2 Types of Solicitor

What is a Solicitor?

Within a socioeconomic spectrum, an individual engaging in the act of Solicitation is typically classified as a Solicitor. The classification of an individual as a Solicitor is not expressly illegal in its colloquial definition; however, within a legal spectrum, the expressed nature of a Solicitor is typically illegal in both classification and qualification alike. A Solicitor can be classified as an individual who partakes in any of the following activities that are considered to be illegal, unlawful, and unethical in their construct.

Criminal Solicitor

A Criminal Solicitor, whom is classified as an individual participating in the solicitation of criminal activity, typically engages in the presentation of a prospective opportunity in which the participation of another individual – or individuals – will result in the facilitation of criminal activity.The classification of the behavior of a Solicitorcan be an ambiguous one; prosecutors trying cases that involve solicitation will be required to prove the presence of criminal intent displayed by the Solicitor. The following crimes are common within criminal solicitation:

• Prostitution may be defined as an act of criminal solicitation, which involves the invitationof another individual to engage in sexual activity that typically results in a variety of socioeconomic gain; however, since a prostitute may be considered to be a criminal solicitor, the possibility exists for an individual apprehended to be charged with both solicitation, as well as prostitution

• A Solicitor offering the prospective participation in Scams, rackets, and schemes of an illegal or unlawful nature typically do so with intent of the recruitment of participating individuals; as in the case of many schemes and scams of this nature, the recruitment of participants – both knowing and unknowing – may result in increased gain for solicitors

• The recruitment of an individual – or individuals with regard to the participation of a criminal act may result in additional aiding and abetting charges

Commercial Solicitor

Within the realm of presumed commercial solicitation, an ambiguitymay existwith regard to an aggressive, persistentsalesperson and a solicitor; however, the intent latent is far more noticeable with regard to classification of a criminal solicitor and a commercial solicitor – as a result, an attorney responsible for the prosecution of an alleged solicitor must illustrate that the intent to commit a crime was expressed within specific commercial activity – the following are some examples of criminal behavior common to commercial solicitors:

• In the event of online commercial solicitation, Spam is defined as an illicit marketing activity that involves the mass-disbursement of unsolicited information; typically, the aim of Spam is to flood the as many eligible recipients with unsolicited correspondence in order to market a product or service – Email Spam is the mass-transmission of electronic correspondence to recipients whom have neither requested such information, while Networking Spamtakes place through digital, interpersonal communication or digital conversation

• Commercial activity involving Illegal and unlawful sales or marketing resulting from unauthorized entry onto personal property or private domain undertaken by a solicitor may be classified as unlawful solicitation; in many cases, the frequency and severity latent within activity of this nature may result in trespassing charges, as well

Albuquerque Officials Investigating Three Separate Murders

On October 10th and 12th, the Federal Bureau of Investigation asked for the public’s assistance in three different murders in the Albuquerque area. The public is encouraged to provide the FBI with any information that may help the investigations of the murders.

The FBI and the Navajo Nation Division of Public Safety asked the public for information concerning the death of a Shiprock teenager. The teenagers name is Brittany Hadley, and she was 19 years old at the time of her death. She was found around 4 a.m. on September 26, 2012 at mile marker 30 along U.S. 64 in Hogback, New Mexico. The FBI believes she may have been a victim of a hit-and-run.

The FBI is asking for information from witnesses or anyone who saw suspicious behavior on the night of September 25 or the morning of September 26.

The FBI and the Pueblo Zuni Police Department are also asking for information about the death of a Zuni man who was 48 years old. Marty Fabian Mahkee’s body was found at mile marker 30.3 along Highway 53 between Ramah and Zuni on August 31, 2012 around 4 a.m. A witness saw him walking along the highway about half an hour before he died. He is believed to be the victim of a hit-and-run accident.

The last investigation involves the death of Dale Johnson. The FBI reports he was missing for over a week before his body was found near Mescalero, New Mexico on July 8, 2011. His body was found in the remote mountainous area north of the Feast or Ceremonial Grounds on the Mescalero Apache Reservation. The FBI is still investigating the man’s death and asking the public for helpful information.

If you have information about any of these deaths, you need to call the Albuquerque FBI at 505-889-1300 immediately.

