<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>CriminalDefenseHome.com - Criminal Defense Blog</title>
	<atom:link href="http://www.criminaldefensehome.com/Criminal-Law-blog/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.criminaldefensehome.com/Criminal-Law-blog</link>
	<description>Criminal Defense Blog</description>
	<lastBuildDate>Fri, 18 May 2012 13:00:37 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.2.1</generator>
		<item>
		<title>Criminal Intent</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/18/criminal-intent/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/18/criminal-intent/#comments</comments>
		<pubDate>Fri, 18 May 2012 13:00:37 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[criminal intent]]></category>
		<category><![CDATA[liable]]></category>
		<category><![CDATA[motive]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=977</guid>
		<description><![CDATA[One of the key components of a crime and criminal law in general that is often overlooked by the general public is that of motive.  After all, if you are considering a crime such as murder and the evidence in your mind proves beyond a reasonable doubt that the defendant committed the crime, what difference [...]]]></description>
			<content:encoded><![CDATA[<p>One of the key components of a crime and <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Law">criminal law</a> in general that is often overlooked by the general public is that of motive.  After all, if you are considering a crime such as murder and the evidence in your mind proves beyond a reasonable doubt that the defendant committed the crime, what difference does the motive make?</p>
<p>The answer is that a person’s motives for his actions is an important factor in determining if there was criminal intent for what happened and therefore the charges and punishment that should be handed to the defendant, if any.</p>
<p>For example, picture that a forest fire starts that results in the destruction of hundreds of homes and the death of several individuals.  If the forest fire was the result of a campfire that simply got out of control, the person who was responsible for the campfire may be responsible for civil liability related to the property destruction and the deaths.  However, if the forest fire was the result of someone who set the fire on purpose, the person will likely be charged with some level of homicide.</p>
<p><strong>Levels of Intent</strong></p>
<p>As you can see from the example above, the criminal intent or motive is key in determining if a crime occurred, even though the outcome of the actions—destroyed homes and lost lives—was the same.  There are at least three levels of intent that are considered in determining if a crime has occurred and what crime that may be.</p>
<p><em>Negligence</em></p>
<p>In the first scenario in the example above, the person was merely negligent or careless with the campfire he had set.  Therefore, he may face only civil liability for his actions.</p>
<p><em>Criminal Negligence</em></p>
<p>Criminal negligence is a step above normal negligence, which is negligence where a reasonable person should have known that the actions are unwise.  In the example above, if the forest fire was the result of a campfire, but there were extremely windy and dry conditions that meant a burn ban was in effect for the area, then the setting of the campfire may result in the person being found criminally negligent.</p>
<p><em>Intentional Action</em></p>
<p>In the second scenario in the example above, the person set the fire on purpose.  He knew that what he was doing was wrong yet he continued with the actions nevertheless.  As a result, he will be full culpable of any criminal charges that may be appropriate.</p>
<p><strong>Other Factors</strong></p>
<p>In addition, there may be other factors that are considered in determining if a person should be charged with a crime:</p>
<ul>
<li>Some crimes fall under what is known as strict liability, which means that a person is guilty of a crime if they carried out certain actions regardless of the criminal intent or motive.</li>
<li>If a person commits a crime that is the result of a mistake in fact, the person may not be held criminally liable.  Carrying out the example above with the forest fire, if the person knew there was a burn ban for one county but had legitimate evidence that led them to believe they were in a different county where the burn ban was not in effect, that person may not be held liable.</li>
</ul>
<p><strong>Legal Assistance</strong></p>
<p>If you have questions about if your actions constitute a crime or if they demonstrate criminal intent, or you have been charged with a crime, you should speak with a <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorney">criminal defense attorney</a> who is familiar with the laws of your state, can determine what legal issues you need to consider, and can provide you a sound defense under the law.</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/09/alcohol-related-crimes-part-3-%e2%80%93-open-container-laws/">Alcohol Related Crimes, Part 3 &#8211; Open Container Laws</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/23/probable-cause/">Probable Cause</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/01/solicitation-to-commit-a-crime/">Solicitation to Commit a Crime</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/02/27/concealed-carry-and-crime/">Concealed Carry and Crime</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/15/disturbing-the-peace/">Disturbing the Peace</a> (criminaldefensehome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=332ae8e2-896a-4f14-b135-1c8f959e5c0a" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/18/criminal-intent/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Child Abuse: False Accusations and Defenses</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/14/child-abuse-false-accusations-and-defenses/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/14/child-abuse-false-accusations-and-defenses/#comments</comments>
		<pubDate>Mon, 14 May 2012 13:00:20 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[child abuse]]></category>
		<category><![CDATA[defense]]></category>
		<category><![CDATA[false]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=950</guid>
		<description><![CDATA[If you ever find yourself in a position where you are accused of child abuse, you are in a very non-enviable position.  The public perception of abuse against children has such a strong negative stigma that, even if the allegations are not true, you can be tried and found guilty by the media and in [...]]]></description>
