Note:Law enforcemnet violated the U.S.C. 42 1983 claim under color of state law and more!The Governmental agnecy of the flip side can't be charged with violating the U.S.C.42 1983 claim but the can be charged with violating the United States Constitution!
Byron Carter Jr.’s Family Sues Austin, Texas, in Shooting Death
Byron Carter Jr.’s parents and the mother of his infant son seek justice in federal court for wrongful death and civil rights violations at the hands of police.
By Danielle Wright
Posted: 10/17/2011 06:12 PM EDT
Filed Under police brutality, Texas
The family of a young Black man shot in May by a white police officer is suing the city of Austin in federal court for the death of their loved one.
The family says that Austin police officers Nathan Wagner and Jeffery Rodriguez followed Byron Carter Jr. and a friend to their car after they left a social function in downtown Austin. In the court documents, the family claims that the officer shot Carter to death and wounded his friend "simply because they were young, African-American males in a gentrified part of downtown Austin."
"My clients deserve to know why their son was killed, and we are confident this lawsuit will provide answers," the Carter family's attorney, Adam Loewy, said Tuesday.
According to the complaint, as Carter’s friend pulled his car away from a curb, the officers ran up to it from a dimly lit area with guns drawn. Reportedly, Wagner and Rodriguez did not identify themselves as police officers and opened fire into the car.
The police department’s story differs, however. Police Chief Art Acevedo said at the time that on May 30, the day of the shooting, the officers were patrolling downtown looking for car thieves when they saw two people walking and acting suspiciously.
Allegedly the officers lost sight of the pair, and eventually walked up to a red car parked in front of an apartment building. They could not initially see in the car and they claim that the car lunged toward the officers, striking Rodriguez.
In response, Wagner fired several shots striking and killing Carter, 20, and wounding a 16-year-old who was driving the car, police said. The unidentified teen was charged with assault on a police officer, but in September a grand jury completed its review of the incident and declined to indict the teen, an action the family’s lawyer calls “big” in the case.
The lawsuit claims that Carter and his friend had not committed any current or previous criminal acts, nor were they “wanted.”
The complaint also charges that the Austin Police Department has had several unjustified shootings against African-Americans in recent years, including those against Nathaniel Sanders II, Kevin Brown and Jesse Lee Owens, and that the department has not addressed the systematic problem.
Carter’s mother and father, as well as the mother of his 1-year-old child, are jointly seeking damages for wrongful death, excessive force and civil rights violations, including "employing deadly force disproportionately against minorities."
To contact or share story ideas with Danielle Wright, follow and tweet her at @DaniWrightTV.
(Photo: Texas Law Enforcement
Family of DJ Henry Still Searching for Answers One Year After His Death
Angella and Danroy Henry Sr. have initiated their own investigations and lawsuits against the police department they say is still refusing to release evidence from their son’s shooting.
By Danielle Wright
Posted: 10/17/2011 09:00 AM EDT
Filed Under DJ Henry, crime
For many, today may just be another Monday, but to the Henry family, Oct. 17 serves as a reminder of the day their lives changed forever; it marks the day their son, Danroy Henry Jr., or DJ, as they called him, was shot to death “unreasonably” by a white police officer.
It all took place just one year ago today in the early morning outside of Finnegan’s Bar and Grill in Thornwood, N.Y.
Twenty-year-old Henry and his Pace University football team had lost their homecoming football game hours earlier. In the aftermath, Henry’s fate turned deadly.
Police were summoned to the tavern because of a reported disturbance. Henry was leaving the scene when his vehicle struck Pleasantville, N.Y., police officer Aaron Hess, who fired his gun through Henry’s windshield, fatally wounding the Easton, Mass., student.
Many of the tragic incident's details have been hotly disputed by the Henry family and the police. And today, the Henrys are still searching for answers in a case in which they say too much evidence has been tampered with or kept secret.
“There was a lot of what we consider to be 'questionable practice' here,” Danroy Henry Sr. tells BET.com. “They claim the [officers’] dash cams weren’t operating that night at that moment. His car, we believe, was tampered with; it was sanitized to make it difficult to determine the trajectories of the bullets fired. His phone was used twice after it was evidenced, and after he was already gone. The autopsy we believe was tampered with. And we believe there were other things that were manipulated here.”
Since their son’s death, Henry’s parents say that the Pleasantville police department and the district attorney have been extremely uncooperative and have not returned some of Henry’s possessions from the car, such as a jersey he had purchased as a birthday gift for his younger brother.
They say it feels as if no one is getting to the root of what really happened. In one court appearance, the district attorney is defending the officers and, in another, her assistant is prosecuting them. Officer Hess is cleared of any charges of wrongdoing and, months later, the man who shot their son receives an 'officer of the year' award from a police group. It just doesn’t make sense, they say.
“We would have accepted from the beginning a simple story supported by fact and evidence,” Henry Sr. says. What we’ve gotten instead is manipulation, tampering, arrogance and, now, a refusal to answer any legitimate questions. The effort to keep secret [the] fact[s] and truth and evidence here is just mind boggling ... What are you hiding?”
Because they have not received answers, the Henrys have taken matters into their own hands. They started investigating on their own dime and filed a $120 million lawsuit against Hess and the police department, joined by the family of Brandon Cox, who was sitting next to Henry in his car when he was shot to death.
“We’re right now in the process of issuing subpoenas for both audio and video from that night,” says Angella Henry. “The D.A.’s office has announced publicly that she will not cooperate. So we’re trying to get as much access as we can to the audio and video.”
Throughout their ups and downs, the Henrys say they remain prayerful. Working on the DJ Dream Fund, a non-profit sports organization dedicated to the memory of their son, also gives them strength.
On today’s anniversary, the family plans to participate in vigils honoring their son, but they don’t want to exhaust themselves, as they anticipate a very difficult day for both them and their two younger children.
Despite their anguish, they say that they are resolved to continue the fight for the son that they describe as hardworking, compassionate, faithful and ready to serve. He was a great man of fashion and style, they say, with a good sense of humor and a beautiful smile.
