Marital rape, also known as spousal rape, is non-consensual sex wherein the offender is the victim’s spouse. This, now considered, criminal act, which is widely experienced by women, though is also committed against me, is a form of domestic violence and sexual abuse. Marital rape often takes place within abusive relationships; it is also chronic or repeated form of violence instead of just a one-time occurrence.
Until 1979, however, U.S. citizens held the belief that no man could ever be held guilty of raping his wife. This belief is rooted from the English common law, which is actually the source of various traditional laws in the U.S., which said that it was legally impossible for a man to be pronounced guilty of raping his wife. This is due to a woman’s implied permanent consent, which could never be retracted, once she enters into a marital union.
A spousal rape conviction after 1979, however, totally changed America’s view regarding the act of rape happening between married individuals. The conviction was based on invasion and sexual abuse while the couple was in the middle of a divorce. The importance of this conviction, however, rested on the fact that that the merits of the decision was not exclusively confined in case, but rather served as a precedence to so many other spousal rape cases and convictions from the 1980s to the 1990s. Due to these early convictions, state criminal codes’ definition of rape no longer excludes spouses as victims. Besides this, refusing intimate time with one’s husband is no longer considered ground for divorce and, probably the most importance consequence of the early court pronouncements: spousal rape is now declared illegal in every state in the U.S.
As explained in the Horst Law website, married individuals may be charged with spousal rape if they engage in sexual penetration that is unlawful because it is alleged that the defendant was armed with a weapon, caused serious bodily harm, or the couple has been separated and at least one partner has filed for either divorce or separate maintenance. A charge of spousal rape can be elevated to aggravated sexual assault if the defendant was particularly vile, cruel, or otherwise inhumane and either caused serious bodily harm or was armed with a weapon.
Drug-related activities, which include simple possession, possession with intent, sale of a controlled substance, drug manufacturing, drug trafficking, and drug conspiracy, are serious federal and state crimes and are punished with mandatory sentences, steep fines, and possibly many hours of community service, among others. (A mandatory sentence refers to the penalties a court must hand down to a person convicted of certain offense. Felony offenses, under state law, are punishable by a mandatory minimum sentence of at least one year imprisonment. Class A felonies, which are the most serious of offenses under state law, carry a mandatory minimum of 15 years jail time. Mandatory minimum sentences, however, may be increased due to certain factors, such as prior convictions or aggravating factors.)
Every year, the U.S. Drug Enforcement Agency (DEA) makes more than 30,000 arrests due to drug-related crimes. Two specific arrests frequently made by state or federal arresting officers are simple possession of illegal drugs and possession with intent. As explained in the website of the law firm Brent Horst, simple possession alleges that an individual had a controlled substance for his or her own personal use (illegal or controlled substance includes cocaine, heroin, marijuana and ecstasy, which is otherwise known as 3,4-methylenedioxymethamphetamine (MDMA). Heroin, marijuana and ecstasy are Schedule I drugs or drugs with no currently accepted medical use and have a high potential for abuse; cocaine, on the other hand, is a Schedule II drug or a type of illegal drug that has high potential for abuse, the use of which can potentially lead to severe psychological or physical dependence.
A worse offense than simple possession is possession with intent. This offense alleges that a person who possesses illegal drugs has intent to sell, distribute, deliver, or even manufacture the controlled substance. A simple possession charge can be elevated to possession with intent due to the amount of drugs possessed – it being too much for one person to use. Besides this, the presence of some items, like sand/mall plastic bags, containers, or scales are more likely indicative of a possessor’s intent to sell. While simple possession may only be a misdemeanor, possession with intent is always considered by state and federal authorities as a felony.
Those involved in drug crimes and other drug-related activities should be caught and punished according to the stipulations of the law. However, many law firms, like Brent Horst, for example, know that many individuals are made to suffer years of jail term despite innocence on the charges brought against them. Wrong conviction can be due to:
Systemic bias, or institutional bias, which refers to an inherent tendency to support particular outcomes (such as excluding black jurors from trials involving African Americans);
“Tunnel vision” or confirmation bias,” which involves forming an initial impression about one person’s guilt, and then tunneling or focusing on proving that person’s guilt while overlooking exculpatory information and other suspects; and,
Plea bargaining, wherein an accused would rather confess to a crime despite innocence so as to be given only a minimum sentence for her offense. While a plea bargain would save a person from a lengthy time in jail (the sentence the crime really deserves) it also forgoes the necessity
Many people dream of permanently living in the United States. Often called the “Land of Opportunity,” it provides people with a chance to have the life they have dreamed of. But applying for a visa can be a long and tedious process. Add to that, some applicants end up getting rejected just for minor filing problems. This can be a frustrating experience for most people to the point that they will think that they will never have their dream coming true.
