezuela memoranda of justification, under section 706 of the FRAA, to the Congress...

Fetal Abuse and the Criminalization of Behavior during Pregnancy.

ERIC Educational Resources Information Center

Farr, Kathryn Ann

1995-01-01

Discusses efforts to criminalize fetal abuse, harm caused from a pregnant woman's use of illegal drugs. Such efforts have typically failed to withstand judicial scrutiny. Suggests that criminal prosecution for fetal abuse relies on questionable procedures, is unevenly applied, and may keep women from seeking drug treatment or prenatal care. (LKS)

Ensuring the End Game: Facilitating the Use of Classified Evidence in the Prosecution of Terrorist Subjects

DTIC Science & Technology

2010-03-01

by Nine Eleven Finding Answers ( NEFA ) Foundation senior investigator, Evan Kohlmann, Al-Bahlul’s interrogation with FBI agents provided not only a...Retrieved February 28, 2009, from http://web.ebscohost.com.libproxy.nps.edu/ehost/pdf Nine Eleven Finding Answers ( NEFA ) Foundation. (n.d

10 CFR 9.17 - Agency records exempt from public disclosure.

Code of Federal Regulations, 2010 CFR

2010-01-01

... investigations or prosecutions, if the disclosure could reasonably be expected to risk circumvention of the law... 10 Energy 1 2010-01-01 2010-01-01 false Agency records exempt from public disclosure. 9.17 Section....17 Agency records exempt from public disclosure. (a) The following types of agency records are exempt...

Reporting Child Abuse and Neglect: Your Responsibility and Your Protections.

ERIC Educational Resources Information Center

Beezer, Bruce

1985-01-01

Educators are reluctant to report child abuse and neglect because they are not sure how abuse and neglect are defined, they are inadequately informed about the reporting process, and they fear prosecution. Most states make failure to report illegal, and courts tend to support educators making reports in good faith. (PGD)

Drugged driving in Louisiana : quantification of its impact on public health and implications for legislation, enforcement and prosecution.

DOT National Transportation Integrated Search

2015-07-20

Drugged driving, i.e., driving under the influence of drugs, is considered a rising public health issue in the US and the rest of the world, yet due to underreporting and limitations of existing data, not much is known about the frequency of drugged ...

32 CFR 776.47 - Special responsibilities of a trial counsel.

Code of Federal Regulations, 2014 CFR

2014-07-01

... responsibility of administering justice and is not simply an advocate. This responsibility carries with it specific obligations to see that the accused is accorded procedural justice and that guilt is decided upon... Criminal Justice: The Prosecution Function,” (3rd ed. 1993), has been used by appellate courts in analyzing...

32 CFR 776.47 - Special responsibilities of a trial counsel.

Code of Federal Regulations, 2011 CFR

2011-07-01

... responsibility of administering justice and is not simply an advocate. This responsibility carries with it specific obligations to see that the accused is accorded procedural justice and that guilt is decided upon... Criminal Justice: The Prosecution Function,” (3rd ed. 1993), has been used by appellate courts in analyzing...

32 CFR 776.47 - Special responsibilities of a trial counsel.

Code of Federal Regulations, 2013 CFR

2013-07-01

... responsibility of administering justice and is not simply an advocate. This responsibility carries with it specific obligations to see that the accused is accorded procedural justice and that guilt is decided upon... Criminal Justice: The Prosecution Function,” (3rd ed. 1993), has been used by appellate courts in analyzing...

32 CFR 776.47 - Special responsibilities of a trial counsel.

Code of Federal Regulations, 2012 CFR

2012-07-01

... responsibility of administering justice and is not simply an advocate. This responsibility carries with it specific obligations to see that the accused is accorded procedural justice and that guilt is decided upon... Criminal Justice: The Prosecution Function,” (3rd ed. 1993), has been used by appellate courts in analyzing...

