Crime Scene Forensics - Direct vs Circumstantial Evidence

Evidence can be direct or circumstantial. What is the difference? Direct evidence refers to evidence that establishes a fact. A good example of direct evidence is statements or confessions made by the witnesses. Circumstantial evidence, on the flipside, requires that a judge and/or jury make indirect judgments, or inferences, about what transpired at the scene of a crime. For instance, if fingerprints or hairs found at the scene are consistent with that of a perpetrator, jurors may infer that the print or hair definitely belongs to the defendant. Since fingerprints or hairs were found at the crime scene, those pieces of evidence links the defendant to he scene.

Circumstantial evidence is not definitive proof. It only provides a general idea of what occurred at the crime scene. Many times, evidence identified forensically is circumstantial. However, direct evidence, such as eyewitness accounts, victims' statements, or offenders' confessions, may influence the interpretation of test results made by the medical examiner (ME). Direct evidence may also influence the ME's reconstruction of the crime scene.

In general, direct evidence is not considered to be as reliable as circumstantial evidence. Historically, eyewitnesses are poor at identifying perpetrators or remembering certain events. Therefore, their eyewitness accounts are not always credible. People have a tendency to make up events as opposed simply restating actual events like a tape recorder.

Crime Scene Forensics - Direct vs Circumstantial Evidence

Furthermore, circumstantial evidence is more objective while direct evidence is subjective. Circumstantial evidence provides a more credible answer. An eyewitness account of what happened can be wrong approximately half the time whereas saliva and blood evidence can accurately set apart one person from the rest of the general population.

Crime Scene Forensics - Direct vs Circumstantial Evidence
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Fundamentals of Contract Law

No matter where you live in North America, you must have seen some humoristic vignettes depicting a not-so-trustworthy Realtor intent at selling a house to some innocent-looking couple. My favorite vignette, which still makes me chuckle today, goes back to a few years ago when I was practicing real estate at United Realty. It involved a Real Estate Agent of Pompeii Realty, briefcase in hand, in the process of selling a house to an ancient Roman couple sometimes around 100 BC . The house is overlooking Mt. Vesuvius. There is a black, threatening, ominous plume of smoke coming out of the top of the volcano, and the Roman couple looks somewhat startled when the Real Estate Agent - big smile on his face - delivers the punchline: " Plus, with a view like this what could possibly go wrong" !

What is it exactly that you do when you sign a 'contract' . The term 'contract' means a promise or a set of promises made by one person to another, which the Courts will enforce. A contract can contain a number of promises or 'terms' to be performed by either party. The person who makes the promise is called the 'promissor' and the person who can enforce that promise is called the 'promissee' . If the contract contains several mutual promises, each party will be both a promissor and a promissee. Contracts of Purchase and Sale of land and interests in land usually have lots of mutual promises. Contracts are a crucial part of every business transaction, but not nearly as much as in Real Estate. For instance, some contracts are made verbally while others are made by simply exchanging letters or even e-mails. This is not the case in Real Estate, where it is a requirement at Law that contracts be written down in usually lengthy legal forms to avoid uncertainty, ambiguity and to be binding .

A contract has seven essential elements:

Fundamentals of Contract Law

Offer.

Acceptance.

Consideration

Legal Intent.

Capacity.

Legal Object.

Genuine Consent.

Each of these elements must be present for a contract to be binding and enforceable. Let's examine them individually.

OFFER

An offer is the promise made by one party to another. Save and except in Real Estate where the offer must be in writing, an offer can be made in any form. In all circumstances, however, an offer must be made in clear an unambigous terms. If more than one interpretation can be given to an offer, neither interpretation will be followed by the Courts. There are 'unilateral' and 'bilateral' offers. Offers to purchase real property are bilateral, i.e. containing the exchange of mutual promises.

An offer is not made forever. Offers can either be finalized, when all mutual promises are fulfilled. Or they can expire, if not timely accepted. Or they can be released, if one of the parties does not - or cannot - deliver on the promise. Offers can also be revoked after acceptance, unless a term of the offer stipulates that revocation is not allowed.- as it is now the case in British Columbia for offers involving land. A 'counter-offer' is simply an offer from the offeree back to the offeror. The legal effect of a counter-offer is to terminate the original offer and substitute the offer of the offeree. What this means in practicality is that if the counter-offer is not accepted, the offeree cannot try to accept the first offer unless it is tendered again by the offeror. This is a point often times neglected in Real Estate, which has caused several tears to be spilled.