			<content:encoded><![CDATA[<p>If you ever find yourself in a position where you are accused of child abuse, you are in a very non-enviable position.  The public perception of abuse against children has such a strong negative stigma that, even if the allegations are not true, you can be tried and found guilty by the media and in the court of public opinion even before formal <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Law">criminal charges</a> are levied against you.</p>
<p>Even so, you must mount a strong defense against such charges.  There are defenses against false child abuse accusations that an attorney can help you establish once he understands the facts of your situation.  Following are some of the common circumstances that can result in false child abuse accusations being levied against someone and ways to legitimately explain those circumstances.</p>
<p><strong>Accidental Injury</strong></p>
<p>If a child is injured as the result of an accident, state laws related to child abuse generally will not punish the parents or caregivers.  An example of an accident is injuries from a trampoline where a collision between the child and parent results in an injury to the child or in the child leaving the confines of the trampoline and landing on the ground.</p>
<p>If a child is injured because of an accident stemming from carelessness or negligence of the parent, then there is an increased chance the authorities will file criminal charges against the parent.  An example of an accident resulting from parental negligence is when a child shoots himself with a firearm that was not properly locked up by the parent.</p>
<p>Claims of an injury being accidental may be more difficult if a child has a series of “accidents” that require multiple visits to the emergency room.  As people in positions where they can observe possible child abuse evidence, such as doctors, nurses, teachers, and police officers, are required to report such information to Child Protective Services (CPS), multiple appearances in the emergency room may be viewed with suspicion.</p>
<p><strong>Discipline</strong></p>
<p>Parents have the right to discipline their children, but there is an increasingly fine line between what is considered acceptable discipline and what is considered child abuse.  Spanking a child, for example, has historically been an acceptable form of discipline.</p>
<p>However, there are some organizations that believe that any physical contact between the parent and the child as a punishment is unhealthy for the child and can result in long-term emotional or mental issues.  Certainly if the spanking is performed in such a manner or with an implement that causes injury beyond perhaps minor bruising, it may well cross the line into child abuse.</p>
<p><strong>Testimony of Children or Partners</strong></p>
<p>It is not unusual for a child or a person’s spouse to level false accusations of child abuse against someone.  This can be, for example, because the parents are going through a divorce and the child believes that such allegations will return attention in the situation back to them, or because one of the spouses believes such allegations will improve their chances of obtaining custody of the child.</p>
<p>However, it is difficult to fabricate physical evidence that will align with such allegations.</p>
<p><strong>Religious Beliefs</strong></p>
<p>Some religions do not believe in or permit the use of modern medicine.  Therefore, there are times when children may contract readily treatable illnesses or diseases that result in the death of the child.  Parents are generally not prosecuted if such treatment is withheld from a child as the result of religious beliefs.</p>
<p><strong>Legal Defense</strong></p>
<p>As noted above, child abuse accusations can be a serious matter.  But if such allegations are false, there are reasonable and legitimate defenses that can be used against such accusations.</p>
<p>However, given the serious nature of child abuse charges, you should not defend yourself against such allegations alone.  Hire a <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorney">criminal defense attorney</a> who is experienced with such charges, as they will have an understanding of child abuse laws in your state and will be able to readily apply those laws to your situation to provide the best defense available.</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/04/abandonment-issues-with-children/">Abandonment Issues with Children</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.disabilitybenefitshome.com/disability-benefits-blog/2012/05/juvenile-diabetes-and-getting-social-security-disability-benefits/">Juvenile Diabetes and Getting Social Security Disability Benefits</a> (disabilitybenefitshome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.duiattorneyhome.com/dui-blog/2012/05/03/texas-dui-and-expungement/">Texas DUI and Expungement</a> (duiattorneyhome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=46bdebf3-53bd-44db-9805-f772f3ec181b" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/14/child-abuse-false-accusations-and-defenses/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Kidnapper-Killer Mayes Dead, Girls Found Safe</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/11/kidnapper-killer-mayes-dead-girls-found-safe/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/11/kidnapper-killer-mayes-dead-girls-found-safe/#comments</comments>
		<pubDate>Fri, 11 May 2012 11:23:03 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal News]]></category>
		<category><![CDATA[Bain]]></category>
		<category><![CDATA[Law Enforcement]]></category>
		<category><![CDATA[Mayes]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=973</guid>
		<description><![CDATA[The manhunt is over for a suspected kidnapper of two young Tennessee girls. On Thursday, law enforcement officials closed in on Adam Mayes, 35, near the town of New Albany, Mississippi, a town approximately 25 miles west of Mayes’ home in Guntown, Mississippi.  As the SWAT team move in to capture Mayes in a wooded [...]]]></description>
			<content:encoded><![CDATA[<p>The manhunt is over for a suspected kidnapper of two young Tennessee girls.</p>
<p>On Thursday, law enforcement officials closed in on Adam Mayes, 35, near the town of New Albany, Mississippi, a town approximately 25 miles west of Mayes’ home in Guntown, Mississippi.  As the SWAT team move in to capture Mayes in a wooded area, he shot himself.  Although Mayes was alive when taken into police custody, he was in critical condition from the self-inflicted gunshot wound.  Mayes later died from his injuries.</p>