Science and Technology Strategic Plan 2012 (Office of Naval Research C4ISR Department)

DTIC Science & Technology

2012-01-01

Information Dominance domain. Information-based warfare will be fundamentally transformed from today’s paradigm. Today, data resides in mission specific networks, sensors and communication architectures. Information requirements are tied to a mission or mission phase where information for prosecution is generated and held for each mission in separate

24 CFR 17.46 - Claims involving carriers or insurers.

Code of Federal Regulations, 2010 CFR

2010-04-01

... service is insured in whole or in part, the claimant must make demand in writing against the insurer for... claim against the Government. (c) Failure to make a demand on a carrier or insurer or to make all... claimant's service preclude reasonable filing of such a claim or diligent prosecution, or the evidence...

16 CFR 1025.39 - Orders requiring witnesses to testify or provide other information and granting immunity.

Code of Federal Regulations, 2012 CFR

2012-01-01

... provide other information and granting immunity. 1025.39 Section 1025.39 Commercial Practices CONSUMER... Process § 1025.39 Orders requiring witnesses to testify or provide other information and granting immunity... witness or deponent to testify or provide other information upon being granted immunity from prosecution...

16 CFR 1025.39 - Orders requiring witnesses to testify or provide other information and granting immunity.

Code of Federal Regulations, 2011 CFR

2011-01-01

... provide other information and granting immunity. 1025.39 Section 1025.39 Commercial Practices CONSUMER... Process § 1025.39 Orders requiring witnesses to testify or provide other information and granting immunity... witness or deponent to testify or provide other information upon being granted immunity from prosecution...

16 CFR 1025.39 - Orders requiring witnesses to testify or provide other information and granting immunity.

Code of Federal Regulations, 2010 CFR

2010-01-01

... provide other information and granting immunity. 1025.39 Section 1025.39 Commercial Practices CONSUMER... Process § 1025.39 Orders requiring witnesses to testify or provide other information and granting immunity... witness or deponent to testify or provide other information upon being granted immunity from prosecution...

16 CFR 1025.39 - Orders requiring witnesses to testify or provide other information and granting immunity.

Code of Federal Regulations, 2014 CFR

2014-01-01

... provide other information and granting immunity. 1025.39 Section 1025.39 Commercial Practices CONSUMER... Process § 1025.39 Orders requiring witnesses to testify or provide other information and granting immunity... witness or deponent to testify or provide other information upon being granted immunity from prosecution...

The UK Edition of "The Little Red Schoolbook": A Paper Tiger Reflects

ERIC Educational Resources Information Center

Limond, David

2012-01-01

This paper concerns "The Little Red Schoolbook," an English translation of the Danish book "Den lille rode bog fur skoleelever." After the book's publication in the UK, opponents were successful in pressing for its publisher's prosecution. The ensuing trial led to its withdrawal and its bowdlerisation. It is argued that the…

Long-Term Autobiographical Memory for Legal Involvement: Individual and Sociocontextual Predictors

ERIC Educational Resources Information Center

Quas, Jodi A.; Alexander, Kristen Weede; Goodman, Gail S.; Ghetti, Simona; Edelstein, Robin S.; Redlich, Allison

2010-01-01

We examined adults' long-term autobiographical memory for a dramatic life event-participating as a child victim in a criminal prosecution because of alleged sexual abuse. The study is unique in several ways, including that we had extensive documentation concerning the sexual abuse allegations, the children's involvement in their legal case, and…

32 CFR 935.102 - Information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 6 2014-07-01 2014-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 6 2011-07-01 2011-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 6 2012-07-01 2012-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 6 2013-07-01 2013-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

State of Oklahoma v. Tracy Smith. 1999-2000 Oklahoma High School Mock Trial Program.

