Claims Made vs. Occurrence Malpractice Insurance Explained
Every year across the United States, professionals across all industries pay out a total of around $55 billion a year in malpractice lawsuits. These claims are made when an individual suffers physical, emotional, or monetary damages due to proven malpractice from a business.
This is why having proper malpractice insurance coverage in place is absolutely vital.
There are two main types of malpractice insurance: claims made and occurrence insurance. It is essential that you know the difference between claims made vs occurrence malpractice insurance.
In the event that someone files a malpractice suit against you, having this coverage may well stop your business or practice from going under. Here is what you need to know.
Claims Made vs Occurrence Malpractice Insurance: Who Needs It?
Before getting into the key differences between occurrence vs claims made, it is worth explaining who actually requires it.
Medical practices are the chief customers, as they are most likely to be sued for malpractice if a patient receives physical or emotional damages due to malpractice.
However, general liability insurance of this kind is needed for any industry that physically deals with people.
One of these is security. If you own a security company, then use a well-known provider such as El Dorado Security Guard Insurance to ensure that you are properly covered in the event of a malpractice claim. This will ensure you do not have to bear the full costs of a seven-figure lawsuit.
Claims Made Insurance Explained
Medical malpractice insurance can be ‘claims made’. Essentially, this means that you are insured for a claim made during the period of the policy being in force. The incident in which the claim was made also needs to have occurred during the policy period.
This means that your coverage starts when the policy begins, and you are covered for anything that occurs during that period related to malpractice. When assessing occurrence vs claims made malpractice, this type of insurance is much cheaper.
This is because you are paying for continuous coverage, rather than paying to cover yourself as a result of an incident that has already occurred.
Occurrence Malpractice Insurance Explained
However, when weighing up the difference between claims made vs occurrence malpractice, sometimes occurrence is the right option. This is the type of insurance you will want if you are not covered and a real or potential malpractice incident occurs.
Occurrence insurance covers you for any incident that occurs during the policy year, regardless of when the claim is actually reported to the carrier. This means that if the incident occurred before you activated the policy, you are covered.
This type of insurance is more expensive than claims made insurance. This is because it is often sought out after a potential malpractice incident has already happened, meaning that a claim may be imminent.
However, it is still a lot cheaper than paying the costs of the lawsuit yourself.
Learn More
Knowing about claims made vs occurrence malpractice insurance is the first step toward being prepared for a lawsuit. Make sure to get in touch with our experienced legal team today if you believe a malpractice lawsuit is headed your way.
What Are War Crimes and Who Can Be Charged?
If you’ve watched the news over the past twenty years you have may have heard terms such as genocide and war crimes. Many soldiers have been accused of war crimes in recent conflicts. These conflicts include the Iraq War, the conflict in Bosnia and the Troubles in Northen Ireland.
But what do those terms actually mean in a practical sense? And what constitutes a war crime? What laws govern such crimes? If you’ve been a soldier or are in need of a war crime lawyer, here’s everything you need to know.
The International Criminal Court
You may have heard of the International criminal court (ICC) which sits at The Hauge in The Netherlands. It is a supranational institution: its jurisdiction is above those of individual nation-states. This means the court prosecutes war crimes committed around the world. The concept of a world court that could prosecute leaders of nations and soldiers for committing war crimes was first muted at the end of the First World War.
The Nuremberg trials of 1945-46 that tried Nazi leaders were the first trials of their kind in modern legal history. Very few of the crimes committed by the Nazis were illegal under German Law. The Nazis used the law and the courts as a means to enable their crimes.
The war crimes trial of the Nazis were a way of illustrating to the world that there should be a global law when it came to the way countries acted in warfare against each other.
A recent example is that the ICC is currently investigating the leader of Myanmar, Aung San Suu Kyi, for war crimes and alledged genocide. The ICC is also investigating the Israeli and Palestinian conflict in the Middle East.
The modern-day court was established in 2002 and generally only intervenes under guidance from the U.N Security Council. However, the U.S is not a member of the ICC.
The U.S and the ICC
The United States is not a member of the ICC and this stems partly from the constitution which makes it difficult for a President to ratify a treaty, requiring a two-thirds majority in the Senate.
The U.S does transpose international laws regarding war crimes- the Genova Convention – into its own domestic laws, however, and President Obama gave America observer status in the ICC. This means those accused of war crimes are tried in the U.S rather than in The Netherlands or elsewhere.
Be sure to consider the Law Offices of Richard V. Stevens to represent you as they have a focus on war crimes.