<p>The two young girls that Mayes was suspected of kidnapping, Alexandria Bain, 12, and Kyliyah Bain, 8, were taken to a local hospital for observation.</p>
<p>&#8220;The girls were found alive and appear to be unharmed,&#8221; FBI agent Daniel McMullen told reporters on Thursday.  &#8220;Officers also apprehended top-10 fugitive Adam Mayes.  Preliminary reports indicate Mayes shot himself in the head and was later pronounced dead in an area hospital.&#8221;</p>
<p>Mayes had been charged with first-degree murder related to killing Alexandria’s and Kyliyah’s older sister, Adrienne Bain, 14, and the girls’ mother, Jo Ann Bain, 31.  The murders apparently occurred on April 27 in the garage of the Bain’s home in Whiteville, Tennessee.  The bodies of Adrienne and Jo Ann were found one week later buried outside of the home of Adam Mayes after Jo Ann’s husband, Gary Bain, reported to law enforcement that his family was missing.</p>
<p>Law enforcement located Mayes based on a tip after the FBI placed Mayes on the Ten Most Wanted List and the reward for information leading to the capture of Mayes grew to over $100,000.</p>
<p>Adam Mayes wife, Teresa Mayes, is being held in connection with the kidnapping and murder.  Teresa admitted to being present and witnessing when her husband killed Adrienne and Jo Ann.  Teresa then drove the bodies, her husband, and the youngest two Bain girls to the Mayes’ home in Guntown.  Teresa is charged with two counts of first-degree murder and four counts of aggravated kidnapping.</p>
<p>The motive for the kidnapping and murder are unknown, but it is believed that Mayes thought the two young girls were his daughters.</p>
<p>Josie Tate, the mother of Mayes’ wife Teresa, told reporters that Adam and Teresa fought often about whether the children were actually Adam’s.  &#8220;The reasons they were arguing so much was because there were two little girls that he was absolutely obsessed with.  He was claiming those two children were his.”</p>
<p>Neighbors of the Bain family confirmed that Mayes was a close friend but that he made no secret of his belief that the youngest two Bain children here his.  One neighbor, Andrea Miller, stated, “He made us all think that was his kids.”</p>
<p>The incident began when Mayes was spending the night with the Bain’s family, as he was helping them pack for a move to Tucson, Arizona, where the two oldest Bain children had previously attended school between 2004 and 2009.</p>
<p>Before his capture, Mayes was last seen on April 30 at a grocery store in Guntown.  Law enforcement officials believed Mayes had changed his appearance as well as the appearance of the girls.</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/08/bain-family-mother-and-daughter-found-in-alleged-abduction-case/">Bain Family Mother and Daughter Found in Alleged Abduction Case</a> (criminaldefensehome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=35208a42-0cf9-430c-a565-518421798f3a" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/11/kidnapper-killer-mayes-dead-girls-found-safe/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Search for Mayes Continues, Alleged Kidnapper, Murderer</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/10/search-for-mayes-continues-alleged-kidnapper-murderer/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/10/search-for-mayes-continues-alleged-kidnapper-murderer/#comments</comments>
		<pubDate>Thu, 10 May 2012 12:26:57 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal News]]></category>
		<category><![CDATA[Bain]]></category>
		<category><![CDATA[Law Enforcement]]></category>
		<category><![CDATA[Mayes]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=963</guid>
		<description><![CDATA[Additional information has been made public about Adam Mayes and the possible motive as to why he has possibly kidnapped two Tennessee girls and murdered the girls’ mother and sister. In an interview with The Associated Press, Josie Tate, who is the mother-in-law of Adam Mayes, said that he believed the girls were his daughters.  [...]]]></description>
			<content:encoded><![CDATA[<p>Additional information has been made public about Adam Mayes and the possible motive as to why he has possibly kidnapped two Tennessee girls and murdered the girls’ mother and sister.</p>
<p>In an interview with The Associated Press, Josie Tate, who is the mother-in-law of Adam Mayes, said that he believed the girls were his daughters.  Josie Tate indicated she was made aware of this belief by her son-in-law because it caused strife in the marriage between Adam Mayes and Josie Tate’s daughter, Teresa Mayes.</p>
<p>According to Tate, &#8220;[Teresa] was tired of [Adam] doting on those two little girls that he claimed were his.”</p>
<p>Another daughter of Josie Tate, Bobbi Booth, indicated that her sister Teresa Mayes believed her husband was having an affair with Jo Ann Bain.</p>
<p>Teresa Mayes is in jail after she and Adam Mayes were charged on Wednesday with six felony counts related to the first-degree murder of Jo Ann Bain, 31, and her oldest daughter, Adrienne, 14 and the kidnapping of all four family members.  The two murder victims were found near the Mayes’ home in Guntown, Mississippi.  Law enforcement is still searching for Adam Mayes, who is still believed to have Jo An Bain’s other two daughters, Alexandria, 12, and Kyliyah, 8.</p>
<p>The FBI indicated in a press conference on Wednesday that they had turned up the pressure on Adam Mayes by placing him on the FBI’s Ten Most Wanted List and that the reward for information leading to the arrest of Mayes was now over $100,000.</p>
<p>&#8220;We believe Mayes could be anywhere in the United States, and we are extremely concerned for the safety of the girls,” said FBI Special Agent Aaron Ford.  “Turn the girls in, and then peaceably and safely turn yourself in to law enforcement,” Ford said, directing his comments to Mayes.</p>
<p>Law enforcement believes that may be armed and dangerous.  Law enforcement has also issued descriptions of the Bain children.  Alexandria is 5 feet tall, weighs approximately 105 pounds, and has brown hair and hazel eyes.  Kyliyah is 4 feet tall, weighs approximately 57 pounds, and has blonde hair and brown eyes.</p>
<p>Teresa Mayes told law enforcement that her husband Adam had killed Jo Ann Bain and her daughter Adrienne in the garage of the Bain’s home in Whiteville, Tennessee, on April 27.  She then drove her husband, the two younger daughters, and the bodies to the Mayes’ home, where the bodies were buried in the backyard.</p>