ERIC Educational Resources Information Center

Stucky, Melanie; Eberle, April; Cale, Stephen

This mock trial curriculum is intended to help high school students learn about the law and the legal system. The curriculum is divided into the following sections: Statement of the Case, Stipulations, Legal Authorities, Witness Statements/Narrative Report (Prosecution Witnesses; Defense Witnesses), and Exhibits (Statement of Miranda Rights; Front…

5 CFR 734.102 - Jurisdiction.

Code of Federal Regulations, 2012 CFR

2012-01-01

... prohibited by the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, prosecute alleged... the District of Columbia government. (5 U.S.C. 1212 and 1216. Advice concerning the Hatch Act Reform... whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has...

5 CFR 734.102 - Jurisdiction.

Code of Federal Regulations, 2014 CFR

2014-01-01

... prohibited by the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, prosecute alleged... the District of Columbia government. (5 U.S.C. 1212 and 1216. Advice concerning the Hatch Act Reform... whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has...

5 CFR 734.102 - Jurisdiction.

Code of Federal Regulations, 2013 CFR

2013-01-01

... prohibited by the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, prosecute alleged... the District of Columbia government. (5 U.S.C. 1212 and 1216. Advice concerning the Hatch Act Reform... whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has...

5 CFR 734.102 - Jurisdiction.

Code of Federal Regulations, 2010 CFR

2010-01-01

... prohibited by the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, prosecute alleged... the District of Columbia government. (5 U.S.C. 1212 and 1216. Advice concerning the Hatch Act Reform... whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has...

5 CFR 734.102 - Jurisdiction.

Code of Federal Regulations, 2011 CFR

2011-01-01

... prohibited by the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, prosecute alleged... the District of Columbia government. (5 U.S.C. 1212 and 1216. Advice concerning the Hatch Act Reform... whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has...

13 CFR 123.9 - What happens if I don't use loan proceeds for the intended purpose?

Code of Federal Regulations, 2010 CFR

2010-01-01

.... If you wrongfully misapply these proceeds, you will be liable to SBA for one and one-half times the.... Any failure to respond in time will be considered an admission that you misapplied the proceeds. If... face criminal prosecution or civil or administrative action. ...

48 CFR 1252.237-71 - Certification of data.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 5 2014-10-01 2014-10-01 false Certification of data... represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g... its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2...

28 CFR 0.29j - Law enforcement authority.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Law enforcement authority. 0.29j Section...-Office of the Inspector General § 0.29j Law enforcement authority. Subject to guidelines promulgated by...) Detect and assist in the prosecution of crimes in violation of the laws of the United States and to...

32 CFR 147.6 - Guidance D-Sexual behavior.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 1 2011-07-01 2011-07-01 false Guidance D-Sexual behavior. 147.6 Section 147.6 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN... prosecuted; (2) Compulsive or addictive sexual behavior when the person is unable to stop a pattern or self...

32 CFR 147.6 - Guidance D-Sexual behavior.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 1 2013-07-01 2013-07-01 false Guidance D-Sexual behavior. 147.6 Section 147.6 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN... prosecuted; (2) Compulsive or addictive sexual behavior when the person is unable to stop a pattern or self...

32 CFR 147.6 - Guidance D-Sexual behavior.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 1 2014-07-01 2014-07-01 false Guidance D-Sexual behavior. 147.6 Section 147.6 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN... prosecuted; (2) Compulsive or addictive sexual behavior when the person is unable to stop a pattern or self...

32 CFR 147.6 - Guidance D-Sexual behavior.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 1 2012-07-01 2012-07-01 false Guidance D-Sexual behavior. 147.6 Section 147.6 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN... prosecuted; (2) Compulsive or addictive sexual behavior when the person is unable to stop a pattern or self...

Some More Microscale Gas Experiments

ERIC Educational Resources Information Center

Worley, Bob

2011-01-01

In 1984, a teacher was successfully prosecuted by the Health and Safety Executive. The case centred around chemically prepared hydrogen that was dried by bubbling it through concentrated sulfuric(VI) acid and then passed over hot copper(II) oxide. The procedure was often carried out quantitatively to find the mass of copper in a sample of…

"Ingraham v. Wright" and the Decline of Due Process.

