4 Mystery Writers to Remember – Bland, McBain, MacDonald and Seranella

Eleanor Taylor Bland wrote a police procedural involving an African-American police detective named Marti MacAlister and her small town Polish partner. Her stories take place in Lincoln Prairie, Illinois and are based on the town of Waukegan, a real suburb of Chicago where she lived. She began the series in the early 1990s, while working as an accountant. She died in 2010. I read the first book in the series back in 2003 and made a note to look up the rest of the series. Her books deal with racist and sexist issues. She is still on my list of books to read.

Perhaps the best-known writer of police procedurals was Ed McBain. His legal name was Evan Hunter, which he created from schools he had attended. His real name was Italian and he grew up in New York. One of his first jobs was as a teacher, which was the basis for his first important work, The Blackboard Jungle. It was later made into a movie. McBain/Hunter died of cancer in 2005. His 87th Precinct series was made into an early TV series and influenced many successful television police dramas. I’ve been discouraged from starting the series, because of the lengthy list of titles. I know that I did read several back in my teen years and enjoyed them. He is an important series writer to know, and I hope to tackle his prolific offerings in the future.

John D. MacDonald was just plain fun to read. I’ve read all of his Travis McGee books, some of them twice. McGee lived on a boat in Florida and was a salvage expert. For fifty percent of the take he would salvage or find what you were looking for. He got on his soapbox at times about issues of the day, especially the environment and developers in Florida. There is even a website with his pithy one-liners. His books give you an interesting perspective of the 1960s and 1970s, when MacDonald was in his forties and fifties. MacDonald wrote many non-series books, but you can tell the Travis McGee ones by the color in their titles. He influenced many writers of today, including Stephen King and Dean Koontz. He died in 1986.

Barbara Seranella created a sympathetic character in her Munch Mancini series. Trying to go straight after her addiction to heroin, she gets a job as an auto mechanic. She tries to stay away from the people, who were her friends during her non-sober days, but it isn’t easy. Seranella’s life paralleled her characters in many ways. She died in 2007 of liver disease, but her stories are very much alive and recommended.

False Confessions

A confession is a detailed written or sometimes oral statement in which a person admits to having committed a criminal offense. Confessions are very powerful evidential tools in criminal law when it comes to trials and sure convictions. They are an irrefutable admission of guilt. Police officers see the interrogation process as a means to obtain a confession or further evidence which will prove the person’s guilt (Ainsworth, 2000). Serious factors that elicit false confessions are those that are the consequence of police interrogation methods which are designed to encourage confession by the guilty but may encourage confession by the innocent (Howitt, 2006). Not all false confessions are solicited by police. The consequence of falsely confessing can be as serious as those who give a true confession. They are at a high risk of being convicted even though they might retract their confession later on, which will probably not be accepted. “From a psychological perspective, a false confession is any detailed admission to a criminal act that the confessor did not commit” (Kassin and Gudjosson, 2004).There are various reasons why people might confess to a crime they have never committed.

Kassin (1997) classifies false confessions into three types, voluntary false confession, coerced-compliant false confession and coerced-internalized false confession: Voluntary false confessions are self incriminating statements that are offered without external pressure. There are several reasons why a person might be inclined to do this. One may do it to protect a relative or friend, especially when it has to do with juvenile offenders. Another reason is the pathological need for fame, acceptance, recognition or self punishment an example of this is the kidnapping of the baby of the famous aviator Charles Lindbergh, when more than 200 people confessed to the crime (Kassin, 1997).

In Coerced – Complaint false confessions suspects confess after intense interrogation pressures. This happens when the suspect confesses in order to escape of avoid more interrogation or to gain what the police have offered in return of a confession. The confession in this case is merely an act of compliance and the suspect knows that he/she is innocent but believe that by confessing they will be left alone etc. They are only aware of the short term effects of confessing and never bear in mind that this will lead to persecution and possibly incarceration. They often plead guilty as the police make them believe they will be granted penalty reductions (Kassin, 1997). An example of this is when 5 teenage boys, aged 14 to 17 after intense interrogations that lasted between 14 to 30 hours, confessed to being involved in the violent attack of a 28 year-old woman. The teenagers later said that they had simply told police officers what they wanted to hear, so they would be able to go home (Meissner and Russano, 2003).