ACCEPTANCE

The acceptance, like the offer, must be given in clear terms. It must be a positive act. For instance, an offer cannot state "If I don't hear from you, I will assume you have accepted". Doing nothing will never be considered legal acceptance. The rule at Law is that where an offer is required by statute to be in writing, then also the acceptance must be in writing in order for the offer to become a contract binding on both parties. Such is the case in Real Estate. An acceptance has no effect until it is communicated to the offeror. Communication can be made by 'instantaneous means' as in the case of telephone or teletype or fax communications, or e-mail or hand-delivery and by 'non-instantaneous means' such as postal mail. The Law gives the responsibility to the offeror to specify how he wants the offer to be accepted. If the offeror chooses a method like slow mail, then he assumes the risks involved in that type of service (such as misdelivery).

CONSIDERATION

For an offer and acceptance to form a contract there must be consideration or the contract must be signed under seal. Consideration is defined as 'some right, benefit or profit accruing to the promissor or some forebearance, detriment, loss or otherwise responsibility suffered by the promissee' . What this means is that the party trying to enforce the contract must have 'paid' something in exchange for the promise of the other party. Consideration must be of real value, but it does not have to be money. For example, a mutual exchange of promises is consideration per se.

LEGAL INTENTION

For a person to be bound to a contract, he must seriously intend to create legal obligations. For example, inviting a guest for dinner would normally not be considered a contract intended to create legal obligations. The Law presumes that there is legal intention in a contract involving total strangers. On the other hand, if the contract is between family members the Law presumes that there is no intention to be so bound (non arm-length transaction). However, this presumption can be reversed if there is evidence to show otherwise.

CAPACITY

Even when all the foregoing essential elements exist, a contract can still be void, voidable or illegal. A void contract is one which is deemed at Law never to have existed. A voidable contract is slightly different: it exists until it is repudiated by one of the parties. An illegal contract is one which is made for an illegal purpose, and which is therefore always void. Examples of voidable contracts are the ones made when one of the parties is an infant, i.e. a minor or under the majority age. In this case the contract can be voided by the infant. Likewise, when one of the parties is legally insane, the contract is voidable. A special case is a contract stipulated when one of the parties is a limited company or corporation. Three questions must be first answered before the contract can be enforceable: 1) whether the corporation does in fact exist and 2) whether it has the capacity to enter into the contract and 3) whether the person signing on behalf of the corporation is, in fact, the authorized signatory.

LEGAL OBJECT

Quite aside from blatantly illegal contracts such as, for examples, contracts to commit a crime or tort until recently here in British Columbia certain other types of contracts where considered illegal. For example, until the mid-80's contracts involving the sale of land made on a Sunday were deemed to be a contravention of s.4 of the Lord's Day Act(now repealed) and, thus, illegal and void. Since then, the Supreme Court of Canada has ruled that the application of s.4 - in fact the entire Lord's Day Act - is unconstitutional in that it infringes on the freedom of conscience and religion guaranteed by the Canadian Charter of Rights and Freedom.

GENUINE CONSENT

If one of the parties makes a misrepresentation or if the contract contains an inherent mistake, the contract may still not be binding. A misrepresentation is, by definition, a statement which is false and which must have induced one of the parties to enter into the contract. A misrepresentation can be innocent, negligent or fraudulent and different remedies are available to the party suffering damages because of the nature of the misrepresentation. If the representation is innocent, the party can sue for rescission of the contract. In the case of negligent or fraudulent misrepresentation, the affected party can sue for damages as well. Although misrepresentation requires a statement to be made, in Real Estate silence too can result in some form of misrepresentation. Disclosure of latent defects is one such example: failure to disclose latent defects on the part of the Seller will not, by itself, affect the consent of the parties but will have similar consequences as misrepresentation.