“The pain in losing a child is incomprehensible. There are no words for it. And, to add, on top of that, the fact that we still can’t get answers and we’re still fighting every day for answers, no family should have to endure that,” Mrs. Henry says. “We want to make sure we can do what we can to prevent this from happening again.”
UPDATE: On Monday, about three dozen relatives and friends of DJ gathered outside a sports complex in the slain football player's hometown of Easton, Massachusetts to dedicate an athletic field named in DJ’s honor on the first anniversary of his death.
NYPD Officer Busted for False Arrest of Black Man
During a wiretapped conversation, the officer bragged that he “fried another n-----.”
By Naeesa Aziz
Posted: 10/18/2011 01:36 PM EDT
Filed Under racism, crime
The NYPD is in hot water again after one of its white officers allegedly lied about his arrest of an unarmed Black man and then used racial slurs to describe the arrest.
Officer Michael Daragjati has been charged with writing a false police report claiming that an African-American man resisted arrest by shoving and kicking Daragjati.
The arrest occurred when the 31-year-old Black man was stopped and frisked in the Stapleton neighborhood of Staten Island. After no weapons or contraband were found on the man, he allegedly complained about his treatment and investigators say that is when Daragjati arrested him without probable cause.
In addition to the falsified report, Daragjati allegedly told his supervisor that it took four officers to subdue the man during the ordeal. Later, during a call to a female friend, Daragjati allegedly recounted the incident by saying, “Another n----- fried, no big deal."
The wiretaps came as a result of a federal investigation of Daragjati after several allegations of improper conduct were made against him. After the arrest, the man was held at the police station for two nights before agreeing to plead guilty to a disorderly conduct charge in order to avoid prison time for the more serious resisting arrest charge.
The department’s controversial "stop and frisk" policy has recently come under scrutiny by those who claim the policy is racially discriminatory and leads to a disproportionate amount of minority arrests. The news of Daragjati's misconduct comes just a week after a New York City narcotics detective testified that he and other members of the Brooklyn South and Queens narcotic squads regularly planted drugs on innocent people in order to keep up with department arrest quotas.
Related Reading:
Wiretap Recordings Catch NYPD Using Racial Slurs
Former New York Cop Blows Lid Off Drug-Planting Scheme
(Photo: Lucas Jackson/Reuters)
Note:I'm at Central georgia Technical College using there computer and they're partners and stakeholders with the fugitives from justice and more.The chose to stalk-harass and communicate,Criminal defamation, and more on there own!
The focusing not serving the LORD thy God and Jesus is LORD just as hard as breaking the law !I am not about to fight against the LORD thy God and Jesus is LORD for nobody!Since they on the internet let me address it then !They don't believe in the word of God nor they do it!Hell Nahh!I don't associate with Macon Ga/Middle ga. Goats .I just associate with my Sheep which are my family ,my extended family, and Olgethrope Community.My sheep went to the hospital with my momma when had me prematurely after my sperm donor sent her to premature labor .I had to stay on life support for about five month's while my sperm donor and his wife at the time made death threats on my life.I start in 1988-1989 how I was Sexualy Abused as a minor a ward of the court under age 12 in the Department of Family and Children Services custody which is why they can't arrest me for the accusation because the unknown black female social worker is at fault it wasn't statutory rape!I suffered from physical abuse as a minor under age 18 years old which Child Abuse Federal Crime Statute of LImitation age 25 years old.I was raised to make these muthafuckas suffer legally!They forgot to register up under Megen Law since I ain't no silly !I'm Celibate and I'm doing for the LORD thy God and Jesus is LORD at least I'm not fucking no jezebel cause I'm damn show not listening to the jezebel(revelation 2:20-23 -Virgin daughter Babylon(Isaiah 47)
Revelation 22:7
New King James Version (NKJV)
7 “Behold, I am coming quickly! Blessed is he who keeps the words of the prophecy of this book.”
Proverbs 31
The Words of King Lemuel’s Mother
1 The words of King Lemuel, the utterance which his mother taught him:
2 What, my son?
And what, son of my womb?
And what, son of my vows?
3 Do not give your strength to women,
Nor your ways to that which destroys kings.
4 It is not for kings, O Lemuel,
It is not for kings to drink wine,
Nor for princes intoxicating drink;
5 Lest they drink and forget the law,
And pervert the justice of all the afflicted.
6 Give strong drink to him who is perishing,
And wine to those who are bitter of heart.
7 Let him drink and forget his poverty,
And remember his misery no more.
8 Open your mouth for the speechless,
In the cause of all who are appointed to die.[a]
9 Open your mouth, judge righteously,
And plead the cause of the poor and needy.
The Virtuous Wife
10 Who[b] can find a virtuous[c] wife?
For her worth is far above rubies.
11 The heart of her husband safely trusts her;
So he will have no lack of gain.
12 She does him good and not evil
All the days of her life.
13 She seeks wool and flax,
And willingly works with her hands.
14 She is like the merchant ships,
She brings her food from afar.
15 She also rises while it is yet night,
And provides food for her household,
And a portion for her maidservants.
16 She considers a field and buys it;
From her profits she plants a vineyard.
17 She girds herself with strength,
And strengthens her arms.
18 She perceives that her merchandise is good,
And her lamp does not go out by night.
19 She stretches out her hands to the distaff,
And her hand holds the spindle.
20 She extends her hand to the poor,
Yes, she reaches out her hands to the needy.
21 She is not afraid of snow for her household,
For all her household is clothed with scarlet.
22 She makes tapestry for herself;
Her clothing is fine linen and purple.
23 Her husband is known in the gates,
When he sits among the elders of the land.
24 She makes linen garments and sells them,
And supplies sashes for the merchants.
25 Strength and honor are her clothing;
She shall rejoice in time to come.
26 She opens her mouth with wisdom,
And on her tongue is the law of kindness.
27 She watches over the ways of her household,
And does not eat the bread of idleness.
28 Her children rise up and call her blessed;
Her husband also, and he praises her:
29 “ Many daughters have done well,
But you excel them all.”