The War Crimes Law
The U.S law on war crimes specifies the following crimes as acts of war. Usually, the person accused must be a serving member of the U.S armed forces.
Torture and Cruel Treatment
Regardless of whether the person detained has information that could lead to saving lives or whether they themselves have committed war crimes, torture of any kind constitutes a war crime. This includes waterboarding. As well as torture, cruel treatment is also included in the list of war crimes which could include starving a prisoner, performing experiments on them or depriving them of basic human rights.
The inclusion of experiments is a clear reference to the Nazi doctor Joseph Mengle, known as the Angel of Death, for his cruel experiments on Jewish people in concentration camps such as Auswitch.
Murder, Mutilation, Sexual Assualt and Assualt
These crimes are already illegal under U.S law for ordinary civilians. However, they are explicitly prohibited under the war crimes act to ensure the person committing them while serving as a member of the U.S armed forces is tried as a soldier rather than a civilian through a Court Martial process.
The Penalties and Court Process
The penalties for committing war crimes are severe. They include the death penalty if the crimes involved a death, though this depends on the circumstances and life imprisonment.
Committing a crime while serving as a solider is often seen as more severe then if the person had committed the crime as a civilian because they were wearing the uniform of the United States and are supposed to be representing their country.
Statute of Limitations
There is no statute of limitations when it comes to prosecuting war crimes and it doesn’t matter if the crimes took place inside or outside the United States.
This is why men in their 90s who are alleged to have committed war crimes during World War II are still being hunted and called to account. It is seen as important that there is no time frame on those who have committed war crimes.
War Crimes are Complicated Hire a Good Lawyer
Anyone who has been alleged to have committed war crimes will need a good war crime lawyer who understands the complicated nature of war crimes prosecutions. Often such cases will receive extensive media coverage meaning there will be lots of pressure on them and the legal system that could taint the trial and the way they are perceived.
There is no statute of limitations on war crimes and there are no geographical restrictions which means somebody could be tried for alleged crimes that took place forty years ago in a foreign country. This could make collecting evidence for the defendant to defend themselves difficult. Many witnesses who could exonerate the defendant or speak in their defense might have since died.
An expert military lawyer will know how to address and solve these issues to ensure the defendant gets a fair trial.
If you are interested in reading more about war crimes then be sure to check out the rest of our site.
What Is Financial Crime? All of Your Biggest Questions Answered!
Have you lost money or property due to fraud? You have probably been a victim of financial crime.
But just what is a financial crime?
If you’re not a criminal lawyer or a crime-buster, you certainly know little about financial crimes. This means you can be a victim without knowing or you can even commit a financial crime accidentally and find yourself in trouble.
This is why it’s important to brush up your knowledge of financial crimes. Continue reading to learning more about this, including the different types of forms of financial crime.
What Is A Financial Crime?
By definition, financial crime is any crime committed against property. In this case, property can be anything from money in a bank account to a physical building.
The goal of most financial criminals is to gain monetary benefit. For instance, when a person manages to siphon money from your credit card or bank account, it’s usually because they want it for themselves.
Types/Forms of Financial Crime
There are several types of financial crime. Here’s a brief breakdown of the most common types.
Tax Fraud
Did you know about one in every six dollars owed in federal tax goes unpaid?
If you or your business doesn’t pay your taxes, you could be guilty of tax fraud or evasion.
There are a couple of ways this fraud can happen. If you underreport your income so that you owe less in federal taxes, for instance, the IRS won’t take long to discover your illegal activity. www.paystubs.net has an informative article on the consequences of using fake paystubs to manipulate your earnings.
Depending on how long a person commits fraud and the amount of money involved, they could face anything from hefty fines to time behind bars.
Money Laundering
Money laundering involves trying to make illegally obtained money appear legitimately obtained.
Here’s an illustration:
Let’s say person A robs a bank and steals $50,000. They manage to escape successfully. After a while, they decide to start a small business using the stolen funds as capital.
The business picks up and starts making sales. A takes this income and banks it in the business’ account. He/she then withdraws the money and uses it without a worry in the world.
This is a simple case of money laundering, but there are usually more complex ones involving a web of bank accounts across the globe.
Identity Theft
Identity theft happens when a person uses another person’s identification details to commit fraud, such as applying for credit or filing taxes. In 2017, over 14 million consumers in the United States were victims of identity theft.
Terrorist Financing
Terrorists and terrorist groups need money to fund their heinous acts. Anyone who provides financial support, monetary or otherwise, to these individuals groups commits a financial crime.
