Cost Effective Law Enforcement Aerial Patrol

While many of our law enforcement officers will make a major stand in regards to flying helicopters and the versatility of the helicopter, for many law enforcement agencies there are far more cost effective options available to perform many of the same mission roles as a helicopter.

Starting with the helicopter it does offer vertical takeoff and decent as well as hover capability. Hover capability is vital for performing officer insertion or extraction in confined areas where landing is not normally practical. Hover capability is also critical for life rescue work.

We now enter into an area that may turn a few heads. How often and how needed are these capabilities for your particular organization? Larger cities or metropolitan areas may in fact need all of the capabilities of a helicopter and may have the need even for a large helicopter for proper tactical deployment of personnel and or equipment. Now if an analytical approach to bang for the buck is applied to a majority of law enforcement missions, the actual number of times per year that these capabilities were utilized are most likely very low. For many cities not willing or by the private service of EMS helicopter operators, or the services of the Coast Guard, many EMS missions are not even covered by law enforcement agencies.

Large cities and metro departments can even benefit from a slightly mixed fleet of affordable aircraft and more expensive helicopters. With smaller cheaper aircraft to perform normal patrols and surveillance with the more mission – enhanced aircraft providing the special mission services it can offer.

Many law enforcement agencies not only in the United States but also across the world have made some very significant purchases in regards to new helicopters in the past few years. Aircraft such as the Eurocopter B2 and B3’s as well as Bell 206 L4 and 407 helicopters. Agencies have been replacing older aircraft with high component and or high airframe times with newer aircraft with more performance and the ability to safely carry the many mission support tools needed for airborne law enforcement.

Agencies have been able to find ways to procure new aircraft but very often the maintenance and repair area after the initial purchase is overlooked. Right along with this oversight is the increased operational costs and possible increase in insurance costs associated with the new purchase. A typical scenario seen across the industry is when an aircraft enters a major inspection is that the money needed to repair or replace the inspection items is often not available or was not budgeted for in the maintenance operating budget. This can be an administrative short-sight, an agency with a fixed maintenance budget, inaccurate information on DOC’s (Direct Operating Costs) as the area in which you operate may have more atmospheric contaminates to cause corrosion that were not taken into account at the time of purchase. Another possibility can be the hours that were actually flown exceeded the planned hours for the budget, this brings those time life items to an earlier calendar time than previously planned.

Now where to get approval for the unplanned expenses or if planned and the actual costs are higher than estimated? Since the budgets are tight many agencies have had to keep aircraft grounded until such time that funds are allocated, and the aircraft components repaired to get the aircraft back in the air. Consequently, have had some aircraft become the dreaded hanger queen for months while awaiting funding. This not only makes the unit less efficient but also sets the stage for the same scenario for the following year as other aircraft now bear the burden of additional flight hours from the previously mentioned grounded ship now carrying its fair share of the flight hour program.

The unit supervisor may be suddenly faced with some rather humbling data to provide the supervising police staff or civilian officials in regards to budget.

Operationally, there are some options available, be it for a small town or the large law enforcement unit. A quick look at actual mission roles and calls will normally reveal that calls responded to only required an aircraft to have slow circular flight capability and that hover capability was in fact not needed. A check with your pilots will also reveal a safety reason for doing orbits rather than hover. Hovering burns more fuel, the pilot is also in a vulnerable position in regards to performance (high torque, high EGT, or other operational parameters), and it is also a very vulnerable position if the engine or some other component decides to fail at this critical time.

For helicopters to effectively enter into an autorotative state there has to be enough potential energy available to become a successful maneuver. The pilot requires two things to perform this critical skill, altitude and or forward speed. Forward speed and altitude are the sources of our potential energy which induce the rotational forces needed to safely perform autorotation. Since most police work is performed at low altitude the safe pilot will keep the aircraft moving forward in the event that an autorotation should have to be performed.

A gyroplane is in a constant state of autorotation and in the event to make an emergency landing, the pilot simply maintains airspeed to sustain autorotation and perform the landing approach to touchdown.

Options that make a lot of sense from a budget point of view are, helicopters that can be operated for patrol use at a far cheaper rate than our mission specialized aircraft. This does not necessarily mean the aircraft is not capable of many of the same missions. Since the growth of the UAV market, many systems used for these aircraft are the same systems required for law enforcement use. These systems have become quite lightweight and compact in size. Another option is to use another aircraft that is still a rotorcraft but can operate far more efficiently than the helicopter in many of the same mission roles- the gyroplane. I would like to direct your attention to what Ken Wallis has performed in both testing and actual missions roles with his gyroplanes. Pilots may frown on this move but they are your pilots and expected to fly as your pilots. Naturally training will be required but their job is to fly. The same holds true for the mechanics that may raise a fit about working on a small gyroplane. It is the ability to perform the mission that is their responsibility and management’s responsibility to the community to provide effective law enforcement capability but it shouldn’t come at too great of a burden to the taxpayer.

With these thoughts in mind as well as privatized law enforcement roles for gyroplanes Groen Brothers has recently released their newest gyroplane model. The Sparrowhawk III is designed for the use in homeland security roles, private law enforcement / security as well a normal law enforcement roles. The affectivity of light gyroplanes was been validated time and again from Ken Wallis and his use of specialized equipment to perform cadaver searches to port surveys for Saudi Arabia. Not too long ago the German government entered into testing of gyroplanes in a law enforcement role but not much feedback to the rest of the law enforcement community has surfaced from these tests.

If there is any indication of the value of the operational advantages of the gyroplane as simple look at the Sikorsky demonstrator and test vehicle X-2, a coaxial hybrid with a large pusher propeller located at the tail. For pilots and mechanic that simply are not informed of the aircraft type resistance to change can be accepted. Once they understand that the probable future of law enforcement aviation is most likely going to be an aircraft of similar design as the X-2, then the benefits of gyroplane technology will come to be appreciated.

Sticker shock of continuing maintenance costs after the initial purchase of a helicopter has left many agencies and local governments shaking their heads at the high costs they most likely never thought they would encounter. There are economical options; helicopters operations in most agencies began with small simple reciprocating powered helicopters. The purchase of former military helicopters showed the potential of turbine powered law enforcement helicopters but the added budgetary costs of newer aircraft and the tightening of local government purse strings has even lead to the loss of some law enforcement airborne units all-together. I am sure that any of those pilots would rather be flying and performing their law enforcement role than to be grounded or without a job. The modern gyroplane is no tinker toy and for any that approach the aircraft with as much of an attitude they will quickly get themselves into trouble. Like any other aircraft it does have operational parameters for safe flight and only flies like a gyroplane, not like an airplane and not like a helicopter, it is its’ own unique form of aerial transportation.

The gyroplane also provides as good of an observation platform as any helicopter and much of the associated vibrations found with helicopters is not as pronounced in gyroplanes putting less vibration on fragile equipment such as radios and navigation equipment. This means lighter equipment can replace bulkier equipment.

In regards to the dreaded airworthiness directives that can quickly down a fleet of helicopters the combined use of gyroplanes can still keep a unit effective and performing law enforcement aerial duties at a fraction of the cost. Inclusive to gyroplane maintenance costs is they typically have far fewer time life components to replace, inspect or overhaul further reducing the operational dollars needed to support the unit’s mission. Fuel being of concern of late can also be brought under a manageable budget with many aircraft using premium auto fuel in place of expensive Avgas or jet fuel.

So before a unit decides it can no longer provide the needed support to ground officers or provide valuable service to the community by closing the hanger doors. The unit may want to explore the possibilities of using a platform that quite simply provides more bang for the buck than the helicopter to perform many of the same missions.

The Rule of Law

One of the most fundamental requirements of a civil society is the rule of law which means that the people must follow the law of the land irrespective of his or her status or position in the society. In the modern world, the developed countries feel proud that their society is governed by the rule of law while most developing countries like India feel ashamed that their society does not have the rule of law. The developed countries are the role model for the underdeveloped countries, where the rule of law is still a distant dream.

Societies that follow rule of law are often considered more civilized as there is much more order in the society. Every thing in such societies appears to be in order. The roads are clean, lawns and parks are well-maintained, government officials work in office, trains and public transports run on time. Further, there is virtually no corruption in public offices. People are well paid, deliver better efficiencies and keep everything neat and clean. These societies appear perfect to the people of other parts of the world, who often wonder why they can’t be like them.

All societies need laws for their existence. Even though the laws may be different in each society, yet there are some basic principles that are common to all laws of the world. These fundamental principles are equality, fraternity, justice and liberty. The Indian constitution, for example, incorporates these goals in the preamble to the constitution which seeks to secure for all its citizens justice, liberty, equality and to promote among them the spirit of fraternity.

These principles are so universal in nature that they find place in every civilized society of the world. It is matter of great surprise that in reality the outcome of the rule of law is just the opposite. The more civilized a society is, the more is the inequality among its population – more injustice to the have-nots, less liberty due to strict enforcement of law and more hatred among the citizens based on race, caste and religion. What goes wrong in the implementation in the so-called rule of law?

Law of Nature

Indian thinkers in the Vedic period, i.e. around 3000 years before the birth of Christ, discovered that the universe does not perform its functions at random but follows certain laws. These were called “Rita” or the universal laws or principles that guided the universe. The progress of man can be largely attributed in understanding these basic principles of nature and exploiting them for the benefit of the human race at the cost of the rest of the creations. The laws of man, therefore, run contrary to the laws of nature as they are human-centric and not designed for all the creations of God or Nature.

One of the basic differences between man-made-laws and the laws of Nature is that the laws of nature are spontaneous as they require no effort in implementation. For example, in a natural piece of earth like a forest, the earth produces trees, plants, fruits and vegetables spontaneously without any need of watering or breeding. The nature itself provides timely rain and fertilizer to the new plants. The forests and the mountains are covered with greenery and beauty, which is purely natural since it comes without any effort.

On the contrary, the man-made creations like parks, trees, plants are artificially made. They too may look as beautiful as the natural ones, yet they cannot survive without regular effort on the part of man. Imagine a park, which is not maintained for a few months, or a house not cleaned for months. It will lose all its beauty and soon be filled with dust and weeds. No building or modern gadget can survive without external effort from man. However, all natural creations are able to survive on their own and maintain their existence; and enjoy their life without any external support.

The laws of nature are just as they treat every specie (and not only man) with equality. In a jungle, every specie gets its due share of food, air and water which enable them to live a dignified life without being dependent on any other creation. Nature makes no distinction between one specie, and the other as all species are the children of the same God.

However, in the man’s world, every other creature is killed if it is not useful for man. They can survive only if they can be useful for man. Thus man’s world does not treat any other creature of the nature with respect and does not provide them any right of equality, liberty, justice or fraternity. He cleverly usurps this universal law and makes it applicable only for human beings. For all other lesser species, he has created a man-made-law, calling it ‘the law of jungle’ or ‘the survival of the fittest’ which justifies his domination over the weak creations. The fact, on the contrary, is that the laws of jungle are far more just and equal for all species than the man-made-law.

Most men are not concerned about the way they treat the lesser animals as they feel that ‘the survival of the fittest’ theory is more logical than the laws of nature. However, they forget that every principle created in the universe has to be applied on them also and that they may not always be a beneficiary. Man-made-laws do not stop with animals but they soon spread their wings to encompass human beings, too. This is where conflicts between man and man starts that gives rise to hatred and wars. Man feels the pinch when the law of jungle is applied against them and the law of nature is denied to him. He is hurt when he is treated like weeds by the society.

Weeds: The Undesirable Plants of Nature?

One of the most interesting creations of the natural world is weed. Weeds are undesirable vegetation in the kingdom of plants. Weeds are defined as any plant that is not valued by the human society and usually tends to overgrow or compete with valued flora. Weeds are the plants which are considered by human beings as unattractive, undesirable, or troublesome.

In the natural world, man has to continuously fight against weeds to make their artificial plants survive. Weeds grow automatically and if the artificial gardens do not have the support of man, it is soon overpowered by weeds and the whole field or garden becomes full of weeds. Weeds are created by Nature (God) as no human effort is required to grow them. They are, however, so powerful that man has to continuously guard his creation from these weeds, lest all creation of the civilized society is destroyed. Weeds are as undesirable to man in the world of plants as criminals in the human society.

Criminals: The Necessary Evil for the Civil Society

Similar to weeds in the natural world, there is a growth of criminals in civilized societies. Who these criminals are? Why do they grow? Whether the criminals are healthy people or are they mentally ill as often thought by the civilized world?

Criminals are defined as the people who commit crime. Crime is defined as an act that is a violation of the criminal law that is punishable by law. Crime is usually considered an evil act and criminals are often seen as evil created by Devil, out there to destroy the civilized citizens, the children of God.

There are many similarities between criminals and weeds. Criminals grow automatically in every society and the society has to work hard to weed out these criminals. Criminals like weeds are so powerful and competitive that they have the power to defeat the civilized people. They are, therefore, fought jointly by the society. Yet in every society, there is crime and there are criminals. We are used to look criminals as evil that is unnecessary just like weeds. Yet if God (Nature) is the creator of all, then everything in this world must have been created with a purpose. “What could be the purpose of creation of criminals?” We wonder.

Criminals are, as a matter of fact, creation of the civilized world. In an uncivilized world, there would be no law, so there can be no violation of law and hence, no criminal. If we wish to understand the utility of criminals in the civilized world, we must imagine the world of nature without weeds. In such a world, all plants will have to be grown by man with artificial watering – canals, tube-wells, and other irrigation systems used for agriculture. In all certainty, man will grow only such crops and plants that are useful to man and the rest of the species would surely not survive in the man’s world. Further, man’s energy is limited and with all his effort, he can hardly take care of a minuscule part of the world by artificial plantation, so the rest of the physical world would be without plants and so without oxygen and other animal life and Eco-system. This will soon lead to the end of the world including the human being.