Sources: Federal Bureau of Investigation

Indian Reservation Murders: Three Defendants, Two Different Murders

On October 12, 2012, the US Attorney’s Office for the District of Oregon announced that Tana Chris Lawrence and Angeldedith Saramaylene Smith of Warm Springs were charged with first degree murder before U.S. Magistrate Judge Janice M. Stewart in the city of Portland.

The charge stems from the death of Faron Kalama. According to the indictment, Lawrence and Smith killed Kalama on the reservation on September 29, 2012. The murder occurred after Lawrence and Smith attempted or engaged in burglary, kidnapping, and sexual abuse. Each of the defendants faces a maximum penalty of life in prison.

The U.S. Attorney’s Office also announced that Curtis Lamont Brown made an appearance on the same day for second degree murder. During the initial appearance, Brown admitted that he shot Jonas Miller, another Warm Springs member, on a remote part of the Warm Springs Indian Reservation. Brown faces two maximum penalties of life in prison—one for second degree murder and another for discharging a firearm during a violent crime.

Brown was also arraigned on the same day for one count of accessory in the murder of Faron Kalama. The U.S. Attorney’s Office announced that Brown tried to help Lawrence and Smith avoid authorities and conviction of the crimes. The maximum sentence for accessory in a first degree murder is 15 years in prison.

U.S. Attorney Amanda Marshal stated, “These homicides are a deep tragedy for the victims’ families and for the entire Warm Springs community. My office, together with tribal and federal law enforcement, will devote the necessary resources to bring these defendants to justice.”

The cases were investigated by the Warm Springs Police Department and the Bend FBI Office. Assistant U.S. Attorneys Billy Williams and Craig Gabriel are prosecuting both of the cases.

Source: Federal Bureau of Investigation

The Truth About Death Row Inmates

Death row inmates are individuals who have been convicted of committing capital crimes and have been sentenced to the death penalty as punishment. In many instances, there are separate facilities to house death row inmates, however, this is not always the case. A death row inmate will remain “on death row” until the appeals process has been complete.

Subsequently, if his/her sentence is not overturned, his/her execution will be scheduled. While awaiting his/her execution, a death row inmate will remain in a maximum security prison. In many instances, an individual will be required to remain incarcerated for many years before his/her fate is decided and his/her execution is carried out. For example, it is possible for an inmate to remain on death row for over ten years, with the longest recorded stay being thirty five years.

Unless their sentences are overturned, death row inmates will eventually be executed by lethal gas, lethal injection, firing squad, hanging, or electrocution. Currently, the majority of Texas death row inmates, and death row inmates throughout the country, are executed by lethal injection.

Texas has one of the largest populations of death row inmates in the country, along with Florida and California. As of 2008, there were of 3,500 people on death row. Only 61 of these inmates were women. Death row inmates have been convicted of murder, though the specific aspects of each case vary greatly. For example, an individual who shot another person, whether purposely or accidentally, during a robbery, can be on death row with a serial murderer.

Retribution Quick Overview

In penology, retribution is a justice theory that considers a proportionate punishment a moral response to crime. Retribution focuses on the satisfaction and psychological benefits that exacting punishments can bestow on the victim of the crime, the close associates of the victim, and society as a whole.

The philosophical approach that supports Retribution can be understood as “letting the punishment fit the crime.” In ancient times, retribution was the guiding principle of legal systems, such as the Code of Hammurabi. However, it is difficult to determine whether or not the punishment is an appropriate response to the crime. Part of the difficulty lies in determining how harsh or severe a punishment should be in order to considered a proper example of retribution.

Although it is generally agreed that a convict in a case of murder should be punished more harshly than a convict in a shoplifting case, the difficulty lies in determining when the level of retribution is appropriate. A criminal justice system based on retribution does not require the punishment to be equivalent to the crime.

Under a retributive system of penology, it is important to determine if the proportion will be determined based on the amount of harm, on the unfair advantage, or the moral imbalance that has developed as a result of the crime that was committed.

Critics claim that retribution is a poor basis for a criminal justice system due to the maxim that “two wrongs do not make a right.”

Kitsap County Jail

The Kitsap County jail is located at 505 Bay Street in Port Orchard, Washington. The facility is a minimum to medium security facility and typically holds 200 to 250 inmates.The typical inmate at Kitsap County jail is charged with multiple misdemeanors or non-violent crimes.