One of the most interesting types of false confessions is the Coerced- internalized confessions. An innocent person confesses after being subjected to methods of interrogation that cause major anxiety and confusion. The suspect ends up actually thinking they might have committed the crime. This is very dangerous as a suspect’s memory of his/her actions can be altered and the suspect no longer can identify the truth. This type of confession may happen mostly is the suspect is vulnerable, for example is naïve, young, lacks intelligence coupled with false evidence that makes he/she believe that they have really committed the act (Kassin, 1997). When suspects are confronted with false evidence of their guilt, for example being told that they failed a polygraph exam or that their DNA was found at the scene of the crime, they begin questioning their memory on what really happened and about their involvement in the crime (Meissner and Russano, 2003). The most famous case involving coerced- internalized false confessions is the one involving Paul Ingram, a deputy sheriff accused of the satanic ritual abuse of his daughter (Meissner and Russano, 2003). Ingram initially denied the charges, but after 5 months of repeat interrogation, hypnotism and encouragement to remember the abuse he succumbed and confessed. He was sentenced to 20 years imprisonment, without any physical evidence to support the confession. Ingram’s memory vulnerability came from being repeatedly told by investigators and psychologists “that it would be natural for him to repress memories of his crimes, and that his memory could be recovered by praying to God for answers”. (He was a deeply religious man) (Meissner and Russano, 2003).

In 1974, members of the Irish Republican Army (IRA) planted bombs in two pubs in Guildford, England. Five persons were killed and 57 injured. A month later, a bomb exploded in The King’s Arms in Woolrich, South London, killing 2 and injuring 27. The explosions caused public outrage, and some 150 detectives went to work on the case. Four of the suspects who were rounded up confessed to the crimes. They were convicted and imprisoned. Gudjonnson, joined by others looked into the case and eventually made it clear that the four had confessed to crimes they did not commit. After 15 years in prison they were acquitted and released. The above case serves as excellent examples of investigator bias. The police had to be outraged by these senseless bombings. Their rage may have made them “will to believe” was really guilty or innocent. Gudjonnson pinpointed this cloudy dilemma: “Interrogation bias may result in police officers being particularly vigilant and receptive to information that is consistent with their prior assumptions and beliefs, whilst ignoring, minimizing or distorting information that contradicts their assumptions. Information that does not support the interviewer’s hypotheses may be erroneously interpreted as lies, misunderstanding, evasiveness or defensiveness” According to Gusjonsson, the stronger the interviewer’s prior assumptions and beliefs, the greater the interrogator’s bias.

Police officers who manage to elicit a confession are rewarded with a lot of respect. Their methods of interviewing suspects are seen as a way of showing their ‘professional prowess’ (Ainsworth, 2000). Police officers are highly motivated to solve crimes and sometimes do all they can to get a confession from their suspects. Stress, pressure and threat are applied to the interrogation as they increase fear, anxiety, guilt or anger. This, according to the police will test their ‘guilty knowledge’ (Ainsworth, 2000). Gudjonsoon is critical of police deceitful techniques. He feels that “police trickery and deception deprives suspects of the opportunity of making informed and rational decisions about their right not to incriminate themselves”

Gudjosson and Clark suggested the concept of ‘interrogative suggestibility’ to explain how individuals respond differently to police questioning. ‘Interrogative suggestibility’ according to Gudjosson is how people in a closed social area accept messages during questioning and how their behaviour and response is affected by this (Conti, 1999). Gudjosson described five elements that he saw make part of the ‘interrogative suggestibility’: Closed interaction between the suspect and interrogator, questioning procedure with two or more participants, suggestive stimulus (hints, ideas), acceptance of the suggested stimulus and behavioural response to the suggestions (accepted or not). In such a situation the interrogator can manipulate trust, uncertainty and expectation to be able to alter the person’s susceptibility to suggestions (Conti, 1999).

Characteristics of the person affect the way this method works out. People with low intelligence, poor memory, low self esteem, anxiety are more prone to be suggestible and more likely to give false statements and confess to crimes they did not commit. Introverts are more capable to be conditioned easily than extroverts, and since many criminals are extroverts and designed for the typical criminal, may have an adverse effect on innocent introverts. (Conti, 1999) Stress is another important factor that interrogators use to elicit confessions. A certain amount of stress applied to a normal person might get the truth of him/her, but if it is applied to someone who is psychologically weak, it may result in a false confession (Conti, 1999).

In order to reduce the incidence of false confessions police investigators should receive special training in appropriate interviewing skills. During training, special attention should also be given to dealing with individuals with special needs such as the mentally impaired and juveniles during interrogation. Effective communication practices by investigators will lead to accuracy and accountability in the criminal justice system and hopefully reduce the number of erroneous convictions (Cassell, 1998). The judicial system needs to be more aware of the inapt approaches of eliciting confessions from suspects in custody. Interrogations should be centered on eliciting the truth rather than trying to get a confession. When questioning a potential suspect, the investigator should take on a disinterested role rather than an adversarial one (Conti, 1999). The length of interviews, are also detrimental and can account for false confessions. Long interrogations cause anxiety and stress. Limiting the amount of time interrogations can last, the time they are held, for example not when the suspect is supposed to be sleeping will reduce the phenomenon of false confessions (Conti, 1999). In order to eliminate foregone conclusions and to guarantee the accuracy and authenticity of confessions, it is vital that statements issued be substantiated by evidence. With DNA tests exonerating scores of persons wrongly accused and convicted of crimes, claims of false confessions have been vindicated.