The role of criminals is similar to the role of the weeds. Imagine a world without crime i.e. everyone follows the law of the land without questioning. It will only provide status quo in the world. Kings will always be kings and only their children or loved ones can become kings. Poor will always be poor. Kings will frame more inhuman laws that would give them more powers. The less fortunate people would die out of hunger and poverty as they won’t break the law and the state will have no obligation to feed them. Thus the world without criminals would be a place where people will die due to inaction, boredom and cruelty. Such an ideal world, indeed, would be the most inhuman and most undesirable to mankind.

Thankfully, people called criminals automatically grow in every civil society as soon as man creates laws to govern it. The laws of man are always challenged by them since they are mostly against the laws of nature i.e. equality, justice, liberty and fraternity. States always have to face opposition from such people who break the law and are known as criminals. They may have an ugly appearance as weeds but they only provide oxygen to the society for its life. Thus in posterity, people recognize them not as criminals but as heroes.

The Path of Heroism

While man hates criminals, he worships the heroes. He can lay his most valuable possession i.e. his life on a single call from his hero. Who are these heroes? Are they law-abiding civilized people or the law-defying criminals? Take the example of Mahatma Gandhi in the modern world. He was perhaps the biggest criminal in the time of the British rule in India and he was jailed many times on charges of being waging war against the state. He spent more than 15 years in jail for his various crimes. Yet the people of India call him ‘Father of the Nation’ and love him more than any civilized person on the earth. Nelson Mandela spent 27 years in jail, yet he is a national hero not only for South Africa but for the entire world.

In history, we can find numerous examples of great people who have broken the law and having been punished for their criminal acts. The list includes people like Christ, Prophet Mohammad, Socrates and Galileo. Yet it is these people who changed the history of the world and they are rightly worshiped as heroes by the masses even after their death.

How many people you have ever known who have become heroes without breaking the law and committing crimes in their time? Perhaps none. Heroes are created not by following the law but by breaking the law.

Rule of Divine Law

It is not always good to follow the law blindly as it provides order and rule of law in the society but kills the humanity as the implementation of most of the man-made laws are against the natural laws. Man-made laws are often disguised under the cover of natural laws like equality, justice, liberty and fraternity yet they serve just the opposite purpose. Most people see the letter of the law but fail to grasp its spirit. One must understand that breaking man-made laws is one of the fundamental requirements of all civil societies, if it contradicts the natural or divine laws. Thus every person who breaks the law need not be a criminal. One must go deeper into the facts before declaring a law-breaker to be a criminal. The key distinction perhaps would be to see if he is breaking the law for the interest of the humanity or for his own selfish end. Is it need-based or greed-based? There lies the distinction between good and evil, between a true criminal and a hero. One who is breaking a law for others or to fight injustice is a hero and not a criminal. A poet said “Jo lade din ke khet, Sura toi” (One who fights for the weak is the real hero).

The Value of Law in Our Lives and Society

It is known by all that law is an essential part of a society. It helps to make a society trouble free and peaceful. Law is made by humans in order to change the society with the introduction of equality, justice, and fairness.

Man has made laws, so being a maker we must follow laws too. Government and courts have set these laws and they are applicable for every citizen of a country. Victims are protected by law, whereas criminals are punished by it. You must obey law to avoid its consequences.

Law is very important for a society, for not only maintaining peace but also to control systematic lives of the people. Law protects a society from anarchy, chaos and disorder. Criminal actions like trespassing, rape, steal, damage, bully, murder and terrorism are controlled by the Law. This saves the society from every criminal act.

Disasters can be caused if people live in a society and start doing things according to their wills and principles. The Law helps to prevent people from doing actions what they want. A mentality of taking revenge will be created among the masses which may turn into unlawful acts. A society will be full of illegal actions, crimes and murders, if there is no law. Rules help a society to consider even a small problem to avoid its bigger consequences in the future.

A simple waste disposal may kill many people, if not prevented now. Cleanliness will not be maintained by people, if there is no such rule. People will find their own ways of living and survival, if they are not bound by laws. A war zone can be created in the world. Laws not only maintain peace in the society but also help to run the human race without any disturbance and in proper order.

A good relationship with each other in a society is regulated by a system of laws. Conflicts are also settled down by the means of law. The respect for human rights is ensured by this procedure of rules and laws. A society can function efficiently and properly only because of the presence of laws. Crimes are being stopped to become an everyday happening with the help of laws, so that children do not grow up finding the crimes to be normal. Future generations of the human race are safe and protected because of strict orders and laws.

So, laws are not only important in the society, but also in human lives.

8 Different Ways Different States Treat Divorce

You’re thinking about divorce – maybe you need to give some thought to where you live. Divorce laws differ widely from state to state. Here are 8 examples that will show you just how different divorce laws can be.

  1. Want To Get Out Of Paying Alimony? Well, if your spouse has been unfaithful, you want to be living in Georgia. Georgia law allows adultery as a bar to paying alimony. Make your case and alimony will not be awarded.
  2. Want To Get Even? Let’s get back to that unfaithful scenario. In 7 states you can still sue a homewrecker for “alienation of affection” if another person has stolen your spouse from you. New Mexico, Illinois, Hawaii, North Carolina, Mississippi, Utah and South Dakota are where you want to be if you want to sue. In some of those states, the name is “criminal conversation”.
  3. Want A Fast Divorce? You may think that Nevada is the state for a quickie divorce. Think again. In New Hampshire you can be divorced in a single day. You both just cross the border and stay in New Hampshire – that’s taking up residence. There’s no minimum processing time or minimum residency requirement. You can “move” to New Hampshire on Wednesday and file on Thursday and be divorced.
  4. Not So Fast? Then try Vermont. In Vermont, you have to have been residents for at least a year. You must undergo a six-month separation, living apart during that time. Meet those requirements and the judge will grant the divorce. But, wait! It’s not final for another three-months!
  5. Find Fault In Idaho. If your spouse is a boozer and you’ve had enough. You can file for a fault divorce on the grounds of habitual intemperance.
  6. Murder She Wrote – Or He Wrote. If you want grounds for a fault divorce in Tennessee, you just have to show that your spouse has tried to murder you “by poison or any other means showing malice.” Yikes!
  7. She Has A Headache Or He’s Not In The Mood. And, that can be ground for a fault divorce in North Dakota where “persistent refusal to have reasonable matrimonial intercourse” lets you file for a fault divorce.
  8. Still Seeing Each Other? In Delaware, a divorcing couple can continue to live together, but they must be in separate bedrooms. However, sex is allowed if it I an effort “to achieve reconciliation”.

You can see how different divorce laws can be – and that’s one reason why you want an experienced divorce lawyer on your side. You want an expert divorce attorney who understand the laws in your state and can help you make the right decisions within those boundaries.

Law Enforcement Training

Law enforcement serves and protects citizens and maintains the peace and order in a given area. Within law enforcement, there are many other sub-branches. Substantial training is required in order to become an effective law enforcement official. Each branch of law enforcement requires even more specific training.

Being an effective police officer requires not only physical and psychological wellness, but more importantly, discipline. Training in the police force can become quite harsh. The training includes shooting practice, simulations of real-life situations that require law enforcement intervention, and crime scene investigation education.

Whether you end up as a detective or a uniformed police officer, it is important that you know how to search for evidence or scenarios that are unusual or out of place. Being able to notice the right small detail could potentially solve the case you are handling. Training also teaches would-be policemen and policewomen these tactics.

If you are interested in becoming a part of the Special Weapons and Tactics (SWAT) division, you should expect to undergo even more demanding training. You will not only need more physical training, but you will need to be familiarized with the weapons and strategies involved in a scenario that requires your services.

SWAT police usually have to work under intense pressure. As a result, they are trained both physically and psychologically to respond quickly and intelligently to life-threatening scenarios. SWAT also makes its officers undergo intense teamwork training. SWAT officers need to be able to work as one unit for their plans of attack to be effective.

Law Enforcement Degree – Why Going Online is Becoming SO Popular

Are you considering a law enforcement degree? Are you interested in becoming:

o Police officer
o Detective
o FBI Agent
o DEA Agent
o U.S. Marshal
o Department of Homeland security officer
o U.S. Secret Service agent

If any of these law enforcement careers seem interesting and sound like something you would like to pursue, consider a law enforcement degree as this will lead you one step closer to your perfect career.

Law Enforcement Degree Programs – What are they like?

As our world becomes more complex and technically advance, so is the demand on more highly trained individuals. As in any other career, law enforcement careers today require more and more education training from prospective applicants.

Most positions within this field require an associate’s degree, bachelor’s or even master’s degree, usually in criminal justice. Not only will a higher level of education, such as a bachelor, masters or doctorate degree, lead to greater salary but also to more job opportunities and career advancement choices.

Law enforcement degree programs will train you for a wide spectrum of skills, allowing for a wide range of career options. You will learn about the court and judicial system, police procedures and policies, prison systems, rehabilitation and control of prisoners.

Law Enforcement Courses/Curriculum

Aside from the study of law and the legal system, courses focus on accounting, business finance, computer science as well as physical education to promote fitness and performance on the job. Foreign language fluency is important for federal employment.

In a law enforcement training program you will be exposed to courses in criminal justice, police administration, police management, police organization, criminal law, criminal procedures, crime scene investigation, interviewing and interrogation, criminal counseling, juvenile delinquency, pubic safety – to name a few.

As you can see from the long list of courses offered, law enforcement is becoming a popular and fast growing field. As a result, colleges and universities offering training in this area are able to provide many courses to choose from. By exploring all your options within this degree program, you can pinpoint your strengths, areas of interest and design your ideal future career. You can do so much with a law enforcement degree – make sure you find out what works best for YOU.

Online Law Enforcement Degree Programs

Online education is on the raise so it’s not surprising that most online colleges and universities also offer law enforcement training. Online degree programs give you the freedom from attending regularly scheduled classes and allow you to go to school while working full time and managing a family. They are becoming very popular as they are a way to advance your career while keeping your current job. Many employers will pay their employees to go back to school, online.

There are so many online schools offering law enforcement online degree programs, how are you to choose one? The best approach is to select a few, request information and research, read about their programs and courses offered as well as class/degree requirements. Some schools offer complete online degree programs, others require some in class time. Find out all the details before signing on to a program, be it an online associate, bachelor or online master degree law enforcement program. When researching schools, in addition to program details, try to find out faculty qualifications as well as the percentage of students that graduate and find jobs upon graduation.

Law Enforcement Careers

The primary goal of all law enforcement professionals is to protect individuals within their jurisdiction. With this career you could work as a state or federal agent, police officers, inspector, sheriff or detective. There are many opportunities for specialization within this field and the list of job titles is extensive.

Police officers are usually employed at a local level and perform task such as traffic control, regular patrols, investigation of theft and assault as well as community policing.

Detectives and Investigators specialize in one area of crime and are assigned cases within that area. Their primary role is to collect evidence, conduct interviews, and examine records all leading to crime solution, arrest and prosecution.

Federal agents are employed by the Federal Bureau of Investigation (FBI) and perform investigations of all types of crimes. The list of task and job opportunities is extensive. Spend some time reading and researching all the opportunities and educational requirements before choosing an area to specialize in within the law enforcement filed.

5 Things Divorcing Parents Should Know

When you had your child or children your life changed from being focused on yourself to suddenly having to consider how all your life choices would impact the kids. That is the way it should be. What is in the child’s best interest should always be a parent’s top priority especially when considering divorce. The first thing you should know is our adversarial legal system is not child focused or family friendly. The emotional and financial price you pay when you each hire separate divorce lawyers is higher than you can now imagine.

Before I became a divorce attorney I was a special education teacher. My Masters is in Special Education, focusing on teaching severely emotionally disturbed children, so I came to the law with a powerful bias to act only in the best interest of the children. The 2nd important fact to know is how comfortable so many divorce lawyers are in spending their client’s college fund instead of quickly and economically helping the couple to negotiate a fair deal. After 8 years of litigation and witnessing the total financial and emotional devastation of too many families I vowed to no longer take adversarial divorces and to do only divorce mediation. In the following 3 years, after working with over 150 couples with 100% success rate, I am convinced that divorce mediation should be the solution of first resort for 85% of the couples who are contemplating divorce. So the 3rd thing you need to know is there is an alternative to divorce court, mediation.

It is easier to deal with a situation when basic information is already known. In the 8 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) property division is pretty clear. What ever was totally owned prior to marriage or received by gift or inheritance is separate property that goes to the spouse who owns it. If it was partially paid for using wages or income earned during the marriage, the “community” gains an interest in it that can be calculated. Division of property in community property states is one of the easiest issues to deal with because it is so clear cut. But what about the other 42 states? These states use an equitable distribution system to divide marital property. Each state has its own rules that can be ascertained prior to starting the divorce process. So there is some uncertainty in non community property states but an experienced lawyer/mediator generally knows what the court will do in most situations and can be a valuable guide to couples who are unfamiliar with the laws. The 4th thing to keep in mind is that there is no point in fighting over property division. You can protect your co-parenting relationship and end up with more property if you divide everything the way a neutral 3rd party (mediator) suggests.

In litigated divorce cases, child custody and visitation issues can be the most contentious and emotional. If the parents can agree to a custody arrangement, which they eventually do in 90% of custody cases, they can avoid court altogether. Why should a couple wait until they are on the courthouse steps to make a deal? Only 10% of custody cases are litigated. A couple could always seek the services of a child therapist to advise them instead of going to court. The courts typically apply a “best interest of the child” standard in determining who should get primary custody. Wouldn’t the parents themselves be in the best position to decide how their children should be raised? When a couple works together in mediation they are in control of the final outcome, not lawyers or judges. When the couple has an intention to effectively co-parent by always keeping the best interest of the child foremost in their mind, they will produce a much more satisfying outcome than if a solution is imposed upon them from above. Child custody issues are the most inappropriate issues to be decided within an adversarial system. The win/lose game that is played in court always results in tension between the parents. Not only will this tension negatively affect the health and happiness of the parents but the children will be caught in the middle of a battle, ducking verbal and emotional bullets as they fly over their heads. The adversarial system does not protect the co-parenting relationship of parents and should be avoided if at all possible. An emotionally vulnerable client in the hands of a “zealous advocate” who is more concerned with enriching themselves than in helping their client is a dangerous combination. The last thing to keep in mind is that avoiding divorce attorneys and court should be the #1 priority if you want to protect your health, spirit, co-parenting relationship and pocketbook.

