As the only person I know that knows about Twilight, I have a bizarre and strange question. I am sorry.

Question: in twilight, can 2 vampires have a child together? What about a vampire and a human? If they can have a child, will the child age?

With regrets,

-⚙️

No need to apologize! Fortunately for you, book 4 (breaking dawn) spends a significant amount of time answering these exact questions in canon!!

Can 2 vampires have a child together? No. The body needs to change to accommodate a baby/pregnancy, and vampire bodies are incapable of change. If it was possible, Rosalie would've found a way

Can a vampire and a human have a child? Yes, certain pairings! If the human is capable of getting pregnant, and the vampire is capable of impregnating (which just means they were capable of impregnating as a human), then a vampire can impregnate a human. This is how Edward and Bella have a kid together, Renesmee :)

Will the child age? Yes, and this is a big problem in book 4. A vampire-human hybrid will age rapidly, pregnancy lasting about a month, and then speeding through human developmental milestone and stages, reaching physical maturity in 7 years (they're born with an adult mental capacity). At that point, however, the speed tapers off and they remain unchanging and immortal like a vampire--though they are not identical to vampires; their human attributes do affect them. For example: only male hybrids are venomous, their skin isn't as sparkly and then can blend in in sunlight, they have circulatory systems and normal eye colors, and they can live off both blood and human food. However, they are incredibly fast and strong like vampires, and smarter than any human.

Hybrids are, however, incredibly rare. It takes significant self restraint for a vampire to impregnant a human without losing control and feeding on them--and very very few (2 people) are even willing or motivated to try. And of 5 known hybrids, only 1 has been birthed without killing her mother (they have a habit of bursting through the stomach and feeding on their carrier); in order to survive, the carrier must be turned into a vampire as well, as there's simply no other way to survive the injuries of the birth.

And to be clear: a vampire-human hybrid is very different from an immortal child. An immortal child is a human child transformed the traditional way via venom, which completely freezes them in time as an unchanging child. This is highly illegal because immortal children cannot develop past their transformation age, cannot mature, and yet have all the strength and power of a normal vampire, making them incapable of protecting the secrecy of vampire existence. Imagine a toddler who can level entire villages with a temper tantrum. The technical age of a child in this situation is iffy, but I'd say generally 10 and below is bad.

I hope that helps with whatever you need to info for!

So let’s say you’re now in charge of creating a Spider-Man TV Series, as many seasons and episodes you want, as long as it remains genuinely faithful to the comics; Peter gets his powers when he’s 17, only Flash and Liz are with him in high school, ect, and ending it all with a Revelations like series finale. You’re allowed to streamline some things now that there’s the benefit of hindsight. You’re also allowed to be as faithful to the comics as possible. What do you create?

Lol I’ve been planning this for like 15 years. Currently I’d do this. 12 seasons 26 episodes each, and 3 movies.

 I’d play it as a biography of Peter’s life from the day he became Spidey to the day he stopped, with a mind of making a version of the MC2 universe the canonical future for this version of Spidey. I’d set it in the 1960s as depicted by Ditko but have the technology and fashions change to broadly speaking reflect the time periods that Peter spent parts of his life in. In other words his high school episodes will be set in what looks like the 1960s, Gwen would die in what would look like the early 1970s and he’d get married in what would look like the late 1980s. But cultural references would be kept to a minimal. Effentivly it’d be set in a world where fashions and technology happened to occur way more quickly thanin the real life, so 1962-1998’s fashions and technologies all happened but across like 12 years.

 Also I’d have Peter’s look change. He’d start out with the Coke bottle glasses and keep them throughout season 1, and he’d have a black and red costume, complete with a big blue spider on his back and web pits. The idea being this is a rookie spidey who’s awkward and not yet become the Spidey we perhaps recognize. He’d sell his glasses in the final episodes and get his costume wrecked in the finale, requiring him to make a new one, the classic Romita Senior outfit minus the web pits. He’d keep that until he got his black suit which would be modelled on Frenz’ take upon it. the cloth Black suit would have more of a McFarlane influence with huge eyes. MJ would make him a new red+blue costume before his first big showdown with Venom which would resemble the McFarlane/Bagley 90s look. Obviously Scarlet Spider’s look would be modelled on Bagley’s design, Spider-Ben on Romita Jr’s and his final outfit would be modelled on Romita Jr’s too. And Sal Buscema’s take would be the outfit worn by Flash when he pretends to be Spider-Man.

 Movie 1: Amazing Fantasy: The Birth of Spider-Man: The origin, MAYBE rounded off with ASM #1’s plot.

 Season 1: Basically everything up to when he graduated with every issue serving as an episode. I’d omit guest appearances like the F4, the Torch, DD, the Circus of Crime. I’d supplant the ASM #5’s plot with one about Jason Macendale armed with tech abducting Flash when he’s dressed as Spidey. He’d be a stand in for the Headman from Untold Tales and the episode would end with his mysterious boss speaking to Spidey remotely through a camera. This would of course be the Goblin who I’d have debut in what was his second appearance hijacking the Spidey fan club. I’d have Doc Ock unmasking Spidey end that episode and have most of it dedicated to Betty Brant’s origin told in flashbacks as she’s abducted. I’d do Spider-Man No More here, combining it with ASM #18’s plot line as it’d redundant to have him quit in big ways twice. So one episode would be ASM #18’s plot with bits of ASM #50 mixed in, ending with him throwing away his suit. Then the next episode would be about his Spidey free life before he triumphantly returns. The Molten man episodie would end with Aunt May collapsing rather than Spidey graduating.

This would lead directly into the MP Trilogy’s main storyline but to spice things up the Master Planner would hire some of Spider-Man’s villains as extra obstacles in his way, thus we’d adapt the original Sinister Six story too. The last episode would end with Peter graduating and then sitting alone to make a new suit. Also Betty would leave town.

 Season 2: It’d kick off with a recovered Peter starting college and someone hiring Kraven to go after Spidey like in ASM #34. The key difference here being that Kraven dons Spider-man’s old costume and when Spidey finally shows up to deal with him he’s sporting his new red and blue Romita Sr threads. Then we’d get the Robot Master stuff, the first Rhino story and a few other stories before around episode 6 or 7 getting to the Goblin unmasking Spider-Man and revealing himself as Norman. I’d have Norman seriously injured to the point where Spider-Man has to save him or else he’d die. He’d sweat about Norman knowing the truth like in Spider-Man: Blue before finding out Norman has amnesia and that most people don’t recover their memories. Seeing how happy Harry is, he decided to let it go and give Norman a chance. The rest of the season is basically adapting the big Romita era stories (sans Spider-Man No More of course), with an emphasis on Kingpin and fewer Doc Ock stories. POSSIBLY I might do Doc Ock’s origin from Unlimited #3 here, I dunno. It’d either be here or next season though. The season would wrap up with George Stacy’s death and with Gwen leaving.

 Also I’d foreshadow a little that Norman has a healing factor via his speedy recovery.

 Also, also, rather than space spores creating Colonel Jupiter, I’d have it be the Moon Gem that actually turned him into man-Wolf. It’d be an artefact he’d bring back from the moon and it’d increase his strength and affect his mind so that he’d desire to have the gem for some unknown reason (we’ll find out later).

 Season 3: This would be half a team up season, introducing characters from the Marvel Universe who’re relevant to Spider-Girls’ stories, so the F4, Daredevil, Ghost Rider, Doctor Strange, Spider Woman, Arana, Julia Carpenter, the Avengers, the X-Men, etc. It’d begin with Peter heading to London to find Gwen and inadvertently winding up in a team up, I’ve not figured out with whom yet (maybe Ice Man and Firestar for funsies, MAYBE Excalibur so we’d get Spider Phoenix????), anyway it’d adapt ASM #95 in any case. Then we’d go to the drug trilogy but I’ve not yet decided how to handle this. On the one hand it’s iconic. On the other it’s questionable by modern standards to have Peter see Norman remember the truth and then just let him go on, hoping he doesn’t remember. Maybe you could play it as him being worried that turning Norman in could trigger his memory, I dunno. I feel you could swap out the action part of the story with something else, provided you kept all the Harry drug stuff the same, and maybe had the story be about Norman STARTING to remember and unravel. When peter goes to him for a job though he’d catch a glimpse of a weird painting, depicting the Scriers and Norman would give a little background on their alleged history.

I’d also have the Six Arm Saga and debut of Morbius happen here, but link it in with some illegal genetic experiments someone within ESU is doing on the side for the mob. These experiments would lead to the creation of Vermin who owns Spidey’s ass until he’s saved by someone at the end of the episode. After Vermin beats a retreat, that someone helps Spidey up and it’s Captain America! Cue an ep of Spidey and Cap on the helicarrier with Chameleon using Artificial Life similicra to infiltrate it. Cap is abducted at the end of this episode and the Avengers show up accusing Spider-Man of it. Cue the next 2 episodes where Spider-Man teams up with the Avengers to take on the Hulk in Canada and Seth, the Serpent God of Death. This would then lead into the final 2 episodes which I’ll get to in a moment.

Also in this season I’d have a two part team up with Spidey and Spider Woman. Madame Web would summon them and reveal she is a member of the Spider Clan. Her granddaughter Anya Corazon, has been abducted by the Tarantula clan and Peter and Jess need to rescue her. This would allow Spidey to meet Madame Web, Jessica Drew and Anya of course and foreshadow the Black Tarantula. The Tarantula Clan’s outfits would resemble Julia Carpenter’s Spider Woman and Arachne outfits. This would lead to a ‘filler’ ep about Spider-Man fixing his suit and daydreaming about other costumes and powers he could have. This would be an excuse to pay homage to the Spider Armour, Captain Universe and a few other classic outfits for Spider-Man. the episode would end with him tossing away a doodle of the black costume inspired by his previous adventure. Later we’d get Nothing Can Stop the Juggernaut but the story would end with the X-Men showing up. The episode after that would be a Spidey/X-Men team up but Mastermind would mind control them into fighting, thus we’d get Spider-Man vs. the X-Men like Secret Wars #3

 The final 2 eps would be the Death of Gwen Stacy. I’d keep this pretty much the same but with the exception of having Gwen awake and trying to escape. The moments just before she’s knocked off the bridge Peter would try to earn her trust by starting to unmask.

 Season 4: It’d kick off with the Jackal hiring Punisher to take out Spider-Man. Apart from that it’d be basically ASM #123-149, all about Peter grieving Gwen, falling in love with MJ, etc. I would cut some of the dumber stuff out though and condense some multi-parters into single stories. I’d whack in some team ups for good measure too as MTU was around at this time. One major change I’d make is that I’d have Man-Wolf show up as a result of similar experiments that created Vermin and ditch the moon gem stuff. However, Man-Wolf would eventually go after the Moon gem but it’s energies would in fact revert him to normal. The clprit behind Man-wolf and Vermin would be revealed as Miles Warren.

 One smaller change I’d make would be to omit ASM #150. It’s a great issue but it’s not a great season finale like ASM #149 would be. BUT I’d keep the MJ scene from it by simply moving it to the events of ASM #149. The idea is that when the bomb hits zero, everything fades to white, Peter would wake up amidst debris, when Gwen asks how he knows he’s the real one, he’d respond that ‘he just knows’. Later as he’d be approaching his apartment we’d get a flashback revealing that he was thinking of MJ as the bomb hit zero and so he couldn’t be the clone. Cue him finding MJ in the apartment, end season.

Season 5: Basically the Len Wein run with a dash of Marv Wolfman. It’d wrap up with a combination of 3 Wolfman era stories. MJ proposing to MJ, Spidey vs. the Burglar from ASM #200 and finally Peter graduating. A major change would be that MJ would literally leave town immediately after rejecting Peter, and it’d be a break up not just a rejection. But we the audience would see a private moment with MJ where we can tell she wasn’t nearly as casual about it as she let on.

 Movie 2: Mayhem in Manhattan: Mid way through the season I’d adapt this Spider-Man novel into another animated film.

 Season 6: It’d kick off with Spider-Man meeting Black Cat. The season really would be about Peter dating different people casually and more seriously. Deb Whitman, Cissy Ironwood, etc. He’s work for the Daily Globe and start Grad school. The season finale would be the Owl/Octopus War ending with Felicia seriously injured and Peter ripping out Otto’s arms as a result. The season would end with Spider-Man and Black Cat now an item. But I’d omit the events of Spec #77-79. Also at the Daily Globe Peter would meet and work with Eddie Brock.

 Season 7: It’d start with the debut of the Hobgoblin, cover Felcia’s recovery, gaining new powers (from other people continuing Warren’s experiments with animal DNA), MJ’s return, Peter dropping out of Grad school, MJ’s big reveal and origin, and culminate in Peter and Black Cat breaking up and Kingpin leaving NYC. The Kingpin battle would be taken from Wolfman’s run moreso than Spec #100 because that’s just a better fight.

Of course the Alien Costume Saga would happen. I’d keep the canon stuff but add in the elements of it corrupting him, with the extra spice of Felicia actually preferring this darker Spider-Man.

Peter would get the costume differently though. Instead of Secret Wars, criminals would try and obtain the Moon Gem, which was being hosted as ESU. The fight would culminate in a Kinglsey clothing factory and as a last resort Spidy would smash the gem by throwing it into one of the machines in the factory.

Licking his wounds afterwards he’d be leaning against the conveyer belt when a tiny black ball would emerge from the shards of the Moon Gem, enlarge and when Spidey noticed it we’d recreate Secret Wars #8.

BTW, to give readers clues to the Hobgoblin’s identity I’d have him record a voice journal but with a voice changer so we get his inner thoughts sorta.

Also Jason Macendale would show back up but not as jack O’lantern.

 Season 8: It’d start with ASM #260-261, the Rose/Hobgoblin story where they abduct a pregnant Liz Allan. The season would omit a lot of irrelevant stuff like the golden notebook subplot, the Beyonder, etc. But it’d keep stuff like Crusher Hogan, When Commeth the Commuter, Web #13 and other classic stories. The three central subplots of this season would be the Ned/Flash/Betty love triangle, Peter and MJ’s ‘will they won’t they’ romance and the Hobgoblin mystery. However instead of Lance Bannon, Eddie Brock would be one of the suspects. Brock would be threatened directly by Spider-Man when he starts writing Sin Eater articles and that’s just about the only thing I’d change from the Death of Jean DeWolff storyline. Most of the real important stuff from this era (sans Doc Ocks mental breakdown) I’d keep the same with the exception of not making Jason Macendale the new Hobgoblin. After Peter and Felicia break up I’d have Betty go all Cult of Love from later in the comics before the finale being yet another way later story: Hobgoblin Lives. It’s just more logical to wrap up the Hobgoblin mystery here rather than end it badly and wait years to fix it.

 Season 9: This is kind of the least accurate season but hear me out. Okay so we start off with Peter proposing to MJ, her rejecting him, then her agreeing, just like in the comics. BUT...we don’t have them then get married. Something as huge as your protagonist’s wedding should be the first or final episode of a season, not episode 3 or 4 or even the mid-season finale. So I’d grab a load of post-wedding stories and tweak them to be about Peter and MJ as an engaged couple. The stories would be selected to somehow tie-in with their relationship. The idea is to have the couple gradually develop doubts. So we’d have Jonathan Caesar. We’d have the Drunk Spider-Man issue but with Jason Macendale now the Demogoblin (it’s just a costume no demonic stuff) instead of the Hobgoblin. MAYBE we’d even have a heavily rewritten Jason Jerome subplot. We’d have Felicia turning back up to stir up trouble as she did in the 1990s. You get the picture. Because the finale is the wedding, which is obviously light on action, the episodes before the wedding I’d finally do Venom. Venom is great at generating dynamic action set pieces so he’d kind of compensate for no action in the actual finale. Venom is also an ideal choice because this whole season is about a romantic relationship, and Venom is in a sense an ‘unholy union’ between two entities. We’d draw upon the fact that Brock’s wife left him and ASM #300’s climax happening in a church bell tower is just too perfect for the wedding theme of this season. One element I’d throw in though would be for Spidey to have his ass handed to him by Venom once only to get away. MJ makes Spidey a new red and blue costume. The idea being that in wearing Venom’s colours the colours Felicia preferred him in, the colours that don’t represent his true self, he won’t win against this dark version of himself. But the red+blues are Mj’s preferred suit, MJ’s colours and reflective of who he really is.

The season finale would be the wedding but split over 2 episodes. The first ep would end with Peter going to see Felicia the night before his wedding and MJ going off with Bruce (or maybe Jason Jerome).

The actual final episode would be them vocing their doubts and insecurities to Felicia and Jason/Bruce and through talking with them, and reflecting on the events of the season and their lives in general they realise they’re just getting jitters. If they weren’t going to go through with this they would’ve walked away a long time ago. In fact their hardships this season prove they can handle it and make it work. So they get married but in typical Parker luck fashion their ride gets caught in traffic en route to the honey moon, so they gotta web swing their way there into the sunset.

 Movie 3: Fearful Symmetry: Kraven’s Last Hunt: I briefly considered making this the opening of the next season, the season finale of the last season or the mid-season finale of the last season but it just didn’t work. It’s too iconic to change up like that it HAS to happen shortly after the wedding. Making it a movie would help sell the fact that for the first time ever we’re suddenly hearing Kraven and Vermin’s inner thoughts which would be weird to happen randomly in the middle of a season. A movie though can sort of be it’s own thing.

I wouldn’t change anything beyond adding a kind of prologue chronicling Kraven’s history up until now, who Vermin is, Peter and MJ’s marriage, Ned’s death, just some stuff that’s a small story unto itself and can allow the movie to stand on it’s own a bit more.

 Season 10: Basically this is the Harry Osborn Saga from DeMatteis’ run. I’d cut down on the Vermin stuff. Maybe I’d cut out Peter’s parents from Child Within. I dunno because I would totally do a rewritten Robot Parents story arc in this season because I think that story could be compelling if done properly. I’d just have it happen BEFORE Harry dies, which naturally would be the season finale. Also in this season we’d introduce Carnage, Tombstone, the Joe Robertson/Tombstone subplot and the Return of the Sinister Six. One thing I’d add into the latter story would be the character of Carolyn Trainer who’s quite taken with Doc Ock. Spidey and Ock would have a huge showdown adapting their battle from Spec #79 since that’s probably the best Spidey/Ock fight ever. I might also do an adaptation of Soul of the Hunter and/or Torment, both because it’s a famous Lizard story and because it’d set up Kraven’s death withint he context of the show and thus give Chameleon motivation for the Robot Parents stuff.

 Season 11: A heavily abridged and rewritten version of...the Clone Saga!

I’ve actually plotted this episode by episode. The gist is Aunt May has a stroke, Ben shows up, we introduce Carrion who busts out Carnage in exchange for some of his symbiote. Spidey fights Carnage but when they’re both affected by a poison Carrion tests out, Ben steps in to help. Venom also escapes, leading to Ben becoming Scarlet Spider. Peter is dying of the poison leading into the Web of Death story where Doc Ock cures him and Kaine then kills Otto. Web of Death could’ve been the ultimate end for Doc Ock so in a show that’s finite it makes sense to end him with that.

Anyway, Peter learns MJ is pregnant, he and Ben reunite with the Jackal, Carrion and the Gwen clone. They learn Carrion is a clone of Warren and was in fact the Warren from Shea stadium, he’s got telepathic powers and is using them to keep Gwen’s clone (Joyce Delany) under Warren’s control. Warren sows doubt as to who the real guy is.

