Tuesday, January 29, 2013

The Scarlet Letter and Symbolism

The Scarlet Letter is a novel with much symbolism. Throughout the novel several characters represent other ideas. One of the most complex and misunderstood characters in the novel is Pearl, the daughter of Hester Prynne. Pearl, throughout the story, develops into a dynamic symbol - one that is always changing. Although Pearl changes, she always symbolizes evil. Pearl symbolizes evil in the story by representing God's punishment of Hester's sin, symbolizing the guilt and the scarlet letter that controls her behavior, and defying Puritan laws by being cheerful and associating with nature. Pearl represents God's punishment by her mocking and nagging of Hester. Throughout the novel she sometimes seemed to her mother as almost a witch baby (Matthiessen 104). She is a baffling mixture of strong emotions with a fierce temper and a capacity for evil. With Pearl, Hester's life became one of constant nagging, and no joy. The child could not be made amenable to rules. Hester even remarks to herself, "Oh Father in heaven - if thou art still my father - what is this being which I have brought into the world" (Hawthorne 89)? Pearl would harass her mother Piyasena/Pine 2 over the scarlet "A" she wore. In time, Hester was subjected to so much ridicule from Pearl and others that she was forced into seclusion. Pearl represents the sins of both Hester and Dimmesdale. Pearl is said to be the direct consequence of sin (Martin 108). Their sins include lying to the people about the affair that led to Pearl. Hester realizes what Pearl represents when she does not hold Pearl up in front of the "A." She carries the child around because it is a direct reflection of her sin. Hester is, "wisely judging that one token of her shame would but poorly serve to hide another" (Hawthorne 48).

Dimmesdale's sin is not adultery but not having the courage to admit that he had adulterated. Therefore his is a "concealed sin." The scarlet letter amuses Pearl, and also controls her behavior. It is noted that, Pearl has been described in terms almost exclusively of uncontrolled, chaotic passion (MacLean 54). Throughout the novel Pearl is attracted to the "A." Even when she is just a baby, "her infant's eyes had been caught by the glimmering of the gold embroidery about the letter" (Hawthorne 90). When Pearl is older and Hester throws the letter on the ground, Pearl yells at her mother until she places the "A" back on her bosom. Hawthorne says that Pearl is, "the scarlet letter in another form; the scarlet letter endowed with life," (95) which proves the she is truly the scarlet letter. Throughout the book the "A" is the sign by which the colonial authority seek to fix the crime and the criminal (Ragussis 97), although the cloth shows the sin so does Pearl. She is a far stronger device for punishing Hester than Piyasena/Pine 3 the piece of cloth on Hester's chest. Due to her influence, Pearl becomes the chief agent to her mother's salvation. Hester and Dimmesdale share much guilt because of Pearl. Dimmesdale's guilt is filled with mental anguish, and serves as a constant reminder of his sin. Dimmesdale is a minister [who] commits adultery and is driven to public confession by remorse (Martin 108). He remains silent so that he can continue to do God's work as a minister. It is said that he was a guilty character [who] finds empathy in connection with others (Peckham 92). Pearl brings him guilt when he would not stand with them on the scaffold; "Thou was not bold! - thou wast not true! ... Thou wouldst not promise to take my hand, and my mother's hand, tomorrow noontide" (Hawthorne 150)! Hester's guilt, however, is derived from both Chillingsworth and Dimmesdale. Chillingsworth married a woman who did not love him, which is one of the causes of Hester's guilt. Dimmesdale causes her guilt when he sees her suffering alone for the sin that they both committed. Though they both committed the same sin, only Hester's shines through. Pearl was cheerful due to the scarlet letter her mother possessed. When the breastplate at Governor Bellingham's Mansion distorts the scarlet "A" into something overpowering and horrible, it is Pearl who points at it, "smiling at her mother with the elfish intelligence that was so familiar an expression on her small physiognomy" (Hawthorne 99). Even as a child, Pearl is affixed to the letter "and, putting up her little hand, she grasped it, [the letter] smiling, not doubtfully, but Piyasena/Pine 4 with a decided gleam" (Hawthorne 90).

Pearl's tendency to focus on the scarlet letter is fully developed when she mimics her mother by placing a seaweed "A" on her own chest. Much of Pearl's strangeness comes from her exceptional quickness of mind and the abnormal environment in which she is reared with only her mother as a companion. As Pearl develops a personality, she becomes symbolic of the kind of passion that accompanied Hester's sin. Hester tolerated Pearl's pretentious behavior but could not find it in her heart to condemn the child. As Pearl thus becomes so closely associated with the letter "A" on Hester's breast she becomes the embodiment not only of Hester's sin but also of her conscience. Nature is an amusing hobby for Pearl; therefore one of her favorite activities is playing with flowers and trees. She fits in with natural things, "and she was gentler here [the forest] then in the grassy margined streets of the settlement, or in her mother's cottage" as Hawthorne notes in the novel (202). She is so closely affiliated to nature that the creatures of the forest approach her instead of disperse. "The mother-forest, and these wild things which it nourished, all recognized a kindred wildness in the human child" Hawthorne notes as Pearl is on a walk with her mother (202).