What Interfaith Law Enforcement Chaplains Have In Common With Law Enforcement Officers

Learning to understand the Law Enforcement culture and the unique pressures that officers experience day-to-day is an important part of being an Interfaith Law Enforcement Chaplain. At first it may seem that the culture of Law Enforcement and that of Faith Communities have very little in common. However, members of the clergy may have more in common with Law Enforcement Officers than what is immediately obvious. These similarities provide the foundation upon which to build a relationship of understanding and trust.

“On” All The Time

Members of the clergy understand something of what it means to be on duty all the time. They could be out shopping in the produce section of a supermarket and find themselves unexpectedly drawn into a conversation with someone from their community about an important life issue. Members of the clergy can’t disengage with “I’m not on duty right now,” for doing so would likely go against their nature and possibly cause irreparable damage to their relationships in the community. Law enforcement officers have a similar “on” all the time experience of life and can’t easily step out of the problem solving role that members of the public may project on them. Family, friends and neighbors may also have difficulties in seeing an officer outside of his or her role. Being “on” all the time is a source of stress because it does not allow for the individual, outside of a professional role, to be experienced. When a chaplain understands this, it can help the chaplain be present for an officer without contributing to the demands already being placed on the officer. Being “On” all the time as a Law Enforcement Officer has an additional stress, that of sustained alertness for potential danger. Not being aware of this can cause a Chaplain to misinterpret the normal hyper alert behavior of an officer as being distant or unapproachable.

Tips

  • Don’t assume too casual or overly friendly demeanor when communicating with Law Enforcement Officers. Let officers set the tone and thereby let you know what is appropriate for your interactions.
  • Do be courteous, kind and professional.

Set Apart

Some clergy wear vestments that set them apart from the public and even those who do not wear any particular identifying clothing or symbol of their office can experience being set apart from society. This can be in the form of expectations that the public have of clergy: to have faultless personal lives and spotless behavior all the time, and to never deviate from an inhumane standard of perfection. Similarly, Law Enforcement Officers are seemingly under sustained scrutiny. Their badges, uniforms and weapons, make them stand out from a crowd that expects perfect politeness and faultless behavior. Sometimes the individual behind the uniform is lost in all the expectation. The pressure to show up perfectly can have the effect of dehumanizing a person and cause an ever-deepening rift between their on duty personality and who they really are. When a chaplain understands this about an officer, it can help the chaplain to be present for the person behind the uniform with patience, letting the officer lead with instructions, conversation and requests-and above all to have a strong capacity to listen to the officer with as little judgment as possible.

Tips

  • Avoid expressing personal opinions about matters of social conduct.
  • Do listen, frequently and carefully

Professional, Not Personal

Regardless of an officer’s opinion about local laws, private faith, political parties, or personal preferences regarding social trends, he or she has to apply the law with sustained professionalism toward everyone. Officers interact with people from every walk of life and way of thinking and believing and have to be able to function with fairness and equanimity in this diverse environment. An Interfaith Law Enforcement Chaplain will no doubt have strong personal faith conviction and a deep spiritual practice. Regardless of the chaplain’s private faith, he or she will be serving officers and members of the public from every-and no-faith tradition; at no time is it appropriate to proselytize. An Interfaith Law Enforcement Chaplain has to apply compassion and service with sustained professionalism toward everyone.

Tips

  • Don’t bring anything to the conversation that was not requested. Testimonies of faith, no matter what the tradition, must not be brought into the conversation with officers unless specifically requested.
  • Do be respectful of what officers want to talk about and follow their lead. Include in this the ability to respect an officer’s wish to talk about anything.

How To Become A Real Crime Scene Technician

The popularity of those true-crime and crime scene technician programs on television have not only attracted a large audience of loyal fans, but have also inspired thousands of students to enter criminal law, forensic sciences, and law enforcement schools, all in hopes of joining the ranks of forensic lab and field technicians across the country. Because the field is so varied, the training can literally come from a host of different sources, and will continue on past gaining the necessary degrees or certifications, so that they can readily keep up with the ever-changing technology.

The skills you will learn in school to become a crime scene investigator are so needed these days that any certification or degree will easily lead to a career that is much in demand. Law enforcement, legal practices and even the federal government have openings for dedicated forensics professionals from all walks of life, and education.

Where to Begin Your Crime Scene Technician Training

There are so many different ways to begin your training in forensic science. Enrolling in any technical school that offers classes in criminal justice is one way to begin. Attending an accredited college or university program is another. And, these days, you can even begin your job training online, at your own pace, allowing you to take care of your beginning classes, and formal training over whatever period of time you require.

Beginning with criminal justice training is the smartest way, as you will be learning everything that you will need to be part of law enforcement, the largest employers of technician anywhere. This type of background is essential to your formal training to work in the field gathering evidence, securing crime scenes and interviewing potential witnesses as part of your daily job description.

Career Education Requirements

Before you can get into the science of forensic technology itself, you should have a good knowledge of the physical sciences, chemistry, biology, math and anatomy physiology. Along with this course of study, outside of the technology itself, the best school to enter after the general courses are behind you, is the school of criminal justice.

Because most crime scene investigator and technician positions are actually filled within law enforcement, it is essential that any student planning on having this kind of specialized career study the first couple of years as if they were becoming a police officer in the field. In some jurisdictions, the CSI functions as operating police officers in emergency situations, so all of this training will come in handy, even if the television shows may tell you otherwise.

Criminal Justice Training

You can either attend an actual criminal justice school, or complete the necessary criminal justice courses online while you complete the technical and science requirements at a university. However you wish to do so the bulk of your criminal justice training should include as many of the following courses as you can complete for the full spectrum of training available:

Criminal Law
Crime Scene Evidence
Criminal Investigation
Crime Scene Photography
Evidence Collection
Evidence Analysis and Interpretation

The next set of courses only requires that you show a proficiency in, so that you can work with law enforcement agencies, while pursuing your main career:

Shooting
Defensive Tactics
First Aid
Fingerprinting, including applications, techniques and interpretation
Bloodstain Analysis
Forensic Photography
Footwear Identification Proficiency

Employment Outlook and Opportunities

There are a large number of crimes that occur unfortunately on a regular basis that will require the specialized expertise of a crime scene technician. Assaults, burglaries, rapes, kidnappings, suicides, vehicular crimes, and murder will all allow you to utilize every skill you have learned so that you can be an important part of the investigation team.

Job opportunities for professional technicians can be found in law enforcement, fire departments, pathology labs, hospitals, medical examiners offices, and even insurance and detective agencies. This means that the current outlook is very good, and the number of openings is expected to grow over the next few years, as the field expands.

The Basic Details About Law Enforcement Careers

The law enforcement is a wide field of career options, the Bureau of Statistics of the United States estimates that the field will keep on growing steadily until the year of 2018, and it will increase by 10% for law enforcement professionals. The usual career that requires 4-year degree course in the law enforcement is the Police Department as well as the Security Enforcement Agencies.

Investigators and detectives – they are acting for the review evidences, interview the witnesses and follow the leads for solving the crimes committed within their jurisdiction. In spite of the glamorous reputation, being a detective is not that easy. Hours of work are long, the nature of job is dangerous and the salary is usually low. Detective ranking is achieved through climbing the steps like the police forces.

Parole officers – they are the type of law enforcers who are working with the parolees report as they are being conditionally released from the prison. They have the backgrounds in administration or law enforcement and they should be knowledgeable with the basic-moderate of their computer skills. They have to be ready to testify against or favor to their parolees in the court proceeding if needed.

FBI and CIA – they are 2 of the best enforcement arms of the United States Government. Career seekers that obtain the security clearance can find stable employment within the government, and they can be at the secret service or even military police.

Prosecutor and Defense Attorneys – they can enter the field after they have completed the 3-year graduate level of the law schooling programs. As the degree of law enforcement is not being required for the law schools admission, they can still provide a competitive edge that are needed for earning an acceptance to any law school.

These potential experts must pass the background investigation that includes inquiries to their working history, financial history and criminal history. For those individuals who want to pursue their law enforcement degree must be prepared for the participation of several interviews with their choice of agency. They need to practice for answering the interview questions that are difficult.

This is a rewarding field that has many advantages for the ones who are choosing it as their career. Landscape of this career is augmenting everyday as the advancement of good opportunities are many.

Divorce Attorneys – Important Questions to Ask at Your First Meeting

When preparing to meet with a Family Law Attorney in Reno, it helps to be prepared. Just like at a doctor’s appointment, it is sometimes difficult to remember all the things that you need to convey to the doctor or what advice they have given you. By taking a few moments in advance to prepare yourself for the appointment, you are likely to have a more meaningful meeting with your Divorce Attorney.

For starters, list out any questions or concerns you would like to discuss with your Divorce Lawyer. Bring this list to the appointment to insure that you cover all your questions or concerns. In most cases, you are paying for this time and will want to make the most of that time and avoid having to call your Divorce Attorney with a question later. There is no such thing as a bad question for your Divorce Lawyer, so don’t be afraid to ask. The more you know about Nevada Family Law and your case, the better you will understand what is happening during your Divorce or Child Custody Case.

Bring any documents, evidence or other information that is relevant to your case to the appointment. This is particularly important if you have been served with documents or your case has been ongoing prior to hiring the attorney. This will allow your Divorce Attorney to review the ongoing case and access what is happening and if any deadlines are looming.

Be honest during your appointment. An attorney needs all the facts to evaluate your case and help you prepare for the legal process. Surprises in court or during the case can be devastating so knowing about them and being prepared to address them avoids the “surprise” in Court and before the Judge.

You should keep notes during the appointment. This will allow you to review them later in the event you cannot recall what was discussed. The notes should be put in a safe place to avoid being viewed by an opposing party or other individuals.

Many clients want to bring family or friends to their appointments with them. I discourage doing this as it wipes away the attorney-client privilege if a third party is in the meeting. To fully protect your attorney-client privilege, it is best to have your family/friends wait in the waiting room during your meeting.

During the appointment, if you don’t understand a term used or something that is told to you, it is OK to ask! I want my clients to fully understand their case, the legal process and how my office functions. You will take away some of the emotion and stress that comes from litigation by simply making sure you understand. So if you don’t understand, please ask.

If you are setting a consult or an appointment with my office, I look forward to meeting you. I hope you take the time to read this entry and come as prepared as possible to our meeting so that I can provide the best service to you.

Prenuptial Agreements – The Before Marriage Divorce Contract

A prenuptial agreement, also called a “pre-nup”, or “premarital agreement”, is an agreement made by couples planning to get married. The pre-nup governs how issues such as dividing marital assets, and alimony will be dealt with if the marriage should end in a divorce.

Without a prenuptial or post-nuptial agreement, a divorced couple’s property will be divided and any maintenance awarded in accordance with Nevada statutes and case law. Any couple looking to save themselves from the circus called, divorce court, should seriously consider a pre-nup. Such an agreement is especially important if one or both parties are on their second or subsequent marriage, if they have children from a previous marriage, or have significant personal assets which they do not want to be subject to the whims of a family court judge.

Are Prenuptial Agreements Enforceable in Divorce Court?

Yes, unless there are defects in their negotiation or content. Originally, most states would not enforce prenuptial agreements because they felt such agreements were “in derogation of marriage”, meaning the agreements work against the principle of married for life. However, in the early seventies, following other states, Nevada held prenuptial agreements to be generally enforceable in, Buettner v. Buettner, 1973. So your agreement will be enforceable if it is properly done.

Why Draft a Prenup?

The most important reason to draft a pre-nup is to save you time and money, if your marriage ends in divorce. By agreeing to terms now, when you love each other, the divorce tends to run simpler, when the bliss has worn off. With a prenuptial agreement you know how things are going to be divided. Giving you peace of mind and costing you drastically less money in divorce attorney fees.

Pre-nups are not romantic. Approaching the conversation is a buzz kill. Most couples find it difficult to discuss the ending of a marriage. You’re in love, and going to be married forever. Why would you need a divorce agreement? Because like life, divorce happens. You have less of a chance of finding your home on fire, and yet you buy home insurance. Signing a pre-nup is not dooming your marriage. Many couples feel siging a pre-nup solidifies each other’s marriage commitments.

What’s in a Prenuptial Agreement?

In 1989, Nevada adopted the Uniform Premarital Agreements Act (UPAA), which can be found in the Nevada Revised Statutes at Title 123A. Under the UPAA, parties to a prenuptial agreement are allowed to agree with regard to:

1. Rights of property which the parties already have or might acquire during the marriage;
2. Any rights to buy, sell, lease or mortgage such property;
3. The disposition of property upon separation, divorce, or death of one of the parties;
4. Alimony; and
5. Any other rights and obligations of the parties which are allowed to be governed by private contract, i.e. are not governed by statute.

Separate property is the main focus of most prenuptial agreements. If you are coming into a marriage with real estate, retirement accounts, or cash, you might want to keep these assets separate from your community property. Community property is divided equally if a divorce happens. Separate property is not divided. A pre-nup often includes a waiver by both parties of any rights in property the other spouse acquired before the marriage. This is important if you who wish to preserve the assets they bring into a marriage.

Couples can also agree that property acquired by one partner after the marriage, which would ordinarily become community property, will remain the separate property of that spouse. For example, you might be halfway to earning a huge bonus, stock options, or maybe a future book deal. By agreeing these assets are to remain separate property you limit this argument in court.

A pre-nup may include language about limiting alimony (aka spousal support) in the case of a divorce. We are even seeing an increase in “fidelity clauses” being linked to spousal support. If a spouse has an affair the spousal support can be limited or increased, depending on your wishes. However, if the elimination or modification of alimony for a spouse results in that spouse needing public assistance, a court may disregard this portion of the agreement.