In the case of inherent mistake, true consent of the parties does not exist. The logic behind this notion is that the parties were negotiating for a subject matter other than the one stipulated in the contract. A specific type of mistake is sometimes referred to as 'non est factum' , Latin for 'this is not my deed' . This occurs when a person executes one form of document thinking the document is something else. Duress and undue influence both affect the genuine consent element of a contract. Duress occurs when a person is forced to enter into the contract against his will. As a result, the Courts will find the contract voidable at his option. Undue influence, on the other hand, is more subtle. Like duress it results in one party losing his free will to contract out. However it occurs more frequently when a person is in a superior or dominant position in relation to another and uses this influential position to induce the other to enter into the contract. Again, if undue influence is found, the contract is voidable at the option of the innocent party.

Luigi Frascati

luigi@dccnet.com

http://www.luigifrascati.com
Real Estate Chronicle

Fundamentals of Contract Law
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Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He is the author of the Real Estate Chronicle, his weblog published online. Luigi holds a Bachelor Degree in Economics and has been practising real estate for the past eighteen years

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Crime Scene Forensics - Analyzing Broken Glass Found at a Crime Scene

Suppose a victim called police and notified that somebody committed a drive-by shooting on his house. Crime scene investigators (CSI's) then show up to investigate the crime. One of the things they look at is the broken glass through which the bullet or bullets pass. Such evidence can tell a story to the technician with a keen eye for the details found in broken glass.

The manner in which glass breaks many times presents clues with regard to how it was broken. For instance, glass that was broken by a speeding baseball will have a different pattern of fracture than glass that was broken by a speeding bullet.

Particular break characteristics allow a forensic scientist to ascertain the direction from which the impact came. They include a special kind of stress-fracture lines called conchoidal lines. Conchoidal lines are lines that emanate from the site of impact. When viewing glass through its thickness, these lines curve out and away from the point of impact in a curve resembling a seashell curve.

Crime Scene Forensics - Analyzing Broken Glass Found at a Crime Scene

If the investigator takes a closer look at the conchoidal lines, he can see tiny lines that radiate almost 90 degrees from the conchoidal lines. These fracture lines are known as hackle marks.

Cracks in windows and other flat plates of glass such as windshields tend to radiate and concentrate. When viewing the glass perpendicularly from the surface, one can see radial cracks that radiate outward from the impact point. Picture this like the spokes that radiate from the center of a wheel.

Again, when viewing the glass perpendicularly from the surface, one would also find cracks that concentrate around the impact point and are called concentric cracks. Concentric cracks are cracks that form progressively larger circles around the impact point. Picture this as a circle within a circle within a circle....all surrounding the impact point.

If a speeding bullet strikes a window and penetrates it but does not completely break it, the destruction may leave behind a hole accompanied or not accompanied by the aforementioned fracture lines.

On one side of the impact (the entrance side), the hole will be small and clean. On the other side of impact (the exit side), a small conical piece of glass would have been removed. CSI's would normally view the glass from both sides to determine a bullet's trajectory; i.e. whether the bullet was fired from the outside of the house in as in the case of a drive-by shooting or vice versa.

The next time you watch your favorite CSI or Forensic Files TV show, you will have a better understanding of how broken glass is studied in a crime lab in order to bring a perpetrator to justice.

Crime Scene Forensics - Analyzing Broken Glass Found at a Crime Scene
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Martial Arts, Crime, Our Children

As a martial artist and an expert in behavioral modification, I see a lot of illegal behaviors reinforced by citizens. It is easy to reinforce the behavior of a criminal, give him or her your wallet, make it easy for him or her to break into your house, do not call the police, always assume it will happen to the other person and not you. By making it easy for the criminal to get your money, jewelry, body, or whatever he or she is after, we positively reinforce their negative behavior by allowing the criminal to have instant gratification of his or her actions without any consequences to the negative behavior.

As martial artists, we have even more responsibility. The very act of taking martial arts lessons, implies that we are aware that crime may happen to us or our loved ones. As martial artists, we should have taken steps to decrease the chances of crime, making criminals "work" harder for their "reward". Reward here is being defined as a positive reinforcement of a behavior whether that action is a positive or negative behavior in the eyes of our society. Unfortunately in most cases, if the criminal finds bars on the window he or she just goes to the next house. That small amount of time, however, could be the determining factor as to whether or not that criminal is caught.

