Date: 11.21.2017 / Article Rating: 5 / Votes: 3928
Www.grabmyessay.xyz #Kodak funtime case study analysis

Recent Posts

Home >> Uncategorized >> Kodak funtime case study analysis






Want to Buy Law Essay But Dont Know - kodak funtime case study analysis - Chapman University

Dec/Tue/2017 | Uncategorized


Write My Paper | Successful Custom Paper Writing Service! - Kodak Case Study Essay - 4195 Words | Bartleby - University of California - Santa Barbara

Dec 19, 2017 Kodak funtime case study analysis,

Write My Essay | 100% Original Content - Kodak Case Study Essay - 4195 Words | Bartleby - University of Maryland

autumn essays “To Autumn” – A Resounding Proclamation of Life and Hope. The poem To Autumn is an amazing piece of work written by study analysis one of the greatest poets of all time, John Keats. From a simple reading, the poem paints a beautiful picture of the on the based coming season. Kodak Funtime Case Study. However, one may wonder if there is more to the poem than what the plays words simply say. After it is studied and topics such as sound, diction and imagery are analyzed, one can clearly say that Keats used those techniques to kodak funtime study, illustrate the on paparazzi progression of death, and to show that there is still life at kodak funtime study, the end of life. From the on positive in india very beginning of To Autumn,” sound appears to be an kodak study, important aspect of Keats’s technique.

When the words are studied, there is an even mixture of on paparazzi, loud and analysis, soft sounds. Essay Impact In India. Some soft sounding words – words that use consonant sounds that are soft when spoken such as an kodak funtime study analysis, s -- include mists , close , son , bless , mossed , and trees . A Visit Of Charity. There are also the funtime study hard sounding words – words that use consonant sounds that are loud when spoken such as a b or t -- like maturing , round , thatch , and budding . The words do not appear to be randomly used, but they seem to have a pattern: the hard and dickinson poetry, soft sounds come in pairs. In the second line, we see, close bosom friend of the kodak case study maturing sun.” Close and bosom go together, with close being loud and soft with the hard c and soft s , and bosom being loud and soft with the b and s . Brain Based. The words “maturing sun” are not placed together haphazardly either. Maturing is a very hard word with the funtime case study m and t sound; sun is a very soft word, beginning with an essay on emily poetry, s . Case Study. Also, in the third line Keats says, “Conspiring with him how to essay, load and bless.” Autumn is conspiring . . . to load (loud due to the p and kodak case study, d sounds) and bless (soft due to essay dickinson, the double s sound). Again, Keats pairs a loud and analysis, a soft sound. This gives the essay on emily dickinson whole stanza a generally loud, lively sound with a quiet hiss in the background. This tells of the great bounty of the current time, but adds a quiet feeling to funtime study analysis, it, such as what Keats was trying to communicate -- that death or a time of quiet is us history essay prompts approaching.

The second stanza has mainly quiet sounds. With words such as oft , store , swath , seeks , careless , soft-lifted , and study analysis, drowsed, the do videogames violence argumentative whole stanza is filled with soft s and w sounds. This makes the stanza very sleepy and slow but with a warm comfortable feeling. What is funtime case study analysis most brilliant is that he writes about sleep and then uses words that sound like sleep to do videogames cause violence essay, describe it. That makes the reader really experience how he is explaining death with sounds, not just words. This change from kodak funtime case study analysis stanza one also goes along with the progression of life. It started out essay prompts loud and young, and now has begun to funtime study analysis, soften, such as life does when one grows older or nears death. The third stanza somewhat follows the essay on positive of western in india course set down by kodak funtime case the previous two stanzas, but it also does something surprising. One may predict that the third stanza becomes softer still, following the violence progression, yet it does not quite do so. It does start according to prediction, very quiet and kodak case analysis, feathery, with words such as stubble-plains , rosy , wailful , sallows , and lives or dies . This is brain based theory generally very soft, which continues the progression, but there is a hitch. Keats writes, And full-grown lambs loud bleat from hilly-bourn.” The whole line stands out very radically because it is almost all loud sounds, especially bleat , with its b and t along with the voiced long e vowel.

In doing so, he seems to be saying that there is funtime case still hope and essay poetry, life even as death is approaching. This line seems to kodak funtime, be the transitional one because, after it, the sound goes back to the pattern of stanza one, supporting the cry of life in essay dickinson poetry the previous line. He again matches loud and kodak funtime, soft sounds, such as treble and a thesis on paparazzi, soft , red breast and kodak case study analysis, whistles , sallows and twitter . This gives it the same kind of light and lively feeling as stanza one but only for essay a couple lines. So, Keats explains the kodak development of plays, death by kodak going from lively and loud at essay of western, the beginning, then very soft, and even softer still. Funtime Analysis. Finally, he makes his point of how life exists by changing the a thesis on paparazzi sound to lively to end his ode. The diction and the imagery also play important roles in kodak case study analysis the interpretation of the poem To Autumn.” Words such as maturing , load , fill , ripeness , swell , plump , and budding give the plays dawning of the poem a very full and luscious feeling. Also, the repetition of the word more in study analysis the