Identity theft is now a pandemic, and a scourge for its victims. Is the federal government finally ready to fight back? The Identity Theft and Restitution Act of 2008 was recently signed into law by President Bush. The new law is supposed to make it easier for the government to convict those charged with pursuing computerized identity theft. Supporters tout this legislation as allowing federal prosecutors to be more aggressive in cracking down on identity theft cyber crime. But will it work to protect millions of future victims? The new law provides for the following:
1. Discarding the requirement that damage to a victim’s computer exceed $5,000 over a one year period before charges can be asserted for unauthorized access to a computer.
2. Eliminating the interstate jurisdictional requirement, thus allowing prosecution of those who steal personal information from a computer, even when the victim’s computer is located in the same state as the thief’s computer.
3. Allowing victims of identity theft to seek restitution for an amount equal to the value of the time reasonably spent to fix their problems.
4. Adding the charge of a conspiracy to commit cyber crimes. (The prior law only allowed for charges related to the actual crime, and made no provisions for conspiracy to commit the underlying charge.)
5. Adding the remedies of civil and criminal forfeiture to better allow federal prosecutors to combat cyber crime. Individuals found guilty of violating the act can be forced to forfeit both property used in commission of the cyber crime, as well as property obtained from any proceeds gained from the cyber crime.
6. Making it a felony to electronically damage ten or more computers no matter the value of the damage caused.
7. Making it a crime to threaten to steal or release information from an individual’s computer. (Prior law only permitted the prosecution of those who seek to extort companies or government agencies by explicitly threatening to shut down or damage a computer.)
It is intended that the new law will allow federal prosecutors to be much more aggressive in prosecuting identity theft criminals. Elimination of both the $5,000 damage requirement and the interstate jurisdictional requirement should make it easier for prosecutors to bring charges. But will it really help? The federal government has tried to keep up with identity theft for years with few results. If the feds are truly interested in stamping out the pandemic, it is with the enforcement of the laws, and not just new laws, that will turn the tide. Still, there are encouraging signs that a wide ranging effort is being made. The IRS is helping out by allowing in this next year all but the last four digits of taxpayer ID numbers to be blocked out on 1099’s, W-2s, and other informational returns. There is privacy in that move.
If in the process of hiring new employee you, as employer, have already done your homework of forming an opinion about applicant’s professional qualities and their ability to perform the duties up to your expectations, you might now want to find out just a little bit more about the background history of those few applicants you’ve ultimately narrowed down your preliminary selection to. Don’t feel bewildered due to having run an official check on them. It doesn’t make you a peeping Tom! Failing to look into their past could cost you and your company dear. That’s grim reality of modern times. Conmen, terrorists and fraudsters don’t have their criminal inclinations written on their faces...
Safety in Scrutiny.
Failing to screen potential employees can lead to loss of money, damage to your reputation, negligent hiring lawsuits and creation of unsafe work environment exposing other employees to risks of being harmed. Following the 7/11 events, measures were taken everywhere to enforce security in every possible way. Not only potential employees fell under tighter scrutiny, but even current employees got scrutinized afresh. Feeling of the threatened security and impaired safety has increased the number of employers taking potential employees’ pasts as matter of priority while hiring exponentially.
Two Sided Tale.
From among variety of jobs, the backgrounds of applicants for certain positions of responsibility have quite naturally, not to say traditionally, become subject to tighter scrutiny than others. Regardless of the industry a policy of ‘better safe than sorry’ can go a long way. Another survey revealed that 39% of all screenings raise at least one red flag from someone’s past, whilst in average 30 to 40 percent of all job applicants either provide false information or distorted facts. That is an issue, for if employers have every reason to be cautious, potential employees have not less reason to fear that events and facts from their past that don’t relate in any reasonable way to application for the job might be dug up and irresponsibly exposed to people that have nothing to do in any way with this background screening.
In the Net.