Obviously, criminals have peers and friends, some of these may also be criminals. If you are in a classroom of first graders and one of the first graders has ice-cream, what question is more than likely going to be asked by every first grader there who doesn't have ice-cream? Need I say it? At this point who is the center of attention and being rewarded by the attention of his peers for having ice-cream? Yes, the first grader with the ice-cream is being rewarded with attention for having the ice-cream. The first grader will brag about how he or she got the ice-cream and the other students will do the same thing to acquire ice-cream as well.

Martial Arts, Crime, Our Children

Too simple of an example? "I mean come on we're talking about responsible adults here not children. That's different right?" No, it's not. As adults, we still receive positive and negative reinforcements, many of us enjoy being the center of attention, belonging to a group, and being recognized for our work. Oddly enough the same behavioral modification techniques used on children also work on adults.

By allowing criminals to receive their rewards for their negative behaviors we are positively reinforcing their criminal behavior and motivating others to follow the same behavioral pattern since others do not see any consequences of the original criminals actions, only a chance for immediate gratification.

Just because a criminal robbed someone with a knife and did not stab the victim this time, does not mean the criminal will not stab the victim the next time. The odds of any criminal killing someone while threatening the victim with deadly aggression increases the more crimes the criminal commits. By giving that criminal your wallet and not calling the police, by not reporting that you have been raped, by not pressing charges when you have been attacked, reinforces that criminal behavior and that criminal will strike again. More importantly, without consequences for the criminal's negative behavior, this behavior will be copied by others and you will be responsible for not helping to stop that criminal, an increase in crime, and for the next string of victims.

This has a direct effect on our children, both in keeping our children safe, from an ever growing population of criminals due to our own lackadaisicalness and negligence, and in raising our children to be good men and women surrounded by a people and media which expresses and stresses the negative actions of our society. No do not blame society or the media. Have you attempted to do anything about crime yourself? We have to decide, if the trouble of calling the police, reporting a break-in, a mugging, a rape, or anything suspicious is worth the safety of our own children and our children's children.

As martial artists we have another decision to make. Do we stand by and allow another person or ourselves to be mugged or raped, or do we help that person, at the risk of our own lives. The first way, we may make society safer for our children, but then our children may never see us again. The second way, we allow another human being to be injured or killed and aid in corrupting our future. Even a shout, yelling that someone called the police or the police are on there way is better than doing nothing.

--------------------------------------------------------------------------------

DO ALL THE GOOD YOU CAN:

God has a way of allowing us to be in the right place at the right time. I was walking down a dimly lit street late one evening when I heard muffled screams coming from behind a clump of bushes. Alarmed, I slowed down to listen and panicked when I realized that what I was hearing was the unmistakable sounds of a struggle: heavy grunting, frantic scuffling and tearing of fabric.

Only yards from where I stood, a woman was being attacked. Should I get involved? I was frightened for my own safety and cursed myself for having suddenly decided to take a new route home that night.

What if I became another statistic? Shouldn't I just run to the nearest phone and call the police? Although it seemed an eternity, the deliberations in my head had taken only seconds, but already the cries were growing weaker. I knew I had to act fast. How could I walk away from this? No, I finally resolved, I could not turn my back on the fate of this unknown woman, even if it meant risking my own life!

I am not a brave man, nor am I athletic, I do not want to get involved. Will my Martial Arts training I had years ago help even though I have never used it. I don't know where I found the moral courage and physical strength---but once I had finally resolved to help the girl, I became strangely transformed.

I ran behind the bushes and pulled the assailant off the woman. Grappling, we fell to the ground, where we wrestled for a few minutes until the attacker jumped up and escaped. Panting hard, I scrambled upright and approached the girl, who was crouched behind a tree, sobbing. In the darkness, I could barely see her outline, but I could certainly sense her trembling shock. Not wanting to frighten her further, I at first spoke to her from a distance. "It's OK," I said soothingly. "The man ran away. You're safe now." There was a long pause and then I heard the words, uttered in wonder, in amazement.

"Daddy, is that you?" And then, from behind the tree, stepped my youngest daughter, Katherine! Do all the good you can, In all the ways you can, in all the places you can, at all times you can, to all the people you can, as long as you ever can.