Understand Financial Crimes
Financial crime is a major issue in the United States and abroad. As a consumer, it’s important to understand these crimes and how they can affect you. Reading this article on “what is a financial crime” is a good place to start, but don’t stop here.
Keep reading our blog for more insights on financial crime and related laws.
Criminal Injuries Compensation Claims for Domestic Violence
Unlike most compensation claims, a criminal injuries compensation claim will award you compensation from a governmental fund, rather than from the person found guilty for your personal injury.
However, as your domestic violence lawyer will tell you, this doesn’t change the process of a settlement or trial, regardless of the reason for it – be it domestic violence or personal injury that resulted from other types of criminal acts.
Applying for Compensation
If a case – or more – of domestic violence has resulted in your injury, then you can make a Criminal Injuries Compensation Claim and be compensated, directly by the government, for your injuries.
Still, there are some things that you have to take into account before applying. For example:
- You must not be living with the abuser and you cannot plan on living with them again in the future.
- The domestic violence act has been reported to the police in a timely manner – as soon as possible.
- During the investigation, you must have attended court – if it was necessary – and cooperated with the police.
- In order to apply for compensation, the abuser must have been prosecuted for their crime.
- You must have not been the cause or the one who provoked the domestic violence incident.
- You must make a compensation claim within two years of your injury date.
- Lastly, you can apply for compensation if it is certain that a violent partner or abuser would not benefit from the compensation.
Naturally, most of the points mentioned above are there to make sure that the victim is not plotting with the alleged abuser in order to get compensated or that the abuser is not threatening/forcing the victim to apply for compensation.
What Can You Be Compensated For?
When it comes to compensation, you can receive awards for a variety of injuries, as well as several other things – generally, criminal injury compensation claims work similarly to personal injury cases.
For example, you can be awarded compensation if:
- You had mental or physical injuries that resulted from domestic violence/violent crime.
- You experienced loss of earnings, as well as future loss of earnings, as a result of the domestic violence. However, you must have been unable to work for at least 28 weeks after you’ve been injured/abused.
- You have experienced certain types of expenses – such as medical and dental bills. These are labeled as special expenses and you can claim them if you have been incapacitated for more than 28 weeks after the incident/domestic violence incident.
The Bottom Line
As you can see, a criminal injuries compensation claim works almost like a personal injury claim. On top of that, the injured party can apply for it even if they have been the victim of domestic violence.
This type of claim basically ensures you compensation – if you are eligible – without having to go to trial or try to settle with your abuser. Naturally, a domestic violence lawyer is able to give you more information about how to make such a claim, as well as about the process behind it.
Criminal Defense Attorney Tips: Healing From A Sexual Assault
Surviving a sexual assault is quite an ordeal; the kind that will likely leave you with post-traumatic stress in one form or another. For what it’s worth, do know that you are not at fault for what you’ve been through, and there is light in the times ahead of you. Although it may take a considerable amount of time to process this, with the right frame of mind and the necessary support, you will once again rebuild your sense of self-worth and attain emotional balance, coming out of it stronger than ever before. In no particular order of significance, there’s a whole lot you can do to put all of this behind you:
Find someone you can trust
Going through recovery alone means you’re only going to be making everything needlessly harder on yourself. Instead, it’s better to find someone you can trust and open yourself up to what happened. Remain communicative. Sure enough, there’s stigma all around, but that’s all the more reason to open up to the people you trust; those who’ll be keeping it a secret. But whatever you do, don’t keep telling yourself that it never happened; denying the truth will only serve to reinforce the image of being a victim in your mind. If you need to feel vulnerable for a bit and seek solitude while you heal, that’s completely understandable. Just don’t completely isolate yourself for a prolonged period of time – socializing will help you heal.
Don’t feel guilty about what happened
It’s important to realize that what happened to you has absolutely nothing to do with your values or personality. By no means did you bring this upon yourself. Many sexual assault victims are harsh on themselves, thinking they should have done more to stop the attack. However, when you’re experiencing physical trauma, your body gets frozen and you’re often completely unable to move. Thinking clearly becomes quite a challenge, and in the end, you end up doing nothing about it. And if someone you know did this to you, don’t blame yourself for trusting that person; there was probably no way to anticipate it. If you were intoxicated at the time, don’t blame yourself for it – the only one who is to blame is the attacker, no one else.