Two subjects of major concern to many couples contemplating marriage cannot be governed by prenuptial agreements: child custody and child support. By Nevada law, a court must decide these matters based on the standard of the best interests of the child and specific factors at the time of the decision. A premarital agreement signed before children are born would be unable to discuss the future factors. So, any private agreement between the parties on these subjects will not be binding.

When are Pre-Nups Not Enforced?

Prenuptial agreements are contracts between spouses. Like all contracts, in order to be binding, an agreement must be entered into by both parties knowingly and without any coercion, duress or fraud. Because of the closeness of the relationship between engaged persons, courts scrutinize prenuptial agreements especially closely.

First, the agreement must be entered into voluntarily. This means the agreement is not valid if one of the parties executed it under “duress,” a legal term meaning “pressure.” Agreements are often executed under some type of pressure; therefore, not every type of pressure will constitute duress.

While threats of physical violence or blackmail would clearly constitute duress, time between signing the agreement and the wedding date is the biggest culprit. Courts will void a pre-nup because the bride felt pressure to sign a pre-nup three days before the wedding. The typical cause being the emotional stress of having to cancel the wedding, and explain to hundreds of guests why the wedding was canceled. It’s not a gun to the head, but just as scary for some.

The threat of calling off the wedding is not always enough to be duress. Most courts reason that a party has a legal right to call off a wedding at any time. The courts look for other factors such as the unavailability of legal counsel for one spouse, or a one-sided agreement. For more examples of what constitutes duress, see “Voluntary Consent in Prenuptial Agreements”.

It is advisable for couples to allow plenty of time to negotiate and draft an agreement. To avoid the issue of duress being raised in the event of a divorce, couples should again allow several weeks, and even a month or so before the wedding date, for the process of negotiating and executing the agreement. Each side should also consult their own attorney.

Second, the agreement must be entered into “knowingly.” The UPAA requires that both parties be provided a “fair and reasonable disclosure” of the property and financial obligations of the other party. This means that income, real property, bank accounts, investments and all debts must be disclosed. This requirement underscores the advisability of allowing adequate time for consideration of the agreement.

The Nevada Supreme Court has held that where the husband failed to make the disclosures necessary to permit the wife to make an informed decision with respect to the premarital agreement, the agreement is invalid, Fick v. Fick, 1993. The court held that an incomplete list of the husband’s assets, given to the wife shortly before the wedding, and on the basis of which the wife signed the prenuptial agreement, did not constitute full disclosure.

Third, the agreement must be entered into without the presence of fraud. Fraud occurs when a party deliberately or negligently misleads the other party. Obviously, deliberately misstating or concealing one’s financial information would constitute fraud. However, as stated above prenuptial agreements are held to a higher degree of scrutiny than regular commercial contracts; courts require a high degree of honesty on the part of each party, called a fiduciary duty to the other party. Therefore, if the resulting agreement is excessively one-sided, courts will presume the existence of fraud, and, unless this presumption is rebutted in court, will invalidate the agreement.

In Sogg v. Nevada State Bank, the Nevada Supreme Court concluded that a premarital agreement would be presumed fraudulent where it left a wife with no resources or means of support in the event of a divorce, and where the wife probably would have received more under the community property laws of Nevada were it not for the premarital agreement.

The presumption may be overcome by a showing that the party claiming disadvantage was not in fact disadvantaged. Factors to consider include whether the disadvantaged party (1) had ample opportunity to obtain the advice of an independent attorney, (2) was not coerced into making a rash decision by circumstances, (3) had substantial business experience and acumen, and (4) was aware of the financial resources of the other party and understood the rights that were being forfeited.

The court in Sogg, held that where the premarital agreement was drafted by the husband’s attorney, the wife was never given an opportunity to obtain the assistance of her own counsel, was not given a copy of the agreement until the morning of the wedding, and the wife’s business experience was scanty. The court held that the presumption of fraud was not overcome, and the agreement was invalid.
Fair Pre-Nups

A contract is “unconscionable” if it is so one-sided as to be fundamentally unfair. In some states, a prenuptial agreement will be upheld even if it is one-sided and is a bad bargain for one of the parties, as long as it is made voluntarily and with full disclosure by each party. However, the Nevada Supreme Court doesn’t lean this way. In the Fick case, the court took into account the results of the agreement. It invalidated the agreement partly because the agreement eliminated alimony for the wife, which she would have been entitled to, and gave the wife much less community property than she would have received under community property laws. This indicates that Nevada courts will look at the substantive outcome of an agreement in determining fairness and validity.

It is apparent the reasons prenuptial agreements will be rendered unenforceable tend to overlap. In practice, facts which indicate there was not adequate disclosure by a party or which indicate the presence of duress may also be used to find fraud, unconscionably, etc. The overall lesson for couples is therefore: allow sufficient time for negotiation; have separate divorce lawyers available for both parties, disclose all assets, financial information and anything else the other party might reasonably want to know, and to attempt to treat the other spouse as fairly possible.

Spotting Reliable Divorce Help Online

The Internet has definitely taken the world by storm. It has opened up new ways for communicating with others all over the globe and has given everyone the convenience of having information ready at their fingertips. One downside to this though is that with the influx of the information also comes the rise of unreliable information. Divorce is one of the topics most frequently looked up on the net and to those who are in need of some reliable divorce help online, here are some good tips to remember:

When it comes to getting information and divorce help, nothing beats the quickness of the Internet. Quick as it may be, it certainly also has its flaws. For one, with the numerous sites online which have articles that talk about a range of topics on divorce, it is unsure that all the divorce information are truly 100% based on facts.

Many of these websites have articles which can be read free of charge which makes them all the more popular for those who are thinking of getting a divorce but are on a budget. Thus being able to tell which is fact and which is fallacy is definitely a much needed skill.

You should always have a critical mind so that you can tell which the facts are. It is never a wrong thing to ask around or look into details more closely rather than following and believing readily what is written. Compare and contrast articles and see which sounds more believable to you and contains the most facts rather than ideas based on opinions. And whenever you read something, watch something or listen to something, keep an open mind but never forget to use common sense. Sometimes when we are too emotionally charged we forget to use our logic. For example, you search for “ways to brutally get back on your cheating husband” instead of just looking for softer and more practical self-help stuff. That’s when you create a whole new problem in the middle of this sticky situation.

It will also be a good move to look into the main contributors of the site. Look up on their credentials and see if they have enough legal knowledge and experience to be deemed experts in the field. Look for sites which have a reputable divorce attorney as one of their main contributors, if not all.

Always remember that different states also vary in the laws that govern divorce, so if looking for divorce help online, search for ones that specialize on divorce laws within your state or area. You wouldn’t want to be taking tips from a site which have facts based on Nevada laws when you live in California.

Spotting reliable divorce help online is just all about reading and using your critical thinking skills. Most of the time, wrong information can easily be detected if we learn to read and look into details more closely.

Divorce and Temporary Protection Order (TPO's)

A court has the power to issue a TPO (temporary protection order) to protect individuals from being harassed and stalked. In a divorce proceeding, the court may also grant a TPO to a spouse, husband or wife, if the spouse has been subject to instances of domestic violence.

Domestic violence is not simply defined by physical violence towards a spouse or child. It takes many different forms. In Nevada, the law provides that a court may issue a TPO on a current or former spouse if it finds evidence of:

Sexual violence
Child abuse
Harassment
Physical violence
Threats of physical violence
Coercion

There are several TPO’s that a court may issue. First, you can apply for an emergency protection order. This application must be made while your spouse is still in police custody after being arrested for a domestic violence incident and is effective for 7 days. A temporary protection order may also be requested regardless of whether there is an arrest and is effective for 30 days. Finally, you can apply for an extended protection order, which can last for up to one year. If you apply for an extended order, a hearing will be scheduled. Your spouse must be notified and has the right to attend the hearing. It is also absolutely necessary that you attend the hearing or the TPO will be dismissed.

A judge can rule on a number of issues when granting a TPO. Your spouse can be ordered to stay away from your home, place of work, or your child’s school or daycare, or any other relevant place. Your spouse can also be ordered not to contact you in the form of phone calls, through a third party such as friends or family, and email. Your spouse can be prevented from destroying your property, assaulting you or your children, and harassing you in any way. The judge may also order your spouse to leave the marital home, assign control of bank accounts and other items that you share, as well as temporary child custody.

Every situation is different and if you are unsure of whether you are entitled to a TPO you can contact the Family Violence Intervention Program located in the Clark County Family Court. Applications are free and advocates are there to assist you. They cannot provide legal advice, but they can help you with the application process.

A temporary protection order is designed to protect individuals from domestic violence before, during, and after a divorce and these matters are taken very seriously. The court will not tolerate false or exaggerated accusations of domestic violence in order to gain some sort of advantage in a divorce or custody battle. If you are in need of a TPO, or you have had a TPO wrongfully issued against you, it may be in your best interest to consult a Las Vegas divorce attorney experienced in these legal matters to protect you rights.

Understanding Federal Crimes

In the realm of law, crimes are considered to be within a jurisdiction. This means that the trials for certain crimes are the responsibility of certain areas of the country. At the most basic division, jurisdiction is broken into two levels: state level and federal level.

States usually have jurisdiction over most crimes that occur within that state. This may include murder, theft, trespassing, and other actions that break federal and state criminal laws. Some crimes are under both federal and state jurisdiction, meaning that the trials can be heard in state or federal courts.

Some particular crimes are considered federal offenses even though they occur in certain states. These crimes are considered crimes against the federal government and may include espionage, conspiracy against the government, illegal alien smuggling, and other crimes that threaten the federal government.

Other cases that may share joint jurisdiction as previously mentioned may become exclusively federal crimes depending on the magnitude of the crime. Examples of this include major cases of embezzling, bank fraud, and drug-related crimes.

In many cases, federal crimes are considered more severe than state crimes because they put more people in danger or affect a greater number of individuals. When an individual is convicted of a federal crime, he or she may serve time in a federal prison as opposed to a state jail.

Federal crimes often carry severe punishments, and individuals who commit them often see decades or even life in prison. These sentences may be in addition to severe fines that an individual is ordered to pay.

How Lawyers Can Market Themselves For Divorce Cases

Indianapolis is the fourteenth largest city in the United States. It has 829,718 residents according to the 2010 census. Over the past 10 years ending December 31, 2010 Indianapolis averaged 4705 new residents per year. Indianapolis reported 4844 divorce petitions filed in 2010, which represents an above average filing year and 2009 reported 5504, which was a significant increase over the average. It does not, however, rank among the top 50 divorce cities in the United States. The dubious distinction of being the divorce capital of the world belongs to Las Vegas, Nevada.

Many of the divorce petitions filed in Indianapolis are pro-se, which means that the person filing the petition is representing themselves. For the rest of the litigants who file or who are named as the respondent in these legal proceedings, they will be represented by a lawyer. Indianapolis Divorce Attorneys compete for the roughly 800 potential clients who file each month and they do so by print and electronic advertising. As the internet becomes a more popular venue for commerce, more and more lawyers and law firms are finding the internet to be a very dynamic venue in which to advertise their services. They employ a number of strategies to place themselves at the top of the heap, including paying major search engines for the right to be listed prominently at the top of the search pages. Since Google has the lion’s share of the internet market, this is the place where lawyers compete for position. At least those that know and understand the workings of the internet.

Despite this competition among divorce attorneys, and between all other attorneys for that matter, referrals from other clients and other lawyers remain the most common means of bringing new clients to the office. This may be due to the fact legal issues in general and divorce in particular tend to deal with highly personal and sensitive issues, and clients need to feel safe with the people who represent them. Finding lawyers that are known to their friends goes a long way to subdue any fears they might have about sharing their inner most thoughts with a complete stranger.

Many lawyers do not practice in this field, but virtually every full service law firm and even boutique law firms have at least one lawyer on staff who handle divorce and family law matters. There are very few attorneys who claim to practice exclusively in the family law arena, but there are a few. While this area of law is not highly technical or difficult, it does require a broad range of knowledge and it is not something a complete novice should tackle alone. There are simply too many pitfalls waiting for the inexperienced lawyer to stumble into as the case develops.

Law Enforcement Articles – The Need for Interview and Interrogation Training

At no time in our modern history have more demands been placed upon the law enforcement officer. Communities are extremely concerned about crime and they are demanding that law enforcement agencies “do something about it.”
It seems that every day, violent crime and drugs occupy the front page of every newspaper in America. Politicians at the local, state and national level like to give the impression of being “tough on crime” and espouse philosophies which, at least outwardly, seem to support that toughness.

At the same time, the public (via the media) is scrutinizing the actions of the law enforcement community more closely than ever before.

The public wants results and, more importantly, to feel safe. Yet, that same public will not tolerate any perceived abuses of suspects’ rights in the process.

Primarily due to the increased cost of incarceration, a concerted push is being made to release prisoners from jails and prisons, with the ensuing increase in probationers and parolees.

Probation/Parole Officers have increased caseloads with no end in sight.

Juvenile crime is sky-rocketing.

Younger, more fearless criminals are becoming the norm, with the media bringing sad tale after tale into our homes on a nightly basis.

When I speak to new recruits, I tell them that what the public wants in a police officer is simple: we want applicants that are warm, caring individuals who are capable of speaking to public groups; conducting demonstrations at schools; counseling troubled youth; rendering first aid; interacting with and assessing problems from a community perspective.

In addition to all of those admirable qualities, we want much more.

If a bad guy is trying to get into our home, we want an absolutely fearless gladiator who will willingly risk his/her very life to apprehend the suspect (without injury to the burglar, of course) and protect our property.

We want, expect and demand all of this for a salary that is far less than society pays a plumber!

Whether a person is a Probation/Parole Officer supervising 100 felons, a Police Officer in a patrol car, a Fish and Wildlife Officer working all alone 50 miles from any back-up, a military law enforcement officer or a Federal Agent working in a structured environment, being a law enforcement officer is an extraordinarily tough and complex job which demands that we apply all of our skills and training.

How has the law enforcement community dealt with the ever-increasingly need for interview training?