As a result of the non-violent nature or history of most of the inmates, the interaction between incarcerated individuals within the Kitsap County jail is typically permissible when compared to other institutions within the state. Most of the cells within the Kitsap County jail possess two beds, enabling multiple inmates to share a cell.

Inmates are allowed to roam the premises for multiple hours a day, play cards, weight train, and watch television. Although the Kitsap County jail is more lax in terms of security measures than other rehabilitation centers it still aims to fully rehabilitate its inmates and teach them life lessons to advance progression within their lives.

A Kitsap County jail roster, which offers the names of all inmates to the public, is available on the prison and Sheriff’s website. The Kitsap County jail roster allows a loved one, fried, or victim associated with the inmate to view the booking date, the location, and the name of all incarcerated individuals within the facility. In addition, the Kitsap County jail roster lists the expected amount of bail, the people released over a period of 24 hours, and bookings that took place over the past 72 hours.

Cowlitz County Jail

Cowlitz County Jail is located at 1935 1st Avenue in Longview, Washington. The Cowlitz County jail is a relatively small facility that houses many non-violent criminals who have repeatedly failed to exhibit moral behavior in society. The majority of inmates within the confines of the Cowlitz rehabilitation facility were found guilty of drug use or drug possession.

As a result, the Cowlitz County jail works closely with the city’s drug courts and numerous drug programs which are created to educate individuals towards the dangers and legal consequences of drug use. The Cowlitz County jail houses roughly 150 inmates at a time, although this number fluctuates as a result of the constant traffic between the facility and others within the area. A full roster of inmates can be found online, at the Cowlitz County jail website. The roster includes all the active inmates, their respective locations within the facility, the date of their incarceration, and a list of all their charges.

The Cowlitz County jail contains 8 specific cell blocks. Labeled A through H, the cell blocks each contain roughly 20 inmates. As a result of the minimal security level, the majority of inmates are allowed to interact with each other, and most of them have cellmates. With the increased interaction however, comes increased security.

The inmates are under constant patrol and monitoring from remote locations as well as patrolling security officers. The goal of Cowlitz county jail is not to simply confine wrongdoers, but to rehabilitate them, so their re-entry into society is streamlined.

Man Receives Life in Prison for Role in Murder of Witness

On November 9, 2012, the Department of Justice reported that Frank Marfo was sentenced to life in prison for conspiracy to murder a bank fraud investigation witness. He was convicted on the following counts: one count of conspiracy and committing murder for hire, one count of conspiracy and murdering a witness, one count of using a gun that resulted in death, and one count of conspiracy and committing bank fraud.

Court documents show that Marfo, Tavon Davis, Bruce Byrd, and others were involved in a bank fraud scheme from May 2009 to November 9, 2011. The scheme let the defendants collect over $1 million in money orders.

Cortez Callaway worked with Davis during the scheme, but Cortez was arrested by the Baltimore County Police on December 29, 2010 for possessing counterfeited documents and theft. He admitted his role in the bank fraud scheme and told the police he was hired by Davis and others.

Between December 29, 2010 and January of 2011, Marfo, Davis and Byrd discussed the possibility of murdering Callaway to prevent him from testifying during the bank fraud trial. Marfo was going to commit the murder himself, but he and Davis eventually hired Byrd to commit the murder.

From April 5 to April 11 in 2011, Davis called Byrd 68 times and many of the calls discussed the murder. Davis finally told Callaway that Byrd wanted to meet with him on the 1700 block of Crystal Avenue in Baltimore on April 11 to discuss the testimony. Byrd shot Callaway when he was in his driver’s seat with a 10mm handgun, and Davis met with Byrd shortly after.

The two men traveled to Marfo’s residence and Davis paid Byrd $2,000. Byrd and Davis have since pleaded guilty to the crime. Byrd was sentenced to 40 years in prison, and Davis currently awaits sentencing.

Source: Bureau of Alcohol, Tobacco, Firearms and Explosives

Jared Lee Loughner Sentenced for Tucson Shooting

On November 8, 2012, the US Attorney’s Office for the District of Arizona announced that Jared Lee Loughner was sentenced to life in prison without the chance of parole for killing six people and wounding 13 others—including Congresswoman Gabrielle D Giffords—on January 8, 2011.