The Scarlet Letter and Symbolism

However, the Puritans believed that anything affiliated with the forest was evil; therefore, Pearl defies their laws by being effervescent and joyful in the woods. Some of the Puritans even believe her to be a demon offspring. So unusual is her behavior that she is often referred to in such terms as "elf child," Piyasena/Pine 5 "imp," and "airy sprite." Pearl is a virtual shouting match between the Puritanical views and the Romantic ways. Pearl is a source of many kinds of symbolism. She is both a rose and indeed the scarlet letter. If she had not been born, Hester would not have had to wear the letter. Pearl is a burden to Hester; yet Hester loves her. She is also her mother's only treasure and her only source of survival. Without Pearl, Hester would have lived a different life, one without the scarlet letter, one without sin, and one without her treasure.

The Scarlet Letter and Symbolism
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Doctor Mike Cooper has been a college level instructor since 1986. He has a Ph.D. in Computer Information Systems and a Master's Degree in Data Communications. He is a retired Army Officer and a veteran of 33 months service in Vietnam. Dr. Cooper has lived in Thailand, Belgium, Germany and still travels extensively.Dr. Cooper has been doing ebusiness since 1996 and is considered by many as an expert in this field. He also offers free term papers and tem paper assistance at http://www.TermPaperAdvisor.com and http://www.TermPapersMadeEasy.com

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Friday, January 25, 2013

The DUI Court Process

Successfully navigating your way through a criminal prosecution for Driving Under the Influence in Washington State requires a clear understanding of the DUI court process. In other words, knowing what is coming your way will greatly reduce the amount of stress you feel when fighting a DUI charge.

Although each Court System in Washington varies a little on how they handle the initial stages of a criminal prosecution, the basic outline below will help you understand the Court process as a whole:

When you get arrested for a crime, you will have several court dates to go through. Your first time in Court is called an Arraignment. Your next court date is called a Pre-Trial or Status Conference. You may also have court dates for Motions or Trial.

The DUI Court Process

Arraignment

This is your first time in Court and it's where you are formally told about the charges against you. In the case of DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI.

Depending on Jurisdiction, you will either be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. If you're not sure about the date or the time, call the Court Clerk's Office (numbers are available via internet). The Court you are in is listed at the top of the citation, e.g. a citation marked "District Court" and the offense happened in Snohomish County , you would do an internet search for "Snohomish County District Court."

Arrive a few minutes early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That's where you need to go. If you get confused or can't find your courtroom, ask at the Court Clerk's office - they are generally very helpful.

Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it's a paper, they will want you to sign your name - saying that you understand your rights.

Eventually, you will be called up in front of the Judge. Don't Panic. This is not your time to explain what happened - there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge(s) against you and whether you want to plead Guilty or Not Guilty. That's it.

Common sense would tell you that if you did something wrong, you should take it easy on the Court System by pleading guilty and the Court System will take it easy on you by not sentencing you as hard as if you fought the charges. Unfortunately, the Court System is not always based on common sense. In fact, you will most likely be punished worse if you plead guilty at arraignment rather than fighting the charge(s). In other words, DO NOT PLEAD GUILTY!

Once you have pled Not Guilty, the Court will ask you about whether you want a lawyer. The old cliché about "The man that represents himself has a fool for a client" is very true. If you don't understand the rules of court and the law regarding DUI (or any other crime) you don't stand a chance against a well trained prosecutor.

Lawyers come in two flavors: Private and Public Defenders. You do not need to have a lawyer with you at arraignment. If you are planning on hiring a private attorney, you need only tell the Judge that and he or she will be satisfied - but will warn you not to wait too long to hire them. If you can't afford a lawyer of your own choosing then you may qualify for a Public Defender. The Court will have a series of questions for you in order to determine whether or not you qualify based on your income, dependants, etc. The downside with a Public Defender is that you have no control over who is appointed to your case. Even if you qualify and have a Public Defender represent you, you can always have a private attorney take over at any time. It's very common for people with a Public Defender to hire a private attorney - so don't worry, your Public Defender will not be upset if you replace them with a private attorney - they may even be relieved since it means one less case to handle.

After the Judge addresses the issue of your Lawyer, the Court will then address your release status. If you have a clean record, you will probably be released on your promise to come back. If you have a criminal record, the Judge may impose a bail or bond amount to ensure you will come back.