With Internet becoming source of information stored in databases that quite often don’t restrict users access, employers of nowadays can easily gather the information on their own by accessing public records – marriage, criminal, civil, sex offender, birth, death, prison and many other types of records and files. If you just do as little as typing someone’s name in quotes in search engine search box, you might be surprised by the information that comes up. But then again, you may not get anything. Whatever is the case, make sure to be fair towards a potential employee by re-verifying any negative information that comes up on data base searches. There are professionals who specialize in conducting background checks on people and even groups of people such as private investigators, online data brokers, credit reporting agencies, employment screening companies etc. whose services you’ll need at final phase of the background screening (background history check).
A professional criminal background check includes past employment verification, credit reports, social security number confirmation, education and professional credentials proof, driving records check, extensive search for criminal records or against sexual offender lists. Employer should never forget about the provisions of the Privacy Protection Act mandating that employers get written consent from a potential employee prior to authorizing background check to be run – otherwise you run valid risk of having lawsuit filed against you for violating your applicant’s privacy.
Do Jurors have the right to judge the law as well as the facts in a case?
They sure do.When the U.S. Constitution recognizes the right to the trial by jury, it provides the common law trial by jury. This applies to both criminal law and to civil law suits 'according to the rules of the common law'.
Mass Murder Conspiracy? World Wide?
In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. There is no limit on the number participating in the conspiracy and, in most.
Put it in the context of criminal law.?
The elements of a stalking crime requires (1) several acts (2) threats (3) specific intent and more. Planning may be easy, but it takes someone with their mental faculties intact. If a person accused of stalking raises the defense of insanity, it means that he/she admits to the crime, but says.
Testimonies in criminal law?
Do testimonies of witnesses to testify in court need to be presented in pre-trial proceedings to the defense and/or the prosecution? Yes. Its called 'Brady' material. See Brady v. Maryland, 373 U.S. 83 (1963). Brady Material consists of: 1. Exculpatory evidence. 2. Evidence that goes to either proof of guilt or imposition of punishment. 3..
'Unjust law is not law'?
Does a law need to be just, what is the definition of just, fair, justice or moral? In today world, lot of law is created to facilitate economic growth, to suit political purpose such as what the party promise the people even criminal law can be use to achieve party aim. Lot of judges.
What is the difference between common,criminal,civil and case laws?
Common Law: In UK common law is one of the main sources of law. This term is used to denote rules derived from decisions of superior courts in contrats to those derived from statutes. Common Law included rules of precedents,customs and ancient legislations. Distinction between criminal law and civil.
What's the primary duty of executive branch of government in criminal law?
Section 3 of Article II of the U.S. Constitution commands that the President of the United States 'shall take care that the laws be faithfully executed.' Additionally the President appoints public ministers, consuls and other officers of the United States. Implicit in these constitutional duties is.
Can somebody who knows criminal law please help?
I got arrested for something I did not do. My father put up his condo to post my $8,450 bail. A few months after getting out of jail he sold the condo. I never received any letter ordering me to show up for court, probably because the mailing address the courts.
Does Louisiana have a three strikes law?
How much time do you think a person with two felonies would get for unauthorized use of a motor vehicle? I am, in fact, a Louisiana criminal law attorney. And I can tell you, your best bet is to talk to an attorney local to the area who practices in the court.
I need some criminal law advice?
ok well first off i kno stealing is bad and im stupid and all that. w/e only answer this if u kno wat ur talkin about. pleasr no stupid answers. ok anyway i have shoplifted some candy from rite-aid. they stopped me told me to be compltely honest with them and give them.
What are sum of the top law schools for criminal law ?
The same as the general top ten: Yale, Harvard, Stanford, Columbia, NYU, Chicago, Penn, Michigan, Berkeley, Virginia and Duke. No one really pays attention to specialty rankings. - Outside of the Ivy League, I highly recommend San Diego and Univ. of Arkansas. - Law schools don't.
What are the diffent types of law?
There are two major groupings of law--criminal law and civil law. You can practice criminal law on a local level (local DAs office or equivalent) or federal level (either with the US Attorney's office or the Department of Justice). There is all kinds of criminal law--sex crimes, guns and drugs, gangs,.
What is civil & criminal law?
Criminal law pertains to wrongs against the state. In other words, when laws are broken. The state or federal government goes against an individual or entity. Civil law pertains to personal issues such as divorce, damages in actionable causes, etc. It is an individual or entity against another individual or entity. -.