During his plea hearing, Loughner admitted traveling to the Safeway grocery store in Tucson with a semi-automatic pistol and 93 rounds of ammunition with the plan to kill Giffords and her supporters. He was able to fire 33 rounds before he was subdued.

He pleaded to a total of 19 charges in the superseding indictment on March 3, 2011. The charges are listed below:

•   attempted assassination of Gabrielle D. Giffords
•   murders of federal employees John M. Roll and Gabriel M. Zimmerman
•   attempted murder of federal employees Ronald S. Barber and Pamela K. Simon
•   the murders of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Schneck, and Dorwan C. Stoddard
•   seriously wounding Bill D. Badger, Kenneth W. Dorushka, James E. Fuller, Randy W. Gardner, Susan A.    Hileman, George S.     Morris, Mary C. Reed, Mavanell Stoddard, James L. Tucker, and Kenneth L. Veeder, Sr.
•   gravely endangering multiple other federal aides and public supporters

Loughner is serving a total of seven life sentences and a 140 sentence.

Attorney General Eric Holder stated, “Today’s sentence—life in prison without the possibility of release—means Jared Loughner will never again be free to hurt or menace the American public. For the victims, their families, and the larger community impacted by this tragic event in our nation’s history, it is my sincere hope that this conclusion will help in their journey toward physical and emotional recovery.”

Giffords was shot point-blank in the back of the head and miraculously survived. She has since participated in interviews but has retired from public service.

Source: Federal Bureau of Investigation

Detroit Edison

What is Detroit Edison?

Detroit Edison generates, transmits, and distributes up to 11,084 megawatts of electricity to about 2.1 million customers throughout southeastern Michigan. The company uses coal, nuclear fuel, natural gas, and hydroelectric pumps to generate electricity. The company also uses renewable energy sources to generate electricity. The Fermi 2 nuclear power plant generates about 1.1 million kilowatts of electricity.

The electric company is a subsidiary of DTE Energy. The biggest subsidiaries under DTE Energy are Detroit Edison and Michigan Consolidated Gas Co (MichCon). DTE Energy has the following subsidiaries:

· DTE Biomass Energy

· DTE Coal Services

· DTE Energy Services

· DTE Energy Supply

· DTE Energy Trading

· DTE Energy Ventures

· DTE Gas Resources

· DTE Gas Storage

· DTE PetCoke

· DTE Pipeline Co.

· MichCon Laboratory Services

· MichCon Pipeline

· MichCon Storage & Transportation

· Midwest Energy Resources Co.

EPA Lawsuit against Detroit Edison

The EPA filed a lawsuit against the electric company in 2011 over violations of the Clean Air Act (CAA). The EPA filed the lawsuit because the electric company was performing work on the Monroe Power Plant and the CAA prohibits construction of new facilities that have large amounts of emissions.

Amendments were made in 1977 to the CAA that allowed outdated facilities to continue operating until they underwent major modifications. The EPA could then order the plant to add features to meet federal regulations.

In 2002, the EPA modified its New Source Review and required grandfathered facilities to submit a pre-construction notice to the EPA and undergo post-project monitoring for emissions after the construction was completed. If the emissions increased, the EPA could impose a fine of $37,500 per day.

The EPA fined Detroit Edison for an emissions increase, but the company argued against the allegations. On August 23, 2011, Judge Bernard Friedman of the U.S. District Court for the Eastern District of Michigan dismissed the lawsuit because the EPA used data the day after the construction was completed. The emissions increased after the major modification, but they did not monitor the data for a whole year as required by law.

Discrimination Cases against Detroit Edison

The company has faced a large amount of lawsuits over the years for discrimination. Some of the cases are described below:

In 1971, a class action was brought against the company for race discrimination. There were over 12,000 workers for the company at the time, and only 400 were African American. Most had lower paying jobs, and the company settled in 1975 for $5 million. The company started to hire more African Americans and women after the settlement.

In 1993, a class action was filed by minorities, women, and older workers who were demoted or fired. Three more class actions occurred in 1997 for race, national origin, and age and sex discrimination. Three of the lawsuits are settled in 1998 for $17 million. The company was fined by the Equal Employment Opportunity Commission (EEOC) for $500,000 in 1998 for sex discrimination as well.

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