The Court will assign a date when you will need to come back for your Pre-Trial hearing. If you can't make it on that date, make sure to tell the Judge about your conflict so another date can be picked. If a conflict comes up later, contact your lawyer immediately so he or she can file a motion for continuance of the court date.

You will leave with Court with a piece of paper telling you the date and time of your next court date. Don't be surprised if this is two to three months from your arraignment date. This may seem like a long time but don't wait - if you need to find an attorney start immediately as it may take a long time to find the one you want and to get the money together to hire them.

Once you've hired your attorney, that person will need to send in a Notice of Appearance, telling the Court and Prosecution that they represent you. They will also need time to get all of the Police Reports and other documents the Prosecution intends on using against you (collectively referred to as Discovery). After your attorney has all of the Discovery, they will need to sit down with you face to face and discuss your case. One of the bizarre rules in Washington State is CrRLJ 4.7, the rule that allows your lawyer to get the discovery in your case. The same rule actually prevents them from giving you a copy of the discovery - even though it's your case! This rule is even more bizarre considering the fact that if you were to fire your lawyer and represent yourself, the State would be REQUIRED to give you a copy of the Discovery. None the less, nothing prevents your lawyer from giving you access to the Discovery whenever you want - as often as you want; they just can't send you home with a copy.

Pre-Trial Hearings

These hearings take place at Court and in front of a Judge. Their purpose is to make sure that no case "slips through the cracks" by making sure that the case is reviewed in a systematic way. During a pretrial, the Judge wants to know what the status of the case is: Do the parties (Prosecutor or Defense) want to enter a Guilty Plea to something, do they want to set a time for a Motion Hearing, do they want to have a Trial, or do they not know what they want and are simply asking for more time?

These hearings are administrative in nature. That means that they are relatively low stress because nothing will happen at a pretrial unless the Defendant makes it happen. In most cases, the Defendant does not need to say anything other than answering the Judge when the Judge asks if the Defendant consents to what is happening, e.g. asking for a continuance or setting a Motion Hearing. You and your attorney will have discussed what is to take place at the pretrial long before you actually get there.

Most criminal cases have several pretrial dates. There are many reasons why you don't want to resolve your case during the first pretrial: You may have legal issues that need to be decided by a Judge (during a Motion Hearing), your attorney may need longer to negotiate with the prosecution, or you may simply not have decided which way you want to go on your case.

If you are asking the Judge to continue your case, the issue of Speedy Trial will come up. If you are out of custody, then your case must be resolved within ninety days (sixty if you are in custody). When a Defendant asks for a continuance, the Judge will either not want that extra time to count against the 90 days or will ask for a fresh 90 days -starting on the date of the continuance request- before granting the request for continuance. Although this Speedy Trial rule is an important right - as a practical matter, it very rarely determines the outcome of a case. In other words, if your lawyer thinks it's a good idea to waive the Speedy Trial rule, by giving the State more time to bring you to trial, then it probably is in your best interest.

Motion Hearings

Motions are written legal arguments on why evidence in your case (sometime the whole case) should be thrown out. There are potentially hundreds of motions that could be filed in a criminal case. Your lawyer will know which ones (if any) apply to your specific facts.

Motions serve two purposes: First, if you can suppress evidence then you may have a better chance of winning if you go to trial. Second, motions are a wonderful way to change the strength of your case thus making it more likely that the prosecution will want to make an offer of settlement that you make actually want to accept.

A motion hearing looks like a bench trial: They take place in Court and in front of a Judge, There may be witnesses, Both Defense and Prosecution will make arguments to the Judge and finally, the Judge will make a legal ruling on the issue. This is where the similarity to a trial ends. The burden of proof at a motion hearing is substantially less that at a trial and the Judge is required to view the evidence in a motion hearing "in the light most favorable to the State." These two elements combine to make a motion hearing easier for the State to win than the Defense. The reason behind this unfair advantage is actually a good one: The heart of our legal system is the Jury Trial. If you win at a Motion Hearing, then you may bypass the Jury Trial entirely.

Trials

Trials come in two flavors: Bench and Jury. A bench trial is one where the Judge decides everything. A Jury trial is one where six people (twelve in the case of a Felony) decide what the facts are and the Judge decides what the law is.

You can waive (give up) your right to a Jury Trial at any time but if you do so then you generally cannot get it back. If you are ever asked to decide if you want a Bench or Jury trial, you always pick Jury (since you can always change your mind) because if you pick Bench Trial - that's what you're stuck with.

At trial, the prosecution is required to prove each of the elements of the crime beyond a reasonable doubt. Your lawyer will discuss with you the elements (what the state has to prove in your case). Your job as a Defendant is to decide whether or not the State can prove each of those elements. Can any of the elements become unprovable if you win at a Motion Hearing?