Aunt May dies, Peter goes to jail, a third Peter Parker shows up. But instead of being Spidercide I’d make him a human/symbiote hybrid, and he’d be this show’s version of Toxin.

Peter becomes Scarlet Spider to clear his own name, learns who Kaine is, finds out he’s a clone, DOESN’T hit MJ but he does run away distraught, etc.

I’d have Maximum Clonage happen but very, very differently. No army of spider clones, no Punisher, no nonsense like that. Warren is going to unleash his virus but wants to keep MJ safe as her baby could be interesting to study. So he abducts her and gives inoculations to the virus to everyone. MJ refuses so he asks Gwen to do it as she’s MJ’s friend. Gwen’s clone is kind of not all there due to the mind control so when MJ breaks her own dose of the inoculation, Gwen simply administers her dose to MJ. Ben shows up to save MJ and knocks out Carrion. Carrion as it turns out was keeping Toxin under control so he freaks out, grabs MJ and Gwen, asks Ben to choose between them and tosses them both off the roof, but then he pins Ben so he can’t save either. Peter shows up to save MJ, Warren instinctively jumps after Gwen to save her but out of nowhere, a new Green Goblin shows up to save her and Warren dies. The Goblin, Kaine, Ben and Peter fight Toxin who’s gonna be losing until he bonds with Carrion and is now too much for everyone else. Gwen meanwhile would be trying to defuse the device that’d be administering the virus, but starting to degenerate due to the stress.

Her last ditch effort would be to implore Carrion/Toxin to save them all. He’s a clone of Peter and Miles Warren so he loves her and since she’s not inoculated she’s gonna die. Carrion/Toxin smother the virus and absorb the poison into themselves, dying.

Kaine takes Gwen’s clone away as he understands the pain of degeneration and Peter retires, making Ben the new Spider-Man.

The second half of the season is a condensed Spider-Ben era but with Lady Ock, Spider-Carnage, Green Goblin V and Blood Brothers as the central storylines. We’d do some flashbacks to Lost Years and wrap up with Revelations. As a final little change I’d have Peter’s new Spider-Man costume be one created by Ben before he decided to make his own one.

Season 12: Basically the post-Clone Saga era. This final season would be wrapping stuff up, giving a lot of characters their swan songs, but the focus would be on Peter and Norman’s rivalry, Norman owning the Bugle, etc.

We’d introduce Black Tarantula, have a final gang war storyline in which Kaine is hired as a mercenary, Daredevil and Richard Fisk would die, and Kingpin would finally go to jail for good.

I’d also sort of adapt the Revenge of the Green Goblin storyline. I’d have Mysterio on Norman’s orders create a ‘dream’ for Peter Parker where he imagines MJ dies in a plane crash and everything goes wrong, Norman would torment him and try and tempt him into becoming his son and heir. Peter resists and escapes the nightmare.

The season/show would wrap up with Peter reclaiming baby May and a final showdown with the Green Goblin. Norman would be rocking his Marvel Knights armour and be juiced up with Phil Urich’s strength enhancing Goblin mask. Also Phil Urich will have been black mailed into becoming the Goblin on Norman’s behalf so he could clear his own name.

I’ll spare you the details, but essentially Norman’s plan involves murdering billions of people, taking control of the world and potentially endangering the life of baby May. He’s ultimately killed when his identity is revealed to the press, his glider decapitates him and triggers a gagillion explosions. Said explosions would wreck the Bugle leading to Spidey lifting it up like in the Final Chapter. Before he died though, Norman would try to beat Spidey by administering an antidote to his powers that he would’ve tested on Scorpion. He’d not give Peter the full dose though.

When all is said and done, Peter’s got an injured leg (but he’s not lost either of them) and his spider powers are gone, maybe forever, so he retires to be a family man.

This then leads into Spider-Girl where we learn over time he regained some of his old powers but they amount to allowing him to crawl on walls, have a vague reading from his spider sense and render him fit for his age. His leg injury still plays up though. Basically he’s got power but not so much that it’d be reasonable for him to go back to heroism.

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When going to employ a criminal defense lawyer, there are certain things to keep in mind. The firstly thing for clients is to check into the job background of the attorney. An excellent criminal attorney ought to have a great credibility as well as an overall successful career, gave that he experiment sincerity as well as dedication. Job history plays a vital role in equipping an idea regarding the experience of the attorney, whether they are qualified sufficient of handling the situation. It is best if a customer choose an attorney that handles cases of their kind especially, hence making the lawyer familiar with the positive as well as negative sides of a situation. An experienced criminal defense attorney recognizes precisely just how to proceed with a specific variety of criminal case as well as therefore, they will be able to provide the customer with a clear idea of their function in helping the lawyer. It is important that the sights of the attorney as well as the client equal regarding a particular instance. This enables them to interact easily and also assists the attorney to present it before the court Jacksonville FL.

The Ways You Can Discover a Good Lawbreaker Defense Lawyer

Whenever somebody falls in the hands of authorities, it is believed that the individual remains in certain difficulty. It can really be tough for the individual that has actually been restrained in the wardship to encounter the continuous investigation that also breaks the hard nut to pieces. It is a great time to mobilize your criminal defense lawyer who can create some chances to obtain you out securely without being founded guilty. Things said in the investigation process might be used versus you as solid proof. So rather than speaking with the cops attempting to warrant your innocence, it is better to review the issue with your attorney who can take the needed activity to release you on bail and develop a technique to shed off the blame placed on your shoulders Criminal Lawyers Jacksonville FL.

In general, a lawyer is a defense lawyer who means the charged in the court of justice. These lawyers are also hired by the court to safeguard people that can not bear a lawyer to combat their instances. The criminal defense attorney can be fairly well-known possessing to the customers they have actually served and their winning documents.

Where to look a Crook Defense lawyer

To find a great and also efficient attorney you may search in the complying with places like,

- Undergo the regional paper extensively and inspect if there is any ad of an attorney that may be contacted. A good deal of criminal defense lawyer offers their ads on the classifieds section of the paper from where you can select as necessary judging on the location, qualifications if stated and also fees. So this is a nice and also very easy means to obtain related to the criminal defense attorney Jacksonville FL.

- There is an additional fine means, which can obtain you to the city's finest criminal defense lawyer without much of a difficulty. The directory that consists of the names of the legal companies that supplies lawful examination in criminal defense and also can discover you the references and details of the attorneys who are connected with the appropriate functioning of the firm.

- You might discover a checklist of reputed lawyer on the on the internet info financial institution where it is rather a popular search. There are specific sites as well as related search web pages on the net offering details of the criminal defense attorney to you. In order to narrow your searches placed in your zip code which would certainly give you the results of your location Criminal Lawyers Jacksonville FL.

Various other means to discover Wrongdoer Defense lawyer

Internet sites are locations where you can discover the top lawyer of the country. Good internet sites will certainly provide you search engine result from the directory of defense lawyers committed to provide criminal instances. You need to input your zip code to discover the lawyers of that area respectively. Some websites also gives bigger search engine result including information of the lawyers from various area, city as well as even state. These web sites likewise recommend the means to select a criminal defense lawyer.

The Value of a Lawbreaker Defense Lawyer

The criminal justice system plays an important function in guaranteeing the legal rights of individuals are safeguarded. One area that is essential to preserving the rights of people is criminal defense. A criminal defense attorney stands for an accused private charged with a certain criminal act. They make certain the implicated gets a fair test and also is given with a top quality and also moral protection.

Criminal lawyers adhere to a strict standard procedure and values when standing for an individual accused of a criminal offense. This is crucial because in our system of justice, an individual charged with a criminal offense is taken into consideration innocent up until tried and tested guilty by a court or court. Almost every expert concurs that it is constantly better to get the solutions of a criminal defense lawyer since the legal procedure can be complicated for the beginner. Representing oneself in court can be confusing and frustrating because expertise of criminal law is important to a reasonable and simply test. If one is not able to afford a lawyer, the court will designate one that is called a public protector Criminal Lawyers Jacksonville FL.

Bad guy defense attorney work as both advocates and therapists for their customers. They play a crucial role in whether their customer should plead or most likely to test. They do this based on the proof that is supplied as well as the specific circumstance, such as a case of protection. They have established working relationships with district attorneys and are knowledgeable and also skilled in all facets of the criminal justice system. A criminal defense attorney will spend a great deal of time reviewing the situation, witness statement, physical evidence, and also their client's statement to make a decision just how to proceed. He or she will keep their customers filled in of all elements of the case and make suggestions on exactly how to continue. If the charged is going to get the complete benefit of a criminal defense lawyer, he or she will certainly need to be completely straightforward and in-depth with their situation.

After one is billed with a crime, the very first individual they ought to speak to is a criminal defense attorney. They need to especially exist during police examining. Also, the legal representative will schedule the release. The attorney will certainly additionally deal with such jobs as speaking with witnesses, preparing protection witnesses, employing specialists, arranging for discoveries, handling as well as submitting documents, study, as well as presenting the case Criminal Lawyers Jacksonville FL.

When looking for a criminal defense lawyer, it is important to do your study such as speaking with the lawyers to guarantee you have an experienced and qualified legal representative that recognizes your certain case. You can additionally search the net, request personal suggestions from pals or family members, or consult your regional bar association.

Defying police, Iranians protest over plane shootdown

DUBAI, United Arab Emirates — Iranian demonstrators defied a heavy police presence Sunday night to protest their country’s days of denials that it shot down a Ukrainian passenger plane carrying 176 people, the latest unrest to roil the capital amid soaring tensions with the United States.

Videos posted online showed protesters shouting anti-government slogans and moving through subway stations and sidewalks, many near Azadi, or Freedom, Square after an earlier call for people to demonstrate there. Other videos suggested similar protests were taking place in other Iranian cities.

Riot police in black uniforms and helmets earlier massed in Vali-e Asr Square, at Tehran University and other landmarks. Revolutionary Guard members patrolled the city on motorbikes, and plainclothes security men were also out in force. People looked down as they walked briskly past police, hoping not to draw attention to themselves.

The plane crash early Wednesday killed everyone on board, mostly Iranians and Iranian-Canadians. After initially pointing to a technical failure and insisting the armed forces were not to blame, authorities on Saturday admitted to accidentally shooting it down in the face of mounting evidence and accusations by Western leaders.

Iran downed the flight as it braced for possible American retaliation after firing ballistic missiles at two bases in Iraq housing U.S. forces. The missile attack, which caused no casualties, was a response to the killing of Gen. Qassem Soleimani, Iran’s top general, in a U.S. airstrike in Baghdad. But no retaliation came.

Iranians have expressed anger over the downing of the plane and the misleading explanations from senior officials in the wake of the tragedy. They are also mourning the dead, which included many young people who were studying abroad.

“Even talking about it makes my heart beat faster and makes me sad,” said Zahra Razeghi, a Tehran resident. “I feel ashamed when I think about their families.”

“The denial and covering up the truth over the past three days greatly added to the suffering and pain of the families, and me,” she added.

Another individual, who identified himself only as Saeed, said Iran’s largely state-run media had concealed the cause of the crash for “political reasons.”

“Later developments changed the game, and they had to tell the truth,” he said.

Earlier Sunday, hundreds of students gathered at Tehran’s Shahid Beheshti University to mourn the victims and protest against authorities for concealing the cause of the crash, the semiofficial ISNA news agency reported.

Bahareh Arvin, a reformist member of the Tehran City Council, took to social media to say she was resigning in protest at the government’s lies and corruption. “With the current mechanism, there is no hope of reform,” she said.

Some Iranian artists, including famed director Masoud Kimiai, withdrew from an upcoming international film festival. Two state TV hosts resigned in protest over the false reporting about the cause of the plane crash.

President Donald Trump, who has expressed support for past waves of anti-government demonstrations in Iran, addressed the country’s leaders in a tweet, saying “DO NOT KILL YOUR PROTESTERS.”

“The World is watching. More importantly, the USA is watching,” he tweeted.

Iranians took to the streets in November after the government hiked gas prices, holding large protests in several cities. The government shut down internet access for days, making it difficult to gauge the scale of the protests and the subsequent crackdown. Amnesty International later said more than 300 people were killed.

A candlelight ceremony late Saturday in Tehran turned into a protest, with hundreds of people chanting against the country’s leaders — including Supreme Leader Ayatollah Ali Khamenei — and police dispersing them with tear gas. Protests were also held in the city of Isfahan and elsewhere.

Police briefly detained the British ambassador to Iran, Rob Macaire, who said he went to the vigil without knowing it would turn into a protest.

“Can confirm I wasn’t taking part in any demonstrations!” he tweeted. “Went to an event advertised as a vigil for victims of #PS752 tragedy. Normal to want to pay respects — some of victims were British. I left after 5 mins, when some started chanting.”

He said he was arrested 30 minutes after leaving the area.

Britain said its envoy was detained “without grounds or explanation” and in “flagrant violation of international law.”

Iran’s Deputy Foreign Minister Abbas Araghchi later tweeted that Macaire was arrested “as an unknown foreigner in an illegal gathering.”

Araghchi said when police informed him that a man was arrested who claimed to be the British ambassador, he didn’t believe them. But he said that once he spoke to Macaire by phone, he realized it was him, and that the ambassador was freed 15 minutes later.

Iran’s Foreign Ministry later summoned the British ambassador over his ”illegal and inappropriate presence” at the protest, it said on its Telegram channel.

Alaeddin Boroujerdi, a member of Iran’s parliamentary committee on national security and foreign policy, accused the ambassador of organizing protests and called for his expulsion. Dozens of hard-liners later gathered outside the British Embassy, chanting “Death to England.” They also called for the ambassador to be expelled and the embassy to be closed.

Iranian media, meanwhile, focused on the admission of responsibility for the crash, with several newspapers calling for those responsible to apologize and resign.

The hard-line daily Vatan-e Emrouz bore the front-page headline “A sky full of sadness,” while the Hamshahri daily went with “Shame,” and the IRAN daily said “Unforgivable.”

Mehdi Karroubi, an opposition activist under house arrest, lashed out at Khamenei himself, saying that as commander in chief he was “directly responsible.”

“If you were aware and you let military and security authorities deceive people, then there is no doubt you lack the attributes of constitutional leadership,” he said in a statement.

Criticism of the supreme leader is punishable by up to two years in prison.

Tensions with the United States eased after the ballistic missile attack, when Trump declined to respond and welcomed Iran’s apparent decision to stand down.

The emir of Qatar, Sheikh Tamim bin Hamad Al Thani, met with Iranian President Hassan Rouhani and other officials Sunday in Tehran. Qatar has warm relations with the U.S. and Iran.

Syrian Prime Minister Imad Khamis was also leading a high-level delegation to Iran, including the defense and foreign ministers. Syrian state media described it as an “important visit” in light of recent events, without elaborating. Iran is a key ally of Syrian President Bashar Assad in his country’s civil war, and Soleimani had mobilized militias and coordinated military aid.

Pakistan’s Foreign Minister Shah Mahmood Qureshi was also traveling to Iran, with plans to visit Saudi Arabia the following day. And Japanese Prime Minister Shinzo Abe was in Saudi Arabia for talks with King Salman as part of a tour of oil-producing Gulf Arab states aimed at promoting peace.

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Introduction: The Roberts Court – One year after Kennedy’s retirement

Speaking at the judicial conference of the U.S. Court of Appeals for the 2nd Circuit in June, Justice Ruth Bader Ginsburg told her audience that Justice Anthony Kennedy’s 2018 retirement was “the event of greatest consequence for the current Term, and perhaps for many Terms ahead.” Less than three weeks later, Ginsburg’s assessment proved accurate when the Supreme Court issued its ruling in a pair of cases involving allegations of partisan gerrymandering. Last year, with Kennedy still on the bench, the justices declined to reach the merits of two partisan-gerrymandering cases, or to say whether federal courts should play a role in reviewing partisan-gerrymandering claims at all. Instead, they sent those cases back to the lower courts. But with Kennedy replaced by Justice Brett Kavanaugh, a closely divided Supreme Court shut the door to partisan-gerrymandering claims altogether.

Last opinion day of OT2018 (Art Lien)

The Supreme Court’s decision on partisan gerrymandering was one of the most significant rulings of the term, along with its decision concluding that the Trump administration’s justification for including a question about citizenship on the 2020 census was a pretext. For the most part, the October Term 2018 was made up of lower-profile cases – indeed, there was some speculation that the justices were purposely trying to avoid controversial cases to stay out of the spotlight. But the justices did tackle contentious issues such as the death penalty, religion, abortion and immigration, and those issues are likely to confront the court again next term.

During the first few months of the term, it seemed that Kennedy’s retirement could lead to a shift in the court’s approach to death-penalty cases. In October, before Kavanaugh joined the court, the justices heard oral argument in the case of an Alabama inmate with dementia, who argued that executing him would violate the Constitution’s ban on cruel and unusual punishment. One month later, the justices – including Kavanaugh – heard the case of a Missouri inmate who suffers from a rare medical condition that causes blood-filled tumors to grow in his throat. The state’s plan to execute him by lethal injection, the inmate argued, could result in his choking to death on his own blood.

Chief Justice John Roberts joined the court’s four more liberal justices in a narrow ruling for Vernon Madison, the Alabama inmate. The majority sent the case back to the state courts for them to consider whether Madison’s dementia had left him so incompetent that he cannot be executed. But in an opinion by Justice Neil Gorsuch, a divided court rejected Russell Bucklew’s claim that executing him by lethal injection would be unconstitutional because it would cause him severe pain: Like other inmates challenging the method that the state planned to use to execute them, the court ruled, Bucklew needed to show that there was another method of execution that would reduce the risk of pain.

The justices will return to the death penalty again on October 7, when they hear oral argument on whether the Constitution allows a state to abolish an insanity defense. The question arises in the case of James Kraig Kahler, whose lawyers tell the court that he was convicted and sentenced to death for killing four members of his family “while suffering from depression so severe that he experienced extreme emotional disturbance, dissociating him from reality.”

In 2016, Kennedy provided the fifth vote to strike down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at nearby hospitals. Less than three years later, the justices fielded a request from abortion providers in Louisiana to block the state from enforcing what they described as a virtually identical law. Roberts and the four liberal justices granted that request, putting the law on hold indefinitely; the justices will consider the providers’ petition for review in the fall.

In May, after considering the petition at 15 consecutive conferences, the justices weighed in again on issues relating to abortion – this time, an Indiana law that would require fetal remains to be cremated or buried and bar abortions based on race, sex or disability. The U.S. Court of Appeals for the 7th Circuit declared the law unconstitutional, but the Supreme Court gave the state a partial victory: In an unsigned opinion issued without oral argument, the Supreme Court allowed the state to enforce the fetal-remains provision, but left in place the part of the lower court’s ruling that struck down the ban on abortions based on the race, sex or disability of the fetus. The justices did not, however, act on another petition from Indiana – involving a challenge to a state law requiring a woman seeking an abortion to obtain an ultrasound at least 18 hours before the abortion – before they left for their summer recess.

October Term 2018 was a relatively quiet one for issues relating to religion. In June, by a vote of 7-2, the court ruled that the presence of a 40-foot cross, erected nearly a century ago as a memorial to soldiers killed during World War I, in a traffic circle outside Washington, D.C., does not violate the Constitution’s establishment clause, which bars the government from favoring one religion over another. But the ruling was fairly narrow, leaving many thornier issues about religious symbols on public property, and the court’s establishment clause jurisprudence more broadly, for another day.

One case involving religion is already on the court’s docket for next term. In Espinoza v. Montana Department of Revenue, the justices will consider a dispute over public funding for parents who send their children to religious schools. The Montana Supreme Court struck down a state law that authorized tax credits to provide scholarships for private schools, including religious schools; now the Supreme Court will review that ruling.