ERIC Educational Resources Information Center

Clark, Gerard J.

1978-01-01

Suggests that the constitutional questions in "Ingraham vs Wright" lend credence to a concern that the Court is seeking to eliminate all due process intervention outside of the incorporation and privacy cases and to limit even these cases to defenses of a criminal prosecution. Available from Suffolk University Law Review Office, 41…

45 CFR 2554.37 - Are there sanctions for misconduct?

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Are there sanctions for misconduct? 2554.37... there sanctions for misconduct? (a) The ALJ may sanction a person, including any party or representative... prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly...

45 CFR 2554.37 - Are there sanctions for misconduct?

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 4 2011-10-01 2011-10-01 false Are there sanctions for misconduct? 2554.37... there sanctions for misconduct? (a) The ALJ may sanction a person, including any party or representative... prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly...

45 CFR 2554.37 - Are there sanctions for misconduct?

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 4 2013-10-01 2013-10-01 false Are there sanctions for misconduct? 2554.37... there sanctions for misconduct? (a) The ALJ may sanction a person, including any party or representative... prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly...

45 CFR 2554.37 - Are there sanctions for misconduct?

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 4 2014-10-01 2014-10-01 false Are there sanctions for misconduct? 2554.37... there sanctions for misconduct? (a) The ALJ may sanction a person, including any party or representative... prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly...

45 CFR 2554.37 - Are there sanctions for misconduct?

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 4 2012-10-01 2012-10-01 false Are there sanctions for misconduct? 2554.37... there sanctions for misconduct? (a) The ALJ may sanction a person, including any party or representative... prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly...

32 CFR 720.1 - Delivery of persons requested by State authorities in criminal cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... authorities in criminal cases. 720.1 Section 720.1 National Defense Department of Defense (Continued... criminal cases. Subpart A of this part deals with requests by State authorities for the surrender of... criminal prosecution. Responding to such requests by a State for delivery of members or civilian employees...

25 CFR 63.35 - How may Indian child protection and family violence prevention program funds be used?

Code of Federal Regulations, 2014 CFR

2014-04-01

... treatment programs. (c) Develop and implement multidisciplinary child abuse investigation and prosecution...) Purchase equipment to assist in the investigation of cases of child abuse and child neglect. (f) Develop..., courts of competent jurisdiction, and related agencies to ensure investigations of child abuse cases to...

25 CFR 63.35 - How may Indian child protection and family violence prevention program funds be used?

Code of Federal Regulations, 2012 CFR

2012-04-01

... treatment programs. (c) Develop and implement multidisciplinary child abuse investigation and prosecution...) Purchase equipment to assist in the investigation of cases of child abuse and child neglect. (f) Develop..., courts of competent jurisdiction, and related agencies to ensure investigations of child abuse cases to...

25 CFR 63.35 - How may Indian child protection and family violence prevention program funds be used?

Code of Federal Regulations, 2013 CFR

2013-04-01

... treatment programs. (c) Develop and implement multidisciplinary child abuse investigation and prosecution...) Purchase equipment to assist in the investigation of cases of child abuse and child neglect. (f) Develop..., courts of competent jurisdiction, and related agencies to ensure investigations of child abuse cases to...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

Financial Journalism under Fire: The SEC and Newsroom Ethics.

ERIC Educational Resources Information Center

Spellman, Robert L.

Although noting that the Securities and Exchange Commission (SEC) has been a valuable ally of journalists, this paper suggests that recent efforts of the SEC in prosecuting the case of R. Foster Winans, Jr., a former writer for the "Wall Street Journal," may be unconstitutional. Following an introduction to the First Amendment issues…

28 CFR 2.62 - Rewarding assistance in the prosecution of other offenders; criteria and guidelines.

Code of Federal Regulations, 2010 CFR

2010-07-01

... an offender other than the prisoner. Other significant assistance (e.g., providing information... in sufficient detail to permit a full evaluation. However, no promises, express or implied, as to a... release of the prisoner must not threaten the public safety. (4) The assistance must not have been...