The outcome of a trial is easy: you either win or you loose. If you win, go home - you're done. If you loose, then you will typically (though not always) end up with a little more jail time and a little more fines than if you had pled guilty. Is it worth the risk? That's something for you and your lawyer to decide.

Conclusion

Being able to mentally prepare for the types of court dates you will encounter while fighting a DUI charge may not eliminate the stress you feel, but it will knock it down to a manageable level.

Copyright (c) 2007 The Cahoon Law Office - All rights reserved.

The DUI Court Process
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To ask the author additional questions about the DUI Court Process or questions specific to your case, you can reach Attorney Craig Cahoon at 866-529-5383 or email him at cahoonlaw@comcast.net. There is additional information regarding Driving Under the Influence charges and defense strategies at The Cahoon Law Office

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Tuesday, January 22, 2013

Short and Long Term Effects of Bullying - The Victim & the Bully

Bullying is a serious problem faced by our youth today. It does not matter if the bullying takes place in the school, neighborhood or on the internet. It can lead to serious problems for both the victim and the perpetrator.

There are short and long term effects of bullying that should be noted for both the victim and the bully.

It is important to realize that once it is determined a bullying situation exists, immediate help needs to be given both the victim and the bully.

Short and Long Term Effects of Bullying - The Victim & the Bully

Short Term Effects for the Victim:

*Extreme depression - always seems sad and withdrawn
*Loss of self-esteem or self-worth may occur
*Trouble sleeping - bad dreams - nightmares
*Bed wetting might occur, especially in younger victims
*Physical Symptoms (upset stomach, headache, etc...)
*Anxiety about going to school or riding the bus
*Truancy could result as a result of being bullied
*Anxiety about attending social events with peers
*Drop in grade average

Short Term Effects for the Bully:

*Difficulty in maintaining friendships with others
*Generally does not do well in school
*Tends to be truant and often drops out of school
*Higher risk for alcohol or substance abuse

Long Term Effects for the Victim:

*If given immediate help the victim should have limited long term effects. This is especially true if the victim is given assistance by a child mental health care professional to resolve the issues of being victimized.

*If the bullying continues for any length of time:

**Chronic depression leading to suicidal tendencies
**Long term psychological post-trauma disorders
**Self-destructive behavior
**Alcohol or substance abuse may result

Long Term Effects for the Bully:

*Increased percentage are convicted of a crime by age 24
*Increased dependency on alcohol and illegal drugs
*Increased chance of spousal or child abuse as an adult
*Continued difficulty in maintaining long term relationships

It is also shown through surveys that boys and girls, victims and bullies, all have a much higher occurrence of carrying concealed weapons to school.

Our children have a tendency to keep the acts of bullying to themselves. Less than half who are involved report the instances to an adult or parent.

This, combined with the statistics that show over half of our children are either a victim of bullying or a bully, makes this a major issue when trying to secure the safety of our children.

There are many websites available for adults who are concerned about the issues of bullying. I urge any parent, adult and child care professional to visit one of these resources to learn more about what can be done to address this serious issue.

The short and long term effects of bullying and cyber bullying are too great to ignore. Immediate action needs to be taken.

Short and Long Term Effects of Bullying - The Victim & the Bully
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I have written a detailed report on the subject of Cyber Bullycide Victims

Please protect your children from Cyber-Bullying! Read this report before it is too late!

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Sunday, January 20, 2013

Crime Control Strategies - Myth, Magic and Metaphor

The latest fad, gadget or gizmo is not the basis for controlling crime. Or, the coolest technique used in some gee-whiz crime drama. Policing communities cannot be driven by polls, ratings or media sensationalism. We cannot address neighborhood crime problems by believing in myth, magic or metaphor. And, techno wizardry is only a small portion of the crime fighting picture. There is no doubt that gadgets and gizmos are important. But, techno-savvy policing, in the real world, is only as good as the cops that have the know how. Crime control strategies boil down to effective and efficient police work. This means the cop on the street or in the jail facility. The man or woman on the front lines, he or she are the people who really count. Effective police work requires competent police officers. To get them, you need high standards, effective recruitment and exemplary training. Once on the job, they need sufficient funding, resources and leadership. After that, the criminal justice continuum relies on inter-agency cooperation and coordination. Within that framework, cops hope there is a huge amount of competence and aggressive dedication on the part of prosecutors and judges. For some officers, that is a lot of wishful thinking. But, aside from politics, fighting crime means responding to the crime with an array of tactical and technical weaponry. Once into the process, identifying the criminal transforms the mission. Ultimately, putting a stop to his or her behavior, by sure and swift means, becomes the goal. Unfortunately, the goal is tainted by misguided perceptions.

