Girls shot 'not intended targets,' neighbors say
2 Fullerton California Cops Charged For The Brutal Murder Of Kelly Thomas
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2 Fullerton California Cops Charged For The Brutal Murder Of Kelly Thomas Video Clips. Duration : 17.88 Mins.Ted White Lee's Summit Jackson County Missouri - Shame On Lee's Summit!
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Ted White Lee's Summit Jackson County Missouri - Shame On Lee's Summit! Video Clips. Duration : 3.08 Mins.State of the Art Crime Lab Launches
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State of the Art Crime Lab Launches Tube. Duration : 4.57 Mins.Lew Evangelidis endorses James McKenna for Attorney General
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Lew Evangelidis endorses James McKenna for Attorney General Tube. Duration : 1.98 Mins.DallasCtyJuvenile.mp4
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DallasCtyJuvenile.mp4 Video Clips. Duration : 11.42 Mins.Richard Fine Knocks Off Another Judge on www.fulldisclosure.net
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LA Grim Sleeper arrest
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DA Honors Local Crime Victims For Bravery During Annual 'Citizens of Courage' Awards
County District Attorney - DA Honors Local Crime Victims For Bravery During Annual 'Citizens of Courage' Awards
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Dan Doyle Indicted For Katrina Relief Scam Following FBI Honolulu Investigation
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April 28: District Attorney Debate
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American Violet - Official Trailer
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Local News 7/14/11
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Teen's Mother begs Feds to Remove Convicted Drunken DA
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Highlights from the 2010 Fraud Awareness Fair
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Topeka Domestic Abuse Survivor Trembling Over DA's Decision to Pass Down Misdemeanors
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Lent Carr Take A Stand for Concerned Residents of Southeast Raleigh (District C)
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Cop vs. Cop
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DA: Murray Verdict a Warning to Corrupt Doctors
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Judge gives DA stern warning in beheading case
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Las Vegas Drug Prosecutor Who Busted Paris Hilton Arrested for Buying Crack Cocaine
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Park Co Republican Debate May 24, 2012
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Colorado Springs Law Firm
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Role confusion - The inequity in the middle of a Guardian Ad Litem and an Attorney For the Child
District Attorney - Role confusion - The inequity in the middle of a Guardian Ad Litem and an Attorney For the Child
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In child safety and high friction disjunction cases, man is often appointed to recite the interests of a minor child in the court proceedings. Sometimes an attorney is appointed to recite the child. Other times a guardian ad litem may be appointed. Sometimes both representatives are appointed. But what is the difference?
If you don't know, you are not alone. Even judges and attorneys can get confused at times. The fact is, the roles are defined differently from jurisdiction to jurisdiction, and (usually in divorce/custody matters) in some jurisdictions may not be defined at all.
Despite the confusion, there are some clear differences. Let's look at each role, beginning with the most customary -- the attorney.
Attorney
When most habitancy use the term "attorney" they are for real referring to an "attorney at law" (aka "lawyer"). Black's Law Dictionary, the appropriate in the legal profession, defines an attorney at law as:
Person admitted to institution law in his respective state and authorized to achieve both civil and criminal legal functions for clients, together with drafting of legal documents, giving of legal advice, and representing such before courts, executive agencies, boards, etc.
In the court context, an attorney for a child represents the child's interests - what the child wants. When we are talking about custody, that means that the attorney explains the law and the legal process -- in an age appropriate manner -- to the child, learns the child's wishes, then advocates the child's position to the court. Essentially, the attorney represents the child the same way she represents an adult. The child is the client and the attorney tries to win the case for the child. The child's position may or may not match up with the parents'. The attorney files court documents, appears in hearings, and can call or inspect witnesses.
"That's nice," you say, "but what if the child is too young to express his or her wishes?" Good question. This is where it gets murky, and the attorney's job tends to look like that of a guardian ad litem (which I'll tell you about in just a minute). According to the American Bar Association, if the child is unable to express his or her wishes, the attorney's duty is to recite the best interests if the child. In other words, the attorney must research and correlate what she believes would be the best outcome for the child and argue why the court should adopt that point of view.
Guardian ad Litem
This brings us to the guardian ad litem. Again quoting Black's:
Guardian. A man lawfully invested with the power, and charged with the duty, of taking care of the man and managing the property and rights of other person, who, for defect of age, understanding, or self-control, is considered incapable of administering his own affairs. One who legally has responsibility for the care and management of the person, or the estate, or both , of a child during its minority.
A guardian ad litem is a special guardian appointed by the court in which a particular litigation is pending to recite an infant, ward or unborn man in that particular litigation, and the status of guardian ad litem exists only in that exact litigation in which the appointment occurs.