<p>Jo Ann’s husband Gary Bain reported that her wife and daughters were missing the following day.  The two bodies were discovered approximately one week later at the Mayes’ home.</p>
<p>Those who knew Adam Mayes have indicated that he was close to the Bain family and that the Bain’s daughters considered him to be an uncle.  Teresa Mayes’ mother Josie also expressed her long-term concern about Adam Mayes.</p>
<p>&#8220;Teresa&#8217;s father and I begged her: `Do not marry him, do not go off with him, do not live with him,&#8221;&#8216; said Josie.  Josie also indicated she did not like Mayes from the time she first met him over 25 years ago, because Mayes’ family did not remain in one place very long and Adam Mayes was unable to hold down a job.</p>
<p>Josie described her daughter as being slow to learn and unable to have children of her own.  She also believes that Adam Mayes must have threatened her daughter and forced her to help with concealing the murder and the kidnapping.</p>
<p>&#8220;The feelings I have for Adam are as close to hate as I&#8217;ll ever come because he&#8217;s destroyed not only the Bain family but he&#8217;s destroyed my family too.”</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/08/bain-family-mother-and-daughter-found-in-alleged-abduction-case/">Bain Family Mother and Daughter Found in Alleged Abduction Case</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.duiattorneyhome.com/dui-blog/2012/05/09/dui-matthew-fox-arrested-in-oregon/">DUI &#8211; Matthew Fox arrested in Oregon</a> (duiattorneyhome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=aa407933-41e0-4d24-be41-96056817c8cb" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/10/search-for-mayes-continues-alleged-kidnapper-murderer/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Bain Family Mother and Daughter Found in Alleged Abduction Case</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/08/bain-family-mother-and-daughter-found-in-alleged-abduction-case/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/08/bain-family-mother-and-daughter-found-in-alleged-abduction-case/#comments</comments>
		<pubDate>Tue, 08 May 2012 11:39:54 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal News]]></category>
		<category><![CDATA[abduction]]></category>
		<category><![CDATA[Bain]]></category>
		<category><![CDATA[Mayes]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=953</guid>
		<description><![CDATA[The search is over for two of the four victims in an alleged abduction case that started in Tennessee.  On Monday, law enforcement officials found two bodies behind a home in Guntown, Mississippi.  Authorities identified the bodies as those of Jo An Bain and her oldest daughter, 14-year-old Adrienne Bain.  Guntown, where the bodies were [...]]]></description>
			<content:encoded><![CDATA[<p>The search is over for two of the four victims in an alleged abduction case that started in Tennessee.  On Monday, law enforcement officials found two bodies behind a home in Guntown, Mississippi.  Authorities identified the bodies as those of Jo An Bain and her oldest daughter, 14-year-old Adrienne Bain.  Guntown, where the bodies were found, is approximately a 90-mile drive south of the Bain’s home near Whiteville, Tennessee.</p>
<p>The home where authorities found the bodies is that of the primary suspect in the alleged abduction, Adam Mayes.  Mayes is believed to still have two other daughters of Jo An Bain, 12-year-old Alexandria and 8-year-old Kyliyah.  Authorities are unsure at this point whether the daughters are alive, but a statement from The Mississippi Department of Safety indicated “the children may be in extreme danger” given the finding of the bodies of Jo An and Adrienne.</p>
<p>Jo An Bain and her daughters were last seen in Whiteville, where they were packing in preparation for a move to Arizona.  As late as April 26, Jo An Bain posted a message on Facebook, although authorities have not released whether they have information on where Jo An Bain posted that message from.</p>
<p>The Bain family was well known in and around the Whiteville area.  Whiteville is a relatively small town of between 4,000 and 5,000 people located about 60 miles east of Memphis.</p>
<p>Authorities have indicted Mayes had various ties to the Bain family.  Mayes had been a friend of Jo An Bain’s husband, Gary, and Mayes had been at the Bain’s home possibly as late as the night before Jo An Bain and her daughters disappeared.  Gary Bain indicated that Adam Mayes was staying with the Bain family overnight to help the family pack for the planned move.</p>
<p>When Bain awoke the next morning, Adam Mayes and the rest of Bain’s family were gone.  Bain became concerned and alerted authorities when his daughters did not come home from school and he was unable to reach his wife by cell phone.</p>
<p>Mayes was last seen near his home in Guntown approximately one week ago.  Friends and neighbors of Mayes have indicated they had no reason to believe Mayes was capable of the abduction and killing, as he was always willing to lend a hand when help was needed and he was close the Bain family and their children.</p>
<p>Gerald Long was a former neighbor of Mayes, who lived across the street from Mayes for about a year with his wife Teresa.  Long described Mayes as a “sociable person” and that “he didn’t seem violent or anything,” but Long would not go into details about the relationship Adam Mayes had with his wife Teresa</p>
<p>Authorities interviewed Mayes shortly after they began the investigation into the disappeared of Jo An Bain and her children.  However, Mayes disappeared when authorities sought to speak with Mayes a second time.</p>
<p>The FBI has indicated that Mayes could still be in Mississippi, but he has family and friends in states in both the southwest and southeast, including Arizona, Texas, Florida, and both North Carolina and South Carolina.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/08/bain-family-mother-and-daughter-found-in-alleged-abduction-case/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Sheriff Joe Arpaio: A Profile</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/07/sheriff-joe-arpaio-a-profile/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/07/sheriff-joe-arpaio-a-profile/#comments</comments>
		<pubDate>Mon, 07 May 2012 13:00:56 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal News]]></category>
		<category><![CDATA[Arizona]]></category>
		<category><![CDATA[Arpaio]]></category>
		<category><![CDATA[Sheriff]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=947</guid>
