The Innocence Project reports that DNA testing has exonerated many prisoners wrongfully convicted of various crimes. In over 15 percent of these cases, the defendants were convicted on the basis of informant testimony. In the total number of death row convictions that have been overturned since the 1970s, an estimated 45 percent of these involved informant testimony. This makes informants the leading cause of wrongful convictions in cases involving capital punishment. In these cases, the defendants were exonerated by the informants themselves confessing that they had lied to investigators or on the witness stand, by the discovery of evidence withheld during trial or new evidence proving the innocence of the accused, or by the real perpetrators coming forward and confessing.

The exoneration of L. Peters (not his real name) is one such example. In March 1989, he was convicted of murder and sexual assault and sentenced to life imprisonment. During the investigation, police interrogated Peters’s co-workers many times using questionable tactics such as lengthy interrogations, threats of prosecution,and similar methods. Eventually, the three men said Peters confessed to them that he committed the crime. This supposedly occurred one day when they rode with Peters to work. Records proved that this was impossible as Peters was absent from work on that day, but the jury convicted him anyway, and he was sentenced to life plus 20 years in prison. He sought DNA testing in 2005 that confirmed his innocence and led to his conviction being vacated. But despite this, the prosecution said they would bring him to trial again. The next year, the prosecution decided to drop all charges and Peters became a free man.

There are cases where informants come forward voluntarily, seeking deals with the government. But many times, police look for informants, then supply them with the detailed background of the case, which is all the information the informants need to give false testimony. In certain cases, the problem can be that there is no forensic evidence available and the prosecution relies heavily on an incentivized witness’s testimony.

Since these witnesses are unreliable, they should not be given much credibility by juries. But such witnesses continue to testify in cases across the nation, likely continuing to inflict damage on the credibility of innocent defendants. The justice system badly needs reforms to help solve this problem.

Scale of Justice. (Wikipedia image)

On December 1 this year, a burglar who apparently pushed his luck too far finally received his comeuppance when the resident of the home he had broken into caught him in the act.

W. Smith (real name undisclosed), who lives in a wooded area near Athens, Ohio, already had a problem that day. His video game systems had been stolen, and he quite probably was upset and wondering who did it. Having left during the day, he returned home that evening and discovered an intruder inside the house. He chased the burglar through the woods, but lost him. But Smith recognized him as a neighbor. Smith tried going to the man’s house and found him there. A struggle ensued, but Smith was able to subdue the thief and hogtie him with a belt. After throwing the thief into the back of his car, Smith drove back home and contacted the police. Athens County Sheriff Pat Kelly confirmed that the burglar had been hogtied. He was unconscious as well, but Kelly attributed this to the perpetrator’s appearing to be under the influence.

Kelly said the criminal’s identity will be withheld pending his indictment.

This incident may draw questions regarding the legality of Smith’s unorthodox methods, granting that the purpose of such methods was a criminal’s capture and being brought to justice. Smith may appear to have taken the law into his own hands, something the law and law enforcement alike frown upon. It may therefore come as a surprise, a pleasant one to some observers, that Officer Kelly himself said Smith broke no laws in the incident and consequently will face no charges. Kelly did, though, warn others who may find themselves in a similar situation against duplicating such acts.

From Monica Risam Nicklin

Lady Justice. (Wikipedia image)

Laws don’t always make sense. Listed below, for your edification, are a few random laws that, well, make one wonder just how far lawmakers would regulate peace and harmony.

In France, for example, it is illegal for the owner of a pig to call it “Napoleon.” Chances are, though, this law probably came about during the reign of Emperor Napoleon Bonaparte, who might have had good reason to pass this law.

In Thailand, it is illegal to leave one’s house while not wearing underwear.

It is forbidden to bring bears to the beach in Israel. Frankly, I think it goes without saying for whatever part of the world one is in.

Being intelligent is a legal requirement to enter college in China. Ooo-kay.

No vehicle without a driver may exceed 60 miles per hour. Personally, if I saw a vehicle without a driver traveling at 60 miles per hour on the highway, I’d call it a miracle.

In the grand state of New York, the penalty for jumping off a building is death. Err, what?