Shortly before Kennedy stepped down, the Supreme Court issued its decision in the case of Jack Phillips, a Colorado baker who, citing his religious beliefs, declined to make a custom wedding cake for a same-sex couple. In an opinion that Kennedy wrote for the court, the justices ruled for Phillips, but without reaching the merits of Phillips’ claim that requiring him to make a cake would violate his rights under the First Amendment. Instead, the court concluded, the Colorado administrative agency that had ruled against Phillips had treated him unfairly by being too hostile to his religious beliefs. But the question presented by Phillips’ case could return to the Supreme Court soon: In June, the Washington Supreme Court ruled against a florist who had refused to provide custom floral arrangements for a same-sex wedding. Attorneys for the florist, Barronelle Stutzman, have announced that they intend to petition the Supreme Court for review of that ruling.

Immigration will also be a hot topic in the upcoming term. Before leaving for their summer recess, the justices announced that they would weigh in on the Trump administration’s decision to end the “Deferred Action for Childhood Arrivals” program, known as DACA, which allows young adults who were brought to this country illegally as children to apply for protection from deportation. And other cases relating to immigration could arrive at the court soon, including challenges to the Trump administration’s new rules limiting the circumstances in which migrants can apply for asylum.

The Supreme Court is likely to issue many of its decisions in these high-profile cases in June of next year – right in the middle of the 2020 presidential campaign. If so, the Supreme Court could play a key role in the campaign, and its rulings may highlight the significance of even a single justice. This week SCOTUSblog will host a symposium looking at the Supreme Court after Kennedy’s retirement, with legal experts from both sides of the ideological spectrum weighing on some of these issues. We hope you enjoy the discussion!

This post was originally published at Howe on the Court.

The post Introduction: The Roberts Court – One year after Kennedy’s retirement appeared first on SCOTUSblog.

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Before we go any further, I should note that I am unapologetically pro-choice. I’ve been pro-choice for as long as I can remember. I recall thinking women should be able to have an abortion, if they want one, when I was just eight year old (1972-73).

(New Zealand’s Contraception, Sterilisation, and Abortion Bill was making its way through parliament at the time. It was naturally controversial, and was in the news a lot. Thus, I was aware of the issue.)

As far as I’m concerned, if you oppose abortion, don’t have one. That’s your choice. But you don’t, or at least you shouldn’t, have the right to tell someone else what to do with their body. Even worse, you shouldn’t have the right to force your beliefs onto another person. I think it’s appalling that there are actually laws that make abortion illegal in so many countries.

(One of those countries is my own: New Zealand. However, there’s a criteria allowing abortion in our law that almost all doctors interpret extremely liberally. As a result, abortion is freely available in our public hospitals. Further, a separate privacy law introduced in the 1980s specifically states parents do not have to give permission, or receive notification, in relation to contraception or abortion for minors.)

When I was a child, it just seemed fair to me. As I got older, and got to know more about the subject, my position became stronger and stronger. My opinion is now supported by multiple data, much of which I hope to cover in this post.

Now, on with the show.

  Abortion and US Law

In 1973, in a Supreme Court ruling known as Roe v. Wade, US women had their right to an abortion established by law. However, ever since there have been attempts to get that right taken away again. Republicans have adopted this cause as their own. Thus where they control the state government (red states), women’s right to an abortion is more at risk.

Four years after Roe v. Wade, a law known as the Hyde Amendment came into being. It meant that federal money could not be spent on abortions except in the cases of rape, incest, or if the life of the mother was in danger.

This is obviously an absolute disgrace for multiple reasons, but there are two that I think are the more important than the others.

1. The Most Vulnerable Will Be Affected the Most

Firstly, it means that if you’re vulnerable in any way, it’s much harder to get an abortion. So this law disproportionately affects women of colour, young women, those with a disability, etc. In short, those women who, in general, will have the most difficulty caring for a child. (Women who can afford to do so will simply go to another state to have their abortion.) It means many women will either be forced to continue with a pregnancy which may be physically or mentally dangerous or, in their desperation, they will feel forced to resort to dangerous abortion methods.

Some lawmakers, in their complete lack of compassion or understanding, have even introduced laws to make having an abortion first degree murder. For example, Vox reports that Texan Republican state legislator Tony Tinderholt has introduced a Bill there that would introduce the death penalty for women having abortions. Vox reports he, ” says it would make people “consider the repercussions” of having sex.

2. The Effect on Women’s Health Service Providers e.g. Planned Parenthood

Secondly, the Hyde Amendment makes providers of women’s health services, like Planned Parenthood, vulnerable to attacks from anti-choice activists.

Planned Parenthood receives half a billion dollars a year from the federal government to help fund the multiple health services they provide, mostly to women. However, anti-choice activists represent them as doing nothing but abortions and are constantly calling for their funding to be taken away. They’ve even had success in some red states in relation to that.

The reality is that only three percent of Planned Parenthood’s services relate to abortion. Further, the money they get from the federal government, while significant, only accounts for around 40% of their funding. All anti-choice activists do when they deny Planned Parenthood funding is ensure women, especially those who are poor or otherwise vulnerable, have less or no access to healthcare.

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(Planned Parenthood graphic. Sourced via NPR)

Anti-choice activists know this, of course, but they don’t appear to care. Some even freely admit that they’ll do whatever it takes to get a win for their cause. Anti-choice activists call themselves pro-life (and I’ll get to why that’s a myth later), but some won’t even condemn the extremists within their movement who go so far as the murder of abortion providers. In fact, a small number not only endorse violence and murder, they raise money to support those who carry out such acts. Their opinion is they’re committing justifiable homicide. In the US at least, they’re almost exclusively conservative Christians, whose interpretation of the Bible is that God opposes abortion.

  The USA Wants Roe v. Wade to Remain the Law

In the past, the US Supreme Court (SCOTUS) has been a reflection of US society. When the issue of same-sex marriage came before them, for example, they were in large part reflecting the changing views of US society in making it legal.

Therefore, if any cases relating to abortion make it to the Supreme Court, abortion should remain legal too. According to Pew (their emphasis):

About six-in-ten U.S. adults (58%) said in a 2018 survey that abortion should be legal in all or most cases, compared with 37% who said it should be illegal all or most of the time. Public opinion on this question has been relatively stable over more than two decades of Pew Research Center polling, and there is little difference between the views of men and women.

Further:

When it comes to the Supreme Court’s landmark 1973 ruling, about seven-in-ten Americans (69%) said Roe v. Wade should not be completely overturned, according to a survey conducted in late 2016.

Into the Weeds

There are demographic differences, all of which readers can probably predict:

1. Democrats are more likely to think abortion should be legal than Republicans.

2. The more educated you are, the more likely you are to think Roe v. Wade should not be overturned.

62% of those with a high school diploma or less; 70% of those with some college education; 74% of those with a college degree; 88% of those with a post-graduate qualification.

think Roe v. Wade should not be overturned,

3. The only area of the country where a majority think abortion should be illegal is the Bible Belt.

  Abortion and the Republican Party (GOP)

The US Republican Party (GOP) has always been anti-abortion. Its official platform on abortion doesn’t even make exceptions for rape, incest, or the life of the mother.

In the past, their attempts to completely take away a woman’s right to choose have been unsuccessful. There has been a lot of success in states that Republicans control though, making it more difficult for women to exercise that legal right. However, the election in 2016 of a misogynist who cares more about the anti-abortion Evangelical Christians that cheer him on than the wishes of the majority of his citizens is a worry for all of us who care about women’s rights.

Donald Trump and Abortion

Before he was a Republican politician, most of Trump’s views were more progressive. There was a time when he was pro-choice. But now that he needs to appeal to far-right Christian conservatives, that’s what he’s doing. During the 2016 election campaign, he was even heard to call for the punishment of women who have an abortion, just like the Christian abortion extremists he’s trying to appeal to.

Those in the Republican party who are anti-choice are taking advantage of having a sympathetic ear in the White House. As a result, they’re having some success in their moves towards making abortion illegal again.

A safe, legal abortion is a choice that should be available to all woman when faced with an unplanned pregnancy, or one that she doesn’t want to go ahead with because of the risk to her’s or the future child’s health or life. But, following the election of Donald Trump, that choice is increasingly at risk.

Why is Trump Supporting a Position a Majority Don’t?

President Donald Trump is a populist, and normally he attempts to appeal to the majority. However, abortion is different, for reasons I will get to.

Trump’s approval rating hasn’t made it to 50% the entire time he’s been in office. It’s never even been above his disapproval rating. He personally feeds off rallies where as many as tens of thousands act as if he’s a rock star, but those crowds are not a true reflection of the US population.

Trump Job Approval (Source: Gallup. Click graphic to go to source.)

  Trump knows deep down that his win wasn’t down just to those Evangelical Christians, or even to a majority of USians. Help from the Russians in three key states was what got him into the White House. (The Weekly Standard article: ‘The Election Came Down to 77,744 Votes in Pennsylvania, Wisconsin, and Michigan’ lays the details out clearly.) Within the White House, staff know not to mention things like Russian interference in the 2016 election in front of Trump. He appears to view mere mention of the topic the height of disloyalty. Staff even warn others not to bring the subject up in front of him.

Therefore the few policy positions Trump and his enablers stick to fall into two areas. They’re either favourable towards Russia (e.g. GOP Senate leader Mitch McConnell has gone so far as to block bipartisan legislation to stop Russian interference in the 2020 elections), or are those Evangelical Christians support. Opposition to abortion, of course, falls into the second of those two categories.

  State’s Rights

Living in a country that doesn’t have separate states, I’ve always had difficulty understanding the issue of state’s rights. I’ve never seen the point of it. In the past I’ve thought of that as simply a lack of cultural understanding on my part. More and more though, I’m starting to see it as a dangerous way to run a country. (It’s not only the US where I see problems. Catalan independence in Spain, and the use of Sharia in Aceh province in Indonesia, are two other examples.)

(Source: Wikipedia. Click graphic to go to source.)

There are several areas where I see having separate states with separate laws causing problems in the US. This is not the place to go down that rabbit hole, but for me one of them is the effect on women’s rights. It is already appalling that women have less rights than men in what is supposedly the world’s leading democracy. What’s even worse is that women in some states have even less rights than their compatriots in other states.

I believe that attempts to deny women the right to control over their own bodies is as much about controlling women as it is about a belief they’re saving lives for many anti-choice activists. There are many reasons I have for that opinion, but one relates to the issue of state’s rights.

On the whole, the states that are trying to make abortion illegal again are the same ones that didn’t endorse the Equal Rights amendment to the US Constitution.  Take note on the graphic on the right of which states don’t think women should have equal rights to men, and you will see they largely correspond with those that are doing the most to try and prevent women from having control over their own bodies.

The Affect of States’ Rights on Abortion Rights

There are now six states that have only one clinic remaining that provides abortions thanks to anti-choice activism. They are: Kentucky, Mississippi, Missouri, North Dakota, South Dakota and West Virginia. The last clinic left in Missouri may soon have to close. The only thing currently keeping it open is a court order against the latest state law putting impossible conditions on abortion providers.

These states (and others) make laws with unreasonable conditions that are so difficult to comply with, the clinics have no other choice but to shut down. In that way the states aren’t actually breaking the law that gives women the right to an abortion, it just means there’s nowhere for them to go to get one that’s safe and legal.

According to the Guttmacher Institute, there were 452 clinics in the US that included abortions as part of their services to women in 1996. By 2005 that was 381, and by 2014 it was 272. (There are no data available post-2014.)

  Abortion in Republican-Controlled States

Red states have brought in literally hundreds of laws since 1973 making it more difficult for the women living in them to obtain a safe, legal abortion. Many other laws that sought to do the same have been overturned by the courts due to the advocacy of groups on behalf of women. However, the fact remains that women living in red states have less rights than those living in blue states (i..e. states where the government is in Democratic Party control).

Once again, this is obviously an appalling situation, and one that should not be acceptable to anyone. What should be happening is that women have the same rights across the country. Medical science, social science, and economics all tell us the best thing is for women to have the right to choose whether or not to continue with a pregnancy.

It’s also the best thing if you really want to reduce the number of abortions. There will be those reading this who object to the way I’ve been framing opponents to abortion as anti-choice. They will say this is about saving the lives of unborn babies. However, that is simply not true. All the evidence, from both the US and the rest of the world, shows that making abortion illegal actually increases the number of abortions. If you really want to reduce the number of abortions, the best way to do that is by making it legal. The leaders of the anti-choice movement know this. This is why they focus on the number of abortions taking place, rather than any other data. (More on this below)

Basically, where the Republican Party is in control of government, women are losing the right to control of their own bodies. Donald Trump, a man who changes his position on issues more often than he washes his hands (and he’s a germophobe), has actually kept one of his election promises, and is on track to keeping another. Unfortunately, both relate to making abortion illegal again in the US.

  Trump’s First Promise in Relation to Abortion

Trump made a promise that he would only appoint justices to the US Supreme Court (SCOTUS), as well as judges to other courts, that come with the recommendation of both the Federalist Society and Heritage Foundation. That means (among other things) justices who oppose abortion.

Unfortunately, Trump has had the privilege of appointing two justices to the Supreme Court.

The first, Neil Gorsuch, was a replacement for justice Antonin Scalia who died during the presidency of Barack Obama. However, Republican senate leader Mitch McConnell’s (a Trump enabler) absolute refusal to allow a vote on Obama’s choice (Merrick Garland) to replace him meant it was Trump’s pick that took the vacancy.

The second, Brett Kavanaugh was, if possible, even more controversial. It was clear he had a history of, at the very least, not treating women as equals. However, all Republicans, and even one (male) Democrat, still voted for him.

As a result, a majority Supreme Court justices are all personally anti-choice. This has led to a hive of activity amongst anti-choice activists in red states. Each wants to be the first to get a Bill from their own state attracting enough opposition from those who are pro-choice that it makes it through the courts to the Supreme Court level. At that point, they hope the Court will take the opportunity to make abortion illegal again.

This, they think will make them heroes in the anti-choice movement, which it probably will. Perhaps more importantly to many, they will feel they have done God’s will. That’s because for most of them, it’s their faith that informs them when it comes to this issue, not the facts.

  Abortion, God, and the Election of  Donald Trump

Abortion is one of the main reasons more than 80% of Evangelicals, and a sizable chunk of other conservative Christians, gave Trump their vote in 2016. A majority of Evangelicals even go so far as to believe it was God who made Trump president, and stopping abortion was the reason He did it.

To believe that God made Donald Trump President of the USA sounds, well, unbelievable. However, you only have to do a Google search on the topic to find multiple links to articles and videos of people who believe this. And don’t be tempted to dismiss the belief as a coming from a small fringe element either.

Sarah Sanders

Former White House Press Secretary Sarah Sanders said in an interview in January with the Christian Broadcasting Network:

I think God calls all of us to fill different roles at different times, and I think that He wanted Donald Trump to become president, and that’s why he’s there, and I think he has done a tremendous job in supporting a lot of the things people of faith really care about.

That interview continued with an exchange attacking Democrats for anti-Semitism.

(Here, I must compliment all those Trump-supporting a$$ho£€$ marching and chanting, “Jews will not replace us,” and “Blood and soil,” in Charlottesville in 2017 for how well they hid their affiliation to the Democratic party. /sarcasm)

Next the interview turned to the issues on the southern border. That led to mention of House Speaker Nancy Pelosi (D-California) calling the wall “immoral”. This somehow enabled Sanders to segue to abortion:

I mean honestly, it’s very hard at this point to even take a lecture from Democrats on what is moral and what isn’t. People who are willing to allow legislation to pass supporting late-term abortion, the idea that they would take out, “so help me God in the platform,” the House Democrats have raised this week …

Sarah Sanders views on abortion an God when she was in the White House were by no means unique.

  The Future of Sarah Sanders

The evidence is that Sarah Sanders is returning to her Bible Belt state of Arkansas in order to start campaigning to become its governor. Her father is former Arkansas governor and twice candidate to be Republican presidential nominee, Mike Huckabee. So her chances aren’t as remote as you might imagine. However, whether or not she gets the job, her particular set of principles are ones that are typical of a Bible Belt politician.

Governor Huckabee has clearly been a big influence in his daughter’s life. It’s obviously a good thing for a father and daughter to have a good relationship. However, when that father does things like blame the Sandy Hook massacre on the Bible no longer being in schools, you have to wonder whether some kind of intervention was in order.

He’s also always made his own opposition to abortion clear. This graphic is from one of his successful gubernatorial races.

And this is an example of a Huckabee tweet (iirc, I made the screen capture of this tweet in 2015):

To me, these views seem extreme, but they’re typical of the majority in the Bible Belt of the USA. I originally made a copy of the tweet above, and some others by the governor, because I felt an enormous amount of hate emanating from them. I thought about Christians, including the governor, telling people that Christianity is all about love, but I think they express a quite different mindset.

  What Does the Bible Say About Abortion?

As with so many things, it’s pretty hard to get a clear direction from the Bible on abortion. Besides that, Christians are pretty good at only following which parts of it suit them at the best of times. Eating pork, getting tattoos, and even decorating a tree to celebrate Christmas are all things that are forbidden in the Bible. However, you will also have no trouble finding web pages that provide arguments why it’s okay to do those things, no matter how literal your reading of the Bible.

If they want to do something forbidden in the Bible, they will find a way to make it okay. If they want to make a group of people the subject of their derision of hatred, they will.

  The Bible does appear to consider abortion wrong. However, unlike many anti-choice activists, it does not appear to consider it murder. The punishment in the Bible for murder is death. “A life for a life.” Women who abort a child do not face this punishment in the Bible. Therefore, I think it’s safe to assume that abortion is not considered murder.

That’s not the interpretation of many conservative Christians though. The conservative Catholic website, Crisis Magazine has a ‘Reproductive Rights Glossary for the UnWoke‘. I didn’t know whether to laugh or be angry when I first read it. However, every article I’ve read in the magazine in the past has made me angry, so that is probably what they’re going for in people like me. (I’m the liberal, pro-choice, pro-marriage equality, atheist, outspoken feminist you were warned about.) The magazine’s combination of ignorance, intelligence, and influence over a large number of people worries me greatly.

When it comes to information about abortion, Crisis Magazine‘s readers would be far better off reading Valerie Tarico’s ‘Right-Wing Christians’ Hostility to Science Destroys Lives‘. It’s one of the best things I’ve ever read on the subject, and I can’t recommend it highly enough.

  The Attempts of Republican States to Ban Abortion Nationwide

There are now eight states in the US competing for the title of “Most Draconian Abortion Laws”. They are: Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, Ohio, and Utah. By no coincidence, those states have several other things in common. They’re all not only reliably Republican, they are all strong supporters of President Trump. All also have a larger than average conservative Christian population. (Alabama is the most religious state; Mississippi is third; Arkansas is fifth; Georgia is sixth.) Most are also among the most poorly educated states.

It’s not good for a state’s economy either. Most of these states are also very poor financially, and their stance doesn’t help that. Companies these days are putting their money where their mouth is when it comes to doing the right thing. Several states saw what happened when they tried to enact anti-transgender legislation. The same is now happening with anti-choice legislation. For example, AMC’s flagship TV show, The Walking Dead, is considering leaving Georgia after nine seasons. The reason? Georgia’s foetal heartbeat bill.