		<description><![CDATA[After 30 years, Joe Arpaio is still carrying out law enforcement in an unusual but arguably effective manner.  If you do not know who Joe Arpaio is, read on to learn a bit about who he is and his interesting approach to deterring crime. Background Joe Arpaio is the sheriff Maricopa County, which is located [...]]]></description>
			<content:encoded><![CDATA[<p>After 30 years, Joe Arpaio is still carrying out law enforcement in an unusual but arguably effective manner.  If you do not know who Joe Arpaio is, read on to learn a bit about who he is and his interesting approach to deterring crime.</p>
<p><strong>Background</strong></p>
<p>Joe Arpaio is the sheriff Maricopa County, which is located in south central Arizona.  He has held this position since being elected in 1992.</p>
<p>As sheriff, he is responsible for carrying out law enforcement in the entire county, which includes running the Maricopa County Sheriff’s Office and county jail, providing security over court proceedings and during movement of prisoners, and serving warrants.</p>
<p>Arpaio calls himself “America’s Toughest Sheriff.”  This name seems to fit him well, given his unusual and no-nonsense approach to law enforcement.  Although Sheriff Arpaio has been re-elected five times, his tenure as sheriff has not been without controversy.</p>
<p><strong>Law Enforcement Approach</strong></p>
<p>Sheriff Arpaio’s unusual approach to <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Law">law enforcement</a> and <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Procedure">criminal procedure</a> include the following.</p>
<p><em>Tent City</em></p>
<p>Rather than constructing additional jail cells, Sheriff Arpaio has created “Tent City.”  Tent City consists of a permanent structure used to serve meals and for showers and toilets, but inmates live and sleep in a series of tents.  This includes both inmates serving short-term jail sentences and awaiting trial to determine if they are guilty.</p>
<p>Tent City was designed to house inmates at minimal expense while providing them basic food and shelter, but it has been criticized in part because of the soaring summer temperatures in Arizona.</p>
<p><em>Chain Gangs</em></p>
<p>Sheriff Arpaio has implemented chain gangs on a volunteer basis to provide a labor force and earn credit toward a high school diploma.</p>
<p><em>Posse</em></p>
<p>The sheriff has created an all-volunteer posses by recruiting citizens of Maricopa County, to supplement the Maricopa County Sheriff’s Office’s paid force.  The posse may assist the Sheriff’s Office in any or all of the following:</p>
<ul>
<li>Performing search and rescue</li>
<li>Carrying out administrative duties around the Sheriff’s Office</li>
<li>Performing traffic control</li>
<li>Transporting prisoners</li>
<li>Providing additional security in malls and shopping centers during the holidays</li>
<li>Assisting in apprehending parents who have outstanding warrants for failing to pay child support</li>
<li>Apprehending illegal immigrants</li>
</ul>
<p><strong>Criminal Accusations</strong></p>
<p>Sheriff Arpaio is not without his enemies.  Through the three decades he has served as sheriff, various charges of illegal activities have been levied against him, including but not limited to the following.</p>
<p><em>Racial Profiling</em></p>
<p>The United States Justice Department completed a three-year investigation of Sheriff Arpaio ending in late 2011, which found that the Sheriff’s Office has “a pervasive culture of discriminatory bias against Latinos.”  As a result, the Justice Department took away the Sheriff’s Office’s power to apprehend illegal immigrants.</p>
<p><em>Improper Jail Conditions</em></p>
<p>Judge Neil V. Wake has ruled on two occasions that conditions in the Maricopa County Jail violate the rights of inmates as granted by the Constitution, including not providing sufficient medical care, providing holding cells that were so hot as to endanger the health of the inmates, or providing food that met basic dietary requirements for proper health.</p>
<p><em>Improper Use of Funds</em></p>
<p>Reviews of the Maricopa County budgets and spending have identified that hundreds of millions of dollars were spent to pay for law-enforcement activities different than what the funds were originally earmarked for or for activities that were not deemed appropriate or necessary for carrying out law enforcement duties.</p>
<p>&nbsp;</p>
<p>While not without controversy, Sheriff Arpaio’s approach to law enforcement presents an interesting perspective on what rights those who are incarcerated for a crime still have.</p>
<p>&nbsp;</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.duiattorneyhome.com/dui-blog/2012/05/03/texas-dui-and-expungement/">Texas DUI and Expungement</a> (duiattorneyhome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/04/abandonment-issues-with-children/">Abandonment Issues with Children</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.duiattorneyhome.com/dui-blog/2012/05/04/dui-and-the-military/">DUI and the Military</a> (duiattorneyhome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=6902c479-e94d-4127-a35e-c621551ed34d" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/07/sheriff-joe-arpaio-a-profile/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Abandonment Issues with Children</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/04/abandonment-issues-with-children/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/04/abandonment-issues-with-children/#comments</comments>
		<pubDate>Fri, 04 May 2012 13:00:15 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[abandonment issues]]></category>
		<category><![CDATA[child abandonment]]></category>
		<category><![CDATA[child abuse]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=944</guid>
		<description><![CDATA[When it comes to criminal law as it relates to children, authorities take such crimes quite seriously because children are so dependent on their parents or other caregivers.  Two common crimes committed against child are child abuse and child abandonment.  In a manner of speaking, child abuse and child abandonment issues are polar opposites. Child [...]]]></description>
			<content:encoded><![CDATA[<p>When it comes to <a href="http://www.criminaldefensehome.com/">criminal law</a> as it relates to children, authorities take such crimes quite seriously because children are so dependent on their parents or other caregivers.  Two common crimes committed against child are child abuse and child abandonment.  In a manner of speaking, child abuse and child abandonment issues are polar opposites.</p>