In the city of Seattle, Washington, it is illegal to carry a concealed weapon that is over six feet in length. Applies only to the likes of Yao Ming and the Big Show, I suppose.

All electronic games are banned in Greece. So much for Pac-Man.

In cleanliness-conscious Singapore, it is illegal to pee in an elevator. Given that some laws tend to be reactive in nature, i.e., passed in response to a particular need, this does say something, I suppose.

Kudos to Mexico, for despite all that that is going on there, they are concerned about the safety of bicycle riders, for it is illegal for the latter to lift their feet off their bicycles’ pedals.

I’m sure there are a lot more laws out there which would make one scratch one’s head. Good luck with the research, and as a parting tidbit – watch out, Scotsmen, should you go to Italy! There, you could be arrested for wearing a skirt.

Some D.C. leaders were angered as they watched Monday night’s report on a District man who owes the city over $17 million in back taxes.

“It was unbelievable,” said D.C. Council Chairman Kwame Brown.

He made several calls Tuesday morning to find out why it took so long for the city’s Office of Tax and Revenue to pursue this case.

Council Member Mary Cheh is also moving forward with legislation that would form a team to collect millions of dollars in unpaid fines.

“They should start writing checks,” said Cheh, when FOX 5 asked her about those who have refused to pay D.C. fines.

Under Cheh’s plan, the debt collectors will go after unpaid fines, not only in D.C., but also will be authorized to collect fines from people living in other jurisdictions. This includes parking tickets and code enforcement violations.

Cheh’s bill was tabled at a meeting on Tuesday, but she hopes to have a full discussion and vote at the next council meeting.

The reality is that there is always something to talk about.  As of late I have had the status of the human race in mind.  Things do not look good.

They also are not as bad as some profess.  Today, there are still a lot of people dedicate to what is good and decent in life.

There are a lot of people in the abyss of modern moral perpitude.  Now, I am not preaching religion.  I am just talking about getting along with our neighbor. 

The reason people should watch their driving and keep their stereos at a low volume is because they are causing their neighbors distress.  The goal of a peaceful life is hard to obtain when we have to deal with aggressive drivers and loud noise.

The bigger picture is business, government, and national leaders who through their greedy and corrupt ambition can lead us all into chaos and death.  I am not in agreement with the “occupy something” crowd.  In life we are responsible to find a way regardless of circumstances.  If I do not like something a company is doing, I will not do business with that company.

Only a misguided fool would protest the system that can lend him or her resources to accomplish his or her dreams.  That is the American free enterprise system in a nut shell.  People take risks to make a business succeed and by doing so these people provide jobs.

Now, I know the modern world tells many people that they have the right at a completely satisfying life.  The problem is that message is not out there about how to work at a satisfying life.

Life is work.  The mundane stuff of life is necessary.  Groceries need to be bought. Floors need to be mopped and broomed. The person you are making romantic promises to and your friends and family members need your appropriate attention.

Therefore, stop thinking you are going to be rich and famous.  You are only going to be a regular person.  Last, night I reminded myself about the “electric fog of evil”.  This is the force that pushes people’s mental buttons and leads people to doing things they do not want to and hurts others.  This fog is the reason there is so much animosity, hatred, and violence in this world.  People are disappointed their Hollywood dream did not work out.

However, people can refuse to be part of the madness.  I know that lifestyle is as thing of practice.  It is also a thinking proposition, not a feeling proposition.  To many people think all they have to do is feel.

Feelings are okay.  However, they have their place.  Today, many are excusing violent Muslims and criminals just because of their empathy and sympathy with these people.

The problematic people in our society are human beings and deserve basic human decency.  However, they need to be held accountable for their actions.  I have reviewed the Koran.  Islam is a religion of hatred and violence.  The reason people take to it is because it disguises its purpose behind god-like-romantic-poetic language.

We need to be aware that there are forces working at the destruction of the human race.  This forces influence our moods and actions.  Do you honestly believe that so much TV and movie watching does not shape your thoughts and feelings?

I know that these behaviors do influence us.  People see obnoxious people who live lives without limits and they start behaving like obnoxious people living without limits.

At the end of the show the human race destroys itself.  Therefore, we need to be agents of peace and warriors of “life”.  I trust no one but me to keep me decent and good.  Also, I only trust myself to protect the human race.