30 Charm is deceitful and beauty is passing,
But a woman who fears the LORD, she shall be praised.
31 Give her of the fruit of her hands,
And let her own works praise her in the gates.
Matthew 5:19
New King James Version (NKJV)
19 Whoever therefore breaks one of the least of these commandments, and teaches men so, shall be called least in the kingdom of heaven; but whoever does and teaches them, he shall be called great in the kingdom of heaven.
I can put this one here with making false and fabricated reports and those that follow them!The Macon Georgia Media Contacts and Lists (Except me and Barck Obama and our Family and our adminstration, my family ,my extended family, and Olgethrope Community) wanted to use me as a experiment with they'll get away with it now since the doctor's and nurses are also a party to the crime for years .Fugitives from justice don'ty have no Statute of limitation at all!I don't have no family that's not related to Mrs.Mattie Lee Gisbon Harris in Macon Georgia/Middle Georgia at all.Victims Rights are good especially since they're building their refuge of lies usual.Tell macon georgia mayor they don't have absolute immunity at all so they're family and friends can stop lying!I was at Walmart on 10-15-2011 or 10-16-2011 where I addressed my freedom of speech and public speaking when being stalked and harrassed by the dumb muthafuckas!While they was up in BET to CNN webistes too they actting like they was just up in Grandhsutle website back in 2007 the same year I went and seen the Atlanta Ga. FBI.I mean since they (Macon georgia Law enforcement,prosecuting Attorney and Judges, Governmnetal Agency , Informant's, and more ) try to bully me with everything from the internet which is all part of the illegal wiretap order approved by the judges as a form of Retaliating Against Victims and witnesses .My Family,My Extended Family, Olgethrope Community, BET, Hip Hop, and more told me what it was meaning they will all be charged with Party to the Crimes-Conspirators-Fugitives from justice to crimes ranging from Genocide, Terrorism, Breach of the Peace(for messing with me and minies and Rosci of 106 and Parks Nations BET-Mrs.Mattie Lee Gibson Harris .a.k.a.my sister by Jesus is LORD-Mrs.Debra Lee CEO of BET,my family/my extended family, and Olgetyhrope Community ), Stalking-harassment and communications, Capital Offenses Punishable by death, Criminal defamation, Sexual Abuse of a minor a ward of the court under age 12, false and fabricated reports, Bribery, Treason( for messing with Me -Barack obama -Mrs.Michelle Obama),O.C.G.A.17-3-2, and more!I know they will not even mention my internet comments because they can't use them against me in court or at a mental hospital legally!
Exodus 23
Justice for All
1 “You shall not circulate a false report. Do not put your hand with the wicked to be an unrighteous witness. 2 You shall not follow a crowd to do evil; nor shall you testify in a dispute so as to turn aside after many to pervert justice.
Isaiah 28
Woe to Ephraim and Jerusalem
1 Woe to the crown of pride, to the drunkards of Ephraim,
Whose glorious beauty is a fading flower
Which is at the head of the verdant valleys,
To those who are overcome with wine!
2 Behold, the Lord has a mighty and strong one,
Like a tempest of hail and a destroying storm,
Like a flood of mighty waters overflowing,
Who will bring them down to the earth with His hand.
3 The crown of pride, the drunkards of Ephraim,
Will be trampled underfoot;
4 And the glorious beauty is a fading flower
Which is at the head of the verdant valley,
Like the first fruit before the summer,
Which an observer sees;
He eats it up while it is still in his hand.
5 In that day the LORD of hosts will be
For a crown of glory and a diadem of beauty
To the remnant of His people,
6 For a spirit of justice to him who sits in judgment,
And for strength to those who turn back the battle at the gate.
7 But they also have erred through wine,
And through intoxicating drink are out of the way;
The priest and the prophet have erred through intoxicating drink,
They are swallowed up by wine,
They are out of the way through intoxicating drink;
They err in vision, they stumble in judgment.
8 For all tables are full of vomit and filth;
No place is clean.
9 “ Whom will he teach knowledge?
And whom will he make to understand the message?
Those just weaned from milk?
Those just drawn from the breasts?
10 For precept must be upon precept, precept upon precept,
Line upon line, line upon line,
Here a little, there a little.”
11 For with stammering lips and another tongue
He will speak to this people,
12 To whom He said, “This is the rest with which
You may cause the weary to rest,”
And, “This is the refreshing”;
Yet they would not hear.
13 But the word of the LORD was to them,
“ Precept upon precept, precept upon precept,
Line upon line, line upon line,
Here a little, there a little,”
That they might go and fall backward, and be broken
And snared and caught.
14 Therefore hear the word of the LORD, you scornful men,
Who rule this people who are in Jerusalem,
15 Because you have said, “We have made a covenant with death,
And with Sheol we are in agreement.
When the overflowing scourge passes through,
It will not come to us,
For we have made lies our refuge,
And under falsehood we have hidden ourselves.”
A Cornerstone in Zion
16 Therefore thus says the Lord GOD:
“ Behold, I lay in Zion a stone for a foundation,
A tried stone, a precious cornerstone, a sure foundation;
Whoever believes will not act hastily.
17 Also I will make justice the measuring line,
And righteousness the plummet;
The hail will sweep away the refuge of lies,
And the waters will overflow the hiding place.
18 Your covenant with death will be annulled,
And your agreement with Sheol will not stand;
When the overflowing scourge passes through,
Then you will be trampled down by it.
19 As often as it goes out it will take you;
For morning by morning it will pass over,
And by day and by night;
It will be a terror just to understand the report.”
20 For the bed is too short to stretch out on,
And the covering so narrow that one cannot wrap himself in it.
21 For the LORD will rise up as at Mount Perazim,
He will be angry as in the Valley of Gibeon—
That He may do His work, His awesome work,
And bring to pass His act, His unusual act.
22 Now therefore, do not be mockers,
Lest your bonds be made strong;
For I have heard from the Lord GOD of hosts,
A destruction determined even upon the whole earth.
Listen to the Teaching of God
23 Give ear and hear my voice,
Listen and hear my speech.