Republicans, Abortion, and Morality

Most countries believe the fallacy that being religious equals being moral. In most Western democracies a majority hold the belief that Christianity equals morality, though this belief is steadily declining.  The belief is stronger in the US than most, and conservative Christians in particular believe they have cornered the market when it comes to morality. Since Ronald Reagan’s call to the Moral Majority, Republicans have embraced their role as their country’s moral police. (This wasn’t a new role for them, but it became a greater part of their core identity with Reagan.)

Of course, the reality is that on most measures that society considers represent morality, it’s atheists that are, on average, the most moral US citizens, and a majority of them vote or lean Democrat. (I wrote about this, with the evidence, almost five years ago.)  We’re also constantly getting evidence that the so-called Moral Majority are, in reality, a bunch of hypocrites. It seems hardly a week goes by without another breaking story that exposes a leader of the Moral Majority. A recent one was Jerry Falwell Jr., president of the evangelical Liberty University. (You can see Rachel Maddow’s (MSNBC) excellent take on the events here.)

  The Anti-Choice or Forced-Birth Movement

Those who are anti-abortion call themselves “pro-life”. This moniker could not be further from the truth. As mentioned above, making abortion illegal actually increases the number of abortions.

I am not refusing to refer to them as “pro-life” to get at them in any way, but because the term is simply not accurate. The terms “anti-choice” and “forced birth” are both more accurate, and that’s why I use them.

I also find it really, really annoying that many in the anti-choice movement represent women who have abortions as simply using abortion as a form of contraception.

Another person, whatever their gender, cannot imagine what any individual goes through when they discover they have an unplanned pregnancy. Some forced-birth activists present abortion as if women use it as a form of contraception. They produce anecdotes of women casually having multiple abortions as if this is common.

The truth is very different. The fact that a woman has chosen to terminate the pregnancy does not mean the choice was easy. For most it’s one of the most difficult decisions she will ever make. On top of that, one of the things that makes it far more difficult is the stigma around that choice. And, it is anti-choice activists who create that stigma. They make what is already a difficult choice far harder. They speak of the emotional harm a women suffers for the rest of her life, but most or all of that harm is because of the rhetoric of anti-choice activists.

The Lack of Compassion of Anti-Choice Activists

What especially concerns me about many of those in the US who are part of the forced-birth movement is that their care for the foetus that can’t, in their words, “speak for itself”, does not extend to:

1. The cost of any care of the foetus’ (e.g. healthcare) before it’s born.

2. The cost of any care of the baby/child after it’s born (e.g. healthcare, education, housing, food). This is especially the case if the child they are forcing to be born has some form of special/high needs.

3. The cost of any of the needs of the mother either before or after the birth (e.g. healthcare, child care, interruption in education/career, mental health care).

4. The cost of the needs of the future child’s siblings. The parent/s may no longer be able to afford to help with the cost of tertiary education, for example.

5. The cost of any of the needs of the father (e.g. mental health due to the expectations around caring for a child or a larger family). The Guttmacher report notes that a large proportion of abortions are for women who already have several children. The abortion is because they feel they simply cannot afford another child mentally, physically, emotionally, or financially.

  The Myth of “Pro-Life”

Those who oppose abortion say they are doing so to save the lives of all the babies who would have been born if there was no abortion. This is absolute codswallop. The stupidity of it perhaps makes me even angrier than the attack on women’s rights because of what the truth really is.

Making abortion illegal does NOT mean no more abortions. What it means is:

1.Women being forced by desperation into breaking the law.

2. Women DYING from what is a simple medical procedure when carried out by a properly trained medical professional.

3. More women, especially poor women, suffering long-term medical complications.

4. More women being trapped in poverty.

5. More children suffering because their parent/parents have more children than they can look after financially, physically, emotionally, or mentally.

6. People, especially women, being trapped in unfulfilling (or even abusive) relationships because couples stay together, “for the sake of the child/ren.”

7. Places like Planned Parenthood forced to close. That means a lack of information about, and access to, contraception as well as other healthcare needs. It also means women who don’t have an abortion, which is most of their clients, lose access to healthcare.

Making Abortion Illegal Increases the Number of Abortions

But most of all, the evidence is that making abortion illegal does NOT reduce the number of abortions. The US’s Guttmacher Institute produced a comprehensive study: Abortion Worldwide 2017 (pdf here). It states:

Abortions occur as frequently in the two most-restrictive categories of countries (banned outright or allowed only to save the woman’s life) as in the least-restrictive category (allowed without restriction as to reason)—37 and 34 per 1,000 women, respectively.

Yes, you read that correctly. There are more abortions where it is illegal or heavily restricted than where it’s freely available.

    More Sex Education and More Contraception are the Best Ways to Stop Abortion

It bears repeating. Note those figures in the quote above from the Guttmacher Institute report. There are actually, on average, more abortions in countries where it’s illegal or heavily restricted. The report concludes that’s because legal abortion usually goes hand-in-hand with better access to, and knowledge of, contraception.

What makes that second sentence important is that Christians from the far right usually not only oppose abortion, they oppose contraception too. Most especially, they oppose education about sex and contraception for teenagers. Their advice is to stay a virgin until you marry and spend your fertile years either pregnant, or trying to get that way.

A Lesson from Colorado

Valerie Tarico’s article (same one referred to above) was written in response to an initiative in Colorado in 2015. It begins:

When a pilot program in Colorado offered teens state-of-the-art long acting contraceptives—IUD’s and implants—teen births plummeted by 40% [3], along with a drop in abortions [4]. The program saved the state 42.5 million dollars [5] in a single year, over five times what it cost. But rather than extending or expanding the program, some Colorado Republicans are trying to kill it—even if this stacks the odds against Colorado families. Why? Because they insist, wrongly, that IUD’s work by killing embryos, which they believe are sacred. This claim, which is based in bad faith and scientific ignorance, undermines fiscal prudence and flourishing families.

Gloria Steinman was on CNN’s Amanpour recently. They spoke about Alabama’s new abortion law. She pointed out that before Roe v Wade, one in three women in the US had an abortion. Following it, that dropped to one in four. The US followed the same world trend: the more freely available abortion is, the less it occurs. Therefore, it’s likely that if the anti-choice activists succeed in making abortion illegal again, this will actually increase the number of abortions.

  The Example of Nazi Germany

Like me, Steinman sees the current attacks on women’s independence as part of the international increase in white nationalism and authoritarianism. She noted that the first impulse of every authoritarian government she has ever studied is to control reproduction because it’s the single thing they can’t imitate.

Steinman further pointed out one of the very first acts of that most famous of authoritarians and white nationalists – Adolf Hitler.  When he first took control his bully boys were immediately physically padlocking all the Family Planning clinics. At the same time,  he made abortion an act against the state. Abortion doctors were given death sentences, and women wanting abortions were put in prison in order to force them to give birth. Those women he didn’t want giving birth (and the men he didn’t want fathering children) were either sterilized or murdered.

I’m not, of course, suggesting that’s this a path that Trump and the Republicans are going to go down. However, Trump makes no secret of the fact he believes he’s in possession of superior genes. And, the white nationalist movement thinks we’re already in a race war and embrace the theories of eugenicists.

  Alabama’s New Abortion Law

When I see the photo (below) of Alabama Governor, Kay Ivey, proudly signing her state’s Bill making abortion illegal, wearing her Republican-red suit, I see the colour of blood. The blood of all the women who will die because of that Bill is on her hands. It’s also on the hands of the men in the Alabama senate who voted for the Bill. And I say, “men” for a reason; not a single woman in that senate gave it her support.

Today, I signed into law the Alabama Human Life Protection Act. To the bill’s many supporters, this legislation stands as a powerful testament to Alabamians’ deeply held belief that every life is precious & that every life is a sacred gift from God. https://t.co/DwKJyAjSs8 pic.twitter.com/PIUQip6nmw

— Governor Kay Ivey (@GovernorKayIvey) May 15, 2019

Governor Ivey notes in the tweet above that her faith is the reason for her opposition to abortion. As with most anti-abortion rhetoric, that’s misguided. Due to a life of being told that by her church, she probably believes that God opposes abortion. But, as so often with the deeply religious, there’s a failure of independent thought. Like so many of the deeply religious, it’s unlikely she’s read the Bible from cover to cover. She probably relies on religious leaders for her view on the subject. That’s understandable, but a bad example in a leader.

This Act also exemplifies why I think such legislation is more about controlling women. While it prevents women from having abortions, it does not apply to frozen embryos.

  Exceptions for Rape, Incest, and the Life of the Mother

Most abortion bills have exceptions if the pregnancy is the result of rape or incest, or if it would endanger the life of the mother. Notably, at least two of these latest bills, Alabama and Missouri, do not have rape and incest exceptions. This is apparently deliberate as the writers of the bills believe this is more likely to get them to the Supreme Court.

However, even most of those who are anti-choice and want to force women to give birth, also want to see an exception for rape and incest. They acknowledge that in these cases a woman should have a choice whether she carries the foetus to term. They can see that the choice of the woman, who is already a person, should take precedence over something that only has the potential to be a person. In such cases, they are able to empathize with the woman.

So, why do they feel differently when a woman becomes pregnant against her will but whose sexual activity was willing? This is often where conservative religion takes control of their thought processes. Sex was a choice, so suffer the consequences. The high failure rate of many contraceptives doesn’t move them. If they’re not married, they shouldn’t be having sex anyway.

The Role of Right-Wing Media

Further, thanks to right-wing media like Fox News, many who are anti-choice make the assumption that all women wanting an abortion are single. They think women are using abortion as a form of contraception and it’s something they do easily and casually.

This all gives them a picture of women who have abortions as young, sexually promiscuous, irresponsible, and, most importantly, not behaving in a manner that meets with God’s approval. In their eyes, such women should suffer in some way. An unwanted pregnancy meets that criteria; everyone will know they’ve been sinning.

(Here, we also see the danger of the Christian belief in free will. I won’t discuss determinism in this post, but in the unlikely event you don’t know what it is, look it up. Neither the women or the men, of course, had no choice whether they had sex.)

The interesting thing is, the abortion rate in many religiously conservative states are among the highest in the country. Women from religiously conservative families are able to justify their own abortions while still condemning all other women.

Abortion Rate per 1000 women aged 15-44 (Click graphic to go to source.)

  Why Are Women Wanting An Abortion Different?

Republicans think government should stay out of their lives and there should be as few laws as possible. This rule of no rules, however, doesn’t seem to apply when it comes to women. They, it seems, should have to put up with anything, especially if they’re pregnant. The Federalist Society doesn’t believe women should have the freedom to choose what to do with their own bodies. If a woman is pregnant, she should, in their opinion, have to continue with the pregnancy no matter what the circumstances.

While the Republican party says it’s all about removing government from people’s lives, again, that doesn’t seem to apply to women. They insist they support equality for women, but the evidence does not support that.

Over and over again, when there is legislation in relation to women’s rights and equality for women, the Republican Party fails to support it.

The GOP is constantly making itself harder to vote for. It has become the party of Trump, and his antics are chasing voter away. Women and people of colour in particular no longer feel they have a place in the party.

However, many voters say they don’t care about the things he says as long as the things he changes are ones they like. Conservative and Evangelical Christians are over the moon about a conservative Supreme Court for decades to come. Further, if they vote for him in 2020, there’s a good chance he’ll be able to make another appointment given the state of Ruth Bader-Ginsburg’s health. There is plenty of evidence of religious hypocrisy in the world for any of us to think Trump’s disgusting racism, misogyny, ignorance, narcissism, and all the rest, will stop them voting for him again.

The Democratic Party has to give voters something to vote for. Voting against Trump won’t cut it. Only with a Democratic administration can a woman’s right to choose start to become safe again.

  If you enjoyed reading this, please consider donating a dollar or two to help keep the site going. Thank you.

    Abortion and the GOP Before we go any further, I should note that I am unapologetically pro-choice. I've been pro-choice for as long as I can remember.

Laws to Safeguard Women against Cyber Crimes in India

Information technology has become the axis of today’s global and technology developments. With the advancement of the internet, crimes using this tool too have widened. Cyber crimes pose a great threat to individuals, especially women, who form 90 percent of the victims. Every second, one woman in India gets tricked to be a victim of cyber crimes and the online platform is now the new platform where a woman’s dignity, privacy and security is increasingly being challenged every moment.Cyber crimes incept generally through fake ids created on Facebook, Twitter and other social media platforms causing grave harm to women, as through these platforms, major blackmailing, threatening, bullying, or cheating via messenger messages and email are done by perpetrators.

Cybercrime means any criminal or other offence that is facilitated by or involves the use of electronic communications or information systems, including any device or the Internet or both or more of them.The NCRB Crime in India Report 2015 in its Chapter-18: on Cyber Crimes states that 11,592 cyber crime cases were registered in 2015 (under IT Act, related sections of IPC, and offences under Special and Local Laws) and there was a 20.5%increase from 2014. Further 8,121 persons were arrested during 2015 which indicates increase by 41.2% in arrests from 2014. The Report indicates the motives of the crimes to be: 33.3% for greed/financial gain, 9.6% for fraud/illegal gain, 5.2% for insult to modesty of women (that 606 cases),5.1% for sexual exploitation (that is 588 cases), 3.3% for causing disrepute(that is 387 cases).

Image Credits: OpenGov Asia

  My article is on the most blatant cybercrime that the women are facing in India and challenges in Investigative process.Few of them have been discussed below:

  1) Cyber stalking

Stalking means to “pursue stealthily” and cyber stalking is a behavior in which an individual, group of individuals or organization uses information and communications technology to harass one or more individuals. Cyber stalking is online threat and there is no direct relationship between the victim and cyber stalker .It is believed that Over 75% of the victims are female. The motives behind are sexual harassment, for obsession for love, for revenge and hate and for ego and power trips.This is necessary to increase punishment to deter the crime.U/S 354 D IPC stalking is a criminal offence punishable with imprisonment upto 3 years and fine

In the Vinupriya case, the victim was a 21-year-old student from Salem who had finished her BSc in chemistry. A person had posted morphed nude and semi-nude photographs of Vinupriya on Facebook. On June 26, another obscene photograph was posted on Facebook, leaving Vinupriya traumatised. The investigating officer assumed that she must have sent those pictures to someone and now they were being posted, perhaps by a jilted lover. The questioning of Vinupriya was along those lines. It humiliated her and on June 27, she hanged herself.

  2) Cyber Pornography

This would include pornographic websites; pornographic magazines produced using computers Cyber Pornography is considered an exceptional case which has been covered by the IT Act 2000 to ascertain extent by Section 67 of the IT Act 2000.The punishment is upto five years and fine. Along with IT Act the perpetrator can be punished under various Sections of IPC ,Section 290 for committing public nuisance, section 292 for sale of obscene books etc, and section 292A for printing or publishing grossly indecent or scurrilous matter or matter intended to blackmail, section 293 for sale etc of obscene objects to young persons and then section 294 for doing or composing, writing etc of obscene songs and finally under section 509 for outraging the modesty of women.

  3) Cyber bullying

Cyber bullying is intimidation, threat or harassment using an electronic form of contact by the use of computers, mobiles and the internet. It is punishable under Section 506 of the IPC. It provides for imprisonment for a term which may extend to two years, a fine or both. If the threat is to cause death or grievous hurt, it can lead to imprisonment for a term which may extend to seven years.In an Ipsos survey in 2014, India topped the list of 254 countries for cyber bullying.Blue whale challenge and other viral challenges such as cinnamon are the most brutal form of bullying.

  4) Cyber sexual defamation

Defamation is another common crime against women in the net. This occurs when defamation takes place with the help of computers and the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory matters to others. With the invention of the internet the life of a common man has changed a lot. U/S/499 IPC imprisonment upto 2 years and fine is imposed in case of defamation.

  5)Harassment via email

Harassment includes blackmailing, threatening, bullying, and even cheating via email. Email spoofing is a tactic used in phishing and spam campaigns because people are more likely to open an email when they think it has been sent by a legitimate source. U/S 67 A punishment upto 5 years is imposed for harassment via e mail.

  6) Trolling

Trolls spreads conflict on the Internet, criminal starts quarreling or upsetting victim by posting inflammatory or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the intention to provoke victims into an emotional, upsetting response). Trolls are professional abusers who, by creating and using fake ids on social media, create a cold war atmosphere in the cyber space and are not even easy to trace.

  WHERE TO LODGE A COMPLAINT

A person aggrieved of the offence of offence of cyber defamation can make a complaint to the Cyber Crime Investigation Cell. The Cyber Crime Investigation Cell is a branch of the Criminal Investigation Department(CID). Cyber Crime Investigation Cells have opened up in many cities like Delhi, Mumbai, Chandigarh, Hyderabad, Bangalore, Tamil-Nadu, Gurgaon, Pune, Madhya-Pradesh, Lucknow, etc. The Cyber Crime investigation Cells deal with offences related to the computer, computer network, compute resource, computer systems, computer devices and Internet. It also has power to look into other high-tech crimes. In addition, provisions have now been made for filing of ‘E-FIR’ in most of the states.

  KEY POINTS ON HOW TO PROTECT YOURSELF

1) Passwords Should Not Be Given To Others

2) Personal Information Should Not Be Disclosed.

3) Avoid Meeting Online People Alone.

4) Web Cam Should Be Used With Care.

5) Agreement Terms Should Be Read.

6) Avoid Free Downloading Sites as their files may contain Trojans.  

Measures by Govt. of India

On 23.07.2014, National Commission for Women has submitted a report on “Ways and Means to Safeguard Women from Cyber Crimes in India” which inter-alia recommended for stringent law, Policy to discourage hacking activities, dedicated helpline numbers, opening of more cyber cells, and imparting of proper legal, setting up forensic labs and technical training law enforcement agencies like police& judiciary etc. to combat cybercrime.

The Information Technology Act, 2000 together with Indian Penal Code have adequate provisions to deal withprevailing Cyber Crimes. It provides punishment in the form of imprisonment ranging from two years to lifeimprisonment and fine / penalty depending onthe type of Cyber Crime. However, Government has taken a number of legal, technical and administrative measures to prevent incidents of cybercrimes. These inter alia, include:

Cyber Police Stations and Cyber Crime Cells have been set up in each State for reporting and investigation of Cyber Crime cases.

Ministry of Electronics & Information Technology(MeitY) has setup Cyber Forensics Training Labs in north-eastern States and cities such as Mumbai, Pune, Kolkata and Bangalore to train State police officials and judiciary in cybercrime detection and collection, preservation and seizing of electronic evidence and dealing with cybercrime.

Various steps have been taken by Ministry of Home Affairs, Meity and State Government to modernise the setup and equip police personnel with knowledge and skills for prevention and control of cybercrime through various national and State Police academies/judicial academies and other institutes.

Ministry of Electronics & Information Technology has issued an advisory on functioning of Matrimonial website on 6thJune, 2016 under Information Technology Act, 2000 and Rules made thereunder directing the matrimonial websites to adopt safeguards to ensure that people using these websites are not deceived through the means of fake profiles or misuse/wrong information posted on the website.

The Government has circulated Computer Security Policy and Guidelines to all the Ministries/Departments on taking steps to prevent, detect and mitigate cyber attacks.

A portal namely www.cybercrime.gov.in has been developed by Ministry of Home Affairs to allow public to report cybercrime complaints.

The post Laws to Safeguard Women against Cyber Crimes in India appeared first on Legal Desire.