Fortunately, the United States Citizenship and Immigration Services (USCIS) is now offering an easier and faster way to become a permanent resident of the United States. According to the website of the AmLaw Global,there are numerous advantages of applying for an EB-5 visa compared to other visa types. The EB-5 or Immigrant Investor Program has emerged as an important source of investment and development projects in the United States. Since its inception in 1990, it has attracted billions of dollars to the US economy while generating tens of thousands of jobs in the United States.
What Is The EB-5 Program?
Created in 1990, the EB-5 was designed to beef up the US economy by generating jobs and capital investment through foreign investors. In its initial stages, the program required investors to create an entirely new business. Back then, it only offered 10,000 available visas a year. This was attributed to the complicated nature of application, changes in financial requirements, and the high denial rates for investor petitions. Since 2005, however, approval rates has seen a marked improvement from 38% in 2005 to 6% in 2012.
How Does The Program Work?
To qualify for the program, the applicant should satsify the following requirements:
- They should invest in $500,000 in a project located in a Target Employment Area (TEA) and $1 million outside of the TEA.
- The foreign investor should create or maintain a minimum of 10 full-time jobs for American workers
- The applicant should have no record of prior convictions or violations of US immigration laws
- The cash to be invested must come a legal source
- The investment period is for at least 5 years
The Benefits of the EB-5 Program
Aside from being the fastest, easiest, and most reliable way to become a green card holder in the United States, the EB-5 program offers other benefits:
- The amount of investment is just $550,000 in exchange for a green card for the investor and their family
- The program does not require specialized skills or qualifications. It is also not subject to lottery system compared to other visa types.
- The investor’s children is eligibile for state and federal financial aid and pay lower “in-state” tuition at public universities
- Reside and work anywhere in the United States and can pursue a wide range of professional and business opportunities regardless of where the investment was made.
- There is no travel or age restriction, and no language skills required
- The investment and other aspects of the project are managed by third parties
- The investor can apply for US citizenship 90 days before the fifth year of reciept of conditional resident status
- The investor need not be proficient in English
Becoming a US citizen is just an investment away with the EB-5 Program. So what are you waiting for. Don’t miss this opportunity to become a permanent resident.
When someone is in need of medical attention, they are generally taken to an emergency area to receive instant and specific attention. Regrettably, sometimes emergency rooms, which are supposed to be a place for people who need medical attention, can wind up being unsafe for patients when workers or medical practitioners are careless or not diligent. In a few cases of medical negligence, medical professionals are accused of emergency room errors that led to sickness, physical injury, or wrongful death of an innocent individual. According to the Centers for Disease Control and Prevention, you’ll find lots of blunders that can be produced in a hectic and high-pressure emergency room situation, but every medical professional should be held responsible for her or his activities.
In line with the internet site of Habush Habush & Rottier S.C. ®, while professionals might cite overwork, exhaustion, of making an error or alternative causes, this really does not always absolve them of blunders that caused an injury to one of their patients. It is because many sufferers who are hurt by a blunder are faced with severe consequences – not just results that are physical, but financial ones as well. Because subsequent medical treatment may be extremely expensive, in some instances, the financial burdens of an emergency room error can be harder to cope with than other types.
4 Mistakes in Emergency Rooms
While there are several potential mistakes that can happen in an emergency situation, a few of the emergency room errors that are most common involve:
- Wrong Identification
- Treatment that is delayed
- Incorrect Treatment
- Anesthesia Blunders
Contact an experienced medical malpractice attorney today to determine if you meet the requirements for a lawsuit, in case you or someone you know continues to be victimized by medical malpractice. These instances of medical negligence can change a person’s well-being and health insurance exceptionally. They may also cause future difficulties for someone. Fortunately, an individual who wrongfully suffers medical negligence may actually be given monetary compensation through a medical malpractice litigation.
“How terrible it is… to love something death can touch.”
This is a quote that gets thrown around a lot. The main source of it comes from Albus Dumbledore, a character that J.K. Rowling penned, but the real, first source of it remains unknown – even to the practically omniscient Google. However, it is a thought so poignant and true that it resonates with every single person who has lost someone.