Sad but true, we are deceived by our own fantasies. In the process of crime fighting, the entertainment media pursues a relentless quest of myth and magic. Supported by career minded politicians, metaphor becomes the expression of making the myth and magic appear real. Reality is blurred and merged with symbolism over substance. Misleading the public has potentially adverse consequences as it applies to the law enforcement function. People come to believe that policing is magic. And, psychics, profilers and crime solving gurus leap into action to protect us from the forces of evil. By the legerdemain of such antics, all our criminal behavior problems are solved. Sleight of hand skill has become more effective in the modern information age. The American public relies heavily on the airways for all sorts of information. Many people shape their beliefs by what they see and hear from the various media services. From movies to news reporting, the public often assumes the information they receive is based on fact not fiction. We are inundated every day by all sorts of tactics and techniques. Yet, information is transmitted for entertainment purposes, not for educational enlightenment. Lies, myths, and misconceptions become part of a process of changing our reality into sound bites, or staged story scenes. The dividing line between entertainment and news merges with mass marketing and salesmanship. Using those outlets for mass dissemination, politicians, activists and retailers perform clever tricks of the trade to misinform and manipulate. Entertainment comes across as a disguise for sensationalism. Ratings and polls become the barometric pressure of success or failure in an arena of mass media competition.

Law enforcement does not escape the bombardment of media and politics. Often it seems we are deceived by good intentions masquerading as myth, magic and metaphor. Again, looking good, for bureaucrats, the media and politicians, is better than actually being good. Subsequently, our systems of justice falter. Sure and swift prosecution, conviction and punitive retribution fail to reinforce the hard work done by the police work. So, if we are going to have an effective and efficient approach to crime control, then we are going to have to face reality. First, we have to find it. Second, we have to read between the lines by separating the pages where myth and reality merge. Third, we have to be on guard against an over-zealous media, sensational movie productions and career minded politicians. We also have to focus on recruiting, training and educating the best and the brightest law enforcement officers possible. Once on the job, then we have to give them every possible resource available. In the meantime, we try to find exceptional leaders to lead them. In addition, controlling criminal behavior requires that we look at ourselves. From politics to the corporate boardroom, criminal behavior permeates every level of society. Criminals are no different from the rest of us. In fact, they are us.

Crime Control Strategies - Myth, Magic and Metaphor

At the local level, the need for exceptional training for law enforcement personnel is essential. Officers must be highly skilled, educated and well-trained to deal with deviant anti-social behaviors. Crime, and the deviant behavior that goes with it, is typically a local government problem. As a local community issue, the police have to rely on the competence of local politicians. No doubt, a scary thought. Elected officials on city councils, county commissions on so on, decide the budgetary processes. In many cases, local law enforcement relies on low pay and benefits, limited material resources and ongoing shortages of qualified personnel. Such limitations strain police services. Many of the problems concern growth management issues. Growth management problems stem from political decisions. Criminals can easily figure out how this works. The more you grow the more material gain there is. And, if, while growing, you fail to plan for the public service infrastructure, the more there is to steal. In simple terms, budget constraints equal fewer cops and equipment, because that means more taxes to meet growth demands. Fewer cops and equipment mean fewer personnel for street or jail duty. For the criminal, mismanaged community growth and fewer cops mean more opportunities to find vulnerable targets to express criminal behavior. Urbanization of the community, with sprawling shopping centers, miles of highways and endless housing developments invite criminogenic problems. That is because more property and more people provide more targets of opportunity.

As communities get larger, with strained public service resources, the local criminal justice system bogs down. Crime control strategies become a matter of survival. In the confusion, we forget the basic reason people commit crimes. People commit crimes because they want to and what they want someone else has. There is no complicated formula, fad or fashion statement to be made about this. Criminals believe in only what they need or desire from others. Their relationships are based on what they can get. People who deviate from accepted forms know the “system” will not move fast enough to interdict. They can rely on politicians to provide “equal opportunity” environments for them.

Police services must be fully staffed and supported with professionals who expertly execute the mission of police work. In this regard, high standards and exception pay and benefits must be in place. In addition, every scientific and technological method must be provided to local law enforcement. High quality personnel and equipment must be deployed in the local community. When a major incident occurs, usually the “first responders” are the local police officers. They are the ones who bear the primary responsibility of dealing with crimes, criminals and crime scenes. Cops need to have all the necessary resources available to them all the time. The police mission includes the necessity of control of crime. Law enforcement operations are directed toward tactical and strategic considerations. To enhance the safety and security of the community, aggressive patrol operations are necessary. The police mission comes to bear on hardening the targets of potential criminality by early interdiction. Quick decisive patrol actions provide a degree of deterrence with respect to criminal activity. The “crime fighting model” of law enforcement, or sometimes called the “crime control model”, gives emphasis to efficiency, effectiveness, detection and prevention of criminal behavior. Within this rubric there is no room for myth, magic and metaphor.