<p>Child abuse occurs when a parent or other caregiver physically, emotionally, or sexually abuses a child, in effect given too much of the wrong kind of contact to a child.  Child abandonment happens when a parent or caregiver does not give enough of the right kind of attention to a child to meet their basic needs.</p>
<p>Read on to learn more about what constitutes child abandonment and common punishments for this crime.</p>
<p><strong>What is considered child abandonment?</strong></p>
<p>Child abandonment is generally when someone leaves a child who is in their care somewhere without proper physical care for a set period of time.  Physical care includes providing for a child’s basic physical needs, including food, shelter, and clothing.  In extreme cases, child abandonment may include a failure on the part of a caregiver to meet the emotional needs of the child.</p>
<p>Each state has the power to pass laws defining what behavior the state considers child abandonment issues.  Depending on the state, there may be a fine line or in fact no line between what is considered child abandonment and child abuse.  While the definitions of what constitutes child abandonment therefore vary from state to state, following are some examples of what states generally consider to be child abandonment:</p>
<ul>
<li>Leaving a child with someone else, whether it is a family member, a friend, or a stranger, without providing for the care of the child for an extended period of time</li>
<li>Leaving a child in a public place</li>
<li>Leaving a child at home for an extended period of time</li>
<li>Choosing not to provide for the basic physical and emotional needs of a child</li>
</ul>
<p>Likewise, some states have laws that permit a parent or caregiver of a child to leave a child somewhere where others can give proper care to the child, such as a police or fire station, a hospital, or a church.  These laws, sometimes referred to as safe haven laws, may permit a parent or caregiver to leave a child when the person is not capable of meeting the basic physical needs of the child.</p>
<p><strong>What are the punishments for child abandonment?</strong></p>
<p>Depending on the circumstances, child abandonment issues can result in misdemeanor or felony charges.  Punishment can include fines, loss of custody of the child, visitation with the child only under supervision, and jail time.</p>
<p><strong>When should I speak with a criminal defense attorney?</strong></p>
<p>The information above is general in nature and should not be considered legal advice.  But if you are facing abandonment issues, either because you are considering leaving your child somewhere because you believe you can no longer provide for their basic needs or you have already done so, you should speak with a <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorney">criminal defense attorney</a>.  A criminal defense attorney can not only advise you of the repercussions to you related to child abandonment and possible child abuse and if your state has safe haven laws, but more importantly, a criminal defense attorney can likely help you identify places that can care for your child if you no longer can.</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.divorceattorneyhome.com/divorceblog/2012/04/grounds-for-divorce-california/">Grounds for Divorce: California</a> (divorceattorneyhome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/29/statutory-rape-what-you-need-to-know/">Statutory Rape: What You Need to Know</a> (criminaldefensehome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=443b1ccf-b8d5-4bae-8625-f1fe2cbffab1" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/04/abandonment-issues-with-children/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Solicitation to Commit a Crime</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/01/solicitation-to-commit-a-crime/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/01/solicitation-to-commit-a-crime/#comments</comments>
		<pubDate>Tue, 01 May 2012 13:00:49 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[prostitution]]></category>
		<category><![CDATA[solicitation]]></category>
		<category><![CDATA[soliciting]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=941</guid>
		<description><![CDATA[Solicitation is a crime that is commonly associated with asking someone else to engage in prostitution, which is offering to commit sexual acts in exchange for money.  But the crime of solicitation actually has a much broader meaning in criminal law than just that of prostitution.  Read on to understand what soliciting someone to commit a [...]]]></description>
			<content:encoded><![CDATA[<p>Solicitation is a crime that is commonly associated with asking someone else to engage in prostitution, which is offering to commit sexual acts in exchange for money.  But the crime of solicitation actually has a much broader meaning in <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Law">criminal law</a> than just that of prostitution.  Read on to understand what soliciting someone to commit a crime really means.</p>
<p><strong>What is Solicitation?</strong></p>
<p>The definition of solicitation is when one person asks or demands that another person help them commit a crime.  For soliciting someone to commit a crime to occur, it generally must contain both of those elements:  asking someone else to commit a crime and planning to or intending to commit that crime with the person.</p>
<p>Laws related to soliciting someone to commit a crime are defined by each state.  Therefore, in some states the person must actually receive the request to commit a crime for the sender of that request to have committed solicitation.  In other states, simply attempting to ask someone to help commit a crime, even if the other person does not receive the request for help, is enough to constitute solicitation.</p>
<p>One element that is common for solicitation regardless of the state where it occurs is that the crime that the person is asking someone else to help commit does not actually have to be committed in order for the crime of solicitation to occur.  For example, if you seek to hire an assassin for murder your spouse and you supply information to the person to help them carry out this crime, you can be charged with solicitation to commit murder even if the murder is never carried out.</p>
<p>While soliciting someone for a crime can relate to a request for help in committing any crime, it is most commonly associated with prostitution.  It is not uncommon for police officers to pose undercover as prostitutes in order to catch people in the act of soliciting them for prostitution.</p>