76 FR 45757 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-01

... that litigation is likely to affect the CFPB or any of its components; (8) A grand jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the subpoena or request has been...

77 FR 59386 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-27

... a proceeding, or in connection with criminal law proceedings; (8) A grand jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the subpoena or request has been specifically approved...

77 FR 24185 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-23

... that litigation is likely to affect the CFPB or any of its components; (7) A grand jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the subpoena or request has been...

77 FR 67802 - Privacy Act of 1974, as Amended

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-14

... potentially relevant to a proceeding, or in connection with criminal law proceedings; (8) A grand jury pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the subpoena or request has been...

Interactive and Authentic e-Learning Tools for Criminal Justice Education

ERIC Educational Resources Information Center

Miner-Romanoff, Karen; McCombs, Jonathan; Chongwony, Lewis

2017-01-01

This mixed-method study tested the effectiveness of two experiential e-learning tools for criminal justice courses. The first tool was a comprehensive video series, including a criminal trial and interviews with the judge, defense counsel, prosecution, investigators and court director (virtual trial), in order to enhance course and learning…

77 FR 72783 - Notice of Proposed Rulemaking: Definitions of Transmittal of Funds and Funds Transfer

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-06

... Officer at (703) 905-5034 (not a toll-free call). Board: Please submit your comments, identified by Docket... by the Annunzio-Wylie Anti-Money Laundering Act of 1992 (Pub. L. 102-550) (``Annunzio-Wylie... prosecute money laundering and other financial crimes by preserving an information trail about persons...

Remarks of Richard L. Thornburgh to the Graduating Class, Career Prosecutor Course.

ERIC Educational Resources Information Center

Thornburgh, Richard L.

Law enforcement today is under intense and increasing public pressure regarding allegations of wrongdoing such as wiretapping, illegal entry, and unlawful surveillance. Meanwhile, law enforcement must continue its main task of investigation and prosecution of criminal offenses in which the prosecutor plays a key role. In many communities the…

Impact of Child Sexual Abuse Medical Examinations on the Dependency and Criminal Systems.

ERIC Educational Resources Information Center

De Jong, Allan R.

1998-01-01

Reviews previous research on the sociolegal impact of medical evaluations for child sexual abuse; offers a recommended menu of research questions, concerning process and outcomes of these evaluations, interviewing techniques, the use of medical evidence in prosecution, and knowledge level of professionals in the criminal and dependency systems.…

Predictors of Legal Intervention in Child Maltreatment Cases.

ERIC Educational Resources Information Center

Tjaden, Patricia G.; Thoennes, Nancy

1992-01-01

Analysis of records of dependency and criminal filings in 833 substantiated intrafamilial child abuse and neglect cases in 3 U.S. cities indicated that legal intervention was rare, with dependency filings and prosecutions in just 21% and 4% of the sample, respectively, although treatment plans and out-of-home placements occurred more frequently.…

Criminal Prosecution of Child Sexual Abuse Cases.

ERIC Educational Resources Information Center

Martone, Mary; And Others

1996-01-01

This study of police and hospital records for 451 intrafamilial/caretaker child sexual abuse allegations in Chicago, Illinois, found that few children had to appear as witnesses, as 95% of cases were resolved through plea bargaining. Trial resolution took 12 to 16 months. Of 77 felony complaints initiated, 48 ended in convictions, with 43 convicts…

The Marine Corps Civil Military Operations (CMO) Capability: Inadequate for Current and Future Irregular Environments

DTIC Science & Technology

2011-05-02

the 2011 National Military Strategy contend and numerous analysts posit, that the United States will continue to prosecute irregular warfare or a...think tank reports, and the ruminations of various luminaries that the United States will be involved in inegular wmfare throughout the remainder of

75 FR 18857 - Privacy Act of 1974; Department of Homeland Security Citizenship and Immigration Services...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-13

... processing of information and to aid the Ombudsman in assisting individuals and employers in making systemic... individuals and employers problems allowing the Ombudsman to make systemic recommendations to USCIS. The... prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either...