Crime control is not the total responsibility of the police. The police are paid “professionals” who assume a certain level of accountability for dealing with criminal activity. It is primarily the responsibility of each citizen to be knowledgeable and involved the crime solution and prevention process. Citizens need to support their police in every way possible, from funding to recruitment. Adequate staffing is one way to ensure community efforts are directed toward the safety and security of the community. The prevention of crime, detection of criminal activity, and control of deviant behavior become successful through cooperative efforts. The patrol force is the key mechanism by which the community deals with crime control efforts. No other aspect of law enforcement is more important or more critical than patrol operations. Patrol is the “striking force” that is designed deal with criminal behavior. In every sense of the word, patrol is the “backbone” of law enforcement. Aggressive patrol operations are essential to community safety, security and welfare. With this endeavor, crime control strategies require education, training, skill, practical knowledge and experience among the practitioners.

To control crime, a complete overhaul in thinking is required. We have to stop blurring the reality between the real and the reel. Criminals are just like us. They commit crimes because that is what they want to do. Controlling crime, means controlling ourselves. Designing communities with that in mind directs us toward removing opportunities for crimes to occur. To ensure the inclusion of proper safeguards and preventive measures, adequate numbers of well-trained officers must be available. In addition, enforcement cannot be stifled by political influence. Everyone must be treated with equal standing regardless of who they are, or who they know. Myth should be left to the realm of philosophy. Magic should stay in the circus. And, metaphor should remain within the bounds of great literature. So, as a community let’s stop the sensationalism and start the seriousness. Crime can be controlled.

References

http://www.radfordreviews.com/cgi-bin/about.cgi from the book by Benjamin Radford, Media Myth Makers, Prometheus Books, 2003;

[http://www.rppi.org/newurbancrime.shtml]

http://members.cox.net/samenow/conceptapril_06.html

Jeffery, C. R. Crime Prevention Through Environmental Design, (Beverly Hills, CA: Sage Publications, 1971), page 54;

Crime Control Strategies - Myth, Magic and Metaphor
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Biographical Sketch of Randy Gonzalez

P.O. Box 19162

Sarasota, Florida 34276

941-915-8998

http://www.drgonzo.org

http://www.myspace.com/cryptocriminology

Randy Gonzalez has been an active member in the criminal justice field for the past 32 years. As a police officer, deputy sheriff and police instructor, he's taught and written on various criminal justice issues. Dr. Gonzalez is a former police chief. And, as a police academy director, he was responsible for basic recruit training, as well as career development courses for in-service law enforcement personnel. Dr. Gonzalez also serves as an adjunct professor of criminology on the faculties of a state university, community college, private university and local technical institute. He serves as an educational consultant to schools and colleges on matters of law enforcement education.

Dr. Gonzalez holds B.A. and M.A. degrees in Criminology, an M.P.A. degree in Public Administration, a Ph.D. in Philosophy. As well as law enforcement instructor certificates. He's a member of various professional organizations and writers groups.

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Monday, January 14, 2013

Thinking of Buying a Used Mobile Home? 18 Steps For What to Watch Out For and How to Do it Right

If you are thinking of buying a used mobile home, there are things you need to watch out for. Buying a mobile home is not like buying a regular stick built. You need to know what to watch out for before you buy a used mobile home. Here are 10 things to watch out for when buying a used mobile home. These tips will guide you to make the right decision and/or how to negotiate in your best interest. Better safe than sorry. My seven years of selling used mobile homes has taught me a lot. I am now passing on that information to you so that you can make an educated choice.

1. Age. If your finances are tight, do not buy anything older than 1977. That is the cutout time for good financing and also the year a lender can determine if the used mobile home is a HUD home. 1976 and older were registered with DMV and not built to code. Therefor, lenders requires a 20% down on a 1976 or older. The term will be no longer than 15 years and the rate will be somewhere around 11-12%. That is a lot to pay. 1977 or newer requires only 10% down, you can get 20 years of financing and the rate is 1-2% lower. That is a much better deal. If the home is newer, the rate can be as low as 8%. Preferable, look for a home that is no more than 15 years old.

2. Park. Not all parks are approved by the lenders. Before making an offer to purchase, get yourself loan approved for that particular park. If the space rent is too high or if there are too many foreclosures in the park, lenders might say no to financing.

Thinking of Buying a Used Mobile Home? 18 Steps For What to Watch Out For and How to Do it Right

3. Rent control. Is it or is it not? Most parks are but some are not. If not, make sure yo fully understand what kind of yearly increase the park will impose on you. You might not mind paying that extra increase per year but each time the space rent is raised, the value of your mobile home WILL go down. Its like a car, depreciating. Still, it beats renting an apartment with people above, below, left and right.