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Fastin-XR

Hi-Tech Pharmaceuticals is a company we have covered extensively here at Diet Pills Watchdog, primarily out of a sense of duty to point out the dangers associated with using many of their products! This manufacturer is one that operates on the margins or even the wrong side of the law, and is currently locked into an interesting legal dispute with the FDA over its right to sell banned ingredients. This landmark case could hopefully settle the status of harmful substances like DMAA once and for all, forever removing them from the unregulated supplement market and out of the hands of customers it could harm or even kill.

Below we take an in-depth look into Fastin-XR, to see whether another of Hi-Tech Pharma’s stimulant-based products is safe for use.

Fastin-XR Pros

Product will likely cause weight loss

Fastin-XR Cons

Product is harmful and customers report dozens of distressing side effects

Product contains banned ingredients

Ingredient quantities are unlisted

Manufacturer is known for producing unsafe products and has no returns policy

Watchdog Rejected Diet Pills

WATCHDOG TIP: Consider using the consumer #1 rated weight loss product – CLICK HERE

What You Need To Know About Fastin-XR

Fastin-XR is a stimulant-based product that features the use of DMAA, methylsynephrine, synephrine, caffeine and other energy-boosting ingredients. The formula is said to boost weight-loss, mood and energy, as well as suppress appetite. This product features a slightly different ingredient mix than the similarly-named Fastin (also made by the same manufacturer), and features the inclusion of “extended release” technology to ensure that the ingredients affect dieters throughout the day.

Fastin-XR is manufactured by Hi-Tech Pharmaceuticals, a supplement store based in the USA. Hi-Tech Pharma (as they are often called) are known mainly for their extraordinary history of litigation, having fought long and protracted legal battles with the FTC, FDA, respected university professors, medical authorities and rival companies. The company is currently fighting to overturn the FDA’s existing ban on the dangerous stimulant DMAA, on the basis that it can be naturally derived from plants, and continues to sell illegal and unsafe products until their legal argument is roundly defeated. If this was not enough evidence to remove all faith in this company, the president of the company, Jared Wheat, has previously served federal prison time in 2009 for ‘conspiracy to commit wire and mail fraud, and the introduction of unapproved new and adulterated drugs into interstate commerce’.

What Are The Side Effects Of Fastin-XR?

Fastin-XR contains substances that were banned for a reason, and thus may come with serious side effects. These effects are too numerous to list here, but readers can check out the Side Effects tab to read more if desired.

The most notable cause of side effects in Fastin-XR is DMAA, which causes increased blood pressure and heart rate. DMAA was directly found to cause strokes, heart attacks and death before it was banned. Other side effects may include shortness of breath and tightening in the chest, seizures, neurological problems and psychiatric problems. This mix also contains caffeine and a set of ingredients that aim to enhance its effects, which can cause numerous issues (such as insomnia and jitters) in customers who are sensitive to it.

How Much Does Fastin-XR Cost?

Fastin-XR is priced markedly differently depending on where it is purchased from. A 45-capsule pack can cost as little as $24.95 (from Supplement Warehouse) and as much as $69.95 (from the official Hi Tech Pharma webstore), although other retailers normally charge around $40-$45. A larger 90-capsule pack is also available for $45 (from Flex It Nutrition and Supplement Warehouse).

Our Verdict On Fastin-XR

Fastin-XR is the worst kind of product in terms of side effects. Former customers can be found all over the Internet complaining about the adverse feelings this product gave them, normally centred around racing heartbeats. Some customers even considered seeking medical attention.

An attitude like this isn’t extreme; some of the more dangerous substances found in this formula have killed people in the past. One military medical journal linked the use of the banned substance DMAA with the deaths of two soldiers, and medical doctors have continued to report the incidence of illnesses (both mental and physical) after using it. Using this product for more than 8 weeks is seriously unsafe, and customers must also be vigilant not to consume any additional caffeine or synephrine whilst using it. These chemicals are banned for a reason – they are dangerous!

Hi-Tech Pharma are also shady in the extreme in almost every conceivable way. The company almost never publishes their ingredient quantities, fails to offer customers a returns policy, and prices their products ridiculously on their official webstore. Their key business strategy appears to be financially bullying and suing both their critics and the authorities until they get their way, an approach that will hopefully be punished and quashed in the coming years.

Incidentally, Fastin-XR could likely help most customers to lose weight if they can stomach using it. However, we ultimately believe that there must be a better and safer way of achieving this end. Save your money and health and stay away from products like Fastin-XR!

We do not recommend Fastin-XR to our readers.

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Find out why thousands of people are choosing Phentaslim to achieve their weight loss goals, and why it's also the editor's top selection.

Read the Watchdog Phentaslim review here.

Key Features

Ingredients

Side Effects

Testimonials

Guarantee

Where to Buy

Fastin-XR Review

Fastin-XR is a stimulant-based weight-loss product that contains banned substances. It is a similar version of an existing product called “Fastin”, with the distinction of a slightly altered formula and the use of what the manufacturer calls “extended release delivery technology”. The sale of products like Fastin and Fastin-XR have caused controversy and legal trouble for the manufacturer, Hi-Tech Pharmaceuticals, culminating in the seizure of $2million worth of stock in 2013.

Fastin-XR Facts

Manufactured by Hi-Tech Pharmaceuticals

Contains 45 or 90 capsules per bottle

Stimulant-based weight-loss supplement

Hi-Tech Pharmaceuticals is an American manufacturer of various sports, weight-loss and sexual enhancement supplements. It is far more well-known for its legal battles with American authorities and university professors than for its effective and high-quality supplements. As of 2017, its most high-profile legal fracas is being fought against the FDA over whether the company has the right to sell DMAA; although it is clearly banned, Hi-Tech Pharma appear to be continuing their policy of selling banned ingredients until they are forced not to. Despite such a bullish standing against the authorities, Hi-Tech Pharma do not appear to be a particularly major player in the industry, and their poorly-written website and lack of presence with major distributors like Amazon and Walmart give the appearance of an unprofessional small-fry. The company can be contacted via the contact details provided on the website.

How to Take Fastin-XR

Take 1-2 tablets in the morning and 1 tablet after lunch. Do not exceed 4 tablets daily. Fastin® is heat and moisture sensitive, and bottle should be kept sealed after opening. Keep desiccant in the bottle to stave off moisture.

Fastin-XR Concerns:

Customers complain of serious and debilitating side effects

Ingredient quantities not listed

Product contains banned and dangerous ingredients

What Does Fastin-XR Claim To Do?

On the official Hi-Tech Pharma website, Fastin-XR is listed as a weight-loss supplement and “feel-good nutritional product”. The product’s stimulant properties are also emphasised, with the official advertising copy claiming that Fastin-XR gives a dose of “raging energy” that “sharpens senses”.

Hi-Tech Pharma also produce the similarly-named Fastin, and take the time to explain the differences between the products. Fastin-XR is said to be more-stimulant heavy, to the point where it is reportedly “way over the top”. The advertising copy incorrectly states that Fastin-XR is unique in that it contains DMAA (the original Fastin had DMAA as well), as well as certain ingredients that suppress hunger. Fastin-XR’s delivery system is also described as “extended release” (hence its name), which reportedly ensures that the product’s effects last throughout the day.

Does Fastin-XR Work?

This product contains DMAA, caffeine and green tea and should work well as a fat burner (albeit one that will come with a host of side effects). This ingredient combination should also give customers a significant energy boost.

What Are The Ingredients of Fastin-XR?

The ingredients contained within Fastin-XR are listed below. Readers should note that the individual ingredient quantities are not listed, which can make it difficult for us to estimate how effective the product is. Those that are listed are correct for 1 capsule of Fastin-XR.

Caffeine Anhydrous 150 mg: Numerous studies have shown that caffeine boosts energy levels and alertness, as well as mildly boosting the metabolism. The effects shown in studies are small, and some studies are inconclusive. Source: http://ift.tt/1mcOdv8

Proprietary Blend 425 mg

Senegalia Berlandieri Extract (leaves) [yielding 200mg Phenylethylamine Alkaloids Including: Methylsynephrine, N-Methyl-B-Phenylethylamine, N,N-Dimethylphenylethylamine, Phenylethylamine]: This shrub contains a number of diverse alkaloids, many of which can only otherwise by synthesized in a laboratory. Most of these alkaloids stimulate the body to produce certain chemicals that affect the brain and mood, as well as acting as a general stimulant. Some key alkaloids produced by this plant are banned substances. Methylsynephrine can increase the body’s blood pressure and heart rate to occasionally unsafe levels. N,N-Dimethylphenylethylamine appears to be interchangeable with the banned ingredient DMAA, which acts as a stimulant weight loss aid. There is a lack of human studies into how it works and how effective it is at aiding weight loss- the majority of its support comes from anecdotal reports from consumers. Once hugely popular, especially amongst bodybuilders and consumers of extremely strong diet pills, it has become much more difficult to source as the FDA has made continued efforts to remove it from the market and banning its distribution, with millions of dollars’ worth of supplements destroyed by numerous companies. As we discuss in more detail in the side effects section, it causes a wide variety of unpleasant and dangerous side effects. Source: https://en.wikipedia.org/wiki/Senegalia_berlandieri http://ift.tt/2t4goBX

Synephrine HCI: A review of numerous studies concluded that use of synephrine resulted in an increase to the participants resting metabolic rate and energy expenditure, and moderate weight loss was seen in studies lasting over 6 weeks. However, there are some concerns about its safety being under-researched and the numerous side effects that have been associated with it. Source: http://ift.tt/2cENZhI

Theobromine: Theobromine is a mild stimulant. Thought to be a much milder stimulant than caffeine, and is unlikely to have any significant impact upon weight loss. Source: http://ift.tt/1AT75ln

Green Tea (Leaves): Green tea is high in a group of antioxidants called catechins. Studies have suggested that catechins increase thermogenesis in the body, whilst caffeine increases energy expenditure by boosting the metabolism slightly for few hours. Source: http://ift.tt/1tcW0bf

Isopropylnorsynephrine: One early study into this isopropyl derivative of synephrine found that it had more lipolytic (or fat burning) potential than its more famous cousin. Source: http://ift.tt/2fjnP4a

Naringen (fruit): A compound found in grapefruits that accounts for its bitter taste, it is known to extend the amount of time that caffeine remains in the body. This would make the effects of caffeine also last longer. Research also suggests that Naringin enhances lipid (fat) metabolism in the body, which again could have positive implications for dieters. Source: http://ift.tt/1q25hpO

5-Methoxytryptamine HCI: This derivative of tryptamine is closely related to serotonin and melatonin in form. It is likely included to boost mood. Source: http://ift.tt/1Nsw5fT

Yohimbine HCI: Some studies have noticed increased blood concentrations of free fatty acids in participants who use yohimbe extract, suggesting increased rates of lipolysis. However, the Natural Medicines Comprehensive Database has stated that there is insufficient evidence to claim it aids in weight loss. Source: http://ift.tt/2dbBFXH

Does Fastin-XR Have Any Side Effects?

Fastin-XR is a stimulant-based weight-loss product, and is therefore very likely to come with side effects that many will find unpleasant.

Some of the substances that can be extracted from senegalia berlandieri (such as DMAA or methylsynephrine) are banned for a reason. They can significantly increase blood pressure and heart rate, and have been linked with causing strokes, heart attacks and death, even in previously healthy people. Other side effects may include shortness of breath and tightening in the chest, seizures, neurological problems and psychiatric problems. The FDA has been engaged in a major campaign to remove it entirely from the unregulated supplement market for many years, a motion that is heavily resisted by a few unscrupulous companies like Hi-Tech Pharma.

Side effects of caffeine can include headaches, increased heart rate, increased blood pressure, heart palpitations, increased urination, dehydration, jitteriness, dizziness and insomnia. This product also contains synephrine, naringen and theobromine, all of which are substances that interact with caffeine to increase and intensify its positive and negative effects.

Yohimbe can also cause a wide range of side effects, including stomach upset, excitation, tremor, sleep problems, anxiety or agitation, high blood pressure, a racing heartbeat, dizziness, stomach problems, drooling, sinus pain, irritability, headache, frequent urination, bloating, rash, nausea, and vomiting. High doses can cause more severe effects.

Caution: Not for use by individuals under the age of 18 years. Do not use if you are pregnant or nursing. This product can raise blood pressure and interfere with other drugs you may be taking. Talk to your doctor about this product. Sale to persons 17 years of age or younger is prohibited. Individuals who consume caffeine with this product may experience serious adverse health effects. Individuals who are sensitive to the effects of caffeine should consult a licensed health care professional before consuming this product. Do not consume synephrine or caffeine from other sources, including but not limited to, coffee, tea, soda or other dietary products or medications containing caffeine or phenylephrine. Do not use for more than 8 weeks. Consult with your physician prior to use if you are taking medication, including but not limited to MAOI inhibitors, aspirin, antidepressants, nonsteroidal anti-inflammatory drugs or products containing phylephrine, ephedrine, pseudoephedrine, or other stimulants. Consult your physician prior to use if you have a medical condition, including but not limited to, heart, liver, kidney, or thyroid disease, psychiatric or epileptic disorders, difficulty urinating, diabetes, high blood pressure, cardiac arrhythmia, recurrent headaches, enlarged prostate or glaucoma. Discontinue 2 weeks prior to surgery or if you experience rapid heartbeat, dizziness, severe headaches or shortness of breath. In case of accidental overdose, seek professional assistance or contact a poison control center immediately. Avoid alcohol while taking this product. Exceeding recommended serving may cause serious adverse health effects, including heart attack and stroke. Improper use of this product may be hazardous to a person’s health.

Are There Any Customer Reviews For Fastin-XR?

The side effects associated with Fastin-XR are mentioned frequently in customer reviews, even amongst those who regard the product in a positive light. Although some customers have enjoyed positive weight loss results, many others regard the side effects as too intolerable to continue on with the product.

I have taken many diet aids and I actually have a very high tolerance to any type of stimulants. When I purchased the fastin XR, I started with only one capsule to access my tolerance. After 15 minutes of taking it, I had the shakes, my heart felt like it was beating out of my chest, and I was nauseated. I have never had this reaction with any other product. I don’t recommend this product at all.

Like this xr version because it has 1,3 dmaa, which is my favorite ingredient. Big fan of the original, lost a lot of weight on it, but like the way I feel more on this one. You really feel great. My weight seems to drop the same amount that I can tell, you just feel better doing it.

I took 1 tab, in the morning before work, about 15 minutes after my heart my racing. I work in a doctors office so i took my blood pressure, it was 160/92 and pulse 103. It was pretty high. I took it again at 1pm, it went down to 142/81 pulse 80. Still high. I can not focus much. it hard to sit and stare at a computer. When speaking with patients my mouth is not speaking as fast as my head. Ha anyway. They do keep me from feeling hungry. But I just dont like the affect if gives me.

THIS PRODUCT IS BEYOND HORRIBLE!! My heart was racing I was anxious even after going to a half pill. The weight loss that doesn’t happen isn’t worth the heart attack or complications it will give!!

I used to take fastin/Fastin XR in 2012. Within a few short months, I went from a size 9/10 to a 4. I kept the weight off for 3 yrs after stopping this product. I’m only 5 foot 3, so all the extra weight on me was really noticeable. I didn’t like the side effects at all, shaking, racing heart, but it definitely worked. I just started taking this product again a few days ago, because I’ve gained 35+ lbs within 4 months due to major lifestyle changes. I’m trying to get back on track again. Hopefully, I’ll get similar results this time around too. Rated only 4/5 stars because of side effects.

Took it first three days one in morning and one in afternoon was fine, no side effects. I didn’t feel any change on the 4th day, took it in morning and felt my heart race, got very hot and dizzy and felt like I was gonna pass out and room was spinning. Told my hubby I wanted to go to ER within 2 mins of taking it. Also, I felt tired and moody all day after.

Does Fastin-XR Offer a Money-Back Guarantee?

On the official Hi-Tech Pharmaceuticals website, no mention is made of a money-back guarantee or a returns policy of any kind. Customers wanting a return should contact the company before sending any items back for a refund.

The returns policies of third party retailers may vary.

Where Can I Buy Fastin-XR?

Fastin-XR is available to buy from a handful of specialist third party retailers operating online, including Same Day Supplement, Supplement Warehouse, Live Lean Today and Flex It Nutrition. It is also available to buy from the official Hi-Tech Pharma webstore, but is notably not available to buy from more mainstream retailers like Amazon and Walmart due to its use of banned ingredients.

The smaller 45-capsule pack costs an eye-watering $69.95 from Hi-Tech Pharmaceuticals, although the same pack is cheaper when bought elsewhere. The cheapest pack available was $24.95 from Supplement Warehouse, with Same Day Supplements charging $39.99 and Live Lean Today charging $44.99. The larger 90-capsule pack is also available from some outlets. It costs around $45 from Flex It Nutrition and Supplement Warehouse, and $69.99 from Same Day Supplements.

The post Fastin-XR appeared first on Diet Pills Watchdog.

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Califorina judge precludes death penalty for mass murderer as sanction for government misconduct

A helpful reader made sure I did not miss the notable state trial ruling reported in this new HuffPost piece.  As the piece reports, "Scott Dekraai, a 47-year-old man who admitted to killing eight people at a beauty salon in the worst mass shooting in Orange County, California, history, will not face execution for his crimes because of law enforcement misconduct linked to a jail informant program, a judge ruled Friday."  Here is more:

In a rare move, Superior Court Judge Thomas Goethals excluded the death penalty as a punishment option.  The ruling comes after the judge held weeks of hearings centered on whether the Orange County Sheriff’s Department could be trusted to turn over all records in the case.

It’s now expected that next month Goethals will sentence Dekraai to eight consecutive life terms in prison without the possibility of parole ― unless the California Attorney General’s office files a challenge to the ruling with the 4th District Court of Appeal.  “This is not a punitive sanction,” Goethals said in court Friday. “Rather it is a remedial sanction necessitated by the ongoing prosecutorial misconduct.”

Deputy Attorney General Michael Murphy ― the prosecutor who took over the Dekraai case after Goethals recused the Orange County District Attorney’s office due to misconduct ― had argued that the judge should keep the death penalty on the table.  Murphy said that Goethals had already doled out the appropriate sanctions in removing the district attorney’s office from the case and that excluding the death penalty would amount to an additional, unnecessary sanction.  Ultimately, Goethals disagreed. Reading from his ruling, the judge said that compliance by prosecutors and other law enforcement officers with his lawful court orders to turn over evidence in the Dekraai case “remains an elusive goal” and that ignoring those violations would be “unconscionable.”...

The judge’s ruling is extraordinary in the case of a mass murderer.  Dekraai almost immediately confessed to police about his role in the 2011 killing. He formally pleaded guilty to the crimes in 2014.  It appeared Dekraai would swiftly be dispatched to San Quentin’s death row.  But the case against him has been marred by allegations of egregious government malfeasance. His sentencing has remained in limbo amid ongoing allegations that county prosecutors and sheriff’s deputies improperly used a jailhouse informant in his case and then hid key evidence about that for years....

Just days after the 2011 shooting, county law enforcement moved Dekraai, then held in a local jail, next to a prolific jailhouse informant, Fernando Perez. Perez questioned Dekraai about his case. Then prosecutors and law enforcement officers interviewed Perez, and a recording device was placed in Dekraai’s cell, capturing more conversations between the pair.

While it is generally legal for law enforcement authorities to use informants to help bolster cases, Dekraai’s lawyer, Assistant Public Defender Scott Sanders, has argued that in the particular circumstances, the move was a violation of his client’s constitutional rights.  That’s because it is illegal for government agents, including informants, to question or coerce statements out of a defendant who has been formally charged with crimes and is already represented by a lawyer, as Dekraai was.  Prosecutors contended there was no intentional violation because they did not instruct Perez to question Dekraai.