Watergate. Documents from the National Archives.

ERIC Educational Resources Information Center

National Archives and Records Administration, Washington, DC.

The documents in this package focus on the three basic questions raised by Watergate: (1) Should President Nixon have been impeached?; (2) Should he have been prosecuted?; and (3) Should he have been pardoned? These documents do not begin to tell the whole story of Watergate, but they do suggest some of the issues involved. "Suggestions for…

Review and Analysis of Laws Related to Strangulation in 50 States

ERIC Educational Resources Information Center

Laughon, Kathryn; Glass, Nancy; Worrell, Claude

2009-01-01

Nonlethal strangulation of intimate partners has substantial direct health effects and is associated with an increased risk of later lethal violence by a partner or ex-intimate partner but can be difficult to prosecute under felony assault statutes. After review of state laws regarding assault, the authors identified 10 states with specific…

Caught on Camera: Special Education Classrooms and Video Surveillance

ERIC Educational Resources Information Center

Heintzelman, Sara C.; Bathon, Justin M.

2017-01-01

In Texas, state policy anticipates that installing video cameras in special education classrooms will decrease student abuse inflicted by teachers. Lawmakers assume that collecting video footage will prevent teachers from engaging in malicious actions and prosecute those who choose to harm children. At the request of a parent, Section 29.022 of…

37 CFR 1.137 - Revival of abandoned application, terminated or limited reexamination prosecution, or lapsed patent.

Code of Federal Regulations, 2010 CFR

2010-07-01

... petition may be filed pursuant to this paragraph to revive an abandoned application, a reexamination... unintentional, a petition may be filed pursuant to this paragraph to revive an abandoned application, a... fee. (d) Terminal disclaimer. (1) Any petition to revive pursuant to this section in a design...

Reported Consequences of Decriminalization of Consensual Adult Homosexuality in Seven American States

ERIC Educational Resources Information Center

Geis, Gilbert; And Others

1976-01-01

This article reports results of a survey of police officials, prosecuting attorneys, and members of homosexual groups in the seven states that had decriminalized private homosexual behavior between consenting adults. The response indicates that decriminalization has eased the problems of the homosexual community without any other adverse effects.…

36 CFR 262.1 - Rewards in connection with fire or property prosecutions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Rewards in connection with..., DEPARTMENT OF AGRICULTURE LAW ENFORCEMENT SUPPORT ACTIVITIES Rewards and Payments § 262.1 Rewards in... appropriation or authorize the payment thereof, the Department of Agriculture will pay the following rewards: (1...

Forcible Rape: Prosecutor Administrative and Policy Issues. Prosecutors' Volume III.

ERIC Educational Resources Information Center

1978

This report addresses the need for policy change in rape cases and suggests ways in which the prosecutor can encourage reporting of rape, more sensitive treatment of victims, and more rape trials and convictions. Standardized reporting forms listing all elements necessary for successful prosecution should be developed for both police and court…

47 CFR 64.201 - Restrictions on indecent telephone message services.

Code of Federal Regulations, 2011 CFR

2011-10-01

... to prosecution for the provision of indecent communications under section 223(b)(2) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has taken the action... 47 Telecommunication 3 2011-10-01 2011-10-01 false Restrictions on indecent telephone message...

47 CFR 64.201 - Restrictions on indecent telephone message services.

Code of Federal Regulations, 2013 CFR

2013-10-01

... to prosecution for the provision of indecent communications under section 223(b)(2) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has taken the action... 47 Telecommunication 3 2013-10-01 2013-10-01 false Restrictions on indecent telephone message...

47 CFR 64.201 - Restrictions on indecent telephone message services.

Code of Federal Regulations, 2014 CFR

2014-10-01

... to prosecution for the provision of indecent communications under section 223(b)(2) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has taken the action... 47 Telecommunication 3 2014-10-01 2014-10-01 false Restrictions on indecent telephone message...