Allow me to repeat myself.  Life is an awesome experience.  It is not hard to have a good life.  We meet our basics needs while we love those who love us.

However, we have become vulgar lot.  We look unto our neighbors with hatred and disgust when we do not really know them.

What a world we would have if people obsessed on their lives and left their neighbors alone.  We would realize our obnoxious, dangerous, and violent behaviors.  In addition, we would realize that life is passing us by while we hate.

My quest has always been an enjoyable and peaceful life.  I desire to harm no one.  I believe life is great and try to give helpful advice on how to enjoy the best that life has to offer.

Because I love life I am concerned about the jeopardy life is in today.  We are her destroyers.  Our bad, vile, and hateful attitude is snuffing the beauty out of life.

I believe us to be better people.  All of us have at the center of our hearts that which is good and decent and the mind to make smart decisions. 

We also understand a call to justice. We cannot allow the worst among us to roam free and threaten our loves ones.  It would be great if the institutions of life did their job.  However, I am not going to wait around for a law enforcement type to safe my life.

I have to be wise and manage life fully aware of her challenges.  Do not let yourself be robbed of your joy. Recognize life needs us.  Let our actions be good with the goals of enjoying life and defending life. All of us have to be responsible for ourselves regardless of consequences.

Feel like the law has violated your rights? The ACLU can help you. (Image via Wikipedia)

Police in the United Stares sometimes stop and search people because they suspect these people may have committed a crime or may possess weapons. Here are some basics you should know.

If you are stopped while walking, do not argue with the police or resist them or try to stop them in any way, even if you are convinced you have done nothing wrong or that they are violating your rights in some way. Always make sure your hands are visible to them.

Ask if you are free to leave, and if the officers say yes, quietly and calmly do so. But if they say they will bring you in for questioning, remember you have the right to know why.

You have the right to remain silent and cannot be forced to answer questions or be punished for refusing to do so. But remember that you must inform the officers that you choose to remain silent. In some states, you are required to identify yourself if asked to do so.

You have the right to refuse to consent to be searched, either your person or belongings, but police can give you a pat down search if they have reason to suspect you possess a weapon. Do not resist if they do so, but you have the right to refuse any further searches. Consenting or refusing can affect you in court in the future, one way or the other.

If police order you to stop while you are driving, park your car as soon as possible, where it is safe and legal to do so. Switch the engine off, switch on the inside light, open the window halfway and keep your hands on the steering wheel. If the officers ask you to, show them your license, car registration, and proof of insurance. Remember that if police or immigration officers ask to search your car, you have the right to refuse. But if they have reason to believe your car contains evidence of a crime, they have the right to search your car without your consent. Both the driver and passengers have the right to remain silent. If you are a passenger, you could ask the officer if you may leave. If the officer allows you to, do so quietly and calmly. But even if your request is refused, you still have the right to remain silent.

Remember, at all times during these situations, do not be intimidated or become agitated. Negative reactions may just cause troublesome complications. Always remain calm and collected throughout the process, and be polite to officers regardless of what you may feel regarding their manner towards you.

Honesty is important. Do not lie to the police or give them fake documents. If they feel they have a reason to apprehend you, do not resist even if you feel your rights are being violated. Contact your family and lawyer immediately, and be aware that police cannot listen in on your conversation with your lawyer. Remember that you have the right to remain silent. If you believe your rights have been violated, file a written complaint and contact your local affiliate of the American Civil Liberties Union (ACLU).

Posted courtesy of The Desk of Legal Counsel Monica Risam Nicklin, a dual qualified American attorney residing in London; currently general counsel of the European arm of Aviva. 

The best way to beat one is NOT to get one, so we’ll deal with that first.

WHAT NOT TO DO:

1. Don’t act like a dick. If you act like a belligerent idiot, you will end up with a lot more than just a speeding ticket. More likely you will end up in jail with your car impounded!

2. Do not admit guilt. Say nothing, if possible. The cop can use your admission against you in court. Better to say nothing or act dumb (see below)

WHAT YOU MUST DO:

1. Say “yes Officer, no Officer” to everything. You want this over with – fast!

2. Act stupid. It helps, even cops don’t want to torture the stupid!

3. Act scared! As if the tickets means the end of your life! Again, cops waver at this point. They may not write it if they feel sorry for you.