4. Crime. Does the park have a security program? Is the park patrolled regularly by a security patrol company? If not, you probably should stay away. Yes, it is true, all residents have to follow the rules and regulations but if there is no security, many things can happen. A security patrol is a deterrent, crime will go elsewhere. Call the park manager and inquire. You can also call the local police office and ask for a crime report. Strongly recommended.

5. Pets. What is the parks policy? Your 80 ldb golden retriever might have a VERY hard time getting approved. Same for your pitt bull or any other so called "vicious breed". Most parks will NOT approve them. There is only one park in the Santa Clarita Valley that will approve a large dog, even two. However, no "vicious breeds". How stupid. Recently, I had a dog trainer with good credit, a large down payment and a German shepherd. That dog was the most well trained German shepherd but no, considered "vicious". So are dobermans, boxers, pinchers, chows and a couple of more. Inquire with the park BEFORE looking at any used (or new) mobile home. Save yourself the time (and your agents) by finding out first.

6. Neighbors. Most people are nice. However, since you are going to be living in tight quarters (most mobile home spaces are small and set very closely together), go and talk to the neighbors. Both the ones next door and some a few doors down. The ones a few doors down are the ones that will tell you what REALLY is going on. Maybe the couple next door do not get along any more. Maybe there is an alcohol problem. Maybe the kids play too loud. You need to know. Drive by in the evening, hang around for a while. Do the same for the weekend. Spend an hour on a Saturday night, driving around the mobile home park, you will then now if this is a place for you.

7. Managers. Do they do a great job? Do they care? Do they make the residents follow the rules and regulations? Do they arrange get togethers every now and then? Any holiday dinners? Do they publish a newsletter to keep you updated? Do you feel welcome in their office? Most managers take great pride in their park and are happy to try to help you. Make sure that is the case.

8. Trash. An old toilet sitting at the end of a car port? Knee-high weeds? A car jacked up and being worked on in a carport? You do not want that. What you should want, is a clean, manicured park community where the residents take pride in their mobile homes and keeps their surroundings clean. A carport is not supposed to be used for storage (or a back yard). A shed is where you keep your excess belongings, period.

9. Mobile home values. Holding steady? Going up? Declining? Have your Realtor find out for you. Buying a used mobile home is very much like buying a used car. A seller can set any price but is it worth it? Please do not over-pay. If you need to finance your used mobile home, you are then in a much safer position. You are then required to pay for an appraisal to find out the REAL value of the mobile home. However, if you are planning to buy your mobile home for cash, watch out. No appraisal is required but I would recommend you pay the 0 to the appraiser. It could save you thousands. The choice is yours.

10. Health and Safety. What condition is the mobile home in? The basics should all be there. If not, it is the sellers responsibility to have it done. That includes;

A. Smoke alarms. Each bedroom needs one, that is the code. And, it needs to be working!

B. Water heater. Needs to be double-strapped and not with those tiny metal bands that has little wholes in them. Is there a pressure release valve? If it where to over-flow, does the pipe go underneath? Should not. It needs to extend out to the side of the skirting. Is the water heater closet dry-walled? Has to be. Any leaks?

C. Steps. Are they solid? No rips in the carpeting (trip hazard)? What about the railing? Is it loose? Can not be. How far apart are the rails? Should not be more than 4" so that a small child can NOT get stuck in between.

D. Cooling system. Does it work? It is not really a health and safety issue but if it were me, I would insist on it or ask for a reduction in price. Who wants to live in a used mobile home, maybe with metal siding as well, and summer comes around and it is 105 degrees outside.

E. The furnace. When was it last serviced and how dirty is the pad? Take a good look and make sure it works. Have someone come and take a look at it.

F. Plumbing. Any leaks? Should not. Run all faucets and look underneath.

G. Electrical. Does all the outlets and the switches work? Make sure they do. GFI's? You do not want the risk of being electrocuted. Both kitchen and bathrooms needs GFI plugs.

H. Roof. Any leaks? Look around carefully to see if there are any water stains in the ceilings or around the upper walls. How old is the roof?

I. Earthquake bracing. Does it have it? Bring a flashlight and open up the access door in the skirting. There should be (on a double wide mobile home), two in the front and two in the back. Compare them to the regular piers and jacks. Are they beefier? Bolted to the I-beam? They should be. Surprisingly enough, there are still some used mobile homes out there who do NOT have them. On top of that, it is not considered a health and safety issue and it is perfectly legal to sell a used mobile home WITHOUT them!

If you do buy a used mobile home without earthquake bracing and later on decides that it was not the smartest idea, a contractor will charge you about 00 to install them. Not cheap. If it does not have it, ask for a price reduction and then order the escrow company to set aside 00 to the contractor. At the close of escrow, your contractor will come out and install them for you. If you can have him install it the day BEFORE close of escrow even better. Because, if you just take a price reduction, you are going to be so busy moving and exited about your purchase of your mobile home. You'll "forget" about the bracing and end up buying new furniture instead!