Stay strong
As you’re recovering, flashbacks may gradually keep coming back, reminding you of the events that transpired. It’s not uncommon for the victims to develop a post-traumatic stress disorder. If you find yourself on the edge all the time, experiencing nightmares, and being overly vigilant even when the threat has passed, it might be time to seek out professional help. This is especially true if these feelings linger on for an extended period of time. Do you get irritated by certain places or smells but can’t find a reason for it? Are you experiencing shortness of breath and a lingering sense of panic even when no immediate danger is in sight? These are all signs of PTSD – if you notice these, try to calm down any way you can. On a positive note, there are specifically-designed techniques for this that can help you.
Learn how to deal with flashbacks
No matter how strong you are, you will likely experience some flashbacks at some point, making you feel as if the attack is happening all over again. By realizing this, you will be much better equipped to take control of the situation and realize it’s, in fact, a flashback, not reality. You’re not a victim – you’re a survivor. Remember that, always, especially when times get tough and flashbacks keep reappearing. When you’re in the middle of a flashback, it also helps to ground yourself in the present reality to prevent your mind from escaping to dark places. For instance, you can describe the room that you are in. Is it the same one as the one in which the attack happened? If not, this is a convincing argument that you’re in the present, not the past. Go over this every time a flashback occurs, and you will ground yourself in the present reality.
Connect yourself to your feelings once again
You may think that staying forever numb will shield yours from emotional trauma. While this may be true, you are also robbing yourself of positive feelings of excitement and enjoy; a compromise that is rarely worth taking. A life without feelings is existing, not living. There are many things you can try to establish the connection to your body and feel more confident again. Have you tried meditation? If you’re the sporty type, martial arts are another thing you can try. Plus, they have the self-defence element to them that will make you a powerful force to be reckoned with and re-establish your confidence. In general, any kind of rhythmic movement will help. Some may prefer dancing, others may like to artistically express themselves by playing an instrument. But no matter which path you take, just get moving – it will get better!
Fight back
Now that you’ve somehow managed to rebuild at least a part of your self-esteem, it’s time to fight back and press charges against the perpetrators. Keep your chin up, lawyer up, and gather the evidence necessary so they will pay for their misdeeds. Do your due diligence and learn more about what’s needed to prevail in court, then push it with full speed ahead. The only alternative is staying silent, but you don’t want that, do you? Punishing whoever did this to you is the only way to make sure the same thing won’t happen to another unfortunate individual. As a matter of fact, people who do such ill-conceived things count on your fear of them as well as your embarrassment in hopes that they won’t get punished. Standing up for yourself may not be the easiest thing on your plate, but it’s the only right one to do.
Conclusion
The road to overcoming this will be long and riddled with obstacles, but by seeing the light in front of you, you’ll be able to pull yourself together and live your life once again. After all, many sexual assault survivors have successfully done so in the past, so keep your chin up and follow in their footsteps.
Signs of Nursing Home Abuse and What to Look for When Selecting an Attorney
The sad truth is that nursing home abuse has become really common in the last couple of years. This is specifically why a new niche has been created, as many lawyers focus exclusively on solving this sort of cases.
So, how would we characterize nursing home abuse? How do you determine if one of your loved ones is a victim in this case? Most importantly, though, what should you do in this respect?
Signs of Nursing Home Abuse
First of all, we’ll define nursing home abuse. Expressly, there are specific categories of nursing home abuse, such as sexual or physical abuse, emotional abuse, healthcare fraud, financial exploitation, abandonment, neglect, and so on and so forth.
Considering that the areal of nursing home abuse is quite broad, it is essential to comprehend and address the warning signs.
Statistically speaking, a high percentage of all the nursing homes in the United States have been cited for violations of elder abuse rights and laws. Because nursing home residents are commonly not well-suited to protect their own rights, it is incumbent on family members to monitor, observe, and actively supervise the care of your family member in the nursing home. If you suspect that your loved one has been a victim of nursing home abuse, an qualified nursing home attorney will help you review the circumstances. This is pointed out by a nursing home abuse law firm in Tampa.
With that in mind, the warning signs of physical abuse, for instance, are sudden injuries or unexpected physical conditions that cannot be explained: sprained joints, broken bones, burns, and bruises, so on and so forth. Meanwhile, signs of emotional abuse include the withdrawal from social activities, an unprecedented change in behavior, isolation, and the presence of caregivers that are aggressive.
In the case of neglect or abandonment, then the living space would be dirty, the bedding spoilt, the patient’s personal hygiene is deteriorating, so on and so forth. These are all warning signs that require your immediate action.
What to Look for When Selecting an Attorney?
You’ve decided that your beloved one is a victim of nursing home abuse. What do you do from this point onward? Categorically, the next step is to look for the assistance of a professional that you can trust – namely an experienced attorney.
