Tuesday, January 8, 2008
Battery on a Peace Officer
The crime of battery occurs with the striking of someone, with intent to harm them. . California Penal Code Section 242 states, "A battery is any willful and unlawful use of force or violence upon the person of another." It is a crime to commit a battery against a peace officer, whether they are on duty or off duty.
A peace officer includes the following classifications:
Sheriff or Deputy Sheriff
Any chief of police
Any police officer
Any marshal or deputy marshal of a municipal court
Members of the CHP whose job it is to enforce the Vehicle Code
The punishment for battery increases when it is committed against a peace officer. In order to qualify, the defendant must have reason to know that the officer is a peace officer, and is engaged in the performance of his duties, such as when they are in uniform or while they are performing in a private capacity as a part-time or casual private security guard or patrolman. Battery against a peace officer is punishable by either a fine of up to $2,000 and/or imprisonment in the county jail for up to one year or a fine up to $10,000 and/or imprisonment in the county jail up to one year or in the state prison for a term of 16 months, 2, or 3 years.
If the battery committed results in serious bodily injury, the battery is punishable by either imprisonment in the county jail up to one year, or in the state prison for 2, 3, or 4 years. Serious bodily injury is defined by following conditions: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, serious disfigurement, plus others deemed to be serious bodily injury on a case-by-case basis.
Defenses
While battery is a crime, there are available defenses, such as self-defense in a case where a police officer is using unlawful excessive force. Self-defense requires a reasonable response to a threat and/or the use of force. The type of reasonable response allowed is that defense which is reasonably necessary to prevent an injury which appears imminent. The standard is that of a reasonable person, in the same or similar circumstances, determining the situation the same way.
The duty to prove that the officer was responding reasonably is up to the prosecutor. Their burden is that of "beyond a reasonable doubt." A jury of one's peers, which is generally made up of a cross-section of the society where the offense took place, are the one's who determine if the prosecutor has proved their case beyond a reasonable doubt. If the jury determines that the prosecutor did not adequately prove their case, they must make a finding of not guilty.
Aunt Betty's Pet Trust
My Aunt Betty's closest companions have always been her cats. Ever since I was a boy, my family never traveled to the Midwest to visit just Betty. It was always Betty and Roscoe or Betty and Fluffy. She's always loved those feline friends and, as age crept up on her, she started to speculate what would become of them upon her eventual demise.
Apparently Betty thought this was a concern of mine as well because over the weekend I received a telephone call to say all was taken care of - a Pet Trust has just been signed.
Doris Duke, the tobacco heiress, was one of the first to set up such a trust when she left $100,000 to Rodeo, her Shar-Pei. Others followed, but courts often frowned on their validity because the trust was not based on a human life.
This changed in 1993 when a number of states starting adopting model legislation drafted by the Uniform Probate Code, which allowed trusts to continue for a pet's lifetime. Arizona, California, Colorado, Hawaii, Missouri, Montana, New Mexico, New York, Nevada, North Carolina, Oregon, Tennessee, Utah and Wisconsin all allow some form of pet trust.
You can have the trust take effect whenever you're unable to care for your pets, usually upon death or disability. Like other trusts, you fund the instrument with enough assets to take care of your pets for their expected lifetime. As a general rule, the amount should not be "excessive." A trustee is appointed to oversee and distribute the assets. A caregiver is also appointed to physically take possession and care for your pets.
If you don't know a trustee or caregiver, check with the local humane society or other animal organization in your area. Many of these organizations have programs set up to assist in this matter.
Pet Trusts do not come without some concerns.
It is important to understand that while trusts can be set up for pets, leaving property to an animal via a will is still not recognized.
If a pet is very young, you might also run across the "rule against perpetuities," which forbids a trust going on forever. This shouldn't be a problem with a 13 year old dog, but what if you die with a 3 year old tortoise? Recently, a tortoise died in India that was estimated to be 255 years old. Adwaitya (the tortoise's name) could have wracked legal havoc with a trust.
Aunt Betty is lucky enough to live in a state that allows trusts but, even if she didn't, some alternative plans are possible. Leaving her pet (and money to take care of it) to an individual willing to love Fluffy is one of them.
As with any kind of estate planning, a competent attorney should be used who has some experience in this area.
If it's important to you that Fido continues on the gravy train even after you've ridden your last train, then a Pet Trust is something to look into.
Now if I could only learn to meow and lick myself clean, maybe Betty would set up a trust for me.
Glenn ("Chip") Dahlke, a senior contributor to the Living Trust Network, has 28 years in the investment business.
He is a Registered Representative of Linsco/Private Ledger and a principal with Dahlke Financial Group. He is licensed to transact securities with persons who are residents of the following states: CA. CT, FL, GA, IL. MA, MD. ME, MI. NC, NH, NJ, NY.OR, PA, RI, VA, VT, WY.
If you have any questions or comments, Chip would love to hear from you. You may contact him at dahlkefinancial@sbcglobal.net You may also contact him at the Living Trust Network. Its web site is http://www.livingtrustnetwork.com
Copyright 2006. Living Trust Network, LLC. All Rights Reserved
How to Copyright a Screenplay (Part 3)
The acquisition of rights agreement should be drawn up to explain the transaction between the writer and yourself. This document is a legal contract that explains the details of the transaction including who wrote the work, who owns it now, what the purchase price was, if the writer retains any control, if the writer is going to continue to be involved with the project or if he has been bought out altogether. It should be drawn up in standard contract form with the title of the document centered at the top of the page, and the text below. In the first paragraph a simple explanation of the transaction and the primary parties involved. Below that the terms of the agreement and a specific statement explaining who owns the rights to the work. Once this has been agreed upon there needs to be an area for both parties to sign and date the contract. A signed copy of the contract should be given to both parties for their records and an original signed copy will have to go along with the work to the copyright office. Once you have this contract signed and receive your notice back from the copyright office with the copyright number on it you now have the copyright for the work.
After you have completed the copyright process you can move forward with the production of the film. The screenplay can be altered after the copyright process has been completed and during the production of the film. It is a good idea to resubmit a final copy of the script to the copyright office that reflects all the changes in the final version. All you will need to do is send in the final copy with a cover letter that has your copyright number on it to the copyright office and they will file it in with your original draft.
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Find out more great information about copyright protection at http://www.copyright-protection-zone.info/
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