Huh? Let's make this simple. In the child safety and child custody contexts, the guardian ad litem is man appointed by the court to recite the child's best interests in that particular case. As mentioned earlier the exact role of the guardian ad litem varies from state to state; however, there are some common characteristics. The guardian ad litem:
investigates the house situation exercises some level of expert judgment formulates an idea (hopefully objective) about what would be best for the child makes recommendations to the court, based on the investigation advocates for these recommendations on behalf of the child is complicated throughout the whole proceeding. does not have to result the wishes of the child
Depending on the jurisdiction, the guardian ad litem may serve more of an investigative and advisory function, or may be made a party to the case and actively participate with appropriate legal representation.
While there are determined differences, both roles involve appointing man to watch out for the child when the parents are incapable or unwilling to do so.
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Press Conference Regarding Murder of Trudie Hall (04-24-12)
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Judge Perry's Attack on The Freedom of Speech is Nullified by Orange County Residents
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Cop arrested for soliciting sex in exchange for not arresting a drunk driver
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Colo Health Board Votes Down Medical Marijuana Limits abc7News Denver
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Jewish groups supports Irvine 11, Muslim human rights protestors
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Meet Eric Swalwell Jr. - Dublin High School Class of 1999
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Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense
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Good evening. Today, I learned all about District Attorney - Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense. Which is very helpful in my experience and you. Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal DefenseSexual intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of one Florida sexual offense law, an adult is defined as man aged 24 or older. A minor is defined as whatever under the age of 18.
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Florida Statute Title Xlvi Crimes lesson 794 Sexual Battery 794.05 - Unlawful sexual action with safe bet minors. This law makes it a felony for whatever 24 years of age or older to have sex with a 16 or 17 year old. Ignorance of age cannot be raised as a defense for this crime.
Question: Does this mean that whatever between the age of 18 and 24 can have sex with minors under the age of 18?
Answer: No, it does not.
Florida Statute Title Xlvi Crimes lesson 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the nearnessy of persons less than 16 years of age: This law makes it a felony of the second degree for "A person" 18 or older, to engage in sexual action with a man 12 years of age or older, but less than 16 years of age.
Florida Statute Title Xlvi Crimes lesson 827 Abuse of Children 827.04 Contributing to the delinquency or dependency of a child; states that a man 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree.
Statutory rape laws are meant to protect young people.
Knowing that jail time is a potential consequence deters many (but unfortunately not all) adults from becoming sexually complicated with minors. When the act on a minor has already been committed, security comes in the form of punishing the offender, commonly with a felony offense.
Problem is, most minors that have sexual relations with adults rarely feel victimized and therefore don't feel the need for protection. As a result, parents who reckon their underage children of being sexually active with older adults face a dilemma. If they article their suspicions to authorities, the article sets in motion a long and complicated legal process which commonly alienates them from their children.
If they don't article their suspicions, they may feel they've failed in one of their primary responsibilities as a parent: Protecting their child from potential danger.
Do you reckon statutory rape?
If you're a parent and reckon your minor child is sexually complicated with an adult you have every right to decree how to handle the situation. Depending on your child's maturity level, you might decree to speak frankly about the potential consequences and then allow some time for them to seek a resolution themselves.
Or you may feel it critical to take legal action. If so, start conference evidence of the connection now. Read your child's journals, dairies, text message logs and email and make copies of any relevant information, especially whatever that is dated, before your child has a opportunity to destroy evidence. If you think there's evidence on a computer, be sure to make a backup copy of the hard drive, too. If you don't know how to do that, find man who does.
Reporting statutory rape in Florida
The general course for reporting suspected cases of statutory rape in the state of Florida is as follows:
Start by reporting the suspected statutory rape violation to the Sheriff's office or local police department. Based on the evidence provided, the law promulgation group commonly will whether dismiss the case if insufficient evidence is provided; place the case on hold until resources can be devoted; or open an investigation right away.
An investigation entails conference the names of and interviewing everybody complicated along with witnesses and following up on leads and any new data learned as a ensue of the interviewing process. A communicate of all evidence is also undertaken.
If this investigation is inconclusive, the case likely will be dropped at this stage. However, if the investigation determines that a violation of Florida statutory rape laws has taken place, the case is forwarded to the thorough district office of the State Attorney for prosecution.
Once under the jurisdiction of the State Attorney's Office, district attorneys take sworn testimony from all witnesses. From there they will make a measurement as to whether charges should be filed. If warranted, the exact charges are thought about next. The district attorney's office then files a case with the Clerk of Courts, an action that signifies the start of the prosecution phase.
No one honestly wins in court
If all this sounds overwhelming, remember there is a best way. Retention the lines of communication open may help preclude statutory rape from developing in the first place. So do the right thing and talk openly, honestly and commonly with your child.
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Pennsylvania State Police Ignore Blatant Animal Abuse Video Clips. Duration : 6.63 Mins.Discrimination Against White People in America Exposed part 2
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