Evidently, each state has different laws and regulations concerning nursing home abuse, and you should get your facts straight before proceeding with a lawsuit. Essentially, the attorney you choose should be knowledgeable regarding the procedures in the state in which you live. You should ask him/her a range of questions, and, depending on the answers, you should be able to make a sensible decision.
To conclude, note that a nursing home lawyer usually does the following: he gathers critical information for building up a case, starts the legal action, prepares for the trial, negotiates the settlement, commences the trial and resolves the lawsuit. Additionally, lawyers expect ultimate transparency from their clients, which is why you should be honest and disclose all the information you have at your disposal.
Types of Prison Sentences in the UK
The UK government has different types of prison sentences, that are given out to both adults and young people in court. Learn about all of them, in this post.
When the law is broken, and a person is sentenced for a crime, there are varying degrees of prison sentences given. In the UK, our criminal justice system encompasses different types of prison sentences, for those found guilty in a court of law. As each crime is different, some less serious than others, there must be different forms of prison sentencing in place.
We’ve spoken to THB Legal, leading solicitors in Chelmsford serving Essex and East Anglia, about the different kinds of prison sentences there are in the UK. In this post, we will examine what each of these sentences entails, including length and conviction. Learn all about the prison sentencing process, right here.
1. Concurrent and Consecutive Sentences
In cases of criminal law, where the person is convicted of committing more than a single crime, these prison sentences are called concurrent and consecutive sentences. The difference between them is that concurrent sentences are sentences served in conjunction with one and another, where us consecutive sentences are served one after the other. So, if a judge or magistrate sentences the person to a concurrent sentence of one crime equalling 2 years and another crime with a sentencing of 4 years, they will be imprisoned for 4 years in total (as the sentences are served at the same time). As for consecutive sentencing, if the same person has committed one crime and been sentenced for 2 years, with another crime committed where the sentencing is 4 years, they will serve a total of 6 years in prison.
2. Suspended Prison Sentences
Suspended sentences are when the person deemed guilty, serves their sentencing outside of prison – in the community. This comes with conditions of service, including having to refrain from going near a specific place or individual or doing unpaid work for the community (known as community payback). In suspended prison sentencing cases, if the person sentenced breaks the conditions of their sentencing, they can be put into prison. Those on suspended sentencing must adhere to certain requirements, including activity, unpaid, curfew and residence requirements among others (specified by the judge or magistrate on sentencing). Suspended prison sentences are usually for less severe criminal charges.
3. Determinate Prison Sentences
This type of prison sentencing specifies a set, fixed length of time. Determinate sentencing is given by a judge or magistrate where the person convicted serves for a fixed length of time. There are some exceptions, but usually a determinate prison sentence must be served in full. However, for sentences of over 12months, the first half of the sentence is carried out in prison. Then, the second half of the sentencing is carried out in the community. Similar to suspended sentencing, there are some criteria that must be met. If the person convicted breaks the conditions of their second half community sentencing, they can be placed back into prison. Similarly, for cases where the determinate sentence is under 12months, the prisoner is usually released half way through their sentence.
4. Indeterminate Prison Sentences
Contrasting determinate prison sentences, indeterminate sentences do not have a fixed period of time for sentencing. For those incarcerated, this means that they will not have a date that they are released from prison. The judge will provide a set amount of years that are the minimum that must be served, also known as a tariff. Once the tariff has been served, they will be considered for release. A Parole Board will decide if the individual is allowed to be released, after their tariff has been served. A collection of individuals will determine whether a prisoner can be released on parole, taking into consideration the safety of the public should this person be released. They must assess if they are going to be able to re-enter this person into society without any negative impact on the public.
5. Life Sentences
For the most severe of cases, courts must give life sentences. A life sentence is given in cases of murder but can also be given for other severe cases included bank robbery and rape charges. Life sentences usually are served for the remaining duration of the individual’s life. Should they be considered for release, if they commit another crime whilst out of prison, they can be returned into prison at any given time. If the court gives a whole life sentence, the convicted person is not considered for release, under any circumstances. There is no minimum term and no chance for release. If the judge deems the case serious enough to grant a whole life sentence, the convicted will serve the rest of their life in prison (without chance of release).