4. Act ignorant about what you did. Even if they give you a ticket at least you didn’t admit you were speeding, which they will use in court against you later.

IF YOU GET A TICKET:

1. Don’t argue the situation out on the road – you will not win! You don’t want them to remember you when you do go to court. SAY NOTHING – then drive away.

2. Remember everything about the situation! How much traffic, the weather, which lane you were in. Write it down if you are too stoned to remember this stuff.

AFTER YOU GET THE TICKET/PRE-TRIAL PLEA OR APPEARANCE

1. Always plead ‘not guilty.’ This may be a pre-trial appearance, or you may be able to send in the ticket with ‘not guilty’ plea. Try to delay a pre-trial appearance if possible. There will be a specified date if you have to mail in the plea.

AS THE COURT DATE APPROACHES:

1. Very important. DELAY, DELAY, DELAY!!!!!! Keep putting off that court date! You don’t want to go to court! You want to make it so the cop thinks the case is so far in the past he’ll never remember anything. A small story: When John Hussar, the director of The Blur of Insanity went to college he got a speeding ticket (90 mph in a 55 mph zone) from a New York State Trooper. He successfully put off going to court for two and a half years (mainly by lying about going on various trips to Europe)!! When he final did show up in court he discovered that the Trooper had been transferred out of the area! The case was immediately dismissed!
The Lesson? The longer you wait the better chance the cop won’t show up!

2. Request information (optional, it can work for you, or make them want to nail you more!) Also they may or may not give you any of this depending on local laws!:

a.Copies of manufacturers names, including makes, models and serial numbers of all radar/laser guns in use by the Town/City/State Police Department.

b. Copies of manufacturers recommended maintenance for all of the above stated radar guns.

c. Copies of any manufacturer literature as it relates to the correct use, including but not limited to mounting, aiming, weather and traffic limitations, for all radar guns in use by the Town/City/State Police Department.

d. A copy of the past six months’ maintenance records for all of the above stated radar guns, including, but not limited to, calibration specifications.

e. A copy of the Authorized Certification of Training, issued to the Officer who gave you the ticket, in the proper use of all radar guns in use by that Town/City/State Police Department he/she works for.

f. A copy of the patrol car assignments for the date you got the ticket.

This should give you something to work with, and also make the cop not want to show up to deal with all this crap!

COURT – A FRIGHTENING PLACE

What happens in court:

• Go check in with the clerk.
• See if your officer arrives, if he doesn’t that will often be the end right there.
• The judge will call your case.
• The officer will testify first.
• You then question the officer
• You then call any witnesses you have
• The officer can make a closing statement
• You can make a closing statement
• The judge decides.

1. Wear a suit, if you own one. If you look like a derelict, you will be treated like a derelict. We don’t care if you think that is unfair! The world is not fair – grow up.

2. Be nice. Again, being a dick will just get you in trouble and solves nothing.

3. IT is the officers duty to prove you GUILTY. If he fails to prove your guilt the case will be dismissed.

BE confident that you will win the case!

Check the actual wording of the code you violated. If the officer fails to prove guilt in any part of the code then you should be dismissed.

BEFORE an officer can use the radar/laser reading as evidence, he has to establish a few things Jurisdiction Certification, up to date, accurate, traffic and engineering survey, radar/laser properly calibrated, tuning forks calibrated (with radar), FCC license, radar/laser unit appears on that FCC license

If the officer attempts to use the radar reading before establishing those things above, politely interrupt and say “objection your honor, inadmissible evidence.”

Then tell the judge why. If the officer fails to prove your guilt at the end of his testimony don’t question him, move to have the case dismissed. And explain what he failed to prove.

If the officer was moving when was his speedometer last calibrated? Have the records to see if he contradicts himself. If officer guesses your speed. throw something and ask him how fast it was going. If he is off by 3 MPH at 15 MPH speed then think about how far off he is at 35 MPH.

Were the speed limits prima facie? or Absolute? If prima facie then prove the speed you were traveling at wasn’t unsafe.

ASK questions like: what color clothes was I wearing? did I have any passengers?

What was the weather like? To see how well versed the officer is.