Another idea is to videotape or audiotape all interrogations. Mandatory videotaping requirement would serve a dual purpose of protecting police agencies from claims of misconduct and safeguarding the rights of suspects (Moushey and Perry, 2006). Meissner and Russano presented the ‘best practice’ recommendations for interrogating suspects. The first is Transparency of the Interrogation process, which advocates the video taping of interrogations to be able to reduce the practice of investigators changing their use of coercive techniques to pre interrogation techniques, and that the angle of the video taping shows both the investigator and the suspect to reduce biases of third parties when deciding on the voluntariness of the confession. The second recommendation is The Identification of Suspect Vulnerabilities. Certain individuals are more susceptible than others, especially if they are children/juveniles or mentally challenged. In these cases, assistance should be provided to these individuals. The psychological and physical state of the suspects should be taken in consideration at the time of interrogation. Factors such as recent use of drugs or alcohol, lack of sleep or pain must be also considered. In this case, the interrogation should cease until the individual is in a ‘normal’ state. The third recommendation by Meissner and Russano is The Avoidance of Techniques that Increase the Likelihood of False Confessions. Certain factors are known to influence individuals to falsely confess, so interrogators are advised not to use negative influence such as suggesting memory failure theories and presenting false evidence. Interrogators according to Meissner and Russano should also try not to lengthen interrogations and not offer leniency or bargains in exchange of a confession. The final recommendation by Meissner and Russano is the Post-Interrogation Analysis of Confession Reliability suggested by Leo and Oshe (1998). An evaluation of all the fact pre interrogation and post interrogation is recommended to check that all the facts are consistent.

Derick Chauvin: The Sacrificial Lamb Thrown to the Ravenous Wolves by a Derelict Judge

During my time as a deputy sheriff for San Diego County, California, during the mid-1980s, I saw quite a few restraints applied by San Diego police officers, California Highway patrolmen (I never knew a patrolwoman), and sheriff’s deputies to suspects resisting arrest, and no deaths from the proper application of those restraints resulted from their proper use. On learning that 19 year Minneapolis Police officer Derick Chauvin was accused of murdering resisting criminal suspect George Floyd by the misuse of an approved arrest and control restraint, I began intricately researching the incident to ferret-out the salient and cogent facts. After examining the effect of the reporting of the liberal media on the racial overtones of Floyd’s death, I had immediately surmised that had Floyd been a white man in the exact same set of circumstances, the media would have found no interest, whatsoever, in the death of a white man from police restraint while resisting arrest.

The first three weeks after Floyd’s death and autopsy, during which the media accused Office Chauvin of causing the death of Floyd from affixation by using a departmentally-approved shoulder-neck knee restraint, resulted in false accusations to be leveled against Chauvin, that he had cut-off the air to Floyd by the application of the knee restraint, and that the restraint alone, applied for nine minutes, was the cause of Floyd’s death. That gave the media enough time to produce headlines to bias and prejudice the minds of most of the people of Minneapolis as to the guilt of Officer Chauvin for “murdering” George Floyd. By the time the sixth week had elapsed in the criminal pretrial discovery process, enough credible evidence had been adduced by Chauvin’s defense team from Floyd’s forensic autopsy and toxicity-screen to indicate that the “but for” premise for lack of criminal culpability would apply to the actions of Chauvin and the physical condition of Floyd prior to his death. Simply put, but-for the lethal level of illegal drugs in Floyd’s body and the severe physical condition that Floyd was in prior to his death, the nine minute knee restrain applied by Officer Chauvin would not have caused the death of George Floyd.

As such, the criminal culpability, or guilt, of Officer Chauvin was essentially negated, as Chauvin acted as he would have with any other suspect, of any race, who would have been resisting arrest prior to the application of the knee restraint. He, therefore, could not be accused of first-degree murder, second-degree murder, third-degree murder, or manslaughter since he had applied the departmentally-approved knee-restraint for nine minutes without causing the death of George Floyd. The exculpatory fact that Floyd claimed to have difficulty breathing fifteen minutes prior to the application by Chauvin of the knee-restraint, made it crystal-clear that Chauvin’s knee-restraint had not caused the breathing difficulty, and that the officers would not have necessarily believed Floyd’s resisting complaints, since it is a proven fact that criminal suspects will say anything to cause police to go easy on them.