Poorly, I’m afraid. Here’s how it works…

In virtually every modern law enforcement agency, much care and consideration is given to the allocation of training, especially that training which requires both expenditures of time and money.

Traditionally, different segments of the agency (patrol, detectives, administration, etc.) have had to compete in a sense for their share of the almighty training dollar budget.

As a result, it is incumbent upon agency administrators to prioritize the available training money.

Training in most modern law enforcement agencies has taken on the semblance of a triage system at an emergency room. Administrators want to send everyone to training, so they end up throwing some money at those who are “bleeding” the most. Due to civil liability concerns, patrol officers mainly receive training emphasizing the motor skills areas (firearms, arrest techniques, emergency driving tactics, handgun retention skills, etc.), said areas presenting the most opportunity for misapplication and a resultant lawsuit.

Investigators receive training geared toward their primary areas of emphasis (interview & interrogation, crime scene investigation, investigative specialties, etc.).

Ironically, an objective analysis of the component parts of the job of patrol officer reveals interviewing skills are utilized far more often than any other skill. Think about it, what skill is used more often than the ability to talk with people and elicit information?

Conversely, what will get an officer in trouble with the public faster than an inability to communicate?

  • How many times in any officer’s life will he or she use deadly force?
  • How many times in any given month will he or she get into a vehicular pursuit?
  • How many instances of dealing with hazardous materials will crop up in an average month?

Contrast the frequency of these incidents against the absolute certainty that we will have to interact with people during each and every shift.

We routinely qualify in shooting, attend yearly hazardous materials safety courses, attend Emergency Vehicle Operations courses and the like, yet most patrol officers never attend formal interview and interrogation instruction after an initial exposure to it in the basic training academy.

Consider the following sober statistics:

o Police Training academies in the United States offer, on average, only 4 hours of training on interviewing techniques during Basic Training.

o 60% of law enforcement training academies in the U.S. don’t offer any interview training at all during Basic Training.

o Less than 20% of all law enforcement officers have received in-service training in interviewing techniques.

Unfortunately, in most law enforcement agencies, the investigators are repeatedly sent to interview and interrogation training, while the patrol officers who apply to attend are routinely turned down. In the bureaucratic effort to make training dollars stretch a long way, administrators often prioritize training requests, sometimes based upon outdated or inaccurate information.

The need exists for inexpensive, easy methods benefit police officers without regard to job assignment, all in an affordable manner.

Compounding the training problem is the current countrywide push toward “Community Policing” and all of the responsibilities inherent with that system. Simply put, Community Policing can be best described as a philosophy of empowerment that allows the beat officer to solve problems. By a collaborative effort with others in the community, police officers are responsible for actually resolving the community concerns, rather than just taking enforcement action.

While the philosophy sounds good, the average law enforcement patrol officer has not been given the tools with which to conduct investigations, interview people, make public presentations and achieve this collaboration to solve problems. Federal grant money has been spread across the country in an effort to promote Community Policing.

Officers have been hired, equipment has been purchased and public relations efforts have been extensive in this area. Unfortunately, officers that do not have the foundation of investigative training may find themselves in an uncomfortable position.

One Community Policing officer recently told me “If I had wanted to interview neighbors, show photo lineups, speak to public groups and work extensively with other public agencies, I would have been a detective. What happened to good, old-fashioned police work?”

One of the primary components of Community Policing is the ability to interact with people in a non-threatening manner which elicits maximum information.

Most basic training academies teach a block of instruction on “Interviewing and Interrogation.” However, these traditional systems stress the structured interview approach to interviewing. The new trainee soon realizes that he or she will conduct hundreds or thousands of street interviews while on patrol and will perform relatively few formal, structured interviews in an interrogation room setting.

There are some very fine formal “Interview and Interrogation” type training classes for law enforcement officers out there (being a polygraph examiner, I have attended quite a few of them), but they tend to emphasize the structured interrogation aspect of the situation and are geared more toward an investigator than a patrol officer.

Look for interview training that does not deal with just the structured interview/interrogation type setting. Again, an analysis of a patrol officer’s daily job reveals that the vast majority of contacts that he or she experiences are not in a structured setting conducive to a formalized method of interview and interrogation.

The Focused Interviewing system is not one based totally on theory, but rather upon practical application. These techniques are being successfully used daily, are very easy to learn and do not require reference texts to be carried in the field.

In this system, we will look at what is wrong (or at least ineffective) with typical street interview techniques, what led us to use techniques that don’t work, what does work and how to develop techniques that will dramatically increase our “confession” or “incriminating statement” rates in dealing with offenders and will be of great value in clarifying statements obtained from victims and witnesses.

Law Enforcement Information

Law enforcement are members of different agencies who are committed to upholding and enforcing the laws we live by. Some members work in local settings, while others work to enforce national laws. Often, the workers are a big component in punishing and convicting those who commit a crime. They work day-in and day-out to ensure that the streets are safe and the criminals are put behind bars.

There are generally two goals that law enforcement officials are seeking: prevention and enforcement. The first goal, prevention, can be particularly difficult. Officials must work extremely hard to prevent occurrences of crimes. For instance, police officers will regularly patrol an area in an attempt to keep crime from happening there. They make their presence known. In a way it is a message to criminals that lets them know they are being watched and criminal behavior will not be tolerated. The second goal, enforcement, can also be just as difficult. Officials have the unique assignment to punish people for committing a crime. They must assign a form of punishment that fits the crime. Not only that, but must also seek rehabilitation for the criminal whenever possible.

Today, law enforcement jobs can be found on all kinds of levels. For example, there are local police throughout the nation. They are there to protect the rights of citizens in specified jurisdictions. Then, there are states and federal law professionals. These professionals work to apprehend suspects after they find sufficient evidence of wrongdoing. The Federal Bureau of Investigation, for instance, is a federal agency. They have enforcement officials who work to enforce federal laws. Members of state and federal penal systems are also considered law enforcement officials. They manage different aspects of containment and punishment of criminals. Along with that, other law enforcement professionals include: probation officers, judges, and district attorneys.

Although law enforcement is a broad term, everyone working in it is working towards the same goal. They work to enforce laws, protect the people, and prevent crime. There are officials all over the world that are performing duties that range from trainee to advanced enforcement. Some might be investigators, while others are managers or directors. Despite their positions, they are still required to work within their jurisdictions, the rules of their job, and the law. Not only are citizens required to follow the law, but law enforcement officials must follow the rules too.

Outsourcing Law Enforcement Transcription

As long as law enforcement agencies have been dealing with recorded audio and video, there’s been a need for law enforcement transcription. Despite advancements in technology, those pieces of audio and video that are entered into evidence or as part of an investigation still need to be transcribed for reasons of documentation and clarity.

The responsibility for transcription has commonly fallen on the shoulders of those professionals that require the work; law enforcement agencies, attorneys, public defenders, prosecutors, security companies, and others.

Unfortunately, over time the caseloads for law enforcement agencies have increased while there has been no increase (and sometimes a decrease) in personnel to manage the work and influx of forensic transcription.

Budget cuts have made it virtually impossible for many law enforcement agencies to bring on additional staff to assist with the translation and transcription, creating a nightmare of labor costs for many divisions.

Security Concerns

The possibility of outsourcing forensic transcription is one that is routinely discussed in many agencies, but many have reservations about utilizing outsourced services, particularly when delicate evidence in audio and video is concerned.

In the past many agencies were wary about sending out hardcopies of audio and video to be handled by a law enforcement transcription company when considering the potential of that content becoming “lost” or corrupted.

Likewise, the more hands an item passed through, the greater the chance of the material becoming damaged or leaked – especially to the media. These security concerns have encouraged a number of agencies to retain the transcription and translation work in house.

As technology has advanced however, new and far safer methods make it extremely simple to get the necessary content to a transcription service; Audio and video content can be uploaded to a secured server managed by the transcription service.

This secure upload makes it easy to monitor and maintain who has custody of the content because it passes easily from point A (the law enforcement agency that requires the transcription) to point B (the transcription service).

Reeling Budget Considerations

With the economical upset across the nation, many law enforcement agencies have suffered severe budget cuts that cost them both personnel and equipment. As such, it’s been extremely difficult for many of those agencies to justify paying an additional cost for outsourcing forensic transcription.

For many transcription services, it is common to charge by the line or by the page. Unfortunately it’s often very difficult to determine how many pages an interview will leave you with once it’s transcribed. There is another option that can make budgeting easier for law enforcement agencies, and that’s to opt for transcription services that charge by the minute.

That means if an agency needs transcription for a 46 minute interview – whether in audio or video format – then the agency is charged for 46 minutes.

The Real Benefit of Outsourcing Law Enforcement Transcription

The real problem facing law enforcement agencies, and any agency involved in the criminal justice system that is subject to strict budgets, is that in-house transcription takes up a tremendous amount of time and man power to complete.

Many agencies oppose outsourced transcription services because they fear the cost, as mentioned previously, but they don’t consider the actual cost of keeping that transcription in-house. Their intention is to save money by keeping transcription in-house but unfortunately that decision is costing some agencies a great deal of money.

*Salaries/Wages
Paid to those employees, secretaries, etc. who are required to transcribe the data – sometimes in the form of overtime depending on the case load.

*Management Expenses
Transcriptions typically need to be reviewed for accuracy and tracked to ensure that they are being completed in a timely manner. This can take time away from those in positions of authority within the department or agency.

*Cost of Information Technology
The cost of purchasing and maintaining software and hardware plus the training of employees and personnel to utilize the equipment for audio and video transcription

*Overflow and Delay Costs
There are inevitable times when delays occur which can pose significant problems to law enforcement cases where a deadline is concerned. Often the overflow and delayed material winds up in the hands of an outsourced company. Due to a looming deadline and thus a rapid turnaround requirement, the cost for such a service is often higher.

A Viable Alternative

Forensic and law enforcement transcription & translation outsourcing have become one of the primary ways that many agencies are finding budget relief. With skilled outsourcing to a service that employs trained forensic transcriptionists, law enforcement agencies gain a number of benefits:

*Reduced man hours of on-site personnel
*Elimination of the need to hire additional personnel to meet demands
*Improved quality of the transcribed content
*Reduced delays in transcription (rapid turnaround)

Outsourcing of forensic transcription means that far more agencies will be able to put their personnel where they belong – focusing on the agency’s primary responsibilities. With skilled outsourcing, law enforcement agencies, security companies, and so-on can trim costs because they are able to get transcripts completed on time, thus meeting the demand of an increased case load without the need to hire more staff or force current staff to burn the candle at both ends.

The new age of digital transcription via the web has given law enforcement agencies, public defenders offices, security companies, and others a means of maintaining the security of their data as it’s being passed off to trained forensic transcriptionists, and a rapid turnaround on those pressing cases that need to be handled quickly.

Dealing With Divorce

Everyone knows that Vegas is the place to be for any sort of celebration such as a bachelor or bachelor party or even just going out on the town for a weekend for fun. In some cases Vegas becomes a little hard to handle and some people can often lose what they originally came with. The next morning many things can be a surprise to you, including a new wedding band on your finger or a headache that is worse than ever. If you are waking up next to someone who you do not know and cannot remember and there is a signed document there you may need the assistance of a Las Vegas Divorce Attorney. A Las Vegas Divorce Lawyer can get both parties out of the issue without a very difficult trial of events.

There are many ways to ensure that big mistakes like these do not happen or are less likely to happen on your very fun trip planned for Las Vegas, Nevada. In Nevada there are many different rules than in some other states and sometimes it is important to make sure that you know what those are before you get there. Another good way to make sure that nothing goes too incredibly wrong is to go with a group of friends rather than alone. The chances are good that one person in your group will probably want to stay alert throughout the night making sure that everyone is okay. If you have that person you can guarantee that you will be a little safer.

A lot of people like to go to Vegas to let off steam and let loose and relax, but do not get too relaxed. Remember that your visit to Vegas is meant to be enjoyable. You should not feel like your mind has been erased when you are finally heading home. A good way to do this is to make sure that you are fully prepared for any sort of extra partying that you may not be ready for. Do not lose control of yourself because this can end in multiple bad decisions.]

Las Vegas is a city known for some crazy nights but you do not have to be a part of something that you do not want to. If you are not there to gamble and drink and party in the clubs, there are plenty of other things to do. There are several different relaxation resorts and spas as well as many shows and cool museums to look around in. If you are interested in shopping there is also a great social scene with lots of designer stores to get exactly what you want. The night scene may be a little too exciting for you, but that is totally okay.

Vegas changes a little from day to night and for some people Vegas is not all about gambling relentlessly and drinking until they pass out. If this is not for you, there are plenty of other fun things to do as well. The most important thing is to remember to have fun and enjoy.

Is it Still Safe For Your Child to Ride a School Bus?

Riding a school bus to school in the mornings and the afternoons has been a tradition for many years now. It has always been a concern for parents on the first day their put their child on the bus because they worry about whether or not they will be afraid or if their safety should be a concern. Usually after the first couple of weeks it becomes routine and most parents never give it much thought after that.

However, in recent years there are a number of reasons that parents are having to be cautious when they have children that ride a school bus to and from their schools. This is because in recent years especially, there has been an alarming increase in the number of children that fight on the bus even as the bus drivers watch in their rear view mirror. There have been many serious incidents where children have been ganged up on by several other kids at one time.

Another concern that has just recently came to light is the risk of a child being molested on the bus by other children on the bus. Older students have been found guilty of molesting smaller kids as they ride to or from school. This is such a serious concern and fifty years ago such a thing occurring on a school bus would have been unthinkable.

There have also been incidents where small children have been accidentally left on the school bus in the morning after the run has been made. It is the responsibility of a bus driver to walk the entire length of the bus after each route has been finished to make sure there is no one left on the bus. Evidently this is not a practice all bus drivers care to make sure they do because when the bus is taken to a temporary parking place until the afternoon route, they were surprised to find a small child had fallen asleep in the morning and had been left on the bus all alone for the entire day. This can be a very dangerous and scary situation when a five or six year old wakes up all alone and is made to sit for hours in hunger and sometimes cold or very hot temperatures in a closed up and empty bus.