I cannot stress this enough, our actions, will have a direct effect on our children's safety and our grandchildren's safety. We are the one's who decide what type of society, crime-ridden or crime-free our children are going to live in. When someone is attacked or robbed and does nothing about it, that has an effect on your child.

Perhaps the best way to remember this long message to you is in this quote, Edmund Burke said, "The only thing necessary for the triumph of evil is for good men to do nothing"

Martial Arts, Crime, Our Children
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J. Richard Kirkham graduated from Eastern Illinois University as a dual certified teacher. He currently resides in Honolulu with his wife Jan and son Rylan.

Mr. Kirkham has recently authored several .00 books for the busy martial artist and self-defense practitioner who wants to get past the hype directly into the drills and techniques. Those who want even more detail should read his two martial arts books Solo Martial Arts Dills and Bringing The Martial Artist Out from Within http://kirkhamsebooks.com/MartialArts/

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Cybercrime and How to Prevent It

The growth of e-commerce has given rise to a new concern for security, cyber crime. Concerns regarding the same are constantly rising all over the world. Viruses are no more the only threat to one's computer; even a simple download from an illegitimate site can destroy your system and perhaps steal away all your hard earned money. The new kid on the block, internet banking fraud, is making its name on the scene. It is one of the most dreaded forms of cyber crime, leaving people clutching for their money.

The first level of the security problem starts from the developing stage i.e. when the web site is being designed. If the developers leave any sort of a loop-hole, an eventual hacker can extract confidential information from the website. To fix this problem the website planners must ensure their script is very well planned and tested, especially those which deal with private info. In such cases, using a Digital Certificate (Digital ID) in conjunction with SSL encryption provides complete security for all parties involved in a transaction.

The second layer of the problem lies with the users, who generally end up giving their vital information to various sites which are not verified. In fact, major crimes happen due this very reason! Also, we should spare a thought to the most common cyber foe: viruses. Viruses are known to make their ways into a computer most inconspicuously, often disguised. One needs to take a lot of care to avoid these deadly pc-killers. The users should avoid p2p networks (peer-to-peer). One should try and download only from a known & trusted source, or else, you may end up granting free passage to malware.

Cybercrime and How to Prevent It

For cracking down on viruses there are many good anti virus applications, including NOD 32, AVG, and Norton Antivirus. Although they tend to take a toll on the processing speed, they are necessary. Firewalls are also used to further enhance the security of the computers, by posing as a security "check gate" for your computer. Every year, there is an increased number of reports of cyber crime related cases. From a small credit fraud, to a major bank heist, it's all been done. Let's just hope it doesn't go any further.

Cybercrime and How to Prevent It
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Famous Killers - Prominent Murderers of the 1800s

Throughout history, murderers have always seemed to rivet the attention of the public. Hapless victims, their calculated killers, and all the gruesome details of the crime seem to fascinate most people, and the trials are oftentimes sensational events that attract the masses. Killers committing their heinous crimes during the 19th century were no different than the ones of today, but a few of these criminals stand out in history.

Champ Ferguson - The story of Champ Ferguson is set in the mountains of Tennessee during the height of the American Civil War. For reasons not completely clear, Ferguson became a staunch supporter of the Rebel cause; some say Union soldiers raped his wife and daughter, while others say that the Confederacy promised him clemency on an existing murder charge if he promised his support. Whatever his reasons were, Ferguson became one of the most notorious and feared guerrillas in Tennessee, and also one of the most prolific killers of Union soldiers and supporters in the area. Noted for his sadistic tendencies when he found a new victim, Ferguson is estimated to have killed over 100 people, though he was only tried for the murders of 53. Ferguson was arrested and tried for murder in May of 1865, creating something of a spectacle for a public eager to see him sentenced to death. Though Ferguson freely admitted to committing the many murders, he maintained that his acts were part of military activities and he only killed those who would have killed him. Ferguson was convicted of war crimes and sentenced to hang on October 20, 1865. His death closed the chapter of one of the South's most notorious guerrilla fighters, feared by some and revered by others.