Then entered the politically motivated Minnesota judge, Peter A. Cahill, who very improperly allowed the Derick Chauvin trial to be televised, and began to egregiously and inexorably stack the scales of justice against Derick Chauvin with bias and prejudice. In effect, Cahill made it impossible for Chauvin to receive a fair trial through his intentional acts. A second-year law school student would have clearly recognized that what Cahill was doing to allow Chauvin to be charged with second-degree and third-degree murder was totally improper, and that the elements of those crimes did not fit what Chauvin had actually done. Cahill had to appease the hungry wolves threatening severe violence on the streets of Minneapolis if Chauvin were acquitted. I’ll put it this way, if recently appointed SCOTUS Justice Amy C. Barrett had been chosen to preside over the trial, she would have done things in a completely different manner, and she would have granted the defense request for a change of venue and would have sequestered the jury from the start of the trial. She would have sought justice for Derick Chauvin and not political and racial appeasement for the black mobs of Minneapolis. Finally, if Barrett had been in charge, there is certainly no doubt that she would have declared a mistrial based on what the very stupid Maxine Waters did to invoke violence on the Minneapolis streets if Chauvin were acquitted.

The old American aphorism advanced by such dedicated attorneys and judges as Clarence Darrow and the Honorable Learned Hand, “It’s better that twelve guilty defendants go free than one innocent defendant falsely convicted,” does not apply in the grossly unjust conviction of Derick Chauvin. There is no doubt that if a Minnesota appeals court does not reverse the Chauvin conviction and order, either, an acquittal, or an unprejudiced new trial in another venue than Minneapolis based upon the egregious errors of law allowed by Judge Cahill, the standard of justice in the State of Minnesota will be forever tarnished.

1978 Murder Unsolved – Burger Chef Murders

It was a chilly Friday evening, November 17, 1978 a little before eleven and night. The kids working the local Burger Chef on Crawfordsville Road in Speedway, Indiana were about a half an hour away from closing the shop and ready to lock up and do what kids do on a Friday night. One sixteen year old eyewitness would later tell police that two Caucasian men in their thirties were suspiciously hanging out in the parking lot.

There were four employees on duty, Jayne Friedt, Daniel Davis, Mark Flemmonds, and Ruth Ellen Shelton. The very next morning, an employee discovered the back door of the restaurant wide open and about $600 missing from the register.

Police believe that a robbery took place right as the hamburger joint was closing for the night. Whatever happened, the four employees were kidnapped and taken from Speedway. A massive search by police and volunteers ensued.

Two days later, on a Sunday afternoon, the four murdered bodies were found in the woods twenty miles away. One boy was beaten and the autopsy revealed he died of blunt force trauma to the head. One of the girls had been stabbed twice in the chest with a hunting knife. The other two were shot execution style with a .38 caliber gun.

Burger Chef offered a $25,000 reward to anyone who could give police information that would lead to the arrest of the muderer(s).

Today Indiana State Police maintain an open file on the case. But it still goes on as a Murder Unsolved!

How to Tackle Armed Robbery in Nigeria

Armed robbery is one ugly social vice which is believed to exist in all countries of the world. However, it seems that the menace is rampant in developing and underdeveloped nations of the world.

Nigeria has about 140 million people. The population is made up of a good number of the healthy working population. This working population is mainly young people who are skilled labor, semi-skilled labor, or unskilled labor. Most of these young people leave school without being employed for years.

They are not unemployed because they can’t work but simply because there are no job opportunities where they can fit in themselves. Some of them roam the streets in search of menial jobs in order to make both ends meet while the lazy ones or those that felt that the society is not happy with them becomes angry and turn to armed robbery among other social vices too numerous to mention.

The government established the Nigerian Police Force (NPF) and charged the men in black with the responsibility of checking armed robbery and other crimes in the society. But it seems the spate of armed robbery in the country is increasing exponentially by the day. Does is it mean that the Police Force are not doing enough?

The problem is that the police are not yet well equipped to tackle the menace. In addition, there are many bad eggs in the police force that go as far as collaborating with the armed robbers. The government should ensure that those recruited into the force are people of good reputation. The government should adequately equip and fund the police force.

The bad eggs that are already in the police force should be detected and flushed out. The police force should go on training tour from time to time.

Policing Nigeria the Family Support Unit Way

Rape is a state, not a family issue in Nigeria. This is what the police told me when I visited the Family Support Unit building at Sango Ota Area Police Command in Ogun State, Friday, October 16, this year.

Off course, I know this is true. But, in Nigeria with about 80million of the estimated 203million people living below the poverty line and all sorts of cultures and customs, how many people know this? Your guess is as good as mine.