<p><strong>What are the punishments for solicitation?</strong></p>
<p>The punishment for solicitation varies by state and by the severity of the crime being solicited.  For example, just as the punishment for a felony is generally much greater than that for a misdemeanor, solicitation to commit a felony will be punished more severely than solicitation to commit a misdemeanor.  In addition, the punishment for solicitation will generally increase if the person has committed previous crimes.</p>
<p><strong>What legal defenses do I have against solicitation?</strong></p>
<p>Solicitation generally requires evidence to prove it occurred beyond verbal testimony, as such testimony often results in one person’s word against another person’s word.  Therefore, the most common defense against solicitation in cases where the crime help is being requested for has not been committed is that there was no intent to commit the crime.  Unless the request for help in committing the crime was written or there is other physical evidence a crime was being planned, it may be difficult for the prosecution to prove there was intent to commit a crime.</p>
<p>Another defense against solicitation can be that you informed the other person that you were withdrawing your request for help in committing a crime, but this defense may only work if the crime is not carried out either before or after the time the request is withdrawn.</p>
<p>However, the information above should not be considered legal advice.  If you have been accused of solicitation related to prostitution or any other crime, you should seek counsel from a <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorneyhttp:/www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorney">criminal defense attorney</a>.  Solicitation of a crime that is a felony can have significant consequences.  Therefore, it is not a crime you should try to defend yourself against without professional legal help.</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/29/statutory-rape-what-you-need-to-know/">Statutory Rape: What You Need to Know</a> (criminaldefensehome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.divorceattorneyhome.com/divorceblog/2012/04/grounds-for-divorce-texas/">Grounds for Divorce: Texas</a> (divorceattorneyhome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.duiattorneyhome.com/dui-blog/2012/04/28/taking-ambien-and-charged-with-dui/">Ambien and Charged with DUI</a> (duiattorneyhome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=0c680e61-33db-4aa7-9337-deb694f730af" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/05/01/solicitation-to-commit-a-crime/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Statutory Rape: What You Need to Know</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/29/statutory-rape-what-you-need-to-know/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/29/statutory-rape-what-you-need-to-know/#comments</comments>
		<pubDate>Sun, 29 Apr 2012 13:00:31 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[consent]]></category>
		<category><![CDATA[statutory rape]]></category>
		<category><![CDATA[victim]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=936</guid>
		<description><![CDATA[When compared to rape or what some may call forced rape, many consider statutory rape a unique crime.  Whereas rape is an act where the victim is sexually violated, often in a violent manner against their will, with statutory rape, the victim is a willing participant in the act.  But the act may still result [...]]]></description>
			<content:encoded><![CDATA[<p>When compared to <a href="http://www.criminaldefensehome.com/Criminal-Law/Crimes">rape or what some may call forced rape</a>, many consider statutory rape a unique crime.  Whereas rape is an act where the victim is sexually violated, often in a violent manner against their will, with statutory rape, the victim is a willing participant in the act.  But the act may still result in criminal charges against the perpetrator.  Read on to understand why this is the case and what the consequences may be.</p>
<p><strong>What You Need to Know</strong></p>
<p>Statutory rape generally involves consensual sex or sexual acts between two people.  However, where statutory rape comes into play is when at least one of the people is not technically old enough to grant legal consent to have sex.</p>
<p>Each state has the authority to define laws that outline what constitutes statutory rape.  Therefore, the age when someone is old enough to grant consent to have sex varies from state to state, although the age typically varies from 16 to 18 years old.</p>
<p>If the younger participant is under the age of consent, then even if that person has given the older participant consent to have sex, the older participant can face criminal charges for statutory rape because under the law, the younger participant may not have the maturity to fully understand what they are consenting for.</p>
<p><strong>Punishment</strong></p>
<p>The punishment for statutory rape varies widely, ranging from misdemeanors to felonies.  This is largely because statutory rape is not defined concretely at the federal level but rather is left as noted above for each state to define.  States have laws that punish statutory rape, but they are primarily laws targeted at addressing sexual assault in general, rape, or child molestation.</p>
<p>Therefore, the punishment someone receives for having sex with someone who is under the age of consent may depend on the following factors:</p>
<ul>
<li>The age of the victim</li>
<li>The difference in age between the victim and the perpetrator</li>
<li>If the perpetrator believed or had reason to believe the victim was old enough to give consent</li>
<li>Any existing criminal record of the perpetrator, especially if that criminal record involves other sexual offenses</li>
<li>Involvement of drugs or alcohol that may have affected judgment</li>
</ul>
<p>In general, the younger the victim is and the greater the age difference is between the victim and the perpetrator, especially if the perpetrator is 21 years old or older, the more severe the punishment will be.</p>
<p>Punishment can include but may not be limited to fines, probation, mandatory enrollment in a treatment program for sexual conditions, jail sentences, and registration as a sex offender.</p>
<p><strong>Criminal Defense</strong></p>