24 Does the plowman keep plowing all day to sow?
Does he keep turning his soil and breaking the clods?
25 When he has leveled its surface,
Does he not sow the black cummin
And scatter the cummin,
Plant the wheat in rows,
The barley in the appointed place,
And the spelt in its place?
26 For He instructs him in right judgment,
His God teaches him.
27 For the black cummin is not threshed with a threshing sledge,
Nor is a cartwheel rolled over the cummin;
But the black cummin is beaten out with a stick,
And the cummin with a rod.
28 Bread flour must be ground;
Therefore he does not thresh it forever,
Break it with his cartwheel,
Or crush it with his horsemen.
29 This also comes from the LORD of hosts,
Whois wonderful in counsel and excellent in guidance.
Note: macon georgia media Contacts and Lists (Except me and Barack Obama and our family and our adminstration,My family, my extended family, and Olgethroep Community) are mad because I haven't committed any crime since I started in 2005 reporting they stupid asses .I just saying everybody from NFL Player's, MLB Player'
s, NBA player's, Hip Hop Artist's, Pastor's Creflo Dollar-Bishop T.D.Jakes-Joel Osteen,Hurricane Katrina,R.Kelly sex scandal where charges were dropped due to the fcat they were false, Ktrina Johnson in Atlanta ga. Sean Bell in New York, and more!I've been excercising my Victims Rights the entire time while these dumb muthafuckas thought I would jeapordize my family-my extended family- and Olgethrope Community lives !I'm not going to wait until I graduate from Harvard Law College which is in Massachusetts.So while the dummies to continue to live a lie I refuse to part take in it period.The so called pastor's and congregations members are all hypocrites ask them to prove they not .They damn show ain't no neighbors and they damn show party to the crimes -conspirators-fugitives from justice to false and fabricated reports and to this shit going on now!
PerjuryFrom Wikipedia, the free encyclopediaJump to: navigation, search
For the 1978 book, see Perjury: The Hiss-Chambers Case.
The examples and perspective in this article deal primarily with the United States and the United Kingdom and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (July 2010)
16-10-50. Hindering apprehension or punishment of criminal
(a) A person commits the offense of hindering the apprehension or punishment of a criminal when, with intention to hinder the apprehension or punishment of a person whom he knows or has reasonable grounds to believe has committed a felony or to be an escaped inmate or prisoner, he:
(1) Harbors or conceals such person; or
(2) Conceals or destroys evidence of the crime.
(b) A person convicted of the offense of hindering apprehension or punishment of a criminal shall be punished by imprisonment for not less than one nor more than five years.
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
Criminal law
Part of the common law series
Element (criminal law)
Actus reus · Mens rea
Causation · Concurrence
Scope of criminal liability
Complicity · Corporate · Vicarious
Inchoate offenses
Attempt · Conspiracy · Solicitation
Offence against the person
Assault · Battery
False imprisonment · Kidnapping
Mayhem · Sexual assault
Homicide crimes
Murder · Felony murder
Manslaughter
Negligent homicide
Vehicular homicide
Crimes against property
Arson · Blackmail · Burglary
Embezzlement · Extortion
False pretenses · Larceny
Possessing stolen property
Robbery · Theft
Crimes against justice
Compounding · Misprision
Obstruction · Perjury
Malfeasance in office
Perverting the course of justice
Defenses to liability
Defense of self
Defence of property
Consent · Diminished responsibility
Duress · Entrapment
Ignorantia juris non excusat
Infancy · Insanity
Intoxication defense
Justification · Mistake (of law)
Necessity · Loss of Control (Provocation)
Other common law areas
Contracts · Evidence · Property
Torts · Wills, trusts and estates
Portals
Criminal justice · Law
v · d · e
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding.[1] That is, the witness falsely promises to tell the truth about matters which affect the outcome of the case. For example, it is not considered perjury to lie about one's age unless age is a factor in determining the legal result, such as eligibility for old age retirement benefits.
Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriages of justice. In the United States, for example, the general perjury statute under Federal law defines perjury as a felony and provides for a prison sentence of up to five years.[2] On the other hand, the California Penal Code allows for perjury to be a capital offense in cases causing wrongful execution. In the United Kingdom a potential penalty for perjury is a prison sentence of up to 7 years.[3] However prosecutions for perjury are rare.[4] In some countries such as France, Italy, and Germany, suspects cannot be heard under oath or affirmation and thus cannot commit perjury, regardless of what they say during their trial.
The rules for perjury also apply when a person has made a statement under penalty of perjury, even if the person has not been sworn or affirmed as a witness before an appropriate official. An example of this is the United States' income tax return, which, by law, must be signed as true and correct under penalty of perjury (see 26 U.S.C. § 6065). Federal tax law provides criminal penalties of up to three years in prison for violation of the tax return perjury statute. See: 26 U.S.C. § 7206(1)
Statements of interpretation of fact are not perjury because people often make inaccurate statements unwittingly and not deliberately.[citation needed] Individuals may have honest but mistaken beliefs about certain facts, or their recollection may be inaccurate. Like most other crimes in the common law system, to be convicted of perjury one must have had the intention (mens rea) to commit the act, and to have actually committed the act (actus reus). Subornation of perjury, attempting to induce another person to perjure themselves, is itself a crime.