Truth is that rapists seem to be on rampage across states in our beloved country and the police are choked-up, ill-equipped, underfunded, and poorly motivated by the federal government to tackle rape, defilement, child abuses, sexual violence, headlong.

In Ogun state for instance, June this year, Dapo Abiodun, governor of the state told the world that his state will be ruthless with rape cases.

Abiodun dropped this cherry news when Bamidele Abiodun, his wife led an anti-sexual and gender-based rally led to his office at Oke Mosan in Abeokuta, Ogun state.

The governor assured that cases related to violence and rape could be fast-tracked by public prosecution team and offenders brought to book.

Five months down the line, Monday Agbonikan, an assistant commissioner of police and commander for sango ota police command with permission, support and approval from Edward Awolowo Ajogun, the state police commissioner, has erected a family support unit building for the police in his command.

The building, from my findings is about 80% percent functional and Bamidele Abiodun, wife of Dapo Dapo Abiodun, governor of the state. Kabiyesi of Sango Ota, as well as the chairman of Ado-Ota local government area, have been supportive of the project.

It is due to be officially commissioned October this year, even as work has commenced on the serious business by the police of cleaning up Sango Ota of rapists and other criminals.

Also speaking, Yemisi Alli-Yaunaduo, officer-in-charge said in the last one month, a man, who raped a 6-year-old girl and the father of the girl tried to bury the case under the guise of being a family issue, is now cooling his feet at one of the correctional centers in the state.

Justice was also brought of bear in some rape cases where victims were traced to Ijebu Ode, Akute, Ifo, Lagos, etc.

The Sango police command FSU, has a well-equipped interrogation room, reception, offices, conveniences, marked toys, etc.

Truth is that the police officers attached to the unit are spending their money for logistics and welfare for the victims and the suspects for now. So, non-governmental organizations as well as other public spirited individuals should come to the aid of the police at Sango Ota command with vehicles, financial and other supports to do the job.

A Bronx Criminal Lawyer’s Guide – The Path From Arrest to Arraignment in Bronx County, New York

There is a commonly held belief amongst lawyers, as well as the general public, that all criminal matters initiating with an arrest somewhere in the United States, follow some precise, consistent, and direct trail leading to formal court proceedings. This, unfortunately, is far from reality. There are many factors which have an important impact on the process following an arrest. These factors include, but are not limited to, the location where the person was arrested, the availability of a nearby operating judicial center, access to legal counsel, the availability of prosecutors, court clerks, stenographers, computer systems, and many other elements essential to any legal process. Persons arrested in remote areas, at night, can expect to spend several hours at a police station with little or no access to lawyers. Most are surprised to learn that many Judges called in to conduct the arraignment-quite often in the back of a police station-are not lawyers at all. Many arraignments take place without legal counsel, prosecutors, court clerks, or even stenographers. Fortunately, a person arrested in Bronx Couny, New York City, will, with few exceptions, follow a highly organized path leading directly to his or her arraignment. Available courts, lawyers, prosecutors, stenographers, and all those persons, or systems, necessary to move the matter along in a timely and orderly manner, are in place. As orderly as it is, however, the process may appear Kafkaesque to the general public, and even to the untutored legal practitioner. The following is a roadmap outlining the precise journey virtually all cases take from the moment of an arrest to the official arraignment proceedings.

All criminal matters in Bronx, New York, commence with the report of a crime, either by civilian witnesses, or by police officials. A civilian reporting a crime may be an actual eyewitness, a victim of a criminal offense, or a representative of the victim, such as a parent. In addition, certain classified professionals, such as social workers, doctors, lawyers, or legal guardians, are obligated by law to report certain offenses that come to their attention. The police may initiate a criminal complaint against an individual in the absence of any victims or witnesses. Typically, this occurs when the police observe an individual committing an offense, such as driving while intoxicated, possession of a weapon, or the sale and possession of drugs.

After a complaint is made by a civilian, or observed by the police, a potential suspect may not be arrested immediately. Attempts by the police may be made to encourage the suspect to speak with the police in an attempt to obtain incriminating statements, or provide evidence of, or proceeds of a crime. Soon after the suspect either speaks with the police, or demands legal counsel, the actual arrest may take place. The arrest occurs when the individual’s freedom has been physically restricted, either by handcuffs, the physical restraining of the suspect, or by threat of force. After the arrest, the suspect is usually brought to the local police precinct for processing. Processing includes the fingerprinting of a suspect to determine the exact identity of the individual based on any prior criminal history. If the individual has no prior police record, the fingerprint report will so indicate. Once the individual has been printed, his NYSID number will appear on his fingerprint report. NYSID stands for New York State Identification. A person with a prior police record will be assigned the same NYSID number. A person who has never been arrested will be assigned a new NYSID number. The NYSID number is used to track the person’s criminal history throughout the State of New York. It also reveals whether or not the person has any outstanding bench warrants, owes any fines to the court, or is wanted in another state, or jurisdiction. The suspect is also assigned an arrest number. The arrest number pertains only to this particular arrest. In addition to the printing, and records check of the arrested person, photographs are also taken for identification purposes.