Grief may be felt in different ways but it is something universal amongst all beings. Everyone grieves – even if the universe at large does not. And since everyone deals with grief in a different way, there is no real proper way to go about it. Some people gorge themselves on comfort food, some are reliant upon the presence of close loved ones, and some prefer the company of solitude and quiet in order to process the loss of the recently deceased.
It is never easy to deal with death – no matter what your age, ethnicity, financial class, creed, or whatever class you fit into or identify with – and that much is certain. But there are some very real effects that a death can have upon you that need to be dealt with immediately, no matter how much you may not want to at the time. This can be especially felt if the death at hand were wrongfully dealt – such as through the negligent actions of someone else.
Wrongful death, according to the website of the lawyers with Williams & Kherkher, is a subset of personal injury that deals with the death of a person that was due to the negligent actions of another party. This is usually unintentional – as is one of the differences between wrongful death and criminal murder – but the guilty party must be held accountable for the damage and injury that they have caused. This includes the lost wages that the surviving dependents or beneficiaries may be dependent on as well as all the other costs that may have been included in the case. There are many variables to consider – but dealing with the legal circumstances of wrongful death is somewhat more objective and straightforward than that of dealing with the grief of a wrongful death.
Traumatic brain injury is not always obvious. People aged 75 and up make up most of hospital visits due to traumatic brain injury. Those in nursing homes often suffer from traumatic brain injury during falls that largely go unreported. Other people who are likely to suffer from it are those that are involved in vehicular accidents and falls from height.
Traumatic brain injury is any physical damage to the brain brought on by an external force. This can be anything from the mildest concussion that a victim can recover from without intervention to severe damage that can cause death or permanent disability. However, the brain is very delicate. Any trauma can have long-term effects that may not immediately manifest. A mild concussion now can mean Alzheimer’s disease 40 years down the road.
Medical personnel have learned to be suspicious of even the slightest possibility of traumatic brain injuries in an event such as a car crash. Even if there are no obvious signs of head trauma such as a wound or bruising, it does not mean that the brain did not sustain a brisk rattle that can lead to unconsciousness, seizures, and other symptoms that may get progressively worse. The first thing that a doctor will look for is brain damage in certain situations, such as someone falling from a ladder or being struck by a car.
Louisville KY personal injury lawyers would be first to tell you that it is important for anyone to recognize the symptoms of traumatic brain injury. Early intervention can minimize the adverse effects of brain damage. These symptoms include:
- Loss of consciousness
- Short-term memory loss
- Impaired vision
- Auditory problems
- Changes in sleep patterns
- Mood swings
- Changes in behavior
If you suspect that you or a close family member suffered traumatic brain injury because of a negligent accident, do not hesitate. Tell your physician immediately. It should be easy enough to find out with the right tests. If the injury is due to the negligent actions of a third party, consult with a personal injury lawyer as well.
Self-storage units come in all shapes and sizes to accommodate the many needs individuals may have. From a large two car garage to a simple walk-in closet, there is a size of unit that will fit the belongings you need stored. It is after delivering these items to your new storage space that problems may arise. Individuals often have issues fitting and organizing their possessions in an orderly manner that still allows for easy access to their belongings later on.
First things first, it is always important to stack the heaviest objects on the bottom. While packing away the objects being stored, make labels that state the contents of the boxes and if those contents are heavy and sturdy or light and delicate. You may choose to include a priority area that holds contents that you may need easy access to.
Box up as much as possible, making sure that there are no empty spaces in the boxes. If there are openings or air pockets within boxes, they can dent or fold under the pressure of another box. Packing materials like paper or packing peanuts can easily mold around the contents of the package and fill any holes. Being able to stack boxes without worrying about one crumbling makes the process much more fluid.
Specialized storage containers exist for more delicate items. Clothes and valuables such as expensive dishes should be placed in boxes specifically designed for that possession. This is to help prevent mildew or other hazards from damaging your belongings. Avoiding plastic and verifying that there is no excess water within the storage unit will prevent humidity and mold from forming and ruining possessions.
Large objects and furniture can cause problems and turn your storage unit into a real life game of Tetris. According to the website of Mopac Self Storage, couches can stand vertically to make space for other boxes or furniture. Chairs can also be stacked to save space. As long as protective coverings are securely in place around the objects in the storage unit, creativity is encouraged to fit all of your belongings inside the designated space.
Once everything is in place, make sure there is an aisle or u-shaped opening to allow access to your belongings should you need to. No one wants to pay for storage space they do not need or will not use, pre plan a way to organize your belongings to the most efficient and effective way and enjoy your peace of mind about the wellbeing of your valued items.