6. Sentences for Young People
All of the sentences above are for adults (those over the age of 18). Those ages 17 and under receive different sentences for crimes. Firstly, there is detention and training order, given to those aged between 12-17. The sentence ranges from 4months – 2 years. The first half of the detention and training order is served in custody, then the second half will be served whilst they’re in the community. However, for crimes more severe, like violent and sexual crimes, young people will receive an extended sentence. Young people given an extended sentence may spend a long time in custody. When they are released, they will be placed under supervision. This supervisory period lasts, again, for a long time. They are usually tagged in this period to be monitored.
Finally, for cases of murder where the person is young, courts will set a minimum amount of time for the young person to spend in custody. They will be unable to apply for parole until this minimum sentence has been served. Should they be released, they will be under supervision for the remainder of their lives. For other serious crimes, young people can be given the same sentence as an adult, including life sentences.
These are the different kinds of prison sentences for those convicted in the UK.
3 Mind Blowing Benefits Of Hiring The Right Criminal Attorney
Every country has laws. These laws are tailored to suit the needs of that particular country. Even within the country, the laws are customized to each locality. The laws are there to protect the citizens of the country and make sure that everyone is treated equally. For those people who have been accused of breaking the law, they need to have proper counsel to see them through their court proceedings. That is where lawyers come in. There are numerous lawyers depending on which genre of law they have studied. The type of lawyer that you hire should depend on the issue that you have, among other factors. For example, if you have real estate issues, you can get a property lawyer. According to wikipedia.org, you can also hire a criminal lawyer to represent you or your company in the event you are charged with a criminal activity. Choosing the right criminal lawyer for your case can make all the difference in the world for your case. This is because these criminal attorneys provide you with all the benefits that you can think of. Some of the benefits of hiring a qualified lawyer from Nashville’s Criminal Defense Attorneys include:
Protection
In order to build a strong case against you, the people prosecuting you need to have a lot of foolproof evidence to prove that you did the crime. The collection of this evidence usually takes place, in part, during interrogation at the police station. The police are usually trained with skills on how to get information out of people. They can convince you that you are doing it to save yourself but you are incriminating yourself. These statements can be used in court. However, in the presence of a criminal attorney, the police won’t pressure you as much. Furthermore, the lawyer will tell you which questions are safe to answer.
Comfort
Sometimes, during the court proceedings and investigations, you may begin to feel hopeless and downcast. This is because you may start feeling as though you might lose the case. During this time, you need comfort from somebody who understands what you are going through. The criminal defense lawyer that you have hired will do just that. They will be able to comfort you and give you counsel based on facts and experience. Furthermore, they can foresee certain outcomes and prepare you in advance.
Strategy
In order to solve any problem, you need a plan of action on how to attack it. Without a plan or strategy, you won’t be able to sort out the problem effectively. The same thing applies to any criminal proceedings that you might be undergoing. You need a plan. Considering you don’t have full knowledge of the law, you may not be the best person to do that. However, the criminal attorney can sort this out. Based on the experience and interaction with numerous judges, your lawyer will be able to come up with the best strategies to help you win your case.
10 Examples of Police Misconduct to Refer to for Your Case
Police misconduct is any action done by a police officer that is illegal, inappropriate, or against police policies. This is a broad concept that can range from using excessive force, performing illegal searches, selective law enforcement, racial profiling, and even sexual assault.
Because many of these actions and concepts are broad and non-specific, it can be hard to delve into exactly what problems these cases involve. But skilled criminal defense attorneys can often use police misconduct to get criminal charges dismissed or even bring a civil claim against police for financial damages.
We’re going to go over 10 examples of police misconduct cases so you can see exactly what police misconduct is, and how it plays out in court.
1. Philando Castile Case
The Philando Castile case is one of the most famous police brutality cases to come up since Rodney King’s assault in 1992. So what happened?
Philando Castile was driving in a car with his girlfriend and his girlfriend’s daughter. He was then pulled over by Officer Jeronimo Yanez. Mr. Castile immediately reported to the officer that he had a legal gun in his possession.
The events that happened next are the example of police misconduct: Yanez tells Castile not to reach for his gun. Castile replies that he is not going to reach for his gun and that he is going to reach for his ID. His girlfriend, and police body footage, corroborate this story.
However, Yanez does not listen and fires 7 shots into the car, killing Castile. This is considered excessive use of force, especially considering that there was an unarmed person and child in the car when Yanez fired 7 shots at close range.
Yanez was charged with manslaughter and acquitted. However, he was removed from his position as a police officer and Castile’s girlfriend received over 800,000 dollars in settlements from the city.
2. Lying to Investigators
When police officers make an arrest, they’re required to tell the investigators that often take over the case all of the details and information they can. Lying to investigators about anything involving the arrest or the case is an example of police misconduct. This can be considered an obstruction of justice as well as going against police rules and regulations.