Contents
1 Notable convicted perjurers
2 Allegations of perjury
3 See also
4 References
5 External links
[edit] Notable convicted perjurersJonathan Aitken, British politician, was sentenced to 18 months imprisonment in 1999 for perjury.[5]
Jeffrey Archer, British novelist and politician, was sentenced to 4 years imprisonment for perjury in 2001.[6]
Kwame Kilpatrick, Detroit mayor was convicted of perjury in 2008 in relation to text messages he sent to his chief of staff, Christine Beatty.[7]
Marion Jones, American athlete, was found guilty of two counts of perjury in 2008.[8]
Mark Fuhrman, Los Angeles Police Department detective, entered a no contest plea to a perjury charge relating to his testimony in the murder trial of O. J. Simpson.[9]
Lil' Kim, American rapper was convicted of perjury in 2005 after lying to a grand jury in 2003.[10]
Lewis "Scooter" Libby, was convicted in 2007 of two counts of perjury in connection with the Plame affair.[11]
Bernie Madoff, the former Chairman of the NASDAQ stock exchange, in 2009 he was found guilty of perjury in relation to investment fraud arising from his operating a Ponzi scheme.[12]
Michele Sindona, convicted of perjury related to a bogus kidnapping in August 1979.[13]
Tommy Sheridan, Scottish politician, found guilty of lying on affirmation in a trial in 2010.[14]
[edit] Allegations of perjuryNotable people who have been accused of perjury include:
Barry Bonds has been indicted by a federal grand jury for allegedly perjuring himself in testimony before a grand jury in 2003 as part of the BALCO steroid scandal, in which he denied using any performance-enhancing drugs.[15]
Former U.S. President Bill Clinton was accused of perjury and as a result was impeached by the House of Representatives on 19 December 1998.[16] No criminal charges were ever brought and upon leaving office he accepted immunity.[17]
Former Premier of Queensland Sir Joh Bjelke-Petersen was acquitted of perjury due to a hung jury.
[edit] See alsoAnatomy of a Murder
Making false statements
Obstruction of justice
Testilying
[edit] References1.^ "Perjury - What is it?". Law Advice: White Collar Crimes. FreeAdvice. 2008-12. http://criminal-law.freeadvice.com/white_collar_crimes/perjury.htm. Retrieved 2009-03-02.
2.^ See: 18 U.S.C. § 1621; 28 U.S.C. § 1746.
3.^ Perjury Act 1911 Perjury Act 1911
4.^ "Perjury". Criminal Law Lawyer Source. http://www.criminal-law-lawyer-source.com/terms/perjury.html. Retrieved April 8, 2010.
5.^ "UK Politics: Aitken's downfall complete". BBC News Online (BBC). 8 June 1999. http://news.bbc.co.uk/1/hi/uk_politics/364174.stm. Retrieved 17 March 2010.
6.^ "Archer jailed for perjury". BBC News Online (BBC). 19 July 2001. http://news.bbc.co.uk/1/hi/uk/1424501.stm. Retrieved 17 March 2010.
7.^ Chris Lawrence (24 March 2008). "Detroit mayor faces felony charges". CNN. http://www.cnn.com/2008/POLITICS/03/24/kilpatrick.investigation/index.html. Retrieved 17 March 2010.
8.^ Lynn Zinser (12 January 2008). "Judge Sentences Jones to 6 Months in Prison". New York Times. http://www.nytimes.com/2008/01/12/sports/othersports/12jones.html. Retrieved 17 March 2010.
9.^ "Mark Fuhrman's perjury probation ends". CNN. http://www.cnn.com/US/9804/24/briefs.pm/fuhrman/index.html.
10.^ "Lil' Kim Sentenced To Jail". NME. 8 July 2005. http://www.nme.com/news/lil-kim/20403. Retrieved 17 March 2010.
11.^ Dowd, Maureen. "Lewis "Scooter" Libby conviction". New York Times (New York Times). http://topics.nytimes.com/top/reference/timestopics/people/l/i_lewis_libby_jr/index.html. Retrieved 21 March 2010.
12.^ Brockman, Joshua (17 December 2008). "Q&A: Madoff Case Puts Spotlight On SEC". National Public Radio. http://www.npr.org/templates/story/story.php?storyId=98272825. Retrieved 26 May 2009.
13.^ "Nation: Account Settled". Time (Time). 7 April 1980. http://www.time.com/time/magazine/article/0,9171,921970,00.html. Retrieved 21 March 2010.
14.^ "Tommy Sheridan found guilty of perjury". BBC. 23 December 2010. http://www.bbc.co.uk/news/uk-scotland-glasgow-west-12059037. Retrieved 23 December 2010.
15.^ "Barry Bonds indicted on perjury, obstruction charges". ESPN. 19 November 2007. http://sports.espn.go.com/mlb/news/story?id=3112487. Retrieved 20 March 2010.
16.^ Alison Mitchell (20 December 1998). "Impeachment: the overview -- Clinton impeached; he faces a senate trial, 2d in history; vows to do job till term's 'last hour'". New York Times. http://www.nytimes.com/1998/12/20/us/impeachment-overview-clinton-impeached-he-faces-senate-trial-2d-history-vows-job.html?pagewanted=all. Retrieved 10 April 2010.
17.^ Neil A Lewis (20 January 2000). "Exiting Job, Clinton Accepts Immunity Deal". New York Times. http://www.nytimes.com/2001/01/20/us/transition-in-washington-the-president-exiting-job-clinton-accepts-immunity-deal.html?sec=&spon=&pagewanted=1. Retrieved 17 March 2010.
[edit] External links Look up perjury in Wiktionary, the free dictionary.
Bryan Druzin, and Jessica Li, The Criminalization of Lying: Under what Circumstances, if any, should Lies be made Criminal?, 101 JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY (Northwestern University) (forthcoming 2011).
Gabriel J. Chin and Scott Wells, The "Blue Wall of Silence" as Evidence of Bias and Motive to Lie: A New Approach to Police Perjury, 59 University of Pittsburgh Law Review 233 (1998).