<p>As you can read above, statutory rape can be considered a felony and therefore a very serious offense depending on the circumstances.  You should not consider the information above as legal advice.  If you have been accused of statutory rape, you should speak with a <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorneyhttp:/www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorney">criminal defense attorney</a>.  An attorney with experience in defending statutory rape charges can understand the ages of the participants, the applicable laws of the state where the act occurred, prior criminal history, and any other pertinent facts to determine how to best defend against the criminal charges.</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.divorceattorneyhome.com/divorceblog/2012/04/no-fault-divorce-to-end-a-marriage/">No-Fault Divorce to End a Marriage</a> (divorceattorneyhome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=e758e511-0550-4c33-ab5d-598a49ff0d93" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/29/statutory-rape-what-you-need-to-know/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Child Abuse Overview</title>
		<link>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/26/child-abuse-overview/</link>
		<comments>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/26/child-abuse-overview/#comments</comments>
		<pubDate>Thu, 26 Apr 2012 13:00:48 +0000</pubDate>
		<dc:creator>markj</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[child]]></category>
		<category><![CDATA[child abuse]]></category>
		<category><![CDATA[harm]]></category>

		<guid isPermaLink="false">http://www.criminaldefensehome.com/Criminal-Law-blog/?p=932</guid>
		<description><![CDATA[Child abuse is an area of criminal law that refers to various forms of mistreatment carried out against a child by a person who is in a position to normally provide for the care of the child.  This can include a parent, foster parent, teacher, law enforcement official, minister, or any other adult. Definition Every [...]]]></description>
			<content:encoded><![CDATA[<p>Child abuse is an area of <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Law">criminal law</a> that refers to various forms of mistreatment carried out against a child by a person who is in a position to normally provide for the care of the child.  This can include a parent, foster parent, teacher, law enforcement official, minister, or any other adult.</p>
<p><strong>Definition</strong></p>
<p>Every state has laws that define what constitutes child abuse.  In general, child abuse is considered actions against someone who is under the age of 18 that:</p>
<ul>
<li>Cause intentional risk or harm to the child</li>
<li>Are carried out by someone who is responsible for caring for the child</li>
</ul>
<p>Child abuse does not usually consider accidents to be abuse.  For example, if a parent and a child are jumping together on a trampoline and the bouncing of the adult accidentally sends the child off the trampoline and onto the ground where he breaks his arm, such an action would generally not be considered abuse.  Although the child was injured as a result of the incident, the action in this case was accidental rather than intentional.</p>
<p><strong>Types of Abuse</strong></p>
<p>Child abuse can include but may not be limited to the following types of abuse.</p>
<p><em>Physical</em></p>
<p>Physical abuse is any intentional action that causes intentional physical harm to a child.  Physical harm can include but may not be limited to bruises, broken bones, burns, or any other physical injury.  Physical abuse has in some cases been the result of extreme disciplinary actions that the parent may have considered acceptable, such as a recent case where a child was forced to run for an extended period of time, resulting in the death of the child because of complications related to dehydration.</p>
<p><em>Emotional</em></p>
<p>Emotional abuse can result from threatening behavior that does not actually escalate to physical harm but causes the child severe unrest or concern for their care.</p>
<p><em>Sexual</em></p>
<p>Sexual abuse refers to any action of a sexual nature, including but not limited to touching in inappropriate locations, exposing the child to pornography, and actual sexual activities.</p>
<p><em>Neglect</em></p>
<p>Neglect may include aspects of both physical and emotional abuse, as it in general refers to a lack of providing based care to a child.  Neglect can include but may not be limited to a failure to provide for basic medical and dental care or hygiene, not ensuring the child attends school, and not providing for basic nutritional requirements.  Neglect can also be simply leaving a child alone in a location—possibly at home or in a car—when the child is of an age where the child cannot readily take care of himself.</p>
<p><strong>Reporting Requirements and Investigation</strong></p>
<p>The child protection laws of each state generally require that certain caregivers, including teachers, doctors, and other professionals who have the opportunity to observe the physical and emotional well being of a child, to report any indication that abuse may be occurring.  States often have anonymous hotlines that anyone may call to report suspected child abuse.</p>
<p><strong>Legal Assistance</strong></p>
<p>If you have been accused of child abuse or otherwise causing harm to a child, you should seek help from a <a href="http://www.criminaldefensehome.com/Criminal-Law/Criminal-Defense-Attorney">criminal defense attorney</a>.  A criminal defense attorney who specializes in child abuse laws can help you fight such false claims of child abuse and ensure that your children are not taken out of your custody.</p>
<p>&nbsp;</p>
<h6 class="zemanta-related-title" style="font-size: 1em;">Related articles</h6>
<ul class="zemanta-article-ul">
<li class="zemanta-article-ul-li"><a href="http://www.duiattorneyhome.com/dui-blog/2012/04/24/dui-forced-blood-withdrawal/">DUI &#8211; Forced Blood Withdrawal</a> (duiattorneyhome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.divorceattorneyhome.com/divorceblog/2012/04/what-is-an-uncontested-divorce/">What is an Uncontested Divorce?</a> (divorceattorneyhome.com)</li>
<li class="zemanta-article-ul-li"><a href="http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/23/probable-cause/">Probable Cause</a> (criminaldefensehome.com)</li>
</ul>
<div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"><img class="zemanta-pixie-img" style="border: none; float: right;" src="http://img.zemanta.com/pixy.gif?x-id=151df978-5c4c-4d01-a94d-50bfa594e206" alt="" /></div>
]]></content:encoded>
			<wfw:commentRss>http://www.criminaldefensehome.com/Criminal-Law-blog/2012/04/26/child-abuse-overview/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>