The next step in the process is the actual filing of a police complaint report. The police complaint report is filled out by the arresting officer. It provides a brief description of the offense, the evidence obtained, the names of the victims, or witnesses, if any, and the precise charges for which the defendant has been arrested. The arrest report also contains the defendant’s name, address, and personal information. This information, known as pedigree, usually comes from the defendant himself, and becomes part of the official report. Once all of this information is compiled, the defendant, the arrest reports, fingerprint reports, and all other relevant information, is transported to Central Booking. Central Booking is located in the Bronx Criminal Court Building. Here the entire file prepared by the police is presented to the Bronx District Attorney’s Office. The District Attorney reviews the entire matter and decides whether or not to proceed with the arrest process. If the prosecutor declines to prosecute because of insufficient evidence, or for some other reason, the defendant will be released from custody, and all records, and photos compiled will be expunged. If the matter is not dismissed, a formal criminal court complaint will be prepared by the prosecutor.

The criminal court complaint is a more detailed complaint of all of the charges made against the defendant. It contains information about the evidence obtained, the names of witnesses, the times and places of the crimes charged, and an affidavit by the complaining witness, or the arresting officer. Once this affidavit has been reviewed and signed, the entire matter is forwarded to criminal court for the arraignment. The arraignment is when the defendant is brought before a court and publicly notified that certain criminal charges have been filed against him. Prior to the arraignment, each criminal court complaint is assigned a docket number. The docket number pertains only to this particular criminal court complaint. Before the actual arraignment, however, the suspect, now a defendant, is entitled to legal counsel. The attorney assigned, or hired by the defendant, will be provided a copy of the official criminal court complaint, along a copy of the defendant’s criminal background. The attorney will then be permitted to speak with the defendant before the arraignment. The purpose of this interview is for the attorney to notify the defendant of the charges that have been filed, obtain any important information, such as defense witnesses, discuss bail related issues, and answer all legal questions of the accused. Once this is complete, the defendant is then brought before the court for the arraignment. The actual arraignment usually lasts no more than a few minutes. The prosecutor typically notifies the Judge of the seriousness of case before the court, and whether or not bail is being requested. The prosecutor also notifies the defense attorney whether or not any statements were made by the defendant, and if the defendant was identified in a line-up, or in some other fashion, such as a photo identification. Once the prosecutor finishes addressing the court, the defense attorney speaks on behalf of the defendant. The primary goal of the defense attorney at this point is to obtain the release of the defendant without bail, or with minimal bail conditions. The attorney may argue that the matter before the court is a minor criminal offense, is legally insufficient, or represents the defendant’s first offense. The attorney may also argue that the defendant maintains strong community ties, such as work and family, and is unlikely to warrant if released. At this point, the Judge makes a decision as to bail, and simply adjourns the matter for further legal proceedings, completing the arraignment process.

What To Do Immediatley After a Car Accident

Did you know that there are over six million car accidents in the United States every year? Fortunately, in most cases, car accidents only result in damage in to property but, in one in three cases, auto accidents also result in personal injury.

Even if you have never had an accident before or you don’t drive your car very often, there is always the possibility that you could be involved in an accident through no fault of your own. If you are aware of the steps you should take after an auto accident, you will be better prepared to protect yourself and your passengers from injury and you will be aware of what you need to do protect yourself against unfair claims.

Here are the steps you should take if you are unfortunate enough to be involved in a road accident:

Stop your vehicle

Whenever you are involved in a car accident, however minor, you should always stop. Never leave the scene of an accident without stopping.

Make the Scene Safe

One of the first things you will need to do is make sure that no one has been injured and the scene of the accident is as safe as possible. To avoid the danger of a further collision, place flares or warning lights around the stationary vehicles, and put your hazard warning lights on. If you are on a busy highway, stand well away from fast-moving oncoming traffic.

Call the emergency services

It is advisable to notify the police of an accident, even if there are no serious injuries. If there are any injuries or there is a fire, then the ambulance and fire services should be notified as well. It’s a good idea to notify the police, even if it is a minor accident, because you will need a police report to file with your insurance claim. If possible, the vehicles should not be moved before the police arrive.