H. H. Holmes - Known by many as America's first documented serial killer, H. H. Holmes is responsible for the deaths of as many as 100 people, though he confessed to only 27 of those murders. Born in New Hampshire in 1860 under the name Herman Webster Mudgett, Holmes is best known for the time he spent in Chicago during the World's Fair in 1893. After graduating from medical school in Michigan, Holmes moved to Chicago to practice pharmacy. Dispensing medicine, however, was not high on his priority list, and instead he became involved in a number of shady business deals swindling people out of their money. In 1893, construction began on The Castle, which would serve as his home/office, a hotel for visitors to the fair, and ultimately, his killing grounds. The building was three stories high, covered an entire city block, and had a floorplan that would confound even the most experienced architect. The third floor was a sort of labyrinth, with windowless rooms, doors opening to nowhere, stairs leading to nowhere, and many more oddities. This was where Holmes committed his murders, torturing his victims and sending their bodies down secret passageways to the basement where they were either burned or dissected and sold to medical schools. When the World's Fair concluded, Holmes left Chicago looking for more opportunities to increase his wealth and his victim count. When he was caught in an insurance fraud scheme with his associate Benjamin Pitezel, who he had killed along with three of Pitezel's children, Holmes was tracked and finally arrested in Boston. After his arrest, The Castle was searched and authorities began uncovering evidence of some of the most gruesome crimes ever committed. After a trial lasting only five days, Holmes was convicted of murder and sentenced to the gallows on May 7, 1896. The story of H. H. Holmes is perhaps one of the most disturbing, yet fascinating, ventures into the mind of a killer.

Famous Killers - Prominent Murderers of the 1800s

Octavius Barron - While Octavius Barron didn't earn quite as much notoriety as the two killers above, he is notable because at the young age of 18, he was responsible for the first murder in the city of Rochester, New York. William Lyman was a respected man in the city, with a successful job and growing family. On the night of October 20, 1837, he left his office to return home to his wife and four children. He never made it. As Lyman walked toward his house, he was shot in the back of the head at point blank range, robbed of several hundred dollars, and left dead in an alley. Hearing the shot, a young boy living in a house nearby alerted his father, who then called police. While authorities were busy collecting evidence at the crime scene, Barron was at the local tavern waving Lyman's money around and boasting of the murder to his friends. It didn't take long for this cavalier attitude to come to an end, however, as Barron was arrested just hours after pulling the trigger. The case against him was strong, and as he was already known around town as being a habitual gambler and drinker, the young man was easily convicted of the murder. Octavius Barron hung for his crime on June 7, 1838, and with his death justice was served. But the tale doesn't stop here; though William Lyman's life had ended, his story continued.

You can learn more about Octavius Barron, William Lyman, and the surprising details of these men's fates in the documentary "Visions: True Stories of the Supernatural" by Ad-Hoc Productions. Go to http://www.ad-hoc-productions.com/trailers.html for more information.

Famous Killers - Prominent Murderers of the 1800s
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Michael Keene is the award-winning producer of several independent historical films including Visions: True Stories of the Supernatural.

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Crime Scene Forensics - Death by Hanging

Whenever a crime such as a hanging occurs, crime scene investigators (CSI's) are called to the scene to collect any evidence related to the homicide.

How does hanging cause death in an individual? What does the forensic medical examiner (ME) look for in the event of such a crime to determine if the hanging was a suicide or a murder?

In this article, I will attempt to explain how death results from a hanging and what forensic investigators look for to determine whether or not the hanging is a suicide or a homicide.

Crime Scene Forensics - Death by Hanging

In a hanging, a ligature such as a rope or noose pulled tight by the body's weight causes compression of the airways and the carotid arteries. The narrowing of the passageways prevents the cells from getting their required oxygen to sustain cellular function. Asphyxia is the result when the body's cells can not get oxygen. The victim must be under complete or partial suspension for asphyxia to occur. Many times, hangings are suicidal. Most accidental hangings occur in children. There was a case in December, 2006 in Houston, Texas when a child, imitating Saddam Hussein's death on television, put a rope, tied to his bunk bed, around his own neck and jumped off the bed resulting in his own death. The child eventually got tangled in the rope when relatives discovered his lifeless body partially hanging at the bottom of the bed.