Even though the aid of cameras have been installed in many school buses around the country, these types of incidents are still continuing to rise overall. Parents need to take the time to get to know their child’s school bus driver and find out how responsible they might be. Be sure to ask your child about what is going on their school bus and if there are any suspicious things happening that they tell you about, take it to the school principal or even the school board to make sure your child’s bus ride is as safe as possible.

3 P's to Relieve Parent Stress While Travelling With Kids, Toddlers, and Young Children

Traveling with “little ones” can be one of the most joyous events of all-it can also be one of the most stressful. Parent stress is usually high when traveling with small children or toddlers as children in this age bracket have multiple needs, short attention spans and are easily bored or agitated when cooped up for a long time. Traveling with children can be stressful, but with enough preparation and forethought you can ensure a relatively tears-free trip, for both you and your child.

Here are the 3 P’s to prepare you before traveling and alleviate parent stress:

Plan:
Planning… Planning… Planning, there is no escape from this. If adventurous, unplanned holidays gave you a high in the past remember one thing – they have to be forgotten when you have kids – else you will only create more parent stress. There are ways to reduce anxiety when traveling with little children, though it takes meticulous planning in advance and flexibility during the trip. Planning involves:
o deciding where to go to,
o how to go,
o what to do and know about the place you are visiting and
o how to be prepared for the travel.

For deciding where to go, ask your travel agent for family-friendly suggestions. See your doctor about vaccinations beforehand. The most important step is to decide how to travel. Take all the pros and cons of different modes of travel before deciding the mode of travel. Depending on the mode of travel, plan for stuff like breaks, overnight stays, availability of airport transit facilities etc so that you and your child are comfortable.

An important tip to relieve parent stress while traveling is to ensure that you have enough rest breaks. Do not jam-pack the trip with lots of activities; have days of relaxing so that your children do not feel very tired. Keeping your trip as simple as you can and it will reduce the number of problems.

Prepare:
Once you are through with planning a trip the next step is to prepare for the trip. This step involves actually mentally, physically and emotionally preparing you for the trip. Once you have decided on the place to travel and the mode of transport you will need to prepare for the following:

o How do you prepare for the place you are visiting?
o What sort of accommodation you want?
o What to bear in mind and prepare depending on the mode of travel?
o What do you need to carry with you?

Preparing for the place you are traveling requires you to know about the facilities that the place provides like supermarkets, availability of key food and hygiene brands required for your child, availability of medical care, what to avoid eating and drinking, where to avoid visiting etc. This research will help you to be better prepared for the trip and you would know what to expect.

The most important preparation is for the mode of transport. If you are traveling by air or train remember to:
o Purchase an extra ticket if you can afford, else request an aisle seat, which can give you more mobility and quicker access to your seat when boarding and de-boarding. Also, in case of air travel ask for bulkhead seats or seats near an exit to give your child a safe spot to play on the floor.
o Schedule the flight during night so that your baby sleeps most of the time.
o Allow more time for security checks, getting to the gates or your platform at the station, and unexpected events.
o Bring nutritious snacks for your kids and for yourself; you don’t want to be caught hungry with no food options in sight.

When traveling by car:
o Use appropriate restraints, such as seat-belts or car seats.
o Don’t stack items in a way that they fall all over if you have to brake suddenly.
o Use shade cloth to keep the sun from shining in your child’s face or wear sunscreen.
o Be prepared for plenty of toilet and rest stops are taken to reduce motion sickness. This needs to be planned in the travel. Also check with your doctor on the drugs you can give to your child to reduce motion sickness.

The last step in preparation is to decide what you should carry with you when you travel. Here the key tips are:
o First aid box containing items such as baby paracetamol, thermometer, anti-itching lotion, oral re-hydration preparation and band-aids. Also pack sunscreen, hats and insect repellent.
o Take sterilizing equipment if your child is bottle-fed.
o Pack, lots of toys that keep your child busy and not bored. Also avoid too much of sharing between kids, which can lead to quarrels.
o Prepare to carry loads of nutritious snacks and food when going out for sight seeing.
o Take your own stroller or pram, even though it is bulky.
o Take some familiar items from home – blanket, stuffed toy – this will keep your child occupied and give them some comfort.

Pursue:
The final step to relieving Parent Stress, while traveling is to pursue your plan and execute on it when you are on vacation. Before you even embark on your travel, if the baby is sick, postpone the travel – if they get sick during the travel try and cut the travel short. Actually visit the doctor and get all vaccinations and clear all doubts regarding the place you are visiting.

Before traveling, to help pack for the trip and to keep your child’s various supplies organized, it might be a good idea to make a personalized travel box for each child. If traveling by air, feed your baby or child when starting and towards end of the trip, as the frequent swallowing can help prevent the build-up of pressure inside the ears. Encourage your child to drink plenty of fluids to reduce the risk of dehydration. During the flight, stick to smaller and more frequent feedings. Also supervise flight attendants when they heat your meals for the child.

If traveling by car, make sure your child eats something before traveling, but avoid heavy or greasy foods. Entice your child to look out the window by pointing to several things along the way. Also try and have a few surprises up your sleeve, like a travel toy or game that can be opened only after you begin your travel. This will avoid boredom in travel for kids especially when doing long haul flights or long road/train journeys.

Once on holidays, take all precautions when visiting new places – like not leaving the child unattended, being vigilant about the potential dangers of unfamiliar places, such as not fenced swimming pools or balconies. Try to keep a little bit of familiar mealtime routine so that the kids do not get cranky. Ring ahead and check out for availability of children’s menu to avoid surprises and for younger kids prepare them to eat “jarred” or “tinned” baby food as fresh food might not always be available. Wherever possible, use disposable items and use any babysitting facilities at your hotel so you can have a break.

The most important thing, however, is to be flexible! Your baby won’t be able to have the same sleeps, so if you think the baby is tired, take a day off. Use the extra days you have planned to relax and don’t pack them with more travel.

For kids above five years, you can allow them to choose some items to pack or provide them with a choice of seat or allow them to move around the platform or terminal while waiting for next train or flight. This will help them gain a sense of control in the experience and they will be lot better behaved and less bored. Finally maintain a cool head during the trip. Remember to focus your attention on the trip itself and all the fun that comes with it, rather than on the hassles of travel as these hassles are short lived. This way you can have a wonderful time with your family.

Emo Fashion of the Present

Emo fashion has changed over the years. While there are some basic generalizations across the board, the emo fashion style has changed from a pretty tight dress code to a much more relaxed style that encompasses a variety of different elements.

It’s still a popular trend among emos to flat iron their hair as straight as humanly possible. The dramatic side swooping band covering one eye is no longer a huge trend in the emo culture, though many still have long bands going across one side of the face. A few additional hairstyles have been added to the repertoire of guy emo hairstyles, like spiking the back of the hair. The female emo hairstyle hasn’t changed much and still retains its Elvira like appearance.

While many emos still dye their hair black, it’s no longer a hardcore requirement for the style. There are quite a few emos out there that dye their hair platinum blonde instead. It seems to have become more about how you wear your hair than what color your hair is. The newest hot female emo hair accessory is multi-colored hair extensions. In fact, coloring part of your hair a radical color was quite the trend for a while.

Fewer emo guys wear guy liner now than when the emo trend originally became popular. Like many of the original emo fashion trends it has faded into the background.

Tight clothing is still very much in style with the emo culture, though much of it has taken a more modern look. Stripes are popular in emo fashion as well as stars, hearts, skulls, nautical stars, and sparrows. Emo females typically wear more trendy fashion as opposed to the original vintage style.

Piercings have also seen an expanded horizon. Many emos have gone from a single lip piercing to snake bites. Hip piercing has also recently become popular.

There’s really no telling how much more the emo fashion style will evolve. Unlike many other fashion styles the stability of emo culture changes as time passes. Some imagine that it will fade out completely with time. Until it does though, it will certainly be interesting to keep an eye on the rising and falling trends

Top Reasons To Look Into Party Bus Rentals

Planning a big night on the town can turn into a big pain in the neck when more than a few people are involved. Between selecting where to go and what to do, few adults have the time to think about who will serve as the designated driver or drivers. When party bus rentals are considered, this concern is eliminated and quite a few other perks are delivered, as well.

Looking into party bus rentals makes sense for everything from prom night to bachelor parties and beyond. Whether the party is in Los Angeles, Las Vegas or elsewhere, these buses can really help ensure the fun continues without any hassle.

Some of the top reasons to look into party bus rentals for small-to-medium-sized parties include:

· Convenience. It is often much easier to look into party bus rentals than to try and figure out who will do the driving. When these services are used, it is even possible to make arrangements for everyone in the party to be picked up and then dropped back off at their own homes at the end of the evening. It doesn’t get easier than that.

· Onboard entertainment. The rules of the road for drinking in regard to party bus rentals might vary from state to state, but the fact of the matter is the fun can continue en route. With many party bus rentals offering onboard restrooms, TV/DVD combos and rather nice sound systems, getting there can be half the fun.

· Professional drivers. Party bus rentals always come with professional drivers at the wheel. This takes worry out of the proposition and puts the burden of dealing with traffic on a pro who knows how to handle the job. In big cities like Los Angeles and Las Vegas, this can be a real big hassle that’s instantly removed. In some cases, party bus rentals come with drivers who also know how to jazz up the ride by providing tour information, onboard entertainment and more.

· Logistical simplicity. It is infinitely easier to put an entire party onto a bus and have everyone stay together at multiple stops along the way. When party bus rentals are used, everyone arrives at the same time.

· Economical. In most cases, it is very economical to look at party bus rentals versus driving a number of private vehicles. When the hassles that are removed from a party are considered, the cost savings really can amount to a lot.

· Safer. When adults are looking at party bus rentals for big occasions, it is generally just plain smart and a whole lot safer to let someone else drive. This ensures that everyone can have a good time and leave the concerns about drinking behind. When door-to-door service is added into the mix, the benefits really add up.

Party bus rentals in California, Georgia and elsewhere make a great deal of sense for small parties and large. When getting there is half the fun, these rentals can very much shine.

Banking Fraud – Prevention and Control

Banking Fraud is posing threat to Indian Economy. Its vibrant effect can be understood be the fact that in the year 2004 number of Cyber Crime were 347 in India which rose to 481 in 2005 showing an increase of 38.5% while I.P.C. category crime stood at 302 in 2005 including 186 cases of cyber fraud and 68 cases cyber forgery. Thus it becomes very important that occurrence of such frauds should be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.

In the present day, Global Scenario Banking System has acquired new dimensions. Banking did spread in India. Today, the banking system has entered into competitive markets in areas covering resource mobilization, human resource development, customer services and credit management as well.

Indian’s banking system has several outstanding achievements to its credit, the most striking of which is its reach. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, which was operating in a highly comfortable and protected environment till the beginning of 1990s, has been pushed into the choppy waters of intense competition.

A sound banking system should possess three basic characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud free culture, (ii) a time tested Best Practice Code, and (iii) an in house immediate grievance remedial system. All these conditions are their missing or extremely weak in India. Section 5(b) of the Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdraw able by cheque, draft, order or otherwise.” But if his money has fraudulently been drawn from the bank the latter is under strict obligation to pay the depositor. The bank therefore has to ensure at all times that the money of the depositors is not drawn fraudulently. Time has come when the security aspects of the banks have to be dealt with on priority basis.

The banking system in our country has been taking care of all segments of our socioeconomic set up. The Article contains a discussion on the rise of banking frauds and various methods that can be used to avoid such frauds. A bank fraud is a deliberate act of omission or commission by any person carried out in the course of banking transactions or in the books of accounts, resulting in wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. The relevant provisions of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act relating to banking frauds has been cited in the present Article.

EVOLUTION OF BANKING SYSTEM IN INDIA

Banking system occupies an important place in a nation’s economy. A banking institution is indispensable in a modern society. It plays a pivotal role in economic development of a country and forms the core of the money market in an advanced country.

Banking industry in India has traversed a long way to assume its present stature. It has undergone a major structural transformation after the nationalization of 14 major commercial banks in 1969 and 6 more on 15 April 1980. The Indian banking system is unique and perhaps has no parallels in the banking history of any country in the world.

RESERVE BANK OF INDIA-ECONOMIC AND SOCIAL OBJECTIVE

The Reserve Bank of India has an important role to play in the maintenance of the exchange value of the rupee in view of the close interdependence of international trade and national economic growth and well being. This aspect is of the wider responsibly of the central bank for the maintenance of economic and financial stability. For this the bank is entrusted with the custody and the management of country’s international reserves; it acts also as the agent of the government in respect of India’s membership of the international monetary fund. With economic development the bank also performs a variety of developmental and promotional functions which in the past were registered being outside the normal purview of central banking. It also acts an important regulator.

BANK FRAUDS: CONCEPT AND DIMENSIONS

Banks are the engines that drive the operations in the financial sector, which is vital for the economy. With the nationalization of banks in 1969, they also have emerged as engines for social change. After Independence, the banks have passed through three stages. They have moved from the character based lending to ideology based lending to today competitiveness based lending in the context of India’s economic liberalization policies and the process of linking with the global economy.

While the operations of the bank have become increasingly significant banking frauds in banks are also increasing and fraudsters are becoming more and more sophisticated and ingenious. In a bid to keep pace with the changing times, the banking sector has diversified it business manifold. And the old philosophy of class banking has been replaced by mass banking. The challenge in management of social responsibility with economic viability has increased.

DEFINITION OF FRAUD

Fraud is defined as “any behavior by which one person intends to gain a dishonest advantage over another”. In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise.

Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are:

1. There must be a representation and assertion;

2. It must relate to a fact;

3. It must be with the knowledge that it is false or without belief in its truth; and

4. It must induce another to act upon the assertion in question or to do or not to do certain act.

BANK FRAUDS

Losses sustained by banks as a result of frauds exceed the losses due to robbery, dacoity, burglary and theft-all put together. Unauthorized credit facilities are extended for illegal gratification such as case credit allowed against pledge of goods, hypothecation of goods against bills or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods with the knowledge and connivance of in negligence of bank staff, pledging of goods belonging to a third party. Goods hypothecated to a bank are found to contain obsolete stocks packed in between goods stocks and case of shortage in weight is not uncommon.