After the Mike Brown case in Ferguson, there was a huge Department of Justice probe into the racial profiling and misconduct performed by the Ferguson Police Department.
One thing they found in this report is that officers consistently lied to investigators about arrests, events, and interactions. One example given was that an officer lied about an altercation over the police loudspeaker.
This is a serious police misconduct offense, but the officer was only suspended for 12 hours (which, in fact, is another example of police misconduct, since that punishment doesn’t follow police regulations).
3. Ferguson Racial Profiling
That same report showed multiple examples of racial profiling within the FPD as well. Racial profiling occurs when officers and law enforcement officials use race or skin color as the basis for suspecting a crime.
This occurred a lot in Ferguson and is a prime example of police misconduct. The report showed that officers would target men of color, hold them, and then search whether there was a warrant out for their arrest (which is another example of police misconduct).
4. Planted Evidence
Officers planting evidence in order to make an arrest is a gross misuse of power and an example of police misconduct. A current case involving the premise of planting evidence involves Officer Richard Pinheiro of the Baltimore Police Department.
This case showed via body cam footage that Officer Pinheiro planted fake drug evidence in order to arrest a man on drug charges, which led to this man being held in jail for multiple months (all because of fake evidence).
This might be a problem within the Baltimore Police Department, seeing as another example of planted evidence was unearthed also because of body cam footage at a 2016 traffic stop.
5. Walter Scott Case
The Walter Scott case involves both the issue of planted evidence and police brutality. Attorneys involved in this case had to be both experts on police brutality, civil rights issues, and planted evidence in order to get a conviction.
If you want to learn more about or find lawyers that specialize in police brutality, check out these attorneys.
And get a conviction they did: the officer involved was sentenced to 20 years in prison for his involvement in the case. But what happened?
A cell phone video captured the events: Officer Michael Slager pulled over Walter Scott for an allegedly broken taillight. Scott and Slager apparently fought, and Scott fled the scene as Slager fired multiple shots at him (he was unarmed).
Slager is also seen to be placing his taser next to the body of Walter Scott, essentially planting evidence to make it seem like Scott was armed and using a weapon against him.
It was eventually ruled that Slager used excessive force and that Scott’s shooting death should be considered second-degree murder.
6. Sexual Assault and Rape
Some officers use their power to assault and rape alleged suspects. One example detailed how two New York City police officers arrested a young teenage woman for possession of marijuana. They loaded her into their unmarked police van and forced her to perform oral sex on them; they eventually raped her.
They threatened to charge her with crimes if she didn’t follow their orders. They’ve since been charged with multiple crimes including official police misconduct, sexual assault, kidnapping, and coercion.
7. Witness Tampering
Witness tampering is a type of police misconduct where police officers attempt to change or alter witness testimony by bribes, threats, or other coercive measures. An example case of this occurred recently in Maui, Hawai’i.
Now former police officer Anthony Maldonado pulled over a vehicle in a routine traffic stop. During this stop, Maldonado noticed a large amount of cash in the car, so he stole it.
This in itself is an act of police misconduct referred to as theft under the law. That’s not where the misconduct ends, though. Once the man realized his money was stolen, he reported it to the police department.
Maldonado and four others tried to bribe the man to drop the charges and withdraw the complaint. This is considered witness tampering and is a serious example of police misconduct.
Maldonado is no longer on the force, and he faces years in prison for these actions.
8. Drunk Police Officer
Drinking or using drugs on duty is a huge violation of police rules and regulations, which makes it an example of police misconduct. A recent example: a former Georgia police officer was fired after his supervisor discovered him drunk while filing paperwork.
While this might seem relatively innocuous, image what could happen if a police officer was drunk on duty and got into their police vehicle. Or made an arrest while high. Or shot someone in a drunken rage. Or even made a huge error in paperwork that allowed a murderer to walk free.
Even the smallest example of police misconduct is a serious problem.
9. Rachelle Jackson
Rachelle Jackson of Chicago witnessed a horrific car accident involving Chicago police officers. She bravely ran to the car and pulled one of the officers out fearing that the vehicle was going to explode.
When other officers arrived, Jackson was immediately detained and was questioned about stealing the officer’s weapon and disarming a peace officer. She then went to jail for 10 months awaiting trial after she was threatened and essentially forced to sign a statement that officers made for her.
The case was dismissed by a judge and Jackson turned around and sued the officers involved and the city for a false arrest, coercive questioning, and malicious prosecution (all examples of police misconduct).