Retrieved from "http://en.wikipedia.org/w/index.php?title=Perjury&oldid=454479151"
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18 U.S.C. § 1030 : US Code - Section 1030: Fraud and related activity in connection with computers
Search 18 U.S.C. § 1030 : US Code - Section 1030: Fraud and related activity in connection with computers
Search by Keyword or Citation
(a) Whoever -
(1) having knowingly accessed a computer without authorization
or exceeding authorized access, and by means of such conduct
having obtained information that has been determined by the
United States Government pursuant to an Executive order or
statute to require protection against unauthorized disclosure for
reasons of national defense or foreign relations, or any
restricted data, as defined in paragraph y. of section 11 of the
Atomic Energy Act of 1954, with reason to believe that such
information so obtained could be used to the injury of the United
States, or to the advantage of any foreign nation willfully
communicates, delivers, transmits, or causes to be communicated,
delivered, or transmitted, or attempts to communicate, deliver,
transmit or cause to be communicated, delivered, or transmitted
the same to any person not entitled to receive it, or willfully
retains the same and fails to deliver it to the officer or
employee of the United States entitled to receive it;
(2) intentionally accesses a computer without authorization or
exceeds authorized access, and thereby obtains -
(A) information contained in a financial record of a
financial institution, or of a card issuer as defined in
section 1602(n) of title 15, or contained in a file of a
consumer reporting agency on a consumer, as such terms are
defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.);
(B) information from any department or agency of the United
States; or
(C) information from any protected computer if the conduct
involved an interstate or foreign communication;
(3) intentionally, without authorization to access any
nonpublic computer of a department or agency of the United
States, accesses such a computer of that department or agency
that is exclusively for the use of the Government of the United
States or, in the case of a computer not exclusively for such
use, is used by or for the Government of the United States and
such conduct affects that use by or for the Government of the
United States;
(4) knowingly and with intent to defraud, accesses a protected
computer without authorization, or exceeds authorized access, and
by means of such conduct furthers the intended fraud and obtains
anything of value, unless the object of the fraud and the thing
obtained consists only of the use of the computer and the value
of such use is not more than $5,000 in any 1-year period;
(5)(A)(i) knowingly causes the transmission of a program,
information, code, or command, and as a result of such conduct,
intentionally causes damage without authorization, to a protected
computer;
(ii) intentionally accesses a protected computer without
authorization, and as a result of such conduct, recklessly causes
damage; or
(iii) intentionally accesses a protected computer without
authorization, and as a result of such conduct, causes damage;
and
(B) by conduct described in clause (i), (ii), or (iii) of
subparagraph (A), caused (or, in the case of an attempted
offense, would, if completed, have caused) -
(i) loss to 1 or more persons during any 1-year period (and,
for purposes of an investigation, prosecution, or other
proceeding brought by the United States only, loss resulting
from a related course of conduct affecting 1 or more other
protected computers) aggregating at least $5,000 in value;
(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
(iii) physical injury to any person;
(iv) a threat to public health or safety; or
(v) damage affecting a computer system used by or for a
government entity in furtherance of the administration of
justice, national defense, or national security;
(6) knowingly and with intent to defraud traffics (as defined
in section 1029) in any password or similar information through
which a computer may be accessed without authorization, if -
(A) such trafficking affects interstate or foreign commerce;
or
(B) such computer is used by or for the Government of the
United States; (!1)
(7) with intent to extort from any person any money or other
thing of value, transmits in interstate or foreign commerce any
communication containing any threat to cause damage to a
protected computer;
shall be punished as provided in subsection (c) of this section.
(b) Whoever attempts to commit an offense under subsection (a) of
this section shall be punished as provided in subsection (c) of
this section.
(c) The punishment for an offense under subsection (a) or (b) of
this section is -
(1)(A) a fine under this title or imprisonment for not more
than ten years, or both, in the case of an offense under
subsection (a)(1) of this section which does not occur after a
conviction for another offense under this section, or an attempt
to commit an offense punishable under this subparagraph; and
(B) a fine under this title or imprisonment for not more than
twenty years, or both, in the case of an offense under subsection
(a)(1) of this section which occurs after a conviction for
another offense under this section, or an attempt to commit an
offense punishable under this subparagraph;
(2)(A) except as provided in subparagraph (B), a fine under
this title or imprisonment for not more than one year, or both,
in the case of an offense under subsection (a)(2), (a)(3),
(a)(5)(A)(iii), or (a)(6) of this section which does not occur
after a conviction for another offense under this section, or an
attempt to commit an offense punishable under this subparagraph;
(B) a fine under this title or imprisonment for not more than 5
years, or both, in the case of an offense under subsection
(a)(2), or an attempt to commit an offense punishable under this
subparagraph, if -
(i) the offense was committed for purposes of commercial
advantage or private financial gain;
(ii) the offense was committed in furtherance of any criminal
or tortious act in violation of the Constitution or laws of the
United States or of any State; or
(iii) the value of the information obtained exceeds $5,000;
and
(C) a fine under this title or imprisonment for not more than
ten years, or both, in the case of an offense under subsection
(a)(2), (a)(3) or (a)(6) of this section which occurs after a
conviction for another offense under this section, or an attempt
to commit an offense punishable under this subparagraph;
(3)(A) a fine under this title or imprisonment for not more
than five years, or both, in the case of an offense under
subsection (a)(4) or (a)(7) of this section which does not occur
after a conviction for another offense under this section, or an
attempt to commit an offense punishable under this subparagraph;
and
(B) a fine under this title or imprisonment for not more than
ten years, or both, in the case of an offense under subsection
(a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs
after a conviction for another offense under this section, or an
attempt to commit an offense punishable under this subparagraph;
(4)(A) except as provided in paragraph (5), a fine under this
title, imprisonment for not more than 10 years, or both, in the
case of an offense under subsection (a)(5)(A)(i), or an attempt
to commit an offense punishable under that subsection;
(B) a fine under this title, imprisonment for not more than 5
years, or both, in the case of an offense under subsection
(a)(5)(A)(ii), or an attempt to commit an offense punishable
under that subsection;
(C) except as provided in paragraph (5), a fine under this
title, imprisonment for not more than 20 years, or both, in the
case of an offense under subsection (a)(5)(A)(i) or
(a)(5)(A)(ii), or an attempt to commit an offense punishable
under either subsection, that occurs after a conviction for
another offense under this section; and
(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in violation
of subsection (a)(5)(A)(i), a fine under this title or
imprisonment for not more than 20 years, or both; and
(B) if the offender knowingly or recklessly causes or attempts
to cause death from conduct in violation of subsection
(a)(5)(A)(i), a fine under this title or imprisonment for any
term of years or for life, or both.
(d)(1) The United States Secret Service shall, in addition to any
other agency having such authority, have the authority to
investigate offenses under this section.