Ideally, you should hire a health and safety inspector who KNOWS how to inspect a mobile home

8. Once you are park-approved, it is time to schedule your health & safety inspection. You are free to use any licensed health & safety inspector for your inspection or I can recommend several to you. Besides the health & safety inspection , I would strongly recommend you have an electrician look over the home. Sometimes, a regular h&s inspector can not really know what's going on. These inspections are not free and depending on who it is, they all charge slightly different. When we go to see the inspectors at your future home, please bring your check bock. Once the inspection is over, the inspector will go over his findings with you.

9. It is now 24-48 hours after that the health & safety inspection took place and now we are holding the report in our hands, going through it together. It is the sellers responsibility to cover any health & safety issues, such as electrical, plumbing, roof, smoke alarms, double-strapped water heater and so on. Anything cosmetic is just that, cosmetic and the seller does not have to do anything. However, you could always try to negotiate if you strongly feel there is something you want the seller to do and of course, I am there for you, every step of the way.

10. Termites? Pesky little critters and they are usually EVERYWHERE! We would absolutely want to have the home inspected for that too. We will get a written report with a diagram, showing their findings. Anything that they find that is classified as a SECTION I, has to be taken care of and hopefully, the seller is willing to do that. If not, it's on you. I have a very strong opinion in regards to termites. That is, if I were buying a home, why should I have to pay for somebody else termite problem? I never lived there. I did not invite them. So, why pay? On the other hand, if I got the home at a very good deal, I would probably pay for it. It is your decision and hopefully we will not run in to this problem if the seller gladly pays. SECTION 2 are recommendations from the termite inspector of things that will need attention in the future and are not items that has to be taken care of now. Termite inspections are paid through escrow.

11. Time to order your appraisal. An appraisal will be necessary if you are going to finance your purchase, the lender will require it. This is an expense that can not be financed and you will have to pay it upfront either by meeting the appraiser at your future home or by simply writing the check to the appraiser and let me handle it for you.

12. Your loan conditions. When you first got pre-approved, we submitted certain papers to the lender. There might also be additional paperwork they are asking for and whatever that is, now is the time for us to do that.

13. Your home has now been appraised and hopefully, it did appraise. If not, we might need to either re-negotiate with the seller or you might have to come up with a larger down payment, whatever is the case or we might have to look for another home for you.

14. Your loan documents are now ready to be signed and there will also be additional paperwork from escrow to sign, such as hazardous disclosures. We live in earthquake country, there are massive rains sometimes and we get flooded. You might be close to a prison or maybe an airport. These things are hazardous, we all live with them. Escrow wants you to know this,and you already do. When you go to sign all this papers, please bring your cashiers check for the balance of the down payment. Before you do, I will give you an estimated closing statement so that you know how much to bring. There will be an overage, meaning escrow will ask for a little bit more, just in case. We do not want to delay closing escrow because they are a few dollars short (maybe they needed to over-night a package twice).

15. Time for us to do a final inspection of the home. We want to make sure that everything that needed to be taken care of, has been done. We will do a final walk-through together.

16. You are now going to go to your appointment with the park to sign your lease, read and sign the park rules & regulations and pay your space rent and deposit. This takes about 1 ½ hour. If this is in the middle of the month, escrow will pro-rate the space rent. Parks do not take partial payment, only full. The deposit is refundable after paying your space rent on time for 12 consecutive months. You can then, in writing, ask for it back.

17. The loan has now funded, the money has been received by escrow, every single piece of paper has been signed by all parties involved and escrow is now closed. CONGRATULATIONS! YOU ARE NOW A HOME OWNER.

18. I will give you your final closing statement from escrow and possibly a check too, together with the keys to the home, TIME TO START MOVING IN!

Again, congratulations. Let me know when the movers are coming, I want to order you some take-out and something to drink, you are going to be too busy and besides, who has time to cook while moving.

Thinking of Buying a Used Mobile Home? 18 Steps For What to Watch Out For and How to Do it Right
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To find out more about 55+ communities or a family park, please contact [http://www.canyoncountrymanufacturedhomes.com]

Financing available through this office.

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Wednesday, January 2, 2013

What Are the Different Types of Criminal Law Cases?

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

What Are the Different Types of Criminal Law Cases?

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.

What Are the Different Types of Criminal Law Cases?
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If you happen to be in trouble with the law or you need a decent representation to obtain some retribution for a crime done to you or a family member, it is the best move to solicit the help of a reputable Arizona criminal law lawyer. Even if you already feel tired fighting, a good Phoenix criminal law lawyer would always be willing to help you out. These lawyers are always there to stand for the rights of the person who needs them.

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