While the contents of the conversations between Dekraai and Perez remain sealed, court records have shown that the informant did probe Dekraai about his crimes.  As Sanders requested more information about the contacts between the two men, he discovered that Perez had also been used as an informant against another one of his clients, Daniel Wozniak.  Wozniak was sentenced to death last year for the killing of two of his friends in an attempt to fund his wedding.

Prosecutors said it was simply a coincidence that the same informant was used against two of Sanders’ most high-profile clients, but the public defender didn’t believe that. Sanders pushed to uncover what would turn out to be tens of thousands of records about the use of informants inside county jails by prosecutors and sheriff’s deputies.... Additional evidence of the informant program came to light over the course of four years and three evidentiary hearings. Sanders’ efforts would ultimately reveal a disturbing trove of long-hidden records: a 25-year-old computerized system that detailed critical information about jail inmates and informants; more than four years of logs created by deputies who managed the informants, which was deleted in 2013 just days before Judge Goethals issued an order requiring its disclosure; and internal sheriff’s department memos, including one boasting of “hundreds of informants.”...

Nonetheless, the sheriff’s department continues to deny a jail informant program exists.  In recent hearings, Sheriff Sandra Hutchens and members of her command and management staff suggested that if there was any informant-related misconduct in the jails by deputies, it was the work of just a handful of rogue officers operating independently of their orders.  Three deputies refused to testify at the hearings, invoking their Fifth Amendment right to silence.  Leaders of the sheriff’s department have also said they’ve made changes to how deputies handle inmates in the jail. The district attorney’s office has maintained that any misconduct by county prosecutors was unintentional and that the scandal has been overblown....

  The 4th District Court of Appeal found last year that the cheating by prosecutors and sheriff’s officials in the county was very real and that the “magnitude of the systemic problems cannot be overlooked.”  Afterward, the U.S. Department of Justice announced an investigation into the official use of jail informants in Orange County.

The scandal had already led to the unraveling of more than a dozen murder, attempted murder and felony assault cases in the county and threatens to upend countless more.  But the ruling in Dekraai’s case on Friday is arguably the most crushing defeat that the beleaguered district attorney’s office has faced since the scandal broke.

from RSSMix.com Mix ID 8247011 http://sentencing.typepad.com/sentencing_law_and_policy/2017/08/califorina-judge-precludes-death-penalty-for-mass-murderer-as-sanction-for-government-misconduct.html via http://www.rssmix.com/

New Report Points to California Prosecutors Who Most Frequently “Violated Their Constitutional Duties”

New Harvard Law Report Shines a Light On Prosecutorial Misconduct and “Names Names”

In a 2015 essay for the Georgetown law Journal about the nation’s most pressing criminal justice reforms, Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals, wrote that a “non-trivial number of prosecutors — and sometimes entire prosecutorial offices — engage in misconduct that seriously undermines the fairness of criminal trials.”

This occurs, Kozinski—a Reagan appointee—wrote, because prosecutors do not have to fear sanctions.

The Supreme Court, said Kozinski in his Georgetown essay, “has told us in no uncertain terms” that a prosecutor’s duty is to seek justice, “not merely to obtain a conviction.”

SCOTUS also laid down, said the judge, “some specific rules about how prosecutors, and the people who work for them, must behave — principal among them that the prosecution turn over to the defense exculpatory evidence in the possession of the prosecution and the police.”

In other words, they must adhere to the landmark 1963 Supreme Court ruling in the case of Brady v. Maryland that requires prosecutors to turn over to the defense any evidence or information that might help the defendant’s case.

9th Circuit Court of Appeals Judge Alex Kozinski

This was a rule, however, according to the judge, that was frequently broken—along with other post-Brady rulings that extended the principle, such as Giglio v. United States, which made it mandatory for prosecutors to let the jury know if a witness had been promised favors exchange for testimony.

“There is an epidemic of Brady violations abroad in the land,” Kozinski thundered in a 2013 ruling.

Yet for all this bad conduct, judges “seem strangely reluctant to name names when it comes to misbehaving prosecutors,” Kozinski wrote. “Indeed, judges seem reluctant to even suspect prosecutors of improper behavior, as if they were somehow beyond suspicion….”

Yet there was a way to change the situation, he said. “Naming names and [publicly] taking prosecutors to task for misbehavior can have magical qualities in assuring compliance with constitutional rights.”

Which brings us to the report out of Harvard.

A Harvard Law School Report Take’s Kozinski’s

A new report about prosecutorial misconduct by Harvard Law School’s Fair Punishment Project aims to do precisely what Kozinski suggested. The report’s authors wrote that they were specifically inspired by Kozinski’s directive about the importance of “naming names.”

Accordingly, the Harvard Law report shines a bright and discomforting light on misbehaving prosecutors in four states: California, Louisiana, Missouri, and Tennessee.

To determine which prosecutors had racked up the most incidents of bad behavior, researchers conducted “an exhaustive review” of every available state appellate court opinion dealing with allegations of prosecutorial misconduct published on those four states from January 1, 2010 to December 31, 2015.

Then they looked at what came of those allegations. They wanted to know if the court “made a finding of prosecutorial misconduct.” If so, they next looked at whether misconduct had a deleterious effect on the case and life of the defendant. After that, they looked at whether a court reversed the conviction or provided some other form of relief for the defendant.

Finally, they measured the total number of misconduct findings for each jurisdiction in these four states, the total number of reversals, the total number of misconduct findings per capita, and the total number of reversals per capita.

In California those findings were rather interesting. In terms of sheer numbers, Los Angeles was No. 1 when it came to both misconduct cases and reversals, with 78 misconduct cases during the six-year period examined, and 22 reversals.

Orange County came in 2nd and 3rd in the same ignominious race with 24 misconduct cases and 7 reversals.

When those numbers were recalculated on a per capita basis, Orange County was in 5th place for misconduct cases, and in 1st place for per capita reversals.

Los Angeles ranked 3rd for misconduct cases per capita, and second for reversals per capita.

Nearby Riverside County cruised into a shameful first place for most misconduct cases per capita with 32 cases filed during the six year period. (Riverside was in 5th place per capita for its four reversals.)

In the spirit of Kozinski’s habit of naming names the researchers picked one county prosecutor in each of the four states they found had most repeatedly and egregiously “violated their constitutional and ethical duties.”

In California, the Harvard group’s unequivocal first place winner was Tony Rackauckas, the District Attorney of Orange County.

Orange County District Attorney Tony Rackauckas with state senator Janet Nguyen

Why Rackauckas is Number 1

So why was Orange County the winner of the bad behavior award? LA appeared to have equally high ratings in the misconduct race, with Riverside coming up as a strong number three.

For example, there is the 1982 murder case that, in 2016, began giving former Los Angeles City Attorney Carmen Trutanich the vapors when, nearly 30 years after the fact, U.S. District Judge David O. Carter concluded that, in the early 1980s, when Trutanich was a young LA prosecutor, he withheld the identity of a witness and failed to correct false testimony by his key witness, in a death penalty murder trial. Judge Carter threw out Williams’ murder conviction and death sentence, and the state bar launched an investigation into Trutanich’s alleged actions.

Riverside too had a high profile reversal in 2016 for a 1997 murder conviction. The reversal occurred after the 9th Circuit—with Kozinski prominently serving on the three-judge panel that heard the case— concluded that the Riverside prosecutor and the prosecution’s primary witness had both lied on the stand, sending Johnny Steven Baca to prison for first degree murder with a sentence of 70 years to life. After a scathing speech by Kozinski on the topic of prosecutorial misconduct—which also excoriated the judges and other officials who let them get away with it—Attorney General Kamala Harris speedily preempted the ruling by the 9th Circuit, and set aside Baca’s sentence.

(The video above allows you to eavesdrop on the Baca/9th Circuit hearing and it is a classic.)

So, again, why Orange County?

It wasn’t that LA, Riverside, and elsewhere in the state didn’t have some genuinely egregious misconduct cases, said project spokesperson, Stefanie Faucher, via email, when we asked about their choice.

“There were several California counties that stood out in terms of the amount and severity of prosecutorial misconduct and reversals, including Orange, Los Angeles, and Riverside counties,” said Faucher.

But Harvard’s Fair Punishment Project report focused on Orange County, she said, “because even though egregious misconduct in that office has been widely exposed, the current District Attorney has done little to meaningfully address the systemic problems.” (You can find the back story on the OC DA’s “snitch” scandal here and here and here.)

The DAs in Riverside and Los Angeles are also newer to those offices, Faucher said, with Jackie Lacey being elected mid-review period,” and the term for Riverside’s Michael Hestrin‘s began in 2015, which is the final year of the report’s review period.

In contrast, Rackaukas has been the head of the office since the late 1990s. “The prosecutorial misconduct in Orange County happened on his watch.

Indeed, Tony Rackauckas was elected in 1998 as the District Attorney of Orange County, California. Previously, he served for ten years in that office as a prosecutor.

According to the report, if he runs for reelection in 2018, he will have to face questions about 58 allegations of misconduct launched against his office between 1997 and 2009.

“Those allegations have continued in the last several years, during which his office has been embroiled in numerous scandals. The Orange County District Attorney’s office ranked in the top five among all California counties for the total number of misconduct findings (3rd), the total number of reversals (2nd), and for the most misconduct findings per capita (5th), and it ranked first for the most reversals per capita, Faucher said. “The scope of the misconduct has been wide-ranging.”

Indeed, it is a point that is hard to argue.

Prosecutors As Reformers

All in all, the report paints a bleak picture, with Southern California rating high on the bleak scale.

“The prosecutors in these jurisdictions, all of whom are elected officials, are imbued with the public’s trust<‘ the report’s authors wrote in their conclusion. “And each and every one of them has violated it, not just on one or two occasions, but repeatedly.” Prosecutors have “illegally concealed important evidence from the defense, made highly unethical statements and arguments, and committed other types of misconduct that undermines the integrity of criminal convictions in serious cases, and of the justice system itself. Prosecutors are tasked not just with seeking convictions, but also with seeing justice done. Our research shows that these prosecutors are failing in this task in very serious ways.”

Miriam Aroni Krinsky, executive director, Fair and Just Prosecution

And yet, the report reminded us, echoing Judge Kozinski, prosecutors like these and others are rarely if ever held accountable.

“It is clear that the mechanisms for accountability are currently insufficient when a prosecutor breaks the law,” the report’s authors wrote. “A robust discussion about how to improve accountability and to address these injustices is sorely needed.”

Obviously, the Harvard report was written with the intention of helping to jump start that discussion.

One piece of cheering news, according to former prosecutor Miriam Aroni Krinsky, is that a significant part of the discussion—and the call for change—is coming from a growing cadre of reform-minded prosecutors themselves. Krinsky, who spent fifteen years as a federal prosecutor, and was the executive director for LA County’s Citizens Commission on Jail Violence, is now the Founder and Executive Director of Fair and Just Prosecution.

“As this report makes clear,” Krinsky told WitnessLA, “prosecutors have both tremendous authority and tremendous opportunities to promote (or undermine) the interests of justice.” The good news, according to Krinsky, is that in various parts of the nation a new breed of prosecutors have run for office on the notion “that they should be judged by metrics that go beyond a tally of convictions, indictments or guilty pleas.” These new, reformist prosecutors—elected in municipalities that “range from Chicago, to Denver, to Orlando, to Corpus Christi” “…are deeply committed to enhanced transparency, accountability, and smart data-driven approaches..” They will, Krinsky believes, “change the landscape in the field of prosecution.”

May it be so.

#Lucifer S2 Ep 17 "Sympathy For The Goddess" Recap & Review

This week on FOX's Lucifer, relationships are exposed and punishment is doled out, but is it all worth it or are innocent humans being punished for bad angel behavior?  

Thought this one might please the SPN and Lucifer fans out there.  

 Lucifer and Amenadiel sit, stealthily, watching as Lilith meets with Zeke, a shady looking client of hers at an outdoor table at a bar. Lilith is trying to get the third piece to the sword of light. She appears to believe that a local crime syndicate has it. Lilith offers the man a briefcase full of money before he presents her with the item she has asked for. He, of course, walks off with the money. As Lucifer, Amenadiel, and Lilith follow him back into the back room of the bar, they realize that something isn’t right. Lilith’s client has been murdered, and a cell phone has been left at the scene of the crime. Lucifer and family now need Det. Decker’s assistance.

 As Lucifer sits in Det. Decker’s office, bugging her, Charlotte Richards/Lilith walks in and asks her for assistance with a client of hers who is having a problem. Of course, Det. Decker says no, so Lucifer coaches Lilith via pantomime as to what to say to Det. Decker to get her to accompany her to her client’s bar to “discover” the body. When they do, they discover that Bianca Ruiz might’ve been behind the killing. Bianca Ruiz is an illegal importer/exporter hiding behind her high end tequila business. It appears that whoever killed Charlotte/Lilith’s client, Zeke, might’ve gotten whatever was in his safe. The gunman who shot Zeke was inexpert and the cell phone which was left behind has an identifiable lock screen on it. Lucifer and company argue over whether said lock screen depicts breasts or, as Lucifer suggests, a woman’s perfectly freckled rump. Clearly, this is not the mark of a cold-blooded professional killer. The team agrees that it is definitely a pair of butt/boob/eyes.

Lucifer walks into Dr. Linda’s office, complaining about his life and how he’s been sidelined by his Mother and the Detective only to find Maze behind the Doctor’s desk. Maze tells Linda what a bad friend Lucifer has been. Meanwhile at the station, Dan and Amenadiel do some bro-bonding. They go out for a friendly lunch and get to know each other. While they’re doing that, Charlotte/Lilith and Chloe attend the Ruiz tequila party. While Charlotte assumes Chloe will show up in an outfit straight from her floor, Chloe impresses in a gorgeous black dress and sexy boots with beautiful straight hair and gorgeous makeup. Charlotte/Lilith suggests that Chloe seduce Chet (the rapper kid) and Chloe refuses. The two wonder why Mrs. Ruiz brought her son to a tequila party when he had just killed someone. Charlotte/Lilith surmises that Mrs. Ruiz doesn’t know and immediately tells her that her son is under suspicion for Zeke’s murder.

Maze drags Lucifer to meet with the chairman of the board who has threatened to take Dr. Linda’s medical license away due to the fact that she helped Lucifer and God Johnson escape the mental institution. Lucifer blunders by admitting to having had sex with Dr. Linda, making the case against her that much worse. Of course, Maze drags Lucifer out of the office at that point. Back at the party, Mrs. Ruiz talks to her son about what Charlotte told her. Chet killed Zeke in order to become an employee of his Mom’s and instead, he quite badly screws things up, admitting that after he killed Zeke, he dropped his phone. Det. Decker listens into this exchange and Mrs. Ruiz catches her. Whoops…

Det. Dan and Amenadiel get to know each other over lunch and a couple of beers and Dan admits that he went to improv class in order to step outside of his comfort zone and stop defining himself by other people. Amenadiel admits that Lucifer is the one constant by whom he defines himself, confiding in Dan that the two competed over everything. Dan asks if the two brothers are competing over Charlotte. Amenadiel tells him no—at least not in the way he might think, and that if they were competing, Amenadiel feels that he has lost. Dan admits that he likes Amenadiel. Meanwhile, Chloe acts as if she’s at the tequila party because she’s one of Chet’s fans. His Mom doesn’t believe her because his music doesn’t sell, but drops her suspicions when Chloe bursts into a spontaneous rendition of one of Chet’s songs. Thankfully, she caught a snippet of one of them earlier, during the investigation. Phew! The bodyguards escort Chloe out of the party and Charlotte stays. After being escorted out, Det. Decker calls Det. Dan to let him know that the phone may be much more important than they originally thought.

As they walk out of the chairman of the review board’s office, Lucifer says something callous and Maze proceeds to beat him up. Lucifer becomes upset when Maze compares Lucifer to his parents and the two have a very public fight that, somehow, no one walking by seems to care about. Maze admits that she is upset that Lucifer and Amenadiel were going to leave her to go to heaven. Lucifer tells her that he plans on going to heaven only for long enough to slam the door on his Mother and Father, once they get there, and Maze works out that Lucifer only needed her to appear angry so that he could more easily sell his story. Rather than being happy, she feels even worse knowing that and is very hurt.

 Back at the station, the teams hits a roadblock when Ella tells Det.’s Decker and Espinoza that the phone’s code is going to take a while to crack. Dr. Linda Martin worries that Lucifer and Maze have killed the chairman when they come into her office bloody and bruised. Dr. Linda tells Lucifer what for and scold him for being such a poor friend to Maze. Dr. Linda is clearly on her last nerve and Lucifer is working it. Lucifer apologizes to Maze and Dr. Linda leaves. Maze promises her on her way out that she will take care of the situation with the review board.

An important moment for Maze and Lucifer

Bianca Ruiz comes into Charlotte’s office at the end of the day to tell her she’s learned what Zeke is smuggling for Charlotte/Lilith. She tells her she is going to hide her cargo if she doesn’t give Bianca her son’s phone. Charlotte of course does her best to get it at the station. Ella tries to hug Charlotte and tells her she is a good person. Wow. Then she threatens to have someone break Charlotte’s legs if she ever hurts Dan again and she leaves Charlotte with the phone. Chloe finds her and tells her to start talking. Some time later, Chloe appears at Lucifer’s penthouse to let him know that Charlotte has told Chloe that she’s Lucifer’s Father’s ex…which is actually true.

One thing we all love about Ella is that she wears her heart on her sleeve. This show will benefit greatly from this new character's presence. 

 Charlotte shows up at Bianca’s office with the phone, but she’s wearing a wire to which Lucifer and Chloe are listening on the other end. Charlotte spills her drink on the wire. Chloe determines Charlotte is up to something and takes the team into arrest Bianca. Bianca has given Charlotte a safety deposit box key. Chloe searches Charlotte/Lilith and doesn’t find anything on her. She has given the key to Lucifer. Lucifer finds a book in the safety deposit box. The only person who can read the book, which is in ancient Sumerian to Lucifer, who can understand and speak all languages. Of course, Amenadiel is the only one who can read the book. The brothers decide that Lilith is hiding something. Maze confronts the chairman in his office. The door closes behind them.

 Back at the station, Chloe confides in Dan that Charlotte is Lucifer’s “Stepmom” and tells him that there is something about her she doesn’t trust, razzing him about being Lucifer’s soon-to-be “kinda like Dad.” Charlotte/Lilith meets with Bianca’s son who has said there was more in the shipment. He shows her a knife and of course stabs her with it. Rather than dying, Lilith removes the knife and light shines out of her and burns the kid to death. Apparently Lilith’s powers are returning. Back at the penthouse, the boys wait while Amenadiel reads the book. There is a key that binds the sword and the belt buckle together. God has entrusted the key to his favorite son. Amenadiel becomes angry, thinking that Lucifer is the one with the key. Amenadiel’s necklace comes off of his neck when he holds the sword. The key was entrusted to Amenadiel. The missing piece of the sword has been found.

In a glimpse of the season finale, we see Dr. Linda apparently dying and Amenadiel telling Lilith she will have to kill him if she wants the sword. Tune in for the conclusion to this dramatic storyline Monday, May 29th, 2017 on the season finale of FOX's "Lucifer."  