An analysis made of cases brings out broadly the under mentioned four major elements responsible for the commission of frauds in banks.

1. Active involvement of the staff-both supervisor and clerical either independent of external elements or in connivance with outsiders.

2. Failure on the part of the bank staff to follow meticulously laid down instructions and guidelines.

3. External elements perpetuating frauds on banks by forgeries or manipulations of cheques, drafts and other instruments.

4. There has been a growing collusion between business, top banks executives, civil servants and politicians in power to defraud the banks, by getting the rules bent, regulations flouted and banking norms thrown to the winds.

FRAUDS-PREVENTION AND DETECTION

A close study of any fraud in bank reveals many common basic features. There may have been negligence or dishonesty at some stage, on part of one or more of the bank employees. One of them may have colluded with the borrower. The bank official may have been putting up with the borrower’s sharp practices for a personal gain. The proper care which was expected of the staff, as custodians of banks interest may not have been taken. The bank’s rules and procedures laid down in the Manual instructions and the circulars may not have been observed or may have been deliberately ignored.

Bank frauds are the failure of the banker. It does not mean that the external frauds do not defraud banks. But if the banker is upright and knows his job, the task of defrauder will become extremely difficult, if not possible.

Detection of Frauds

Despite all care and vigilance there may still be some frauds, though their number, periodicity and intensity may be considerably reduced. The following procedure would be very helpful if taken into consideration:

1. All relevant data-papers, documents etc. Should be promptly collected. Original vouchers or other papers forming the basis of the investigation should be kept under lock and key.

2. All persons in the bank who may be knowing something about the time, place a modus operandi of the fraud should be examined and their statements should be recorded.

3. The probable order of events should thereafter be reconstructed by the officer, in his own mind.

4. It is advisable to keep the central office informed about the fraud and further developments in regard thereto.

Classification of Frauds and Action Required by Banks

The Reserve Bank of India had set-up a high level committee in 1992 which was headed by Mr. A… Ghosh, the then Dy. Governor Reserve Bank of India to inquire into various aspects relating to frauds malpractice in banks. The committee had noticed/observed three major causes for perpetration of fraud as given hereunder:

1. Laxity in observance of the laid down system and procedures by operational and supervising staff.

2. Over confidence reposed in the clients who indulged in breach of trust.

3. Unscrupulous clients by taking advantages of the laxity in observance of established, time tested safeguards also committed frauds.

In order to have uniformity in reporting cases of frauds, RBI considered the question of classification of bank frauds on the basis of the provisions of the IPC.
Given below are the Provisions and their Remedial measures that can be taken.

1. Cheating (Section 415, IPC)

Remedial Measures.

The preventive measures in respect of the cheating can be concentrated on cross-checking regarding identity, genuineness, verification of particulars, etc. in respect of various instruments as well as persons involved in encashment or dealing with the property of the bank.

2. Criminal misappropriation of property (Section 403 IPC).

Remedial Measure

Criminal misappropriation of property, presuppose the custody or control of funds or property, so subjected, with that of the person committing such frauds. Preventive measures, for this class of fraud should be taken at the level the custody or control of the funds or property of the bank generally vests. Such a measure should be sufficient, it is extended to these persons who are actually handling or having actual custody or control of the fund or movable properties of the bank.

3. Criminal breach of trust (Section 405, IPC)

Remedial Measure

Care should be taken from the initial step when a person comes to the bank. Care needs to be taken at the time of recruitment in bank as well.

4. Forgery (Section 463, IPC)

Remedial Measure

Both the prevention and detection of frauds through forgery are important for a bank. Forgery of signatures is the most frequent fraud in banking business. The bank should take special care when the instrument has been presented either bearer or order; in case a bank pays forged instrument he would be liable for the loss to the genuine costumer.

5. Falsification of accounts (Section 477A)

Remedial Measure

Proper diligence is required while filling of forms and accounts. The accounts should be rechecked on daily basis.

6. Theft (Section 378, IPC)

Remedial Measures

Encashment of stolen’ cheque can be prevented if the bank clearly specify the age, sex and two visible identify action marks on the body of the person traveler’s cheques on the back of the cheque leaf. This will help the paying bank to easily identify the cheque holder. Theft from lockers and safe deposit vaults are not easy to commit because the master-key remains with the banker and the individual key of the locker is handed over to the costumer with due acknowledgement.

7. Criminal conspiracy (Section 120 A, IPC)

In the case of State of Andhra Pradesh v. IBS Prasad Rao and Other, the accused, who were clerks in a cooperative Central Bank were all convicted of the offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired together to defraud the bank by making false demand drafts and receipt vouchers.

8. Offences relating to currency notes and banks notes (Section 489 A-489E, IPC)
These sections provide for the protection of currency-notes and bank notes from forgery. The offences under section are:

(a) Counterfeiting currency notes or banks.

(b) Selling, buying or using as genuine, forged or counterfeit currency notes or bank notes. Knowing the same to be forged or counterfeit.

(c) Possession of forged or counterfeit currency notes or bank-notes, knowing or counterfeit and intending to use the same as genuine.

(d) Making or passing instruments or materials for forging or counterfeiting currency notes or banks.

(e) Making or using documents resembling currency-notes or bank notes.

Most of the above provisions are Cognizable Offenses under Section 2(c) of the Code of Criminal Procedure, 1973.

FRAUD PRONE AREAS IN DIFFERENT ACCOUNTS

The following are the potential fraud prone areas in Banking Sector. In addition to those areas I have also given kinds of fraud that are common in these areas.

Savings Bank Accounts

The following are some of the examples being played in respect of savings bank accounts:

(a) Cheques bearing the forged signatures of depositors may be presented and paid.

(b) Specimen signatures of the depositors may be changed, particularly after the death of depositors,

(c) Dormant accounts may be operated by dishonest persons with or without collusion of bank employees, and

(d) Unauthorized withdrawals from customer’s accounts by employee of the bank maintaining the savings ledger and later destruction of the recent vouchers by them.

Current Account Fraud

The following types are likely to be committed in case of current accounts.

(a) Opening of frauds in the names of limited companies or firms by unauthorized persons;

(b) Presentation and payment of cheques bearing forged signatures;

(c) Breach of trust by the employees of the companies or firms possessing cheque leaves duly signed by the authorized signatures;

(d) Fraudulent alteration of the amount of the cheques and getting it paid either at the counter or though another bank.

Frauds In Case Of Advances

Following types may be committed in respect of advances:

(a) Spurious gold ornaments may be pledged.

(b) Sub-standard goods may be pledged with the bank or their value may be shown at inflated figures.
(c) Same goods may be hypothecated in favour of different banks.

LEGAL REGIME TO CONTROL BANK FRAUDS

Frauds constitute white-collar crime, committed by unscrupulous persons deftly advantage of loopholes existing in systems/procedures. The ideal situation is one there is no fraud, but taking ground realities of the nation’s environment and human nature’s fragility, an institution should always like to keep the overreach of frauds at the minimum occurrence level.

Following are the relevant sections relating to Bank Frauds

Indian Penal Code (45 of 1860)

(a) Section 23 “Wrongful gain”.-

“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

(b) “Wrongful loss”

“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
(c) Gaining wrongfully.

Losing wrongfully-A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

(d) Section 24. “Dishonestly”

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

(e) Section 28. “Counterfeit”

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

BREACH OF TRUST

1. Section 408- Criminal breach of trust by clerk or servant.

2. Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.

3. Section 416- Cheating by personating

4. Section 419- Punishment for cheating by personation.

OFFENSES RELATING TO DOCUMENTS

1) Section 463-Forgery

2) Section 464 -Making a false document

3) Section 465- Punishment for forgery.

4) Section 467- Forgery of valuable security, will, etc

5) Section 468- Forgery for purpose of cheating

6) Section 469- Forgery for purpose of harming reputation

7) Section 470- Forged document.

8) Section 471- Using as genuine a forged document

9) Section 477- Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

10) Section 477A- Falsification of accounts.

THE RESERVE BANK OF INDIA ACT, 1934

Issue of demand bills and notes Section 31.

Provides that only Bank and except provided by Central Government shall be authorized to draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person

THE NEGOTIABLE INSTRUMENTS ACT, 1881

Holder’s right to duplicate of lost bill Section 45A.

1. The finder of lost bill or note acquires no title to it. The title remains with the true owner. He is entitled to recover from the true owner.

2. If the finder obtains payment on a lost bill or note in due course, the payee may be able to get a valid discharge for it. But the true owner can recover the money due on the instrument as damages from the finder.

Section 58

When an Instrument is obtained by unlawful means or for unlawful consideration no possessor or endorse who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, accept or holder, or from any party prior to such holder, unless such possessor or endorse is, or some person through whom he claims was, a holder thereof in due course.

Section 85:

Cheque payable to order.

1. By this section, bankers are placed in privileged position. It provides that if an order cheque is endorsed by or on behalf of the payee, and the banker on whom it is drawn pays it in due course, the banker is discharged. He can debit his customer with the amount so paid, though the endorsement of the payee might turn out to be a forgery.

2. The claim protection under this section the banker has to prove that the payment was a payment in due course, in good faith and without negligence.

Section 87. Effect of material alteration

Under this section any alteration made without the consent of party would be void. Alteration would be valid only if is made with common intention of the party.

Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offense and shall, without prejudice.

Section 141(1) Offenses by companies.

If the person committing an offense under Section 138 is a company, every person who, at the time the offense was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.

SECURITY REGIME IN BANKING SYSTEM

Security implies sense of safety and of freedom from danger or anxiety. When a banker takes a collateral security, say in the form of gold or a title deed, against the money lent by him, he has a sense of safety and of freedom from anxiety about the possible non-payment of the loan by the borrower. These should be communicated to all strata of the organization through appropriate means. Before staff managers should analyze current practices. Security procedure should be stated explicitly and agreed upon by each user in the specific environment. Such practices ensure information security and enhance availability. Bank security is essentially a defense against unforced attacks by thieves, dacoits and burglars.

PHYSICAL SECURITY MEASURES-CONCEPT

A large part of banks security depends on social security measures. Physical security measures can be defined as those specific and special protective or defensive measures adopted to deter, detect, delay, defend and defeat or to perform any one or more of these functions against culpable acts, both covert and covert and acclamation natural events. The protective or defensive, measures adopted involve construction, installation and deployment of structures, equipment and persons respectively.

The following are few guidelines to check malpractices:

1. To rotate the cash work within the staff.

2. One person should not continue on the same seat for more than two months.

3. Daybook should not be written by the Cashier where an other person is available to the job

4. No cash withdrawal should be allowed within passbook in case of withdrawal by pay order.

5. The branch manager should ensure that all staff members have recorder their presence in the attendance registrar, before starting work.

Execution of Documents

1. A bank officer must adopt a strict professional approach in the execution of documents. The ink and the pen used for the execution must be maintained uniformly.

2. Bank documents should not be typed on a typewriter for execution. These should be invariably handwritten for execution.

3. The execution should always be done in the presence of the officer responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style throughout the documents.

5. Unless there is a specific requirement in the document, it should not be got attested or witnessed as such attestation may change the character of the instruments and the documents may subject to ad volrem stamp duty.

6. The paper on which the bank documents are made should be pilfer proof. It should be unique and available to the banks only.

7. The printing of the bank documents should have highly artistic intricate and complex graphics.

8. The documents executed between Banker and Borrowers must be kept in safe custody,

CHANGES IN LEGISLATION AFTER ELECTRONIC TRANSACTIONS

1. Section 91 of IPC shall be amended to include electronic documents also.

2. Section 92 of Indian Evidence Act, 1872 shall be amended to include commuter based communications

3. Section 93 of Bankers Book Evidence Act, 1891 has been amended to give legal sanctity for books of account maintained in the electronic form by the banks.

4. Section 94 of the Reserve Bank of India Act, 1939 shall be amended to facilitate electronic fund transfers between the financial institutions and the banks. A new clause (pp) has been inserted in Section 58(2).

RECENT TRENDS OF BANKING SYSTEM IN INDIA

In the banking and financial sectors, the introduction of electronic technology for transactions, settlement of accounts, book-keeping and all other related functions is now an imperative. Increasingly, whether we like it or not, all banking transactions are going to be electronic. The thrust is on commercially important centers, which account for 65 percent of banking business in terms of value. There are now a large number of fully computerized branches across the country.

A switchover from cash-based transactions to paper-based transactions is being accelerated. Magnetic Ink character recognition clearing of cheques is now operational in many cities, beside the four metro cities. In India, the design, management and regulation of electronically-based payments system are becoming the focus of policy deliberations. The imperatives of developing an effective, efficient and speedy payment and settlement systems are getting sharper with introduction of new instruments such as credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We are moving towards smart cards, credit and financial Electronic Data Interchange (EDI) for straight through processing.

Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001

Further the Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001 was introduced in Parliament to curb the menace of Bank Fraud. The Act was to prohibit, control, investigate financial frauds; recover and restore properties subject to such fraud; prosecute for causing financial fraud and matters connected therewith or incidental thereto.

Under the said act the term Financial Fraud has been defined as under:

Section 512 – Financial Fraud

Financial frauds means and includes any of the following acts committed by a person or with his connivance, or by his agent, in his dealings with any bank or financial institution or any other entity holding public funds;

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The active concealment of a fact by one having knowledge or belief of the fact;

3. A promise made with out any intention of performing it;

4. Any other act fitted to deceive;

5. Any such act or omission as the law specially declares to be fraudulent.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraud or enters into any transaction which is related to proceeds of fraud either directly or indirectly or conceals or aids in the concealment of the proceeds of financial fraud, commits financial fraud.

513(a) – Punishment for Financial Fraud

Whoever commits financial fraud shall be: (a) Punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine.