Make a complete record of the accident

When the police arrive it is important that give them an accurate record of what has happened. If you are unsure of any of the details, be honest about it, don’t try to speculate or make assumptions. If you are asked if you are injured, it is better to say that you are unsure, rather than to say no, because some injuries from car accidents only manifest themselves later on. If there are any third-party witnesses to the accident, you should ask them to wait for the police to arrive, so that they can give a statement.

Take photographs

If there is damage to your vehicle, then take photographs of that damage. You should also take photographs of any damage to other vehicles as well. If you have any injuries that are visible, take photographs of that too. Sadly, there are people who will claim that far more damage was done to their vehicle than actually was. A photograph will enable you to dispute a spurious claim against your insurance. While making a record of the accident is important, you should not, of course, impede the work of the emergency services and the police while you are doing it.

Exchange details with the other party

If the police attend the scene of a car accident, they will take all the details of those involved in the accident and of any witnesses. If the police do not attend, you should obtain the names and addresses of all those involved, including passenger and witnesses. You should also exchange insurance details with the drivers of the other vehicles involved. If the police are in attendance, the police should provide you with a police report number. With that you will be able to obtain a copy of the police report into the accident. If the accident occurred on a state highway, you are legally required to report the incident to the police.

Get a medical check up

Even if you don’t think that you have been injured, it is advisable to get a medical check-up as soon as possible after a car accident. Injuries caused by car accidents often don’t become noticeable until several days later. Even low-speed impacts can cause spinal damage and, if you felt dazed by the accident, you may have suffered a mild concussion.

Keep all the paperwork

Keep all the paperwork you have relating of the accident in a file. This should include all correspondence, your insurance claim number, details of the claim adjuster dealing with the claim and the names and telephone numbers of all those involved in the case. You should also keep all the receipts for any expenses that you incur as a result of the accident, including car repairs, medical costs and the cost of a rental car if one was needed.

Seek legal advice

It is advisable to contact an attorney straight away when you have had a car accident. A good attorney will help you protect your rights by advising you on how to make sure that evidence is not destroyed and by giving you advice on the preparation of your statement to your insurance company. They will also help make sure that you receive the proper compensation of a car accident and that you receive the best medical treatment.

Everything You Wanted to Know About Tasers But Were Afraid to Ask

Tasers are now being used by many law enforcement agencies throughout the world. (Tasers are also called stun guns) They are certainly used by the police in Orlando where I live. Instead of shooting or wounding a victim with bullets the Taser delivers a 50,000 volt electric shock to a law breaker that overrides one’s central nervous system. This causes uncontrollable contractions of the muscle tissue and instant collapse. This is known as nonlethal force.

A while ago I was invited by the Orlando Chapter of Amnesty International to perform some research and deliver an address to the group concerning the pros and cons of Taser use. During the same time period I happened to be serving on Florida State Senator Gary Siplin’s Commission on the Use of Deadly Force by Law Enforcement in Florida and had the opportunity to witness live demonstrations of Taser use by members of the Orlando Police Department.

You might be interested in learning some of the Taser facts that I derived from my research for that speech.

First, from where does the name Taser derive? The inventor of the Taser took the name from a 1911 boy’s adventure story by author Victor Appleton. Appleton wrote a science fiction story about a young crime fighter who foiled criminals by incapacitating them with an electric rifle he had invented. The name of that young crime fighter in the story was Thomas A. Swift. The name of the story was entitled: Thomas A. Swift and his Electric Rifle. The modern day inventor of the first true electric stun gun named his invention after the initials of the story — T A S E R!

The company that makes and markets Tasers is an Arizona corporation called Taser International. The company sells several models of the Taser, in 1994 they came out with their first called the “Air Taser” in 1998 they introduced the model “M26” and in 2003 they brought out the “X26.” These high powered Tasers are the new fad in law enforcement. Police contend that the use of Tasers lower injury to the police and to the public. The police also maintain the Taser is a tool to be used in conjunction of other nonlethal types of force.

However, doctors, reporters and human rights groups contend that the Taser use raise grave safety issues. A number of citizens have died after having been Tasered. Taser International spokespersons disagree that the Taser is a dangerous weapon. When a human being is Tasered his or her body is subjected to a 50,000 volt shock that is designed to override the target’s central nervous system, causing contractions of the muscle tissue that leads to instant collapse. The company maintains that the jolt will physically debilitate a target regardless of their tolerance for pain or their mental focus. The Taser is said to “directly tell the muscles what to do: contract until the target is in the fetal position on the ground.” The company further contends there are no residual effects to the body after having been Tasered.