47 CFR 64.201 - Restrictions on indecent telephone message services.

Code of Federal Regulations, 2012 CFR

2012-10-01

... to prosecution for the provision of indecent communications under section 223(b)(2) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has taken the action... 47 Telecommunication 3 2012-10-01 2012-10-01 false Restrictions on indecent telephone message...

New Frontiers: Training Forensic Accountants within the Accounting Program

ERIC Educational Resources Information Center

Ramaswamy, Vinita

2007-01-01

Accountants have recently been subject to very unpleasant publicity following the collapse of Enron and other major companies. There has been a plethora of accounting failures and accounting restatements of falsified earnings, with litigations and prosecutions taking place every day. As the FASB struggles to tighten the loopholes in accounting,…

The lone inventor: low success rates and common errors associated with pro-se patent applications.

PubMed

Gaudry, Kate S

2012-01-01

A pro-se patent applicant is an inventor who chooses to represent himself while pursuing ("prosecuting") a patent application. To the author's knowledge, this paper is the first empirical study addressing how applications filed by pro-se inventors fare compared to applications in which inventors were represented by patent attorneys or agents. The prosecution history of 500 patent applications filed at the United States Patent and Trademark Office were analyzed: inventors were represented by a patent professional for 250 of the applications ("represented applications") but not in the other 250 ("pro-se applications"). 76% of the pro-se applications became abandoned (not issuing as a patent), as compared to 35% of the represented applications. Further, among applications that issued as patents, pro-se patents' claims appear to be narrower and therefore of less value than claims in the represented patent set. Case-specific data suggests that a substantial portion of pro-se applicants unintentionally abandon their applications, terminate the examination process relatively early, and/or fail to take advantage of interview opportunities that may resolve issues stalling allowance of the application.

[Legal Framework of Autologous Fat Usage in Point-of-Care Treatments in Plastic and Aesthetic Surgery - Risks of Criminal Prosecution and Infringement of Medical Law Due to Pharmaceutical Regulations].

PubMed

Faltus, T

2016-08-01

The use of autologous fat, especially for (stem) cell-assisted lipotransfer in plastic and aesthetic surgery, has regularly been regarded as the manufacture and application of so called Advanced Therapy Medicinal Products (ATMP). However, the in-house production of such pharmaceuticals at the point-of-care (PoC) in the surgeon's practice is not permitted without an official manufacturing license. Therefore, before beginning such treatments, a pharmaceutical manufacturing license has to be granted to the surgeon to avoid criminal prosecution and negative consequences due to infringement of professional regulations. Because such a license is linked to compliance with GMP standard, in-house manufacturing of such pharmaceuticals also implies extra technical and personnel expenses. The surgeon is obliged to check that the available autologous fat based applications are in compliance with pharmaceutical legislation. Repeated infringements of pharmaceutical regulations are incompatible with medical reliability - a prerequisite for the license to practice medicine. © Georg Thieme Verlag KG Stuttgart · New York.

How do public health safeguards in Indian patent law affect pharmaceutical patenting in practice?

PubMed

Sampat, Bhaven N; Amin, Tahir

2013-08-01

The 1995 Trade Related Intellectual Property Rights (TRIPS) agreement required developing countries to grant product patents in pharmaceuticals. Developing countries have since explored various measures to ameliorate potential negative effects of the new laws on public health. A prominent example is India, whose post-TRIPS patent laws include a provision, section 3(d), that restricts patents on incremental pharmaceutical innovations. Its critics and supporters alike suggest that this provision makes Indian patent law very different from that in other jurisdictions. Yet there are concerns that given resource constraints facing the Indian patent office, this novel feature of Indian patent laws on the books may not have an effect on Indian patent prosecution in practice. We test this by examining the prosecution outcomes of 2,803 applications filed in both India and Europe, coded by whether they include claims that trigger 3(d) considerations. We find that having the 3(d) provision on the books does not translate into very different patent outcomes in practice in India, relative to Europe, a jurisdiction without this provision.