(b)Whoever commits serious financial fraud shall be punished with rigorous imprisonment for a term which may extend to ten years but shall not be less than five years and shall also be liable for fine up to double the amount involved in such fraud.

Provided that in both (a) and (b) all funds, bank accounts and properties acquired using such funds subjected to the financial fraud as may reasonably be attributed by the investigating agency shall be recovered and restored to the rightful owner according to the procedure established by law.

CONCLUSION

The Indian Banking Industry has undergone tremendous growth since nationalization of 14 banks in the year 1969. There has an almost eight times increase in the bank branches from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial banks, of which 66 banks are in private sector.

It was the result of two successive Committees on Computerization (Rangarajan Committee) that set the tone for computerization in India. While the first committee drew the blue print in 1983-84 for the mechanization and computerization in banking industry, the second committee set up in 1989 paved the way for integrated use of telecommunications and computers for applying technogical breakthroughs in banking sector.

However, with the spread of banking and banks, frauds have been on a constant increase. It could be a natural corollary to increase in the number of customers who are using banks these days. In the year 2000 alone we have lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of loans & advances, there are any numbers of cases that are not reported. There were nearly 65,800 bank branches of a total of 295 commercial banks in India as on June 30, 2001 reporting a total of nearly 3,072 bank fraud cases. This makes nearly 10.4 frauds per bank and roughly 0.47 frauds per branch.

An Expert Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) submitted its Report to RBI in September 2001. The Committee examined and suggested both the preventive and curative aspects of bank frauds.

The important recommendations of the Committee include:

o A need for including financial fraud as a criminal offense;

o Amendments to the IPC by including a new chapter on financial fraud;

o Amendments to the Evidence Act to shift the burden of proof on the accused person;

o Special provision in the Cr. PC for properties involved in the Financial Fraud.

o Confiscating unlawful gains; and preventive measures including the development of Best Code Procedures by banks and financial institutions.

Thus it can be concluded that following measures should necessarily be adopted by the Ministry of Finance in order to reduce cases of Fraud.

o There must be a Special Court to try financial fraud cases of serious nature.

o The law should provide separate structural and recovery procedure. Every bank must have a domestic inquiry officer to enquirer about the civil dimension of fraud.

o A fraud involving an amount of ten crore of rupees and above may be considered serious and be tried in the Special Court.

The Twenty-ninth Report of the Law Commission had dealt some categories of crimes one of which is “offenses calculated to prevent and obstruct the economic development of the country and endanger its economic health.” Offenses relating to Banking Fraud will fall under this category. The most important feature of such offenses is that ordinarily they do not involve an individual direct victim. They are punishable because they harm the whole society. It is clear that money involved in Bank belongs to public. They deposit there whole life’ security in Banks and in case of Dacoity or Robbery in banks the public will be al lost. Thus it is important that sufficient efforts should be taken in this regard.

There exists a new kind of threat in cyber world. Writers are referring it as “Salami Attack” under this a special software is used for transferring the amount from the account of the individual. Hence the culprits of such crimes should be found quickly and should be given strict punishment. Moreover there is requirement of more number of IT professionals who will help in finding a solution against all these security threats.

Practical Home Ideas – Modern Home Furniture

Quality and affordability does not usually come hand in hand in almost all things. For one to get good quality things, most likely he or she needs to spend a lot. But that is not always the case when it comes to furniture. People who do not have that big of a budget now have the chance to still get the design that they want for their homes without going over their budget. A lot of great quality furniture are sold by different furniture shops these days at very reasonable prices. Now that is very good news especially that almost all people are now doing everything they can just to stretch their budgets. Home enhancements are often associated with high expenses. But that could be a thing of the past now that one could buy a stylish and modern bedroom furniture at a very low cost.

Modern home furniture sets come in different designs and even in different colors as well. People can further increase their savings when decorating their homes since making use of these great-looking furniture would no longer require them to buy other expensive decorating materials to enhance the appearance of their homes. Just the furniture themselves would already be enough as a complement to the structure and design of the house. That gives an added benefit for all since functionality could now be combined with style through the use of modern furniture. A simple and modern glass coffee table could be used just like an accessory only that it has more purpose.

Modern furniture is also not that hard to find nowadays since a lot of shops are now selling them. Buyers would have a wide variety of designs to choose from. They get to compare different rates, quality of materials used, and the overall functionality. They also come in a wide variety so there would always be one that would be ideal for all members of the family may it be adults or children, male or female. Different price ranges are also made available so you really do not have to spend much in order to get the right one for your needs. Visit different websites or call different stores to check out what they have and for you to choose and plan which one to get.

Almost any type of sets are available out there in the market so people no need to worry about getting the right one for different parts of the house. There are modern sofas for the living room, different types of cabinets for the kitchen, beds with new designs, and many more. All that you need to do is to invest a little of your time in checking out different furniture available and determine which one would fit your home design. With these benefits offered by modern home furniture, making use of them to complement the design of your home is definitely a great idea. People could now be more practical without sacrificing the design and the quality of their home furniture.

Avail Your Transfer Needs From Taxi Services

Airport taxi service has come a long way since they were incorporated as a part of the system and there is hardly an international traveler that can get by without the airport taxi no matter how sporadic their travel.

Airport transfers are meant to bring the journey to a befitting conclusion while heightening the expectation of the impending trip and with our airport taxi transfers the journey has never so comfortable.

In the 20th century taxis to airports were the most beautiful contraptions you ever saw and although these taxi transfers were effective for the period the client may not have experienced anything out of the ordinary except that they got to the destination in one piece.

History aside our modern fleet offers the client convenient airport transfers and the wide array of taxi van services to choose only serves as a reminder that this taxi transfer is the top-notch.

These airport taxi services are also on hand to transport individuals from Gatwick to their final location in a luxurious manner. This gives the punter options that may not have previously been open and with the alternative of a taxi van service at your disposal the client is surely spoiled for choice.

When looking for a taxi transfer the patron is sure to be inundated with copious alternatives but for paramount service our taxis services are the cream of the crop and will move you effortlessly form one locale to the other.

On the other hand there is the Gatwick taxi that is sure to suit your fancy no matter how specific your requirements. All these taxi services are within reach for the discerning client that would like to have a taxi service fit for royals.

This UK airport taxi is the favored option for the first time or repeat visitor to this city and whenever there is the need for a quick trip to or from the aerodrome these taxi transfer services are well worth it both in terms of panache and comfort.

For taxi services that are sure to leave a positive and lasting memory these mini cabs are surely the only way to travel.

Learning English From Home

Learning a new language can be difficult and overwhelming, even when the language is a popular one. Many people hope to learn English through different ways of learning as a way to increase opportunities and job related skills, while others simply want to improve upon their personal knowledge. Different people learn best in different methods. Some people learn quickly by reading books themselves because they have better ability to process the information and remember it. Others might do it better when they go in a group. They can share and discuss more knowledge and gain new ideas with the teacher and friends. Some people even do better when they are alone because they don’t need somebody every time to practice. You can speak English on your own. Out of all the above options, learning English from home is the best option because it gives flexibility to learn at any convenient time.

So if you do not have adequate time to go out somewhere, but still you want to learn it anyhow, then learning English at home is the best option. Whether you are a complete beginner of the language or you already have a little knowledge of the English language, its possible to learn English at home no matter where you live. This type of English language learning will maximize your progress in English, in the shortest period of time, & that too in a relaxed and hospitable environment.

There are many advantages for choosing to learn English at home:

  • It will give you the options of different learning methods like online English learning websites, English learning kits, Podcasts etc.
  • You get flexible and hassle free learning sessions with it. Here you don’t need to plan your schedule or spend your time in going to a coaching class. You have complete convenience of choosing your own time and place for learning.
  • You are not dependent on anyone for your learning. You learn independently, which not only makes you independent but also increases your self confidence.
  • It allows the whole family as well as friends to learn using the same material. This is cost effective & furthermore it also provides flexible learning to everyone.
  • You can use these learning from home material anytime throughout your life. You can revise your learning even after a couple of months or years of your learning.

There are different ways of learning English at home. But the most important aspect is to stay motivated and practice regularly, so that you can improve your language skills. Different ways to learn English at home are:-

Books/Websites/English learning kits

To speak fluent English, you need to understand the rules of grammar. You can learn these through a book or a website or an English learning kit that specializes in teaching English. If possible, choose a resource that includes explanations in your native language. English learning kits are a huge success these days. With these, learning English has become absolute fun! These interactive English learning kits allow you to practice vocabulary as per your own time & convenience.

Flash Cards

Create flash cards that are relevant to the type of English that you wish to learn. For example, if you’re studying English for business, you’ll need to know English words that relate to business. Review the cards on a daily basis. This is a good way to build your vocabulary words.

Watching English movies

If you are a fan of English movies, then learning English can be more than fun. Learning English by watching movies is learning by input, which is both enjoyable & motivational. You learn a lot of things from watching English movies such as – pronunciation, vocabulary, style, intonation even western culture, habit etc.

Podcasts

Listening to others speak English is an essential skill. You can improve listening skills through Podcasts, which you can listen to on your Mp3 player. Start with Podcasts created for non- English speakers, which will include slow, clear language. As your skills improve, you can start listening to Podcasts on topics that interest you

Out of the several options available, it’s up to to the learner which learning method he/she wants to adopt to learn the language but one thing you should always keep in mind that whatever learning method you choose, you should be self motivated.

So learn English by staying at home & boost your confidence in your work & social life.

Take Care of Your Gold Watches

The luster and warm tone of gold never appears to go off out of fashion and style. Rather with the years, it has become more appealing choice for the jewelry buyers and designers. Gold is the softest metal and if kept with proper care, it lasts forever. This is the reason that there has been much demand for the gold watches too.

To enhance the strength and durability of the gold watches, several other metals are included, such as silver and copper. The buoyancy of gold watches is calculated from its karat measure, which usually ranges from ten karats to twenty-four karats or sometimes pure gold. The pure gold watches are much more valuable and are superior in comparison to any other metal.

It is essential to take special precautions in order to prevent gold watches from getting dented or even scratched. Always remember not to put on the gold watches against other gems or metals since the friction between them may result in impressions and nicks. Gold watches are specifically susceptible to dents and scratches because of the reality that the gold watches are put over the wrist. Gold watches get easily damaged by certain hard gems like the diamonds, thereby it is an ideal option to store the gold watches separately from various other jewelry pieces. Another good option is to keep these gold watches in soft pouches.

Chemicals are harmful for gold watches, particularly chlorine that can deteriorate its structure. Therefore, while going in the swimming pools or the hot tubs, always take out your gold watch. In addition, one should also remove it prior to going for shower or bath in order to prevent the soap residue, which further could dull the gold watch. One must place Gold watches at a safer place while cleaning or applying hairspray, makeup or even perfume. Eventually, even perspiration can cause gold watches to lack luster.

Large numbers of jewelers recommend cleaning the gold watches once in a month in order to maintain their new and novel look. In order to clean gold watches, apply a solution made with well diluted detergent (liquid) and luke warm water.  Softly clean the watch from a soft clean cloth or use the infant toothbrush. Rinse it thoroughly and carefully, and dry it with a polishing cloth or chamois. While cleaning, make sure to avoid contact of water with the inner components and the face of the gold watch.

The commercial gold watch cleaners are easily accessible in the marketplace but ensure that they are specifically intended for the gold watches. To plan a professional gold watch cleaning, it is feasible to go to a local or nearby jewelry store.

When it comes to your precious possessions like gold watches, it must be taken off at the time of performing any task or movement, as any jerk can produce a great amount of friction. Gold watches are valuable and must be kept far away from small gaps and drains at home or a secure place. One must be very cautious of the safety of watches, especially at the time of attending spa or a gym.

Gold is priceless metal, which exudes lavishness and depreciates rarely. By taking care of essential precautions to maintain its luster, gold watches can become a part of your valuable jewelry collection, which will last for many years to come.

Wholesale Accessories – Bangles For Different Fashion Style

Wholesale accessories give delight to a lot of people these days especially for women. These accessories will complete their fashion style but will not make them spend too much money on them. And since they are in wholesale, women will get several pieces of accessories.

Home designs may be focused on minimalist style but it is the other way around for fashion as they would now use elaborate styles. Elaborate in a sense that they would use large items as accessories whether they are wearing branded items or wholesale clothes. Examples of these accessories that can give a statement in terms of fashion are bangles.

Bangles are just like bracelets but they tougher in construction. You will not secure those using clips or latches but will just make it fit as full wrist accessory. These days, they come in a wide variety of design that you can pair with whatever fashion style you have.

First, you will get these bangles in metallic colors. The good thing about this color is that it will match a more corporate look. The metallic colors of these bangles will give an effect like watches on your wrists. Throughout the years, the shiny colors of watches give additional look and impression to everyone’s personal style especially when it comes to corporate clothing. Aside from corporate look, these bangles are also good for formal clothing like dresses especially for those with black colors. The blend of this color with the metal finish can look stunning and high fashion.

The next types of bangles are those with pastel colors. These colors can either be shiny or not but the colors are made with colors that are light for everyone’s eyes to see. This bangle is suitable casual clothing. The combination of clothes and the color of the bangle will give it women the best fashion statement that they can have for their daily use.

Finally, there are bangles that instead of having solid color have lace like design. The good thing about this style can give another meaning to fashion because of its overall look. The design will be perfect either for suitable casual wear or more of a high fashion style. The lace effect will be a good combination for some dresses especially those used for daily clothing.

In getting these bangles, you are presented with options like having perfect circular shape while others may have contours that will also contribute to your fashion statement. These bangles are sold by wholesale accessories suppliers so you can complete your accessory set. Choose in getting mixed lots or not as long as the provider sells it on their store. This will help you get more value for your money and mix them with your clothes in different ways.

Overall, these bangles are known accessories in fashion throughout the years. As long as you match them properly, you will make them work with your style even if you just obtain wholesale clothes as it doesn’t mean that things should be expensive to be fashionable.