What is the meaning of 'criminal offence' and 'commit a crime' are them diffrent meaning? guide me please!
Criminal offense: A crime in a broad sense is an act that violates a political or moral law. In the narrow sense, a crime is a violation of the criminal law. For example, most traffic violations or breach of contracts.
Where can I find free legal advice in Louisiana or online for criminal law?
My fiance was booked on a burglary in a dwelling charge. something he didn't do, he has witnesses that were with him at the supposed time of the burglary. They are still going to charge him regardless, and they have him on a parole hold.
Can necessity be used for attempted murder in law?
I'm doing a moot case and i need to know if neccesity is avaliable for attempted murder. Thanks! First answer with source gets best answer! In criminal law, necessity may be either a possible excuse or an exculpation for breaking the law. Defendants seeking to rely on this defense argue.
How can the law be used as a tool for social engineering?
I'm an online criminal justice student currently taking a criminal law class. All help would greatly be appreciated and if someone could point me the right directions as to how to research this topic for a paper, I would gladly appreciate it. Thanks a million I too.
Criminal or Civil Law?
I have homework, and we have to match terms that have to do with civil/criminal laws. I have a couple of the terms, but most of them I'm so confused on! Can anyone giv me ideas as to where they go? Remember the terms have to go undereither civil or criminal law. These are the.
Is it a abuse of criminal law to lock up 18 yr olds for having sex with 15 year olds?
I know a guy that went to prison for 7 years for having sex with one of his classmates. This did not happen in the 1960's and 1970's. While maybe it was wrong the punishment is too severe as.
Should criminal law of India be changed?
Most of the Indian law- criminal law, civil law etc. implimented at British time and the sections - word by word are the same of more than 100 years old and these laws were framed only to benifit the bristish rule . The modern legal system which is not only India but.
What constitutes a Federal Crime in the United States?
Bombings? Shootings? Does it always have to involve a crime against a government agency? A federal crime is a violation of a criminal law passed by Congress. Federal crimes are investigated by federal law enforcement agencies and prosecuted by the US Attorney for the judicial district in which the crimes.
What's the best way to answer a criminal law question?
I have previously taken a criminal law exam and failed but I got distincts in Tort and Civil litigation and Land law. Just do not understand where I'm going with this subject because I enjoy crime and understand it better. I spent more time on criminal exam than the.
How does one obtain an attorney position in criminal law without experience.and still make loan payments?
with a year of law clerk experience! maybe he's that good..does he have a license? - Pass the Bar exam,go down to the Public Defender's office. Those people can use all the help they can get. - Public defenders office is a good.
Criminal law categories?
'state the 5 categories of criminal law and give one example for each' these examples cannot include arson or burglary. Cheers Crimes against national security -rebellion and sedition Crimes against chastity - rape and seduction Crimes against public officials - direct assault Crimes against properties - theft and robbery Crimes against persons - murder, homicide and.
Criminals are wicked and should be punished.can you justify?
Any person found guilty of any offence under the provisions of the criminal law gets punished for the offence they commit. To file a criminal complaint is different issue but to get the accused convicted is another as the prosecution can only be successful in getting the accused convicted.
Difference of civil law and criminal law in term of music download?
I am writing about the music download illegally. One of the topics needs to cover is the difference between civil law and criminal law. What do you think the music download is considered the civil law? I will assume you are referring to 'music upload'. 'Downloading' has.
An aggressor cannot claim the right of private defense in criminal law'.explain the stateme.?
Right to self defense has very limited scope in criminal law, although criminal jurisprudence allows it but with limited use to defend the person or property to the extend it only disable the offender from inflicting harm to the person or the property, what.
Do you have to go to law school to become a prosecutor?
Yes. Also, criminal law and criminal procedures were electives at my law school, but essential for a prosecutor. - normally yes - yes. prosecutors are licensed attorneys. There is one state, West Virginia, that will allow someone to 'challenge' the bar exam without going to law.
List the eight limitations upon what an American legislature may criminalize through its statutes?
cant seem to find this answer in my criminal law book. Ahhhhh. WHAT? - You probably cannot find it because there is not a short list of specific things that cannot be criminalized -- unless some textbook made up a list. At the state level,.