(2) The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for any
cases involving espionage, foreign counterintelligence, information
protected against unauthorized disclosure for reasons of national
defense or foreign relations, or Restricted Data (as that term is
defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)), except for offenses affecting the duties of the United
States Secret Service pursuant to section 3056(a) of this title.
(3) Such authority shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury and the Attorney General.
(e) As used in this section -
(1) the term "computer" means an electronic, magnetic, optical,
electrochemical, or other high speed data processing device
performing logical, arithmetic, or storage functions, and
includes any data storage facility or communications facility
directly related to or operating in conjunction with such device,
but such term does not include an automated typewriter or
typesetter, a portable hand held calculator, or other similar
device;
(2) the term "protected computer" means a computer -
(A) exclusively for the use of a financial institution or the
United States Government, or, in the case of a computer not
exclusively for such use, used by or for a financial
institution or the United States Government and the conduct
constituting the offense affects that use by or for the
financial institution or the Government; or
(B) which is used in interstate or foreign commerce or
communication, including a computer located outside the United
States that is used in a manner that affects interstate or
foreign commerce or communication of the United States;
(3) the term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, and any other commonwealth,
possession or territory of the United States;
(4) the term "financial institution" means -
(A) an institution, with deposits insured by the Federal
Deposit Insurance Corporation;
(B) the Federal Reserve or a member of the Federal Reserve
including any Federal Reserve Bank;
(C) a credit union with accounts insured by the National
Credit Union Administration;
(D) a member of the Federal home loan bank system and any
home loan bank;
(E) any institution of the Farm Credit System under the Farm
Credit Act of 1971;
(F) a broker-dealer registered with the Securities and
Exchange Commission pursuant to section 15 of the Securities
Exchange Act of 1934;
(G) the Securities Investor Protection Corporation;
(H) a branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the
International Banking Act of 1978); and
(I) an organization operating under section 25 or section
25(a) (!2) of the Federal Reserve Act;
(5) the term "financial record" means information derived from
any record held by a financial institution pertaining to a
customer's relationship with the financial institution;
(6) the term "exceeds authorized access" means to access a
computer with authorization and to use such access to obtain or
alter information in the computer that the accesser is not
entitled so to obtain or alter;
(7) the term "department of the United States" means the
legislative or judicial branch of the Government or one of the
executive departments enumerated in section 101 of title 5;
(8) the term "damage" means any impairment to the integrity or
availability of data, a program, a system, or information;
(9) the term "government entity" includes the Government of the
United States, any State or political subdivision of the United
States, any foreign country, and any state, province,
municipality, or other political subdivision of a foreign
country;
(10) the term "conviction" shall include a conviction under the
law of any State for a crime punishable by imprisonment for more
than 1 year, an element of which is unauthorized access, or
exceeding authorized access, to a computer;
(11) the term "loss" means any reasonable cost to any victim,
including the cost of responding to an offense, conducting a
damage assessment, and restoring the data, program, system, or
information to its condition prior to the offense, and any
revenue lost, cost incurred, or other consequential damages
incurred because of interruption of service; and
(12) the term "person" means any individual, firm, corporation,
educational institution, financial institution, governmental
entity, or legal or other entity.
(f) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States.
(g) Any person who suffers damage or loss by reason of a
violation of this section may maintain a civil action against the
violator to obtain compensatory damages and injunctive relief or
other equitable relief. A civil action for a violation of this
section may be brought only if the conduct involves 1 of the
factors set forth in clause (i), (ii), (iii), (iv), or (v) of
subsection (a)(5)(B). Damages for a violation involving only
conduct described in subsection (a)(5)(B)(i) are limited to
economic damages. No action may be brought under this subsection
unless such action is begun within 2 years of the date of the act
complained of or the date of the discovery of the damage. No action
may be brought under this subsection for the negligent design or
manufacture of computer hardware, computer software, or firmware.
(h) The Attorney General and the Secretary of the Treasury shall
report to the Congress annually, during the first 3 years following
the date of the enactment of this subsection, concerning
investigations and prosecutions under subsection (a)(5).
a) Whoever knowingly executes, or attempts to execute, any
scheme or artifice with the intent -
(1) to defraud the United States; or
(2) to obtain money or property by means of false or fraudulent
pretenses, representations, or promises,
in any procurement of property or services as a prime contractor
with the United States or as a subcontractor or supplier on a
contract in which there is a prime contract with the United States,
if the value of the contract, subcontract, or any constituent part
thereof, for such property or services is $1,000,000 or more shall,
subject to the applicability of subsection (c) of this section, be
fined not more than $1,000,000, or imprisoned not more than 10
years, or both.
(b) The fine imposed for an offense under this section may exceed
the maximum otherwise provided by law, if such fine does not exceed
$5,000,000 and -
(1) the gross loss to the Government or the gross gain to a
defendant is $500,000 or greater; or
(2) the offense involves a conscious or reckless risk of
serious personal injury.
(c) The maximum fine imposed upon a defendant for a prosecution
including a prosecution with multiple counts under this section
shall not exceed $10,000,000.
(d) Nothing in this section shall preclude a court from imposing
any other sentences available under this title, including without
limitation a fine up to twice the amount of the gross loss or gross
gain involved in the offense pursuant to 18 U.S.C. section 3571(d).
(e) In determining the amount of the fine, the court shall
consider the factors set forth in 18 U.S.C. sections 3553 and 3572,
and the factors set forth in the guidelines and policy statements
of the United States Sentencing Commission, including -
(1) the need to reflect the seriousness of the offense,
including the harm or loss to the victim and the gain to the
defendant;
(2) whether the defendant previously has been fined for a
similar offense; and
(3) any other pertinent equitable considerations.
(f) A prosecution of an offense under this section may be
commenced any time not later than 7 years after the offense is
committed, plus any additional time otherwise allowed by law.
(g)(1) In special circumstances and in his or her sole
discretion, the Attorney General is authorized to make payments
from funds appropriated to the Department of Justice to persons who
furnish information relating to a possible prosecution under this
section. The amount of such payment shall not exceed $250,000. Upon
application by the Attorney General, the court may order that the
Department shall be reimbursed for a payment from a criminal fine
imposed under this section.
