글 목록

프로필

내 사진
서울 서초구 반포대로 14길 30, 센추리 412호. TEL: 010-6350-1799 이메일:jawala.lee@gmail.com. Attorney at Law, Tax, Patent. Lee,Jae Wook is a member of the Korean Bar Association and Illinois Bar Association. Licensed to practice in KOREA and U.S.A., Illinois. Attorney Lee has worked since 1997.3. as a prominent Attorney in the legal service field including tax, law, patent, immigration, transaction across the border. You can find more at http://taxnlaw.co.kr

2013년 8월 26일 월요일

This page discusses AVCV's program requesting that local jurisdictions in Arizona provide crime victims with a free copy of their police report.

This page contains the following information:
Note: the following crimes are all part one crimes, we include the definitions for your information.
    Part I - Violent
        Violent Crime
        Murder
        Robbery
        Forcible Rape 
        Aggravated Assault
    Part I - Property
        Property Crime
        Arson
        Burglary
        Larceny-Theft 
        Vehicle Theft


JurisdictionCurrent Policy
Apache JunctionPart One Crimes
AvondalePart One Crimes
BuckeyePart One Crimes, plus all domestic violence
Casa GrandeAll Crimes
ChandlerAll Crimes plus death reports
DPSAssault, DV or serious injury/death resulting from accident
FlagstaffHomicide, Rape, Robbery, Aggravated Assault and all death reports are provided for free to victims or their family members.
Fountain HillsAll Crimes
GilbertAll Crimes
GlendalePart One Crimes
Lake Havasu CityFormal policy – Part One Crimes, informal policy – all crime victims
MesaAll Crimes
Paradise ValleyPart One Crimes
PaysonPart One Crimes
PeoriaPart One Crimes - must request within one year of offense
PhoenixPart One Crimes
PrescottAll Crimes
Prescott ValleyPart One Crimes
SaffordAll Crimes
ScottsdaleAll Crimes
SedonaHomicide/unattended deaths, sex & agg. Assault, and traffic accidents resulting in serious injury or death.
TempePart One Crimes
TucsonPart One Crimes
YumaPart One Crimes, Plus Domestic Violence with injuries


"Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:

1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.

 7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant."


19. "Victim" means a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.

NOTE: The above definition was modified by the Legislature and Signed into law by the Governor in 2001.  "Spouse, parent, child" has been replaced with "immediate family," which is a legal definition that includes: "spouse, parent, child, sibling or grandparent."



39-121.01. Definitions; copies; printouts or photographs of public records
D. Subject to the provisions of section 39-121.03:

1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours. The custodian of such records shall furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 shall be furnished without charge.

2. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, such person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian thereof and shall be subject to the supervision of such custodian.
 

Uniform Crime Reporting - Definitions
top of page

From "Crime in the United States," 1996 Uniform Crime Reports, U.S. Department of Justice, Federal Bureau of Investigation: "The Uniform Crime Reporting Program is a nationwide, cooperative statistical effort of more than 16,000 city, county and state law enforcement agencies voluntarily reporting data on crimes brought to their attention."

The offenses included are the violent crimes of murder and non-negligent manslaughter, forcible rape, robbery and aggravated assault and the property crimes of burglary, larceny-theft, motor vehicle theft and arson.

Part I - Violent
Violent Crime
Murder
Robbery
Forcible Rape
Aggravated Assault

Part I - Property
Property Crime
Arson
Burglary
Larceny-Theft
Vehicle Theft

Violent Crime
top of page

Violent crime is composed of four offenses: murder and non-negligent manslaughter, forcible rape, robbery and aggravated assault. All violent crimes involve force or threat of force.

Murder and Non negligent Manslaughter
top of page

Murder and non-negligent manslaughter, as defined in the Uniform Crime Reporting Program, is the willful (non-negligent) killing of one human being by another.

Forcible Rape
top of page

Forcible rape, as defined in the program, is the carnal knowledge of a female forcibly and against her will. Assaults or attempts to commit rape by force or threat of force also are included; however, statutory rape (without force) and other sex offenses are excluded.

Robbery
top of page

Robbery is the taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault
top of page

Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Attempts are included, since it is not necessary that an injury result when a gun, knife or other weapon is used, which could and probably would result in serious personal injury if the crime were successfully completed.

Property Crime
top of page

Property crime includes the offenses of burglary, larceny-theft, motor vehicle theft and arson. The object of the theft-type offenses is the taking of money or property, but there is no force or threat of force against the victims. Arson is included, since it involves the destruction of property; its victims may be subjected to force.

Burglary
top of page

The Uniform Crime Reporting Program defines burglary as the unlawful entry of a structure to commit a felony or theft. The use of force to gain entry is not required to classify an offense as burglary. Burglary in this program is categorized into three sub-classifications: forcible entry, unlawful entry where no force is used and attempted forcible entry.

Larceny-Theft
top of page

Larceny-theft is the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another. It's pocket picking, purse snatching, thefts from motor vehicles, thefts of motor vehicle parts and accessories, bicycle thefts, etc., in which no use of force, violence or fraud occurs. In the Uniform Crime Reporting Program, this crime category does not include embezzlement, confidence games, forgery and worthless checks.  Motor vehicle theft also is excluded from this category inasmuch as it is a separate Crime Index offense.