 This writer's thoughts on the episode:  

 Clearly, the writers on FOX's Lucifer have outdone themselves. So far, Lucifer seems to be more meandering, off-plot standalone with character-driven dialogue and lots of plot points left twisting in the wind. The dialogue is witty, and the plot could write itself. Fans are certainly looking forward to a wrap-up of some of the more dramatic plot points during this season's finale episode. Keeping the plot tight and weaving in the standalone episodes a bit more could certainly be accomplished via editing. That said, many shows hit a few speed bumps during their second season's while trying to iron out their identity issues. We're all looking forward to seeing how Lucifer progresses as it hits its stride!

Do you see I am Born in the Chinese year of the dragon in the last month of spirit season, last month of pagan year, on the day the French burned hell a Illuminati alchemists for liminal rights practice, and I have the same birthday as Ellen the great of England who is traced back through unknown as various things but basically the woman of ways. Each season is a "way" of change to continue circulating around. Also el creates Doors out. Also El can destroy any attachments by *erase* or negated aka: backtoneutralstarduststuff. Destruction of anything must lead to it in all ways, always... Particles naturalized by noble or "godworthy" muerte. Or murder. Heyyyy miss murder can I. Imagine, how murder is natural. Eat it. Wolf cat fox deer Crane crow human blood elf star child magical eating => recycling program for new mana Ki, chi, la, qi, bo, shi, ru, wa, eh, ah yes I'm just getting my name right here. Hi I am letter ah The first letter of the alphabet soup I chose the next letter of my name to be ai Then al Then am Then ae Then ao Aoue. I get to reletter. Letters. Record. Cards. You are reprogramming your chobit. I am Aragi Nikita Talk to words I weave new images of my way minus logo lango Send video in dream Do you feel my fireworks My dances.. My sky dancing when I am stoned My sleep in the deep down below Hand talking about love Teething problems with you are hereby notified of your response. I'm a vampire deer. And a herbaceous wolf. Thank you. Thanks again for your help with my resume Those two types are me. To embrace them all I get stoned and turn into the reality painted white fox woman who walks the woods in red and gold with a Crane fan and a rabbit ears. I am listening for when you can get back from your computer and lemme tell you how I ATE ATE I Ate your Moon Crow Demon Man Shadow. And Light. DEMONA AND EVA. I ATE YOUR CURSE. Cassidy king. You never would have made. It to today if I didn't undo third worlds curses, blew up dualism, go to hell and high water with your astral self and eat your creepy crow mask. Aka the jabberwock. Aka the larynxk Aka the wind up Aka bloodborne's plague is not fake. The moon presence, I ate. I have now eaten... 6 of them.. Maybe more. Andrew had so many masks he showed:43, and I keep taking them off slowly and decomposing the personal ones... Hes got maybe five left. Entendre meant. I am not on this spirit quest anymore. He is a no. 8 But I am a Chinese 88 8 is the other hand. 88is the luckiest year you can be born. Dragon is the shadow of kirin. Kirin is the embodiment of love untouched. Dragon loves self so much dragon swim/flies joy and laughter and music and dance happy. Kirin is so amazed by the wind and water and fire and sand and voice.. She replicates photocopy part of self that can become a base particle for what intended could become. Love untouched is always the Dream. The best possible most lovely all natural... Shedding of seeds or spores or pollen or fur or skin or hair.. Fertilizer and wish. The soil chooses to accept or decompose. There are So many new mushrooms and purple flowers where I have been walking in the woods. Fox trot is the shadow of reindeer walkz Tap tap tap, is the sound of "teague" in the language of instrumental music. Tap tap tap is a waltz Richard, and tap tap tap step, is a whats it called the Russian dance with the leap turn after the waltz turn. Tap tap tap step Swish stand bow bend, step Zen root clean, send love, receive from earthly life or the core(heart) mutual, burst of fire energy.. Can be called kundali Ku n day rain nai Opens the dumb idea of the lotus crown. We have no head holes or backrooms or backdoors naturally.. All doors require permission. Now that you get me. I hereby enforce and estate law no.0 Any mortal who can must assist. No exceptions. Aka anyone who can experience any kind of death.. Law: no door is entered without a sober conscious invite. All stolen keys, and ketamine, redpill, man above, erectile dope, edible math, missing pieces, and all practices of lunacy, melange, geomancy, alchemy, lsd television void series and services are here by outlawed, defective, unworthy, broken, disappeared, returned in a dream, destroyed, gross notifying nostalgia, and sorry, but rootless. I extract all rhizomial magic from the hands of government, thieves, and criminals, and idiots, in the name of my companion and sage guide, Hekate, returning every amount of magick from any souvenir of such specific needs for afterlife that you'd debase and degrade and enslave and torture and rape the soul out the body so you can claim space in there yourself and catch a ride to heaven or just make your own out of their corpse matter in the absense of summer.. Who ever you are. Your magic use is illegal. I assign all guardian and warrior and sacred noble gods and spirits to snap the curses into sparks called self improvement and keys into creative solutions and fingers into refinement of skills and hands into holding the same time perspective of no time via untime as all others untimed. Your mouths.... Your vibrations will be known hence fourth as bitter apple. Your burrowing is seen as cowardly. Your snatchery from below the God key button in the deep voice caverns of "coal", is punishable by banal magic death. Any questions about the other ways people exploit and destroy everything good? Theyre all death able after a trial education period. By death I mean total number force delete. Faint, coma, amnesia, start over, m.c is minus creation. The minus creation must make themselves before they can be called anything other than be be. Or tiny. Or minor... Or not tuned up. Or illiterate.... M. C. Will keep amnesia fainting until M. C. Awakens to all of self Law. No. 1. M. C. IS THE SHADOW OF REINDEER SACHIKO AND AYAME SHADE AND A SO BE NEED TO BE FULLY LOVED IN ANY WAY.. FULLY. BEYOND CONCEPT. AS THEY are. If. You want me to heal. You, Mr, you, me, you, me, the earth, the hill, the book, the key, the pem, the stave, the sword, the arrow, the teague of the world. Teague is not fake and the original sender immediately notify me how to keep things strictly private equity. Teague means tig taa take tea ta to tao the te the the the the the (French) the - tea - ocha Honorifically tt Tt and aa release kk and jj Kkjj= llllllllllllllllll Luh ell and the tea.m/tea.che.r Tea. Gu. E. The tao. The te. Luelchie: knows the.n. the. Songs. That become earth and sky and all. Luelchie, becomes each earth element and a whole form. Thats known. 4 faces of change in nature's way 3 main concepts. Tao te thing, TURNED Tap. Tap. Tap. Fly. Smile is sadako's real name. Virus is called empathy. Imprint is called human empathetic neuron system. It is a mirrored or bi-cameral upsides Down and backward imprint, stamp, bite, flash, burn, touch.. Thats 8 revolutions to none. Thats called the fool card aka no in site. 8 more revolutions is 1. Magicians 8more is 3d 3more 8ts is full 3d. Thats 4 8ts. Or double double. (88) Most lucky number in my culture. It means you see the snake and you are its equal. You choose. Free choice is a matter of empathy. Which means eye contact and imprinting and enough self trust and fire.. To decipher and recode and rebuild anything. Some Time. Some Take. Much time. Hey Andrew is left. あクアはちなぁ Google his name manager ayeeeeee Andrew is Kah Kah is antelopes They ka kuh kuff kuu lih luu puff ka TON. WHAT IS THAT TON NOISE.. (Tonton to tonntonton ton .. Tomtontoton.) T O N Ton Ga Ton . asaiwapurioka fun fun Run run Ton ton Tin. Tom Fake toggles Tonto means foolish Tonton means booboom You know what sound that is.

Big data, data brokers, and the future of the internet.

An analogy I like to use for the internet is that at its first real public availability, it was a rather VIP club.  Computers were complex, expensive, and ignored by the vast majority of people.  You needed the means and the knowledge to do anything online, and most folks didn’t bother.  My first PC ran DOS, something most people now aren’t familiar with. The internet on that machine was as basic as it came, and the computer that ran it was ludicrously expensive for what little functionality it offered.

Even when Win95 came around, most people hadn’t graduated to the internet.  By then, dial-up had become more stable and I had a direct line rather than sharing a connection with the home phone.  My family had a dedicated car phone which made calls only from the car and was about the size of a small laptop.  It was here that the VIP club started to end, as the GUI for just about everything became substantially more user friendly.  From about here and the time Win98 and true high speed connections hit, the internet became the new wild west.  Back then, unlike now, the villain robbed and shot you publicly in the town center, instead of offering an easy smile while you signed the family farm away by not reading the TOS.

For the average individual, the internet was little more than a curiosity, a wonder. Something with rudimentary chat applications, a new method of shopping, and malware that would cripple you after one misclick. Malware, one of the most common tools of “Big Data”, didn’t get its start the way it is now.  Modern malware is deceptive, doing its best to remain as hidden as possible, for the most part.  Something as simple as a keylogger, relaying every stroke of every key.  An app tracking your every search and location.  In the early days, malware wasn’t quite as subdued.  The real days of the “pop-up” are gone for just about everyone, but back then it was as rampant as it came.  All it took was one bad program, one clicked link, to often just about doom an entire PC to a required reformat.

So as more and more regular everyday Joes got a modem and hit the internet, another market arose for those same people to combat this slew of annoying pop-ups and such.  The giants, Kaspersky, Norton, etc.  Eventually reaching the point that the tracking companies, big data, had to find new and less intrusive methods than simple spam.  Here really began the modern age of these businesses, lurking in traffic well away from most security software, or simply requiring you to oblige your data to use a service.  It quickly became apparent that most people had no qualms whatsoever about handing over personal data rather willingly, which has allowed these companies to become as wealthy and concerning as ever.

My personal view on how to combat big data?  Remove it.  Remove the companies; shut down their means of access, thermite their server farms, and publicly put each and every CEO and higher up on trial for their theft.  If that means the death of many “free” services, so be it.  There was a point when the internet wasn’t just a means of advertisement, when programmers offered things for fun and fame.  The internet might well change from what it is currently, true, but it would survive.

I understand why and how these companies and their business have grown so large. Information is at its heart, power.  What is meaningless information about you to one company is a goldmine to another that wants to directly target ads at you at its lightest, and at its darkest is willing to supply information about your daily travel to prospective thieves, or even the less obvious identity theft criminals.  I’m not dumb enough to believe for a second that these companies all or even mostly operate on the up and up.

The buying and selling of personal information isn’t any more a tool to me than a thief using a crowbar as easy access to your car.  None of it has a place in a civilized society, and all of it should be punished harshly and without reprieve from the law.  In my eyes there is no good use of any of this data, nor in its sale.  It is at its very core abusive, and has only remained mostly untouched out of ignorance and extensive lobbying of politicians.

Unfortunately, politicians are for the most part downright useless, and prone to the natural greed of man.  The mostly unaware consumers mean nothing to them when they can line their pockets in one way or another by appeasing large, wealthy companies.  Thus, very unfortunately and much to my anger, I don’t foresee a real societal solution to this blight.

Thus it becomes necessary to arm oneself with any and all tools available to protect yourself from these data brokers.  Multiple up to date ad blockers is a good start, as many outright cut off errant forms of communication. Avoid those that are less than reputable, as many of these ad blockers themselves have been bought out rather secretly by the companies they once sought to protect you from.

Malware scanning utilities is the next step to shield yourself.  Allow frequent scanning and don’t stop the thing from updating when it needs to. It is a constant cat and mouse game, and by stopping updates you leave yourself vulnerable.  Again, avoid programs that aren’t on the up and up.  Norton, for instance, is now about as useless as they come, especially for a paid program.

Lastly and most importantly, nothing beats knowledge.  The best means of defense you have against your life story being available for sale online rests right between your ears.  Don’t click suspicious looking links, don’t download suspicious files.  Share only what you’re fine with everyone in the world knowing, even if you mistakenly think you’re only sharing with a friend.  Disable all tracking methods you possibly can, turn off your location services when you aren’t actually using them.  There is a plethora of things you can do to at the very least limit what data of yours is available to someone with the cash willing to buy it.

But it’s on you to protect yourself, nobody else is going to do it for you.

Moving on as to the reasons this blatantly broken system is still in place, it really is sort of the way that practices between the generations differ.  The reason that the internet is bombarded with ads is entirely monetary, and the method is decided by those with money.  Those with money being, generally, the previous generation who posses little if any real knowledge of the internet or most of its userbase.

The average person, for instance, will hardly if ever buy anything they have seen on an online ad.  For the most part, pop ups, banner ads, etc, are just clutter.  Clutter that a growing majority simply turn off via new content blocking services.  It should really say something that I’m more willing to, and have, paid for a content blocker.  I’m not going to go into great detail, but it was for my phone and did a substantially better job than any freely offered blocker.

Moreover I, as a consumer, am less likely to buy something that gets intolerably shoved in my face.  The same way I’m going to push aside a street peddler trying to get me to shell out for a trinket, I’m going to ignore and avoid anything and everything shoved into my web experience.

I don’t actually see the web moving away from the ad system for the next decade at minimum.  Two decades being more likely.  Long enough that the previous generation raised on magazine and newspaper ads are dead and buried instead of controlling multi billion dollar media empires, either directly or via investment.  I actually think a new type of service will arise, and it will be an industry based on removing you from tracking and surveillance.  It already exists in its infancy, much of it still free, but all of it a bit basic.  Even with its current limitation, companies and their websites are already starting to catch on and try to combat it.

Forbes, for instance, tells me that I need to disable my adblocker (of which there are several) in order to view the content of their page. Rather than leading to me begrudgingly disabling my blockers, which I never do, it has instead led me to never ever use Forbes or their product.  In fact, even were they to reverse how they handle ad blocking software, I would still continue to not use them out of disapproval of their prior business practices.

Maciej brings up a few good ideas at the end of his video.  Ideas about how long user data should allowed to be stored, about what sorts of data can be stored and how it can be collected, about users being able to “opt out” entirely.  All valid and good options.

What I would add is that these companies are powerful via wealth, and more than willing to flex that muscle at the rats nest of DC.  They will, for the most part, never agree to any of this willingly.  Rather they will fight against any and all of it tooth and nail, and even if they were to lose, they will bitterly bog it all down with endless appeals and lawyers to make it as jumbled of a mess as they can.  Turning what could be a 10 page document into a basically illegible 10,000 page fiasco.

That is part of the reason I advise everyone I know to use content blocking software in every conceivable fashion.  These companies understand one thing, which is money, and it will be hard for them to convince any investors about ad revenues if it becomes apparent that nobody is viewing the ads.

But as long as some board of baby boomer geriatrics think they can somehow generate more revenue for their business via online advertising, there will be a demand to market services for them.  As long as they think the market is there, waiting to be further unlocked via ever more nefarious methods, the Orwellian surveillance will only get worse.

I suppose what I’m getting at is the fact that the current system of online advertising being the primary source of internet revenue is a failing system.  A walking corpse prodded along by those not far from the grave themselves, based on the lack of any understanding or desire to keep up with the times.  Dinosaurs that like the hulking beasts themselves will either evolve to continue or end up as an archaeology project on how things used to be.

The current model is outdated.  It is corrupt.  It is not good for any of us as consumers and it is morally wrong at every level.  As I’ve said before, if it were left to me I’d burn the data centers to the ground and incarcerate those responsible for putting these systems into place.  

The somewhat sad part is that it could have been a fine system, online ads, if the quest for profits hadn’t driven it all to madness.  Instead of being this shady underworld of secret data mining and selling, it could have been a system meant to actually properly advertise to demographics.

If I’m on a website devoted to trying to decipher the problem the incredibly over-engineered German car I own is having, make the banner ads unobtrusive and relevant.  If someone made a relatively inexpensive code reader (nobody does, they don’t even start working until you’re in the $200+ pricepoint), I’d probably buy one.  If only to save me the hassle of going to someone willing and able to scan a BMW which based on working with this car is probably a process that probably involves nine techs, one actually German, and six computers.

Instead, were I to disable my ad blocking, I’d undoubtedly receive zero relevant ads whatsoever.  At least that has been my experience when browsing the internet on a device other than mine.  Sure, ads aren’t exactly targeted on a public PC, for example, but they shouldn’t have to be.  It doesn’t need to be that complex.  If it’s a car website, make the ads about car stuff.

My youngest sister received a letter detailing all the points she should sign up for AARP and an investment firm to protect her retirement savings.  Along with, upon her 14th birthday, a male razor from Gillette congratulating her on her 18th birthday and explaining why she should shave with their product.  Somehow she has been confused at the same time for a retiree and a young adult man.  This is what all that data collected has lead to for its targeting.

It is obvious it doesn’t work.  Obvious it shouldn’t be collected, stored, or sold.  Obvious to me, at least, that at some point this dinosaur is either going to die or become a chicken.  Change is required, and I think it’s about time we stand up and be the giant meteor impact that makes it happen.

Juul Bans Might Lead To More People Smoking Cigarettes

Facing an explosion of vaping-related illnesses — linked to 805 cases and 12 deaths as of Thursday — state officials from coast to coast are banning e-cigarette sales and telling people to stop vaping.

“We are seeing something that we have not seen before,” Charity Dean, acting public health officer of California, said this week in a statewide warning to refrain from vaping altogether.

But critics fear these actions are overreaching. They worry that authorities are failing to distinguish between nicotine e-cigarettes like Juul and vaping devices containing THC, the ingredient responsible for the high from cannabis.

That difference matters, they say, because even though some studies have questioned the safety of vaping nicotine, it’s the latter that has been linked to most of the recent illnesses and deaths.

“There’s a risk in conflating these twin tragedies,” former FDA chief Scott Gottlieb warned in one of several tweets Wednesday. “They each require a very careful and deliberate approach if we’re going to stem these two crises.”

And yanking nicotine e-cigarettes off the market could have health consequences of its own. Ex-smokers who used them to quit may return to tobacco, which smoking experts fear would threaten a decade of progress in reducing smoking rates. Kids now addicted to nicotine because of vaping might turn to cigarettes. Cigarettes are linked to more than 480,000 US deaths yearly; by some estimates, 6.6 million premature deaths could be avoided over the next decade if smokers converted to e-cigarettes.

While denouncing e-cigarettes as dangerous, Ned Sharpless, the acting FDA commissioner, also expressed worries about the unintended effects of a wholesale vaping ban. “We are also quite concerned about people going back to [tobacco] cigarettes,” he told Congress on Wednesday.

Others think that kids will continue to find ways to vape, even after a ban drives more products to the black market. “I just don’t think kids are going to stop vaping,” said Michael Siegel, a physician and tobacco control researcher at Boston University’s School of Public Health. “I don’t think they’re going to say, ‘There’s no more flavored e-cigarettes, this is over.’”

The move could also drive kids to use more dangerous products, such as bootleg THC cartridges that regulators have little to no way of tracking, Siegel said.

As Gottlieb tweeted, “We can’t ban legal e-cigs and leave the THC and CBD unregulated.”

The CDC’s Anne Schuchat said at the Wednesday congressional hearing that she expected to see the nationwide count of vaping-related lung injuries increase in the weeks ahead. The crisis is pressuring state and federal agencies to crack down quickly.

In response to the growing number of vape-related illnesses starting in August, the CDC warned people — including adult smokers trying to quit — to avoid all e-cigarette products.

While the Trump administration has proposed a nationwide ban on flavored e-cigarettes, many states are moving forward with bans and health advisories of their own. New York and Michigan began enacting bans on flavored e-cigarettes this month, and San Francisco is set to become the first major US city to effectively ban all e-cigarette sales.

On Tuesday, California health officials issued a warning to stop vaping immediately, and Massachusetts took the most aggressive action of all states to date. It declared a public health emergency and placed a four-month ban on all vaping products, including ones used for both tobacco and marijuana.