Most people have a vague belief that sexual harassment only means unwanted sexual contact but that is not always so. Sexual harassment is defined as offensive behavior of a sexual nature and may be physical, verbal or visual. As pointed out on the website of sexual harassment lawyers at Ritter & Associates, the main issue with such behavior is that it targets a specific person because of his or her gender.
Sexual harassment in the workplace is specifically addressed in California under the federal Title VII of the Civil Rights Act and state Fair Employment and Housing Act (FEHA). When it comes to bringing legal action against an employer or a co-worker, FEHA provides stronger protection for employees who are being sexually harassed. The state’s Constitution may also be cited in civil actions because it prohibits sex discrimination in employment.
There are two general types of sexual harassment: quid pro quo and a hostile work environment. Quid pro quo literally translates to “something for something” and quid pro quo sexual harassment refers to employment benefits or conditions tied to sexual favors or relations. For example, a supervisor may offer an employee a promotion or pay raise in exchange for sex. It may also take the form of a threat, in which the employee faces punitive action, such as a demotion or termination, if the sexual advances are rejected. The offer or threat may be implied or expressed, and in such cases a single incident of quid pro quo sexual harassment can support a sexual harassment lawsuit.
On the other hand, allegations of a hostile work environment can only be substantiated when it is pervasive and serious. One or two incidents of hostility are not enough to support a lawsuit; there has to be a pattern of harassment. An employee who may be considered a victim of sexual harassment may feel repeatedly oppressed, intimidated, or abused while at work because of his or her gender. Determining if the work environment is hostile as defined under the law will depend on the case.
If you feel that you are being sexually harassed in the workplace or anywhere else, you should not just meekly endure this behavior. Consult with a personal injury lawyer in your area for a clearer understanding of your rights under the law.
It may turn out that the toothpaste you’re using could be dangerous to your health after all.
Recent studies indicates that triclosan, an antibacterial agent of controversial effectiveness that is among the ingredients of some toothpaste brands as well as hand soaps, could give you cancer as well as disrupt the development of children. As a Massachusetts personal injury lawyer will point out, it is not a new idea.
Back in the late 1970s, health concerns had been raised about using triclosan in hand soaps because it was suspected to be an endocrine disruptor. The Food and Drug Administration (FDA) reviewed the chemical but took no further action until the agency was sued by the Natural Resources Defense Council, a non-government environmental protection watchdog, to finally issue a rule on triclosan.
Back in the 1970s, triclosan was found in a handful of products. But because the FDA did not ban it, it made its way into more and more products, and is now an ingredient found in some toothpaste brands, including Colgate’s Total. Colgate denies that triclosan is harmful, understandably, citing studies showing that there is not enough evidence to declare it as such. However, other manufacturers are heeding the warning signs and phasing out the use of triclosan from their products.
In the case of Colgate, a review of the studies submitted to the FDA for the approval of including triclosan in Total’s formulation indicates that the company had known about the possible deleterious effects of using the chemical, which efficacy is such that safer alternatives may have been used, but did not include a warning label in their products. While it is early days yet, it may very well be the start of legal troubles for the cosmetic products manufacturer.
If you suspect that the consumer products you have used may have harmed you in some way, ask a product liability lawyer about it. You may be right.
If you are stuck with legal issues, it’s important that you have representation. While it can be hard to find a good lawyer, it’s something you must do. Follow the advice in this article to assist you in making the best choices in your legal matters.
Always get a history of the lawyer to look at before you retain him. A lawyer may have his or her own practice, but this does not always equal success. Make sure that you know his record so that you can be confident that he will be able to do his job well. The website of the Abel Law Firm has examples of past successes to help you base your decision.
Before you hire a lawyer, sit down and define the problem that you have. Sometimes, you may find that your situation is not bad enough to warrant a lawyer. Understanding exactly what you are going through can help save you a lot of money over time with a lawyer and court fees.
Try to educate yourself on what you are dealing with. You should not be relying solely on the lawyer to plan and construct your case. Obviously, they will have more knowledge and experience dealing with your situation, but if you are prepared, you can work together as a team to get the win.
Check for your lawyer’s record to see the accomplishments that they have in their field and whether or not there are any issues in the past. The object is to get the best lawyer available in your budget, so do your research to find one that fits the bill. This choice can make a large difference in your life if you are facing a serious issue.
Whatever the details may be, no legal cases are enjoyable. They get bad and get even worse if you have the wrong person representing you though. Hopefully you have found this article to be informative so that you’re able to find a way through your court battle.