See if you can attend traffic school in exchange for a dismissal of the charge (never bothers your insurance.)

OFTEN the worst part of a ticket is the increase in your insurance. By beating the ticket you don’t have to worry about that…

Hopefully the cop won’t show up – in which case you will ask that the case be dismissed – 99% of the time it will.

Anyway – there you have it. Good Luck. And if you beat a speeding ticket with any of this advice you have to make ten people you know go and see the movie!

A speeding ticket results in a fine, along with higher insurance premiums in some cases. Avoid these costly penalties by appealing your ticket through the court system. Use these steps to appeal a speeding ticket.

Document the facts. Write down your speed, the weather conditions and the speed limit where you were issued the ticket. Do this as soon as possible after you receive the ticket.

Contact any witnesses. Ask witnesses if you appeared to be going the same speed as other cars, or if you were passing them. Get their contact information in case they need to testify for you in court.

Request a copy of the prosecutor’s evidence. The evidence file may include the officer’s notes, a video of the traffic stop or a drawing depicting the scene.

Attend the arraignment on the date listed on the speeding ticket. To appeal the ticket, plead “not guilty.” You will then be issued a trial date.

Delay your trial for as long as possible. Call the court to get the trial date pushed back, if possible. A delayed trial increases the chances that the officer will not remember your case well enough to prosecute you successfully.

Go to court on the date of the scheduled trial. Arrive on time and in conservative attire.

Bring any documentation that will help your case. The notes you took just after you got the ticket are an example of helpful documentation.

Point out discrepancies in the evidence against you. Be respectful, but confident when you bring up the weaknesses in the case against you. Take notes on any statements made by the prosecutor with which you disagree.

Ask witnesses to testify in court. Their observations may help your case.

Request that the case be dismissed, if possible. If the ticketing officer does not show up to the trial, you have the right of dismissal. The same goes if you have delayed the trial enough that it is outside the time frame for a fair and speedy trial, which varies by jurisdiction and violation.

Wait for the verdict. If you are found not guilty or the case is dismissed, you do not have to pay the ticket. If you are found guilty, you will have to pay the fine listed on the speeding ticket, plus court costs.

   5.9 more deaths by gunfire than Canada no matter how you look at it. But in all fairness the United States has been embroiled in two wars and the unemployment rate and economy have been hit hard so it is not really surprising that gun fire rings out across the country.

In the province of Ontario according to the Officer down memorial page in the year 2010 a total of two officers were killed while on duty.One by gunfire the other by automobile accident.While it also shows that British Columbia suffered four deaths federal, one by drowning the other by automobile accident, the other two died overseas and shows them as having been killed as the result of natural disaster.

   While in the year 2010 one officer died as a result of gunfire in Canada..And yes Canada’s homicide rate is 1.6 per one hundred thousandwhich is not good.Now it would be easy to blame this rate on the United States as Canada and the U.S. share a border and as a result Canada is plagued by American gun runners. Gun runners who make huge profits as a result of said activity. On some levels that may very well be true however crime rates or should I say homicide rates having been dropping since the mid 70s so the influence of American gun smugglers on the murder rate has been small, but should point out that all peer nations are experiencing the same trend.

    Now in the United States in the year 2010, 162 police officers were killed in the line of duty 59 of which by gunfire, now while it would be easy to say, see, in 206 years only 87 police officers were killed by gunfirewhile in the United States in one year alone 59 American police officers were killed by gunfire.From there it would be easy to go on the soap box, but why, it is what it is, right.And again why play with numbers, you can go on to say things like there was only one gun related death in Canada in the year 2010 and if you can say that the population of Canada is only 10% that of the United States.It still would mean that the number of police officers in Canada killed by gunfire would amount to ten, a small number compared to 59 or you can say that the United States has

killed when a 7.0 magnitude earthquake struck Port-au-Prince, Haiti.,again they were there along with other Canadian police to help train law enforcement there. Now out of curiosity looked up the number of R.C.M.P. officers killed while on duty since 1865 and it showed a total of 250, now that’s 145 years. Now out of that number just wondered how many died as a result of gunfire, 87, but it came back starting in the year 1804, meaning in 206 years 87 officers died due to gun fire.