Motor Vehicle Theft
top of page

Defined as the theft or attempted theft of a motor vehicle, this offense category includes the stealing of automobiles, trucks, buses, motorcycles, motor scooters, snowmobiles, etc. The definition excludes the taking of a motor vehicle for temporary use by those persons having lawful access.

Arson
top of page

Arson is defined by the Uniform Crime Reporting Program as any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Only fires determined through investigation to have been willfully or maliciously set are classified as arsons. Fires of suspicious or unknown origins are excluded.



Listed below are a variety of "boiler plate" legal forms.  Please read the disclaimer before using these materials.

Notice of Attorney Representation of Crime Victim.
Notice of Appearance of Neighborhood Association as Community Crime Victims.
Designation of Lawful Representative of Crime Victim.
Request for Notice of Conditions of Release, Pre-trial Notice, Notice of Criminal Proceedings and Notice of Disposition.
Memorandum of Points and Authorities Supporting Requests for Notice of Release, Pre-Trial Notice, Notice of Criminal Proceedings, and Notice of Disposition.
Motion for an Order Requiring the State and the Defendant to Serve the Crime Victim with Copies of Pleadings, Motions, and Documents filed in Court.
Memorandum of Points and Authorities supporting the Motion for an Order Requiring the State and the Defendant to Serve the Crime Victim with Copies of Pleadings, Motions, and Documents filed in Court.
Notice of Refusal of Interview of Crime Victim by Defendant.
Memorandum of Points and Authorities Supporting the Victim’s Refusal to be Interviewed by the Defendant.
Motion to Allow Presence of Support Person for the Crime Victim in Grand Jury.
Memorandum of Points and Authorities in Support of the Motion to Allow Presence of Support Person for the Crime Victim in Grand Jury.
Motion for Speedy Trial/Acceleration of Trial Date.
Memorandum of Points and Authorities in Support of Motion for Speedy Trial/Acceleration of the Trial Date.
Motion to Appear Amicus Curiae.
Notice of Assertion of Right to Privacy and Request For In Camera Hearing.
Memorandum of Points and Authorities Concerning Right to Privacy and Request for In Camera Hearing.
Motion in Opposition to Filming Crime Victim Testimony.
Memorandum of Points and Authorities Supporting Motion in Opposition to Filming Crime Victim Testimony.
Motion to Exclude Spectators, Except for the Press and Support Persons, During Victim Testimony.
Memorandum in Support of Motion to Exclude Spectators, Except for the Press and Support Persons, During Victim Testimony.
Request to Confer with the Prosecution Regarding Disposition and Trial.
Memorandum of Points and Authorities Supporting Request to Confer with Prosecution Regarding Disposition and Trial.
Motion to Allow Support Person for Victim During Trial Testimony.
Memorandum of Points and Authorities in Support of Motion to Allow Support Person for Victim During Trial Testimony.
Motion for Crime Victim to Sit at Counsel Table to Assist Prosecution.
Memorandum of Points and Authority in Support of Motion for Crime Victim to Sit at Counsel Table to Assist Prosecution.
Motion for Crime Victim's Counsel to Assist Prosecution in Hearings and Trial.
Memorandum of Points and Authorities in Support of Motion for Crime Victim’s Counsel to Assist Prosecution in Hearings and Trial.
Notice of Assertion of Right to Participate in Restitution Hearing.
Motion for Return of Victim Property in Possession of <Possessor of Property> .
Request for Court to Exercise its Rule 39(f) Authority (to enforce victim notice requirements).
Motion for an Order Requiring Law Enforcement Agency to Notify the Crime Victim of his Rights.
Memorandum of Points and Authorities in Support of Motion for Order Requiring Law Enforcement Agency to Notify Crime Victim of Rights.
Notice of Intent of Crime Victim to be Present and Heard and Notice for Pre-Trial Order Allowing the Victim to be Present and Heard at <Event>.
Memorandum of Points and Authorities in Support of Motion for Pretrial Order Allowing the Victim to be Present and Heard at <Event>.
Petition for Special Action (Crime Victim Denied Rights), and Memorandum of Points and Authorities Supporting Petition for Special Action.
Request for Interlocutory Stay Pending Special Action.
Memorandum of Points and Authorities in Support of Request for Interlocutory Stay Pending Special Action.
Form letter "A" (requesting DA to enforce victim rights)
Form letter "B" (post-conviction notice).

These materials are designed to help attorneys acting in a pro bono capacity on behalf of crime victims who seek to assist or protect their rights on expressed cases.  Although the materials are carefully reviewed, and significant editorial enhancements have been provided by knowledgeable editors, in dealing with specific legal matters, attorneys should research and review original sources of authority.

Neither Arizona Voice for Crime Victims, nor the Crime Victim Law Institute, make either express or implied warranties regarding the use of these materials. Each attorney must depend on his or her own research, knowledge of the law, and expertise in using or modifying these materials.

Drafting forms for court is essentially rendering legal advice.  No handbook can assume that responsibility, and this handbook does not assume such responsibility.  It is intended to serve only as a guide for the practitioner, and assist in keeping the costs of representation low – an essential ingredient for the success and longevity of any pro bono effort.  The responsibility of preparing the forms and all other documents that are to be submitted to courts ultimately remain, and entirely rest with, the individual practitioner.

The forms in this binder are suggestions only.  They have been carefully checked for conformity with the law as of the date of publication. Still, the facts of every case will necessarily require a variation or multiple variations from the forms presented in the binder.

이 블로그 검색