Getting Rid of Dangerous Tenants
So how do apartment managers keep out the bad guys – the small number of people that cause 90% of the problems. Here is a recent article documenting the problem in the aftermath of the murder of a young man, Odomie A. Wellington, in an apartment complex in Ohio. Some claim the state eviction laws are slow, cumbersome and expensive. Others ignore the problems or simply don’t want to forego the rent during the eviction and fix-up period after the tenant is evicted. The problem has to be seriously considered by any responsible property manager and handled proactively. No problem will go away without active, strong actions.
Others will ask whether an apartment has an obligation to rent to a felon who has served his or her time and paid their debt to society. I know of no state jurisdiction that “requires” an apartment complex to rent to felons released from prison. This is not a “protected class” of persons that have automatic rights to housing, employment, etc. That may seem harsh, but as they say-these folks made their own bed – now they must sleep in it, but just not at my apartment complex!
I’d be interested in hearing some of the problems or successes in the industry -whether from the tenant’s perspective or the experiences of property managers.
Great Investigative Work to Catch an Abuser!!
Great end to a terrible case of child sexual abuse.
Victim Notification System Everyday – VINE
Great developments in crime victim notification. Read article here.
Sliding Glass Door Security
Sliding glass doors are the most attractive mode of entry for would-be rapists. They are very rarely properly installed and very easily manipulated from the exterior of the building. Unfortunately, we have all seen friends/family who put a stick in the door track in the floor. This is dangerous and unlikely to prevent someone from entering. If you do not have the “stick” precisely measured to prevent any motion at all, the door can be popped open – even an inch – and the door can be easily pulled out of the track. Demand better security from your landlord or if in your home, install a charley bar and a pin-lock system. Best thing to do is to avoid first and even second floor apartments with sliding glass doors. Have a safe 2010.
Drunk Driver Kills Student and Runs-3 Years; Woman Who Threatens Jail Guard – 7 Years; Consistent Justice?
Are these prison sentences consistent with the wrong? First Article – A 50 year old man speeding down the road, drunk, kills a young man, Shawn C. Williams, who was standing on the side of the road. The driver fled the scene and was quickly caught. He pled guilty and received a sentence of 3 years in St. Louis County, Missouri.
In the second article, a woman was convicted right across the river, in Quincy, Illinois, of biting a public official and making threats against that same public official. This woman was sentenced to 7 years. Don’t know which is right, but can the two sentences be reconciled?
Interesting set of articles in the St. Louis Post Dispatch on the lenient punishment doled out in Missouri courts for DWI’s. Michael Bruce Whittaker Avoiding DWI Convictions
Restitution and Overturned Convictions
What happens when a person is tried for a crime, found guilty and ordered to pay the victim restitution for their harm and THEN, the Courts overturn the conviction on appeal? Does the victim have to pay the restitution back? This DOES happen. Here is a case from Maryland discussing that very issue and YES, at least in this case, the restitution had to be paid back. (My belief is that the victim would not be forced to pay it back as a practical matter, and the Gov’t would pay it back). But in the Maryland case, the victim was a corporate entity and I suspect they ended up cutting the check.
Marsy’s Law (California) Seemingly helping Victims
Article. Marsy’s Law is an amendment to California’s Constitution passed by voters on Nov. 4, 2008. It has been recognized as one of the most progressive laws in the Country for victims’ rights. Dr. Henry T. Nicholas was the Co-author and it is named after his sister, who was murdered in 1983.
Here is the text of the Law:
Victims’ Bill of Rights Act of 2008: “Marsy’s Law”
On 11/4/08, by enacting Proposition 9, referred to as the “Victims’ Bill of Rights Act of 2008: Marsy’s Law” the California citizens voted to provide victims of crimes with certain constitutional rights. By enacting Proposition 9, the California Constitution, Article I, Section 28 (b), has been amended and hereby confers the following rights to those who are victims of crime as defined in the constitution
In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights:
To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
To be reasonably protected from the defendant and persons acting on behalf of the defendant.
To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post- conviction release proceedings, and to be present at all such proceedings.
To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post- arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
To restitution.
(A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
(B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
(C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.To the prompt return of property when no longer needed as evidence.To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.To be informed of the rights enumerated in paragraphs (1) through (16)
The above Marsy Rights are to be provided to each crime victim pursuant to Penal Code Section 679.026
Dothan’s Child Advocacy Center in Alabama
Nice Article and Great Organization. Essential services… ESSENTIAL! Without these folks, kids don’t have professional help they need to effectively prosecute the predators or to begin the long road these kids will face coming to grips with what has happened to them. Support this agency if you can. To make a donation, click here. To find your LOCAL victim advocacy center you can support, start HERE.
Priest Abuse Victims Want to Tell Their Stories
Untested Rape Kits Lead to More Crime
Disturbing report about delayed rape kit testing. These programs should get all the funding they can handle.
Here is the Article with links to the various reports.
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