My research revealed that since 2001, at least 70 people are reported to have died in the United States and Canada after being shocked with the M26 or the X26 models. Twelve of the deaths have occurred in Florida. Four of those deaths have occurred in Orange County where I live. Coroners who have commented on the deaths generally attribute such deaths to other factors such as concurrent drug intoxication when Tasered. Other medical experts question whether Taser Shocks may exacerbate a risk of heart failure. Some scientists contend that that electricity near the heart can be dangerous because it may cause ventricular fibrillation. Still, other scientists suggest or speculate that an excess of potassium, produced when the muscles contract violently, may be a key ingredient in the deaths associated with the device. In essence, no one knows for sure whether the Taser by itself can cause death.

Despite the deaths that have occurred, more than 6,000 law enforcement and correctional agencies in 49 states are deploying or testing Taser equipment. My researched also revealed that several states which formerly banned all stun guns have recently changed their law to allow local and state police to use Tasers. Tasers are now used by campus police on many university campuses. Tasers were used by the U.S. army during the Iraq war and are still being used by the military at Guantanamo Bay. Tasers have been purchased or tested by police or the military in Argentina, Australia, Canada, France, Germany, Israel, Mexico, Spain, Turkey, the United Arab Emirates and the United Kingdom. Forty three states place few or no restrictions on possession of such stun weapons by members of the public for self-defense. However, price may be a deterrent to buying a Taser for personal use. The price of the Air Taser is $399.95; the M26 model costs $699.00, and the X26 is advertised at $999.00.

Local police agencies in Florida were among the first agencies to adopt the new generations of Tasers on a wide scale. The Orlando Sentinel newspaper reported in March 2005 that police had used Tasers against 24 students in the prior 18 months. An Amnesty International report states that Tasers are used against unarmed suspects in 80% of all cases of nonlethal weapons; Tasers were employed in 36% of cases for verbal noncompliance by suspects, but used only in 3% of cases involving deadly assault.

According to information released to the media in 2007 by the Orange County Sheriff’s office when I was pursuing my research, 700 deputies out of the 1,318 man force were armed with Tasers and the department had just ordered 125 more Tasers. The next year it was reported that Orange County deputies made 45,033 arrests and used Tasers 464 times, including against 14 suspects who were so aggressive that the law would have allowed the use of deadly force.

The Orlando Police Department has a stricter policy on the use of Tasers and prohibits Taser use unless a suspect actively resists a police officer. The Orange County Sheriff’s Office mandates that each deputy be given eight hours of annual Taser training – an increase from four hours initially used by the office. This will allow for 6,000 hours a year of training for the deputies of the Orange County Sheriff.

Critics of Taser use, such as Amnesty International, have called for all federal, state and local authorities to suspend use of Tasers and other electro-shock weapons pending an urgent rigorous, independent and impartial inquiry in to their use and effects.

There has been no such suspension and it looks like Tasers are here to stay.

Talk Security – The Advantages And Disadvantages Of The Telescoping Tactical Baton

Today we will discuss the use of the expandable baton also known as the telescopic baton. We will cover the advantages and disadvantages of this weapon. The expandable baton was invented as a weapon for military, law enforcement and security personnel as a non lethal self defense weapon. It is a great self defense tool that can be used to trigger pressure points, leverage while applying joint locks and breaking away from choke holds. In appearance the expandable baton looks better on a police officer or security guard than the normal night stick.

The expandable baton is made of aluminum and ranges in length anywhere from16 to 21 inches in length when fully expanded. Retracted the baton is about 7 inches in length with a rubber handle. It is approximately 50% lighter than the traditional standard police baton yet it only looses about 2% of the effectiveness of a standard police baton.

When flicked in a downward direction the three tubes fully expand. When being attacked the baton can be used to strike many areas of the body such as the common peroneal nerve causing the attackers legs to collapse. The baton can be used either collapsed or fully expanded. It is great for lunging at the lower abdomen to create distance between you and an assailant. The expandable baton is a very valuable self-defense tool but it should only be carried when applicable laws allow you to do so. Although the expandable baton was created for non-lethal self-defense is can cause permanent bodily injury or even death. It is recommended that you check with your local law enforcement agency before purchasing and carrying any self-defense weapon. After you have determined that you are allowed to carry any type of weapon training from a professional instructor is advised and in some cases may be required by law.

I have used the expandable baton on one occasion where it was a disadvantage versus a traditional police baton. In this situation I was waste deep in water, once I was able to draw the baton from my holster it would not expand rendering it useless. This was a very unusual circumstance, however if I would have attempted to expand the baton in a training session I would have responded differently to the assailant. Although it was ineffective after being submerged in my situation using after being exposed to rain or snow will not decrease it’s likelihood of expanding properly.

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