10. Eric Garner
The Eric Garner case is another example of police brutality as a form of police misconduct. He was allegedly selling illegal cigarettes on the street of Staten Island. He wasn’t threatening or being violent towards the officers.
The officers attempted to make an arrest and wrestled Garner to the ground. They then put him in a chokehold (an illegal maneuver for police officers to perform) when Garner said repeatedly that he couldn’t breathe.
“I can’t breathe” has become one of the rallying cries of the Black Lives Matter movement, a movement that focuses on the unfair and biased police brutality that mostly black men (but also any person of color) face.
Officers continued to press his head into the ground and kept him in a chokehold. He suffered neck injuries and died because of those compressions.
This case was considered to show police officers using illegal maneuvers and using excessive force. However, neither of the officers involved were charged with a crime.
The officer who put Garner in a chokehold was stripped of both his badge and his gun. His supervisor was also charged with failure to supervise and also stripped of her badge and gun.
10 Examples of Police Misconduct Cases: Wrapping Up
Police misconduct is a scary thought: police offers are supposed to be the people we trust to keep us safe. But, as these examples of police misconduct show, when police break the law or go against regulations, they can harm people’s lives forever.
If you need a lawyer to help with a potential police misconduct case, contact us. We can help find the best lawyer for your case.
What Are The Regulatory Requirements for Cleaning Crime Scenes?
Crime scene cleanup is an essential part of the process of restoring a crime scene environment and making it safe for habitation. The cleaning of crime scenes is not officially a regulated industry, yet there are regulations, restrictions and guidelines for crime scene cleanup staff to follow that ensure that rigid public safety standards are met. There are several agencies that are responsible for overseeing the protocols, namely, the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety and Health (NIOSH), and the Department of Transportation (DOT). Any company that offers crime cleanup services would be recognized by the above organisations as being capable of carrying our necessary cleaning at crime scenes, while the company itself would have a rigorous training program to ensure that all their employees meet the very high standards that this type of work demands.
Crime Cleanup Companies
In the US, there are certain crime cleanup companies who operate across the country and their staff are specifically trained for this type of work. Crime cleanup technicians undergo special training and encounter horrific scenes that might arise from the following scenarios:
- Homicide
- Suicide
- Unattended Death
- Disease
The crime scene cleanup company would also be called in to eliminate risks from a tear gas infected area and render the environment safe for habitation and that means removing all traces of the harmful chemicals.
Special Skillsets
This type of work does not suit everyone, due to the traumatic scenes that one is likely to encounter, not to mention dealing with the people who are directly affected by the incident, the owners or occupants of the property. The cleanup company do sanitize the entire room where a trauma has occurred, yet they do not clean carpets, which are disposed of in a safe way. Items such as bedsheets, blankets and items of clothing are also disposed of, while the floors and walls are cleaned using special chemicals that break down the blood pathogen. The cleanup process is very thorough and the technicians wear special protective clothing while at work and due to the nature of such incidents, the company would have mobile teams who provide a round-the-clock service 365 days a year.
Bloodborne Pathogens
When cleaning up blood or human waste, the technician is always aware of the potential danger from bloodborne pathogens and is required to wear personal protective equipment (PPE), the technician would be competent in the use of many different products used to sanitize a trauma scene. Bloodborne pathogens can be transmitted from person to person, such as hepatitis and HIV, therefore great care must be taken when cleaning up blood or other bodily fluids.
Second Responders
Crime scene cleanup technicians are what is known as second responders and would be called in when the police have finished collecting the required evidence and in many cases, they have to comfort family members before and after the cleanup process. If, for example, a person took their own life at the family home, the crime scene cleanup technicians would be called in as soon as possible and in such situations, family members are still in a state of shock and a high level of compassion is required when entering the affected premises and carrying out the cleaning.
Safe Removal of Biohazardous Materials
This is the primary role of a crime scene cleanup technician, who would thoroughly disinfect the area to ensure that all biohazardous materials are safely removed, Certain items would not be cleaned, rather they would be bagged up and incinerated and it is a time consuming task to completely clean the trauma scene, while great care must be taken by the technician to ensure they have completely removed all biohazardous materials and the property has been thoroughly sanitized.
Should you ever require the services of a crime scene cleanup company, an online search would be the best place to start and by dealing with an established company that is accredited and recognized by regulatory bodies, you can be sure the cleanup will be carried out promptly and effectively, allowing you to safely occupy the property. Typically, the cleanup company would have a network of branches and would cover several states or perhaps a region of the US.