Even though hanging blocks the airways and compromises breathing, the actual cause of death in many hangings is compression of the carotid arteries, which normally carry oxygenated blood to the brain. Fractures of the bones of the neck (called cervical vertebra) are a rare occurrence in hanging deaths because these fractures require that the body drop a particular distance in order to cause the bones to break. In Saddam Hussein's execution, for instance, he was taken to the second floor balcony where the trap door was released allowing his own body to fall close to the first floor. At the time of his death, he was in complete suspension (meaning his body was freely hanging with support provided by nothing more than the rope around his neck) with accompanying fractures of the neck due to the distance his body dropped between the two floors.

In cases of death by hanging, the ME looks for the following as evidence:

Neck markings: The markings on the victim's neck after a hanging are due to the kind of noose used to carry out the hanging. Soft nooses made from bed sheets may leave minimal markings. A hard noose such as a rope, on the other hand, may leave behind a very deep, distinct groove in the victim's neck. The longer the body is suspended, the deeper the groove. Groove pattern: In hanging deaths, the groove reveals an inverted V pattern. The groove most likely runs diagonally across the neck with its superior end at the knot. Facial color changes: If the victim is found several hours following a hanging, his face may be pale, his tongue may be dark purple and protract from the mouth. On the autopsy table, a forensic medical examiner will not usually find petechial hemorrhaging, or bleeding under the surface of the skin due to the explosion of capillary blood vessels, that normally show up in manual and ligature strangulations. Toxicological study: The ME should perform a toxicological study on all hanging victims because the offender may have used drugs or alcohol to subdue the victim prior to the hanging. In the event of a suicidal hanging, the victim may have willfully ingested drugs or alcohol to develop the courage to go through with the hanging. In this case, the ME may be able to determine if the level of drugs or alcohol found in the toxicological study were enough to render the victim unconscious or just enough to compromise his judgment. In many cases, making either of these choices is not easy.

The next time you watch your favorite CSI or Forensic Files TV show, you will have a better understanding of how a homicide such as hanging is investigated by the crime scene investigators.

Crime Scene Forensics - Death by Hanging
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White Collar Crime and Punishment

What is White Collar Crime?

The first definition of white collar crime is attributed to the noted criminologist Edwin Sutherland. Sutherland is well known for the theory of "differential association". This theory states that criminal behavior is learned in association with others rather than an inherent personality trait. Sutherland's definition of white collar crime is: "a crime committed by a person of respectability and high social status in the course of his occupation" (1939).

White collar crimes are in many cases also referred to as corporate crimes. These can consist of forgery, embezzlement, extortion, identity theft, securities fraud, conspiracy and computer crime among others.

White Collar Crime and Punishment

The Federal Bureau of Investigation has their own definition that is more narrowly defined as: "those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence" (1989)

What are the penalties for White Collar Crime Convictions?

White collar crimes can be prosecuted on either the state or federal level, depending on what kind of law was broken. Penalties for these types of crimes vary. Sentencing is dependent on the amount of money involved in the fraudulent activity and there are no firm rules in determining this amount. Convictions usually result in jail time, large fines and restitution to the victims of the crime. In state jurisdictions sentences are usually lighter than the maximum sentences allowed for the crime. The mean sentence for fraud is 12 months; embezzlement, 9.9 months; bribery, 16.2 months; tax offenses, 16.6 months; antitrust fraud, 12.7 months; and money laundering, 46.3 months

If the crime is considered a federal offense mandatory federal sentencing guidelines come into play. Federal sentencing guidelines which give judges very limited discretion have been around since 1987. Largely in response to the high profile corporate fraud cases of Enron, World Com and the like, sentencing was stiffened in 2002. The maximum punishment for wire and mail fraud, the most common white-collar infractions, was increased from 5 to 20 years. Sentencing Commission statistics show that the rates of incarceration for certain white collar crimes are greater than those for criminals who possess drugs or firearms. In comparison the maximum federal punishment for voluntary manslaughter is ten years.

Controversial Sentencing for White collar Crime

There has been a large amount of controversy concerning the severity of federal mandatory sentencing guidelines. Congress passed the Sarbanes- Oxley Act in 2002. This legislation set new or enhanced standards for all U.S. public company boards, management and public accounting firms, and also set sentencing standards for convictions. Since it was passed Congress and the Supreme Court has faced the issue on numerous occasions trying to further define the laws and determine whether to strengthen or weaken the penalties for a conviction. It does not look as if the controversy will lessen in the near future.