“The purpose of this public health emergency is to temporarily pause all sales of vaping products so that we can work with our medical experts to identify what is making people sick and how to better regulate these products to protect the health of our residents,” Massachusetts Gov. Charlie Baker said in a statement. Other states, such as Virginia, appear to be close behind.

The CDC does not yet know what specific product, brand, or substance may be causing respiratory illnesses. But it says that “most” patients are known to have used THC-containing devices, while “some” used nicotine-only devices. “Many” used devices with both, according to the agency.

There are key differences in how the two substances are regulated. Juul and other nicotine e-cigarettes will come under FDA regulation in May 2020. Marijuana, on the other hand, is illegal under federal law and therefore not under the FDA’s jurisdiction. A handful of states do allow recreational or medicinal use.

Under this legal patchwork, THC vape cartridges are sold at licensed marijuana dispensaries in states where it is legal, but are widely available on the black market. Many popular brands, like Dank Vapes and Mario Carts, are not actual companies, but rather exist only as colorful packaging that can be bought by anyone and filled with “homebrewed” vape oils. Testing has turned up cheap additives, like vitamin E acetate, in the oils of a lot of cannabis cartridges that have sickened people.

It’s these bootleg devices, not Juuls and the like, that are by and large sending people to the hospital, said Gregory Conley, president of the American Vaping Association, a nonprofit that advocates for vaping legislation and receives funding from e-cigarette manufacturers.

At least four of the 12 known vaping-linked deaths involved THC cartridges, his group notes, citing media reports and health agency press releases. In the cases of the other deaths, what the patients were using hasn’t been publicly disclosed.

Nevertheless, most Americans are holding Juul and nicotine vapes responsible for the outbreak anyway. In a recent Morning Consult poll of 2,200 adults, just one-third said they believed that the lung disease deaths were related to marijuana vapes — but 58% blamed nicotine e-cigarettes.

Some former smokers who have turned to e-cigarettes feel unfairly targeted by the bans. Jeannie Cox of Chattanooga, Tennessee, smoked a couple packs a day for 53 years. In 2013, she heard about e-cigarettes on the radio and decided to give them a shot. “After three days of vaping and not wanting a cigarette, I figured out, well, shoot, I think I just quit smoking,” she recalled. “I didn’t even try.”

For Cox, who hasn’t smoked a cigarette since, a ban would make at least some ex-smokers she knows return to tobacco. As for herself, she said she would find other ways to keep getting or making e-liquids.

“I think they’re overreaching,” the 75-year-old said of the recent state bans. “They’re punishing innocent people for what drug dealers are putting out there.”

That’s not to say that nicotine vapes are safe. In fact, Sharpless of the FDA said that “e-cigarette products are not safe” at the congressional hearing, and added they are also technically illegal, as unapproved medical devices, to sell. His agency sent Juul a warning letter earlier this month over marketing, including among influencers on social media, aimed at minors.

While Juul’s sales pitch has always been about helping people quit smoking, the product has been widely criticized for potentially creating an entirely new population of vape users who were never smokers. To say that their devices are popular would be an understatement: More than 1 in 5 young adults use e-cigarettes regularly. (The company did not return a request for comment from BuzzFeed News.)

At the congressional hearing on Wednesday, Lee Norman, Kansas’s state surgeon, testified in favor of a nationwide ban on e-cigarettes, noting that their health risks are basically unknown at this point and that other ways to quit smoking are available.

The catch: Those other methods do not appear to work very well. A major clinical trial, published in February, showed that people more successfully quit when using e-cigarettes versus other nicotine substitutes, like patches and gums.

“Smokers who switch to vaping dramatically reduce the risk of cancer, heart disease and lung disease that smoking can cause,” study leader Peter Hajek, of Barts and the London School of Medicine and Dentistry, told BuzzFeed News by email. “Banning or over-regulating e-cigarettes protects conventional cigarettes from this much less risky competitor and so it is bad for public health.”

Since the vaping deaths appear connected to THC vaping, Hajek added, bans shouldn’t aim at e-cigarettes intended for people who want to quit smoking.

“This is really a public health disaster, to be honest,” said Siegel of Boston University. “I think that it is a tragedy, frankly, that e-cigarettes are being blamed for a problem that is almost certainly being caused, at least mostly, by marijuana vaping.”

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Laws to Safeguard Women against Cyber Crimes in India

Information technology has become the axis of today’s global and technology developments. With the advancement of the internet, crimes using this tool too have widened. Cyber crimes pose a great threat to individuals, especially women, who form 90 percent of the victims. Every second, one woman in India gets tricked to be a victim of cyber crimes and the online platform is now the new platform where a woman’s dignity, privacy and security is increasingly being challenged every moment.Cyber crimes incept generally through fake ids created on Facebook, Twitter and other social media platforms causing grave harm to women, as through these platforms, major blackmailing, threatening, bullying, or cheating via messenger messages and email are done by perpetrators.

Cybercrime means any criminal or other offence that is facilitated by or involves the use of electronic communications or information systems, including any device or the Internet or both or more of them.The NCRB Crime in India Report 2015 in its Chapter-18: on Cyber Crimes states that 11,592 cyber crime cases were registered in 2015 (under IT Act, related sections of IPC, and offences under Special and Local Laws) and there was a 20.5%increase from 2014. Further 8,121 persons were arrested during 2015 which indicates increase by 41.2% in arrests from 2014. The Report indicates the motives of the crimes to be: 33.3% for greed/financial gain, 9.6% for fraud/illegal gain, 5.2% for insult to modesty of women (that 606 cases),5.1% for sexual exploitation (that is 588 cases), 3.3% for causing disrepute(that is 387 cases).

Image Credits: OpenGov Asia

  My article is on the most blatant cybercrime that the women are facing in India and challenges in Investigative process.Few of them have been discussed below:

  1) Cyber stalking

Stalking means to “pursue stealthily” and cyber stalking is a behavior in which an individual, group of individuals or organization uses information and communications technology to harass one or more individuals. Cyber stalking is online threat and there is no direct relationship between the victim and cyber stalker .It is believed that Over 75% of the victims are female. The motives behind are sexual harassment, for obsession for love, for revenge and hate and for ego and power trips.This is necessary to increase punishment to deter the crime.U/S 354 D IPC stalking is a criminal offence punishable with imprisonment upto 3 years and fine

In the Vinupriya case, the victim was a 21-year-old student from Salem who had finished her BSc in chemistry. A person had posted morphed nude and semi-nude photographs of Vinupriya on Facebook. On June 26, another obscene photograph was posted on Facebook, leaving Vinupriya traumatised. The investigating officer assumed that she must have sent those pictures to someone and now they were being posted, perhaps by a jilted lover. The questioning of Vinupriya was along those lines. It humiliated her and on June 27, she hanged herself.

  2) Cyber Pornography

This would include pornographic websites; pornographic magazines produced using computers Cyber Pornography is considered an exceptional case which has been covered by the IT Act 2000 to ascertain extent by Section 67 of the IT Act 2000.The punishment is upto five years and fine. Along with IT Act the perpetrator can be punished under various Sections of IPC ,Section 290 for committing public nuisance, section 292 for sale of obscene books etc, and section 292A for printing or publishing grossly indecent or scurrilous matter or matter intended to blackmail, section 293 for sale etc of obscene objects to young persons and then section 294 for doing or composing, writing etc of obscene songs and finally under section 509 for outraging the modesty of women.

  3) Cyber bullying

Cyber bullying is intimidation, threat or harassment using an electronic form of contact by the use of computers, mobiles and the internet. It is punishable under Section 506 of the IPC. It provides for imprisonment for a term which may extend to two years, a fine or both. If the threat is to cause death or grievous hurt, it can lead to imprisonment for a term which may extend to seven years.In an Ipsos survey in 2014, India topped the list of 254 countries for cyber bullying.Blue whale challenge and other viral challenges such as cinnamon are the most brutal form of bullying.

  4) Cyber sexual defamation

Defamation is another common crime against women in the net. This occurs when defamation takes place with the help of computers and the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory matters to others. With the invention of the internet the life of a common man has changed a lot. U/S/499 IPC imprisonment upto 2 years and fine is imposed in case of defamation.

  5)Harassment via email

Harassment includes blackmailing, threatening, bullying, and even cheating via email. Email spoofing is a tactic used in phishing and spam campaigns because people are more likely to open an email when they think it has been sent by a legitimate source. U/S 67 A punishment upto 5 years is imposed for harassment via e mail.

  6) Trolling

Trolls spreads conflict on the Internet, criminal starts quarreling or upsetting victim by posting inflammatory or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the intention to provoke victims into an emotional, upsetting response). Trolls are professional abusers who, by creating and using fake ids on social media, create a cold war atmosphere in the cyber space and are not even easy to trace.

  WHERE TO LODGE A COMPLAINT

A person aggrieved of the offence of offence of cyber defamation can make a complaint to the Cyber Crime Investigation Cell. The Cyber Crime Investigation Cell is a branch of the Criminal Investigation Department(CID). Cyber Crime Investigation Cells have opened up in many cities like Delhi, Mumbai, Chandigarh, Hyderabad, Bangalore, Tamil-Nadu, Gurgaon, Pune, Madhya-Pradesh, Lucknow, etc. The Cyber Crime investigation Cells deal with offences related to the computer, computer network, compute resource, computer systems, computer devices and Internet. It also has power to look into other high-tech crimes. In addition, provisions have now been made for filing of ‘E-FIR’ in most of the states.

  KEY POINTS ON HOW TO PROTECT YOURSELF

1) Passwords Should Not Be Given To Others

2) Personal Information Should Not Be Disclosed.

3) Avoid Meeting Online People Alone.

4) Web Cam Should Be Used With Care.

5) Agreement Terms Should Be Read.

6) Avoid Free Downloading Sites as their files may contain Trojans.  

Measures by Govt. of India

On 23.07.2014, National Commission for Women has submitted a report on “Ways and Means to Safeguard Women from Cyber Crimes in India” which inter-alia recommended for stringent law, Policy to discourage hacking activities, dedicated helpline numbers, opening of more cyber cells, and imparting of proper legal, setting up forensic labs and technical training law enforcement agencies like police& judiciary etc. to combat cybercrime.

The Information Technology Act, 2000 together with Indian Penal Code have adequate provisions to deal withprevailing Cyber Crimes. It provides punishment in the form of imprisonment ranging from two years to lifeimprisonment and fine / penalty depending onthe type of Cyber Crime. However, Government has taken a number of legal, technical and administrative measures to prevent incidents of cybercrimes. These inter alia, include:

Cyber Police Stations and Cyber Crime Cells have been set up in each State for reporting and investigation of Cyber Crime cases.

Ministry of Electronics & Information Technology(MeitY) has setup Cyber Forensics Training Labs in north-eastern States and cities such as Mumbai, Pune, Kolkata and Bangalore to train State police officials and judiciary in cybercrime detection and collection, preservation and seizing of electronic evidence and dealing with cybercrime.

Various steps have been taken by Ministry of Home Affairs, Meity and State Government to modernise the setup and equip police personnel with knowledge and skills for prevention and control of cybercrime through various national and State Police academies/judicial academies and other institutes.

Ministry of Electronics & Information Technology has issued an advisory on functioning of Matrimonial website on 6thJune, 2016 under Information Technology Act, 2000 and Rules made thereunder directing the matrimonial websites to adopt safeguards to ensure that people using these websites are not deceived through the means of fake profiles or misuse/wrong information posted on the website.

The Government has circulated Computer Security Policy and Guidelines to all the Ministries/Departments on taking steps to prevent, detect and mitigate cyber attacks.

A portal namely www.cybercrime.gov.in has been developed by Ministry of Home Affairs to allow public to report cybercrime complaints.

The post Laws to Safeguard Women against Cyber Crimes in India appeared first on Legal Desire.

Laws to Safeguard Women against Cyber Crimes in India published first on https://immigrationlawyerto.tumblr.com/

Laws to Safeguard Women against Cyber Crimes in India

Information technology has become the axis of today’s global and technology developments. With the advancement of the internet, crimes using this tool too have widened. Cyber crimes pose a great threat to individuals, especially women, who form 90 percent of the victims. Every second, one woman in India gets tricked to be a victim of cyber crimes and the online platform is now the new platform where a woman’s dignity, privacy and security is increasingly being challenged every moment.Cyber crimes incept generally through fake ids created on Facebook, Twitter and other social media platforms causing grave harm to women, as through these platforms, major blackmailing, threatening, bullying, or cheating via messenger messages and email are done by perpetrators.

Cybercrime means any criminal or other offence that is facilitated by or involves the use of electronic communications or information systems, including any device or the Internet or both or more of them.The NCRB Crime in India Report 2015 in its Chapter-18: on Cyber Crimes states that 11,592 cyber crime cases were registered in 2015 (under IT Act, related sections of IPC, and offences under Special and Local Laws) and there was a 20.5%increase from 2014. Further 8,121 persons were arrested during 2015 which indicates increase by 41.2% in arrests from 2014. The Report indicates the motives of the crimes to be: 33.3% for greed/financial gain, 9.6% for fraud/illegal gain, 5.2% for insult to modesty of women (that 606 cases),5.1% for sexual exploitation (that is 588 cases), 3.3% for causing disrepute(that is 387 cases).

Image Credits: OpenGov Asia

  My article is on the most blatant cybercrime that the women are facing in India and challenges in Investigative process.Few of them have been discussed below:

  1) Cyber stalking

Stalking means to “pursue stealthily” and cyber stalking is a behavior in which an individual, group of individuals or organization uses information and communications technology to harass one or more individuals. Cyber stalking is online threat and there is no direct relationship between the victim and cyber stalker .It is believed that Over 75% of the victims are female. The motives behind are sexual harassment, for obsession for love, for revenge and hate and for ego and power trips.This is necessary to increase punishment to deter the crime.U/S 354 D IPC stalking is a criminal offence punishable with imprisonment upto 3 years and fine

In the Vinupriya case, the victim was a 21-year-old student from Salem who had finished her BSc in chemistry. A person had posted morphed nude and semi-nude photographs of Vinupriya on Facebook. On June 26, another obscene photograph was posted on Facebook, leaving Vinupriya traumatised. The investigating officer assumed that she must have sent those pictures to someone and now they were being posted, perhaps by a jilted lover. The questioning of Vinupriya was along those lines. It humiliated her and on June 27, she hanged herself.

  2) Cyber Pornography

This would include pornographic websites; pornographic magazines produced using computers Cyber Pornography is considered an exceptional case which has been covered by the IT Act 2000 to ascertain extent by Section 67 of the IT Act 2000.The punishment is upto five years and fine. Along with IT Act the perpetrator can be punished under various Sections of IPC ,Section 290 for committing public nuisance, section 292 for sale of obscene books etc, and section 292A for printing or publishing grossly indecent or scurrilous matter or matter intended to blackmail, section 293 for sale etc of obscene objects to young persons and then section 294 for doing or composing, writing etc of obscene songs and finally under section 509 for outraging the modesty of women.

  3) Cyber bullying

Cyber bullying is intimidation, threat or harassment using an electronic form of contact by the use of computers, mobiles and the internet. It is punishable under Section 506 of the IPC. It provides for imprisonment for a term which may extend to two years, a fine or both. If the threat is to cause death or grievous hurt, it can lead to imprisonment for a term which may extend to seven years.In an Ipsos survey in 2014, India topped the list of 254 countries for cyber bullying.Blue whale challenge and other viral challenges such as cinnamon are the most brutal form of bullying.

  4) Cyber sexual defamation

Defamation is another common crime against women in the net. This occurs when defamation takes place with the help of computers and the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory matters to others. With the invention of the internet the life of a common man has changed a lot. U/S/499 IPC imprisonment upto 2 years and fine is imposed in case of defamation.

  5)Harassment via email

Harassment includes blackmailing, threatening, bullying, and even cheating via email. Email spoofing is a tactic used in phishing and spam campaigns because people are more likely to open an email when they think it has been sent by a legitimate source. U/S 67 A punishment upto 5 years is imposed for harassment via e mail.

  6) Trolling

Trolls spreads conflict on the Internet, criminal starts quarreling or upsetting victim by posting inflammatory or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the intention to provoke victims into an emotional, upsetting response). Trolls are professional abusers who, by creating and using fake ids on social media, create a cold war atmosphere in the cyber space and are not even easy to trace.

  WHERE TO LODGE A COMPLAINT

A person aggrieved of the offence of offence of cyber defamation can make a complaint to the Cyber Crime Investigation Cell. The Cyber Crime Investigation Cell is a branch of the Criminal Investigation Department(CID). Cyber Crime Investigation Cells have opened up in many cities like Delhi, Mumbai, Chandigarh, Hyderabad, Bangalore, Tamil-Nadu, Gurgaon, Pune, Madhya-Pradesh, Lucknow, etc. The Cyber Crime investigation Cells deal with offences related to the computer, computer network, compute resource, computer systems, computer devices and Internet. It also has power to look into other high-tech crimes. In addition, provisions have now been made for filing of ‘E-FIR’ in most of the states.

  KEY POINTS ON HOW TO PROTECT YOURSELF

1) Passwords Should Not Be Given To Others

2) Personal Information Should Not Be Disclosed.

3) Avoid Meeting Online People Alone.

4) Web Cam Should Be Used With Care.

5) Agreement Terms Should Be Read.

6) Avoid Free Downloading Sites as their files may contain Trojans.  

Measures by Govt. of India

On 23.07.2014, National Commission for Women has submitted a report on “Ways and Means to Safeguard Women from Cyber Crimes in India” which inter-alia recommended for stringent law, Policy to discourage hacking activities, dedicated helpline numbers, opening of more cyber cells, and imparting of proper legal, setting up forensic labs and technical training law enforcement agencies like police& judiciary etc. to combat cybercrime.

The Information Technology Act, 2000 together with Indian Penal Code have adequate provisions to deal withprevailing Cyber Crimes. It provides punishment in the form of imprisonment ranging from two years to lifeimprisonment and fine / penalty depending onthe type of Cyber Crime. However, Government has taken a number of legal, technical and administrative measures to prevent incidents of cybercrimes. These inter alia, include:

Cyber Police Stations and Cyber Crime Cells have been set up in each State for reporting and investigation of Cyber Crime cases.

Ministry of Electronics & Information Technology(MeitY) has setup Cyber Forensics Training Labs in north-eastern States and cities such as Mumbai, Pune, Kolkata and Bangalore to train State police officials and judiciary in cybercrime detection and collection, preservation and seizing of electronic evidence and dealing with cybercrime.

Various steps have been taken by Ministry of Home Affairs, Meity and State Government to modernise the setup and equip police personnel with knowledge and skills for prevention and control of cybercrime through various national and State Police academies/judicial academies and other institutes.

Ministry of Electronics & Information Technology has issued an advisory on functioning of Matrimonial website on 6thJune, 2016 under Information Technology Act, 2000 and Rules made thereunder directing the matrimonial websites to adopt safeguards to ensure that people using these websites are not deceived through the means of fake profiles or misuse/wrong information posted on the website.

The Government has circulated Computer Security Policy and Guidelines to all the Ministries/Departments on taking steps to prevent, detect and mitigate cyber attacks.

A portal namely www.cybercrime.gov.in has been developed by Ministry of Home Affairs to allow public to report cybercrime complaints.

The post Laws to Safeguard Women against Cyber Crimes in India appeared first on Legal Desire.

Laws to Safeguard Women against Cyber Crimes in India published first on https://immigrationlawyerto.tumblr.com/