(2) An individual is not eligible for such a payment if -
(A) that individual is an officer or employee of a Government
agency who furnishes information or renders service in the
performance of official duties;
(B) that individual failed to furnish the information to the
individual's employer prior to furnishing it to law enforcement
authorities, unless the court determines the individual has
justifiable reasons for that failure;
(C) the furnished information is based upon public disclosure
of allegations or transactions in a criminal, civil, or
administrative hearing, in a congressional, administrative, or
GAO report, hearing, audit or investigation, or from the news
media unless the person is the original source of the
information. For the purposes of this subsection, "original
source" means an individual who has direct and independent
knowledge of the information on which the allegations are based
and has voluntarily provided the information to the Government;
or
(D) that individual participated in the violation of this
section with respect to which such payment would be made.
(3) The failure of the Attorney General to authorize a payment
shall not be subject to judicial review.
(h) Any individual who -
(1) is discharged, demoted, suspended, threatened, harassed, or
in any other manner discriminated against in the terms and
conditions of employment by an employer because of lawful acts
done by the employee on behalf of the employee or others in
furtherance of a prosecution under this section (including
investigation for, initiation of, testimony for, or assistance in
such prosecution), and
(2) was not a participant in the unlawful activity that is the
subject of said prosecution, may, in a civil action, obtain all
relief necessary to make such individual whole. Such relief shall
include reinstatement with the same seniority status such
individual would have had but for the discrimination, 2 times the
amount of back pay, interest on the back pay, and compensation
for any special damages sustained as a result of the
discrimination, including litigation costs and reasonable
attorney's fees.
Whoever -
(1) knowingly conceals or endeavors to conceal an asset or
property from the Federal Deposit Insurance Corporation, acting
as conservator or receiver or in the Corporation's corporate
capacity with respect to any asset acquired or liability assumed
by the Corporation under section 11, 12, or 13 of the Federal
Deposit Insurance Act, the Resolution Trust Corporation, any
conservator appointed by the Comptroller of the Currency or the
Director of the Office of Thrift Supervision, or the National
Credit Union Administration Board, acting as conservator or
liquidating agent;
(2) corruptly impedes or endeavors to impede the functions of
such Corporation, Board, or conservator; or
(3) corruptly places or endeavors to place an asset or property
beyond the reach of such Corporation, Board, or conservator,
shall be fined under this title or imprisoned not more than 5
years, or both.
Computer crimeFrom Wikipedia, the free encyclopediaJump to: navigation, search
Computer crime, or cybercrime, refers to any crime that involves a computer and a network.[1] The computer may have been used in the commission of a crime, or it may be the target.[2] Netcrime refers to criminal exploitation of the Internet.[3] Such crimes may threaten a nation’s security and financial health.[4] Issues surrounding this type of crime have become high-profile, particularly those surrounding cracking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.
Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Activity crossing international borders and involving the interests of at least one nationstate is sometimes referred to as cyber warfare. The international legal system is attempting to hold actors accountable for their actions through the International Criminal Court.[5]
Contents
1 Topology
1.1 Spam
1.2 Fraud
1.3 Obscene or offensive content
1.4 Harassment
1.5 Drug trafficking
1.6 Cyber terrorism
1.7 Cyber warfare
2 Documented cases
3 Combatting Computer Crime
4 See also
5 References
6 Further reading
7 External links
7.1 Government resources
[edit] TopologyComputer crime encompasses a broad range of activities. Generally, however, it may be divided into two categories: (1) crimes that target computers and directly; (2) crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device.[citation needed]
Crimes that primarily target computer networks or devices include:
Computer viruses
Denial-of-service attacks
Malware (malicious code)
Crimes that use computer networks or devices to advance other ends include:
Cyberstalking
Fraud and identity theft
Information warfare
Phishing scams
[edit] SpamSpam, or the unsolicited sending of bulk email for commercial purposes, is unlawful in some jurisdictions. While anti-spam laws are relatively new, limits on unsolicited electronic communications have existed for some time.[6]
[edit] FraudMain article: Computer fraud
Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss.[citation needed] In this context, the fraud will result in obtaining a benefit by:
Altering computer input in an unauthorized way. This requires little technical expertise and is not an uncommon form of theft by employees altering the data before entry or entering false data, or by entering unauthorized instructions or using unauthorized processes;
Altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions: this is difficult to detect;
Altering or deleting stored data;
Altering or misusing existing system tools or software packages, or altering or writing code for fraudulent purposes.
Other forms of fraud may be facilitated using computer systems, including bank fraud, identity theft, extortion, and theft of classified information.
A variety of Internet scams target consumers direct.
[edit] Obscene or offensive contentThe content of websites and other electronic communications may be distasteful, obscene or offensive for a variety of reasons. In some instances these communications may be illegal.
Over 25 jurisdictions place limits on certain speech and ban racist, blasphemous, politically subversive, libelous or slanderous, seditious, or inflammatory material that tends to incite hate crimes.
The extent to which these communications are unlawful varies greatly between countries, and even within nations. It is a sensitive area in which the courts can become involved in arbitrating between groups with strong beliefs.
One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography.
[edit] HarassmentWhereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties (see cyber bullying, cyber stalking, harassment by computer, hate crime, Online predator, and stalking). Any comment that may be found derogatory or offensive is considered harassment.
[edit] Drug traffickingDrug traffickers are increasingly taking advantage of the Internet to sell their illegal substances through encrypted e-mail and other Internet Technology.Some drug traffickers arrange deals at internet cafes, use courier Web sites to track illegal packages of pills, and swap recipes for amphetamines in restricted-access chat rooms.
The rise in Internet drug trades could also be attributed to the lack of face-to-face communication. These virtual exchanges allow more intimidated individuals to more comfortably purchase illegal drugs. The sketchy effects that are often associated with drug trades are severely minimized and the filtering process that comes with physical interaction fades away.