Competition policy in patent cases and antitrust.

PubMed

Sobel, Gerald

2003-01-01

The article that follows examines the competition policy reflected in the decisions of the Court of Appeals for the Federal Circuit in its patent cases. The court's views on this subject have been manifested most plainly in decisions that have transformed the law concerning infringement under the doctrine of equivalents and claim construction. In both categories, the court narrowed patent scope by reason of its desire to protect competitors. The article argues that the court's premise in prescribing narrower claim scope reflected an incomplete view of competition policy. The court's analysis overlooked the benefits to competition provided by patents, which stimulate inventions and their development. The article traces the development of antitrust jurisprudence and demonstrates how respect for the contribution of patents to competition and skepticism of free-riding has evolved, particularly beginning in the 1970s. The article draws a parallel between the Court's reasoning about competition policy, on the one hand, and the rejected views of Justices Hugo Black and William O. Douglas and abandoned patent-antitrust jurisprudence, on the other. The Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 234 F.3d 558 (Fed. Cir. 2000), on the subject of equivalents is considered in the paper. In that decision, the majority adopted a new rule that completely barred infringement under the doctrine of equivalents of any claim limitation where, in prosecution, there had been a narrowing amendment relating to patentability. In the past, prosecution estoppel foreclosing equivalents had been subject to a "flexible bar," which, in some circumstances, allowed for equivalence notwithstanding such an amendment. The article points out that because almost all patents are amended during prosecution, the effect would be to allow widespread copying of patented inventions by trivial modifications of any narrowed claim limitation. The incentive to innovate in the future would be correspondingly diminished and the expectations of past patentees would be correspondingly altered.

Forensic timber identification: It's time to integrate disciplines to combat illegal logging

Treesearch

Eleanor E. Dormontt; Markus Boner; Birgit Braun; Gerhard Breulmann; Bernd Degen; Edgard Espinoza; Shelley Gardner; Phil Guillery; John C. Hermanson; Gerald Koch; Soon Leong Lee; Milton Kanashiro; Anto Rimbawanto; Darren Thomas; Alex C. Wiedenhoeft; Yafang Yin; Johannes Zahnen; Andrew J. Lowe

2015-01-01

The prosecution of illegal logging crimes is hampered by a lack of available forensic timber identification tools, both for screening of suspectmaterial and definitive identification of illegally sourcedwood. Reputable timber traders are also struggling to police their own supply chains and comply with the growing requirement for due diligence with respect to timber...

The Engine of Change: The Evolution of Culture into the Army Planning Process

DTIC Science & Technology

2013-05-23

identify and then account for culture in its planning process.12 In essence, Napoleon Bonaparte , the Commander of the French Army, misunderstood the...Chandler, The Campaigns of Napoleon , 602. 17 Ibid. 8 Joseph Bonaparte , and prosecute...6 Vignette: Napoleon Bonaparte’s Lack of Cultural Consideration during the Peninsular Campaign, 1806–1814

Drugged driving in Louisiana: quantification of its impact on public health and implications for legislation, enforcement, and prosecution : final report.

DOT National Transportation Integrated Search

2017-02-01

Drugged driving, i.e., driving under the influence of drugs, is considered a rising public health issue in the US and the rest of the world, yet due to underreporting and limitations of existing data, not much is known about the frequency of drugged ...

Combating Transnational Terrorism in the East African Region: The Role of the African Union Mission in Somalia

DTIC Science & Technology

2017-06-01

four main groups : prevention; disruption; prosecution; and coordination and information sharing. Under prevention, counterterrorism forces are... group has transformed into small active units capable of conducting assassinations, kidnapping, planting improvised explosive devices, and attacking...remaining challenges and highlights 1 International Crisis Group , “Working to Prevent Conflict Worldwide