White Collar Crime and Punishment
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White Collar crimes are some of the most difficult cases to defend. Choosing a criminal Attorney familiar with the state and federal statues for white collar crime can be instrumental in determining the outcome of a case. Contact The Dick Law Firm for board certified criminal attorneys. http://www.thedicklawfirm.com

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Christa Pike's Story - What Does the Case of Christa Gail Pike Say About the State of Society?

When Christa Gail Pike was twenty years old, she was convicted and sentenced to death for a crime she committed when she was eighteen. That is Christa Pike's story. It sounds horrible, doesn't it? A girl so young, her life already over - as, even if she was not put to death, she would surely live out the rest of her life behind bars - at such a young, tender age.

However, there is more to Christa Pike's story than meets the eye.

First of all, the crime she committed was incredibly heinous, and for the pettiest of reasons. She was convinced that the victim, Colleen Slemmer, was trying to steal her boyfriend. But rather than make snide comments about her behind her back as most girls her age would do in that situation, Pike tortured and killed her. She kept a piece of her skull as a trophy and showed it off around her school. That was the level of depravity and indifference to human life that she exibited.

Christa Pike's Story - What Does the Case of Christa Gail Pike Say About the State of Society?

When she was convicted and sentenced to death, many were outraged and heartbroken. Was it because of her gender? If a boy had done such a similarly heinous thing, wouldn't the public be glad to know that he was safely locked away? It seems society has a soft spot for women.

But, in this case, that soft spot was misplaced. Far from being rehabilitated by prison, Pike attempted to murder a fellow prisoner by strangulation only five years after her incarceration.

Why is it so unthinkable to society that we should punish a woman's bad acts as severely as a man's? If you do the crime, you should do the time. Your gender shouldn't matter.

Christa Pike's Story - What Does the Case of Christa Gail Pike Say About the State of Society?
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Selling Or Providing Cigarettes to Minors is a Crime

Studies show that minors who do not begin smoking before the age of 20 are less likely to pick up a tobacco habit later in life. Minors are impressionable, and many start smoking heavily before the age of 18. To prevent minors from developing harmful habits, the nationwide legal smoking age is 18.

However, despite the laws designed to keep minors from smoking, they still manage to attain cigarettes and other tobacco products from older friends, relatives, or tobacco vendors. It is illegal to buy, sell, or give cigarettes to minors. The federal law states that if anyone is caught selling or otherwise providing cigarettes to minors, the provider can be charged with a misdemeanor, with penalties ranging from a fine to up to three months in jail.

Those who sell tobacco are required to be familiar with the laws regarding selling cigarettes and other tobacco products. In Alabama, Alaska, Utah, and certain counties in New York, a person must be at least 19 years old to purchase cigarettes, even though those over the age of 18 are legally allowed to smoke. These laws are in effect so that high school students are less able to provide tobacco for their younger, underage peers. Any vendor who sells tobacco products is required by law to check the I.D. of anyone who attempts to purchase tobacco who appears to be under the age of 18. The vendor reserves the right to refuse a sale to anyone who cannot provide an acceptable and valid form of identification.

Selling Or Providing Cigarettes to Minors is a Crime

To catch vendors making illegal sales, sometimes police send a minor into the store either without I.D. or with their own I.D. and have them attempt to purchase tobacco. If the vendor does not ask for identification or checks the I.D. and still makes the sale, the vendor can face fines or even jail time. In some cases, the establishment may have his or her vendor's license revoked, especially if the vendor is a repeat offender. This is one common way that police catch violators who provide cigarettes to minors.

However, sometimes a vendor's cigarette license can be revoked under unfair pretenses, or a person can be charged unfairly in selling or providing cigarettes to minors. Perhaps the buyer looked much older than 18, or maybe other circumstances came into play. Regardless, if you have been charged with providing tobacco to a minor and as a result face jail time, excessive fines, or business trouble because of a revoked tobacco license, you may want to seek legal assistance.

Selling Or Providing Cigarettes to Minors is a Crime
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For more information about tobacco laws and other aspects of criminal law, visit the website of Appleton criminal defense lawyers of Kohler, Hart & Priebe.

Joseph Devine

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