Data Relating to Domestic Violence

Formston Bromfield Lawyers   September 21, 2016   Comments Off on Data Relating to Domestic Violence

Residential violence is a major issue in the United States. Stats reveal that women are preyed on at a much greater rate than men are on the cases related to medicaid fraud michigan . According to nationwide studies by numerous companies, 84 percent of domestic violence victims are women.

In addition, one in 3 women and one in 4 males report being the victim of some kind of physical violence by a romantic partner eventually in their lifetime with one in five women and one in 7 males reporting the abuse as being serious physical violence.

Male report much of the very same issues related to domestic violence as numerous women do, consisting of circumstances of stalking. Roughly, 5.1 million men report being stalked eventually throughout their life time. Additionally, one in 71 men report being raped by someone they understand and 29 percent of these guys said that the rape was committed by an intimate partner.

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When males do report circumstances of residential violence, law enforcement officers may not take the allegations seriously. In addition, there are far less resources offered to assist male victims of residential violence than there are to help female victims of residential violence. Some males might be afraid that if they report domestic violence they might even be implicated of inflicting the abuse.Securities for Male Victims of Domestic Violence.

The laws regarding domestic violence use directly to males. The Violence Against Women Act uses similarly to men as it does to women. Due to the rampant problem of residential violence and the thousands that suffer from it, it is very important that men receive advocacy on their behalf.

Rather than concentrating on efforts specifically targeted to violence versus women, a factor to consider is to shift the focus to intimate partner violence no matter the sex of the victim.

Risks of Stop and Frisk

Formston Bromfield Lawyers   September 21, 2016   Comments Off on Risks of Stop and Frisk
Generally, in order for a police officer to detain someone, the officer must have likely cause to make the arrest or have a warrant for the person’s arrest. Prior to police can browse a person, there must be a warrant to this result. There are exceptions to these general guidelines, however. For example, authorities can take evidence of a criminal activity if it remains in plain sight. A stop and frisk is likewise an exception to the basic guidelines.

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Stop and Frisk Guidelines

Stop and frisk allows a police officer to momentarily stop an individual and frisk him or her for weapons. This can occur if the law enforcement officer has sensible suspicion that the suspect has committed a crime and the police officer thinks that the suspect may be armed and unsafe. A law enforcement officer may develop sensible suspicion based on the suspect’s disposition, actions and emotion. In addition, the police officer may consider the environments, such as the time of day, the geographic area and whether the suspect’s existence in the area is out of the regular.

Frisking

One of the most significant issues connected with the stop and frisk procedure is frisking. As soon as a police officer stops a suspect, he or she might also frisk that individual if the police officer believes that the suspect is equipped and dangerous or remains in concerned about his or her safety or that of others around him or her.

A frisk involves patting down the suspect to feel for particular things. A police officer might discover a weapon throughout this brief frisk. He or she may also feel drugs based on this pat down. If it is readily evident that the item felt during the frisk is some kind of drug, the police officer can take the evidence which can later be used versus the suspect.

Incentives

Another problem with stop and frisk is that some law enforcement agencies promote officers or otherwise provide incentives based upon the effective searches and stop and frisks that help reveal weapons or drugs. This structure puts a reward on making false declarations relating to sensible suspicion in order to discover more items during this kind of search.

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Prejudiced Practices

Some opponents find that stop and frisks are carried out a lot more typically in certain areas and including more people of minority backgrounds than more wealthy people or Caucasian individuals. In this way, the tool can be used as an inequitable method to make random stops on minority people.

Unjustified Stops

When stop and frisks are rampant, some individuals may be stopped who are not wrongdoers and who had no objective of committing a criminal offense.

Neighborhood Worry

While criminals may hesitate that they might be stopped at any time by law enforcement, innocent people may likewise be afraid of these possibilities. Stop and frisk was originally a strategy that was intended to protect police officers who put their lives in danger merely by wearing a uniform. However, some community members believe that this method has the potential to trigger peaceful, obedient citizens to be afraid of the very people who are employed to safeguard them. Due to the possible abuse of the stop and frisk technique, this process is now thought about among the most questionable cop’s procedures in existence. This state has actually triggered some locations to completely end the practice.

DUI Homicide Defense

Formston Bromfield Lawyers   September 21, 2016   Comments Off on DUI Homicide Defense
Blood Test ResultsIn numerous car homicide cases, there may be no field sobriety tests to challenge because the defendant is instantly transferred to a medical facility after suffering his or her own injuries. When this takes place, the primary challenge may be to the blood test. A criminal defense attorney might attempt to get the blood evidence omitted from evidence.

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This procedure can be hard because blood tests are generally a lot more dependable than breath tests. Suppression of these results is typically based upon some kind of procedural error. The hospital might not have taken the blood sample with the accused’s authorization. The offender might have been unconscious and unable to supply authorization or might have been given medication and lack the capacity to approval. A criminal defense attorney might wish to have a separate blood test completed in case it provides different results than the one obtained by cops.

If it is not possible to conduct a new test, the defense lawyer may discover other ways to reduce the blood evidence, such as assaulting the way that it was drawn, refuting its accuracy if an alcohol swab was used to sterilize the area prior to the injection or by suggesting that the blood was drawn long after the mishap which would lead to a various and potentially greater BAC than the BAC the chauffeur would have had at the time of the mishap.

Other Descriptions for the Mishap

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Instead of assuming that the defendant was fully responsible for the accident, there may be other reasons for the mishap. The victim might have been acting thoughtlessly or another driver might have been involved.

Missing Components

Sometimes overzealous district attorneys charge car murder cases as something more insidious, such as first or second degree murder. These charges generally require a more powerful mental state than the simple negligence used to validate a car murder case. Depending upon the charge, murder may need a showing that the offender had an intent to kill. For 2nd degree murder, the prosecution may have to show that the accused had a reckless neglect for human life. A criminal defense attorney might argue for pre-trial motions in assistance to dismiss charges because of the missing intent or other aspect in the event.