Please criminal law experts only. What is required to actually?
prove a violation of child pornography law? Yes, it is difficult to prove in some cases where the person is close to the legal age limit. It's not child pornography if the person is actually an adult, but only looks like a teen -- because that's not what the.
What is a crime?
A crime in a broad sense is an act that violates a political or moral law. In the narrow sense, a crime is a violation of the criminal law. For example, most traffic violations or breach of contracts are not crimes in a legal sense. It is a a violation of a local, state,.
More law questions please visit : LawFreeFAQ.com
You don’t have to be stuck with a criminal conviction on your record. Your Washington State criminal conviction can be expunged if you meet the criteria. And after your conviction is expunged, Washington State law permits you to state you have not been convicted for employment purposes.
Expungement is an often misunderstood term and process. In Washington State expungement of a criminal record or criminal conviction is accomplished by Vacating the Criminal Conviction. The terms Expungement and Vacating are largely interchangeable, the difference being that Vacating is the legal term.
Expungement of a criminal record by vacating the conviction does not destroy or seal the file. However, it is possible to destroy, or expunge, an arrest record if the eligibility requirements are met. When an arrest record is expunged, the booking photos and fingerprints are destroyed and removed from the police record.
In Washington State, the expungement process differs between felony and misdemeanor convictions. The following 7 steps are an overview of what is involved.
1. The Required Time Period has Passed Since the Case Completed.
The first eligibility requirement to expunge your conviction in Washington State is passage of the required time period. For a misdemeanor, the time period begins to run on the date the case is Closed. For a felony conviction, the time period begins to run on the date a document called a Certificate of Discharge is filed with the court. In both instances, a case is Closed or a Certificate of Discharge is filed after all the sentence conditions are completed as required.
2. The Conviction is Eligible for Expungement.
Certain convictions, and classifications of convictions, are not eligible for Expungement in Washington State. Generally, class A felonies (the most serious), sex crimes, and violent crimes cannot be expunged in Washington State. Among misdemeanors, Washington State does not permit a DUI conviction to be expunged.
3. You Meet the Clean Behavior Requirement.
Two situations will make your conviction ineligible for expungement. For a misdemeanor, if you were convicted of another crime on a later date then you would not be eligible to have the misdemeanor expunged. For example, if you were convicted of a misdemeanor in 1995, and another crime in 1997, then the 1995 crime would not be eligible to be expunged. For a felony, if you were convicted of another crime after the date the Certificate of Discharge was filed then you cannot expunge the felony.
4. Special Rule for Misdemeanors.
Washington State has an interesting rule that applies only to misdemeanor convictions. To expunge a misdemeanor, you cannot have had any other conviction expunged (vacated). What this means is if a person has a felony conviction and a misdemeanor conviction, and the person expunged the felony conviction first, then the misdemeanor could no longer be expunged. However, if the misdemeanor was expunged first, and if the misdemeanor conviction occurred before the felony conviction, then the felony could still be expunged.
An expungement, or vacation of a criminal conviction, requires a judge to sign a court Order. The court process is begun by filing a Motion to Vacate Conviction with the court. Prior to filing the Motion, you should get copies of the Docket and the Judgment & Sentence from the court clerk. You should also obtain a criminal history report, called a WATCH Report, from the Washington State Patrol website.
6. Your Day In Court.
Most Washington State courts require a hearing to Expunge, or Vacate, a criminal conviction. Most courts do not require you to attend if you have a lawyer appearing at the hearing on your behalf. If the preparation has been done properly, then the hearing should go very smoothly and the judge will sign the Court Order Vacating your criminal conviction.
7. Your Criminal Record is Cleared.
The court clerk processes the Order and sends a certified copy to the Washington State Patrol, which removes the conviction from the public database. The FBI record is updated based on the Washington State record. And, if the Order was prepared correctly, a copy will also be sent to the police department that handled the case and your record will also be cleared in their file. Your conviction has now been expunged (vacated), and your criminal record is cleared.
As you can see, you don’t have to be stuck with a criminal conviction on your record. It is not difficult to expunge a conviction in Washington State if you meet the straightforward criteria. In most cases, these 7 steps take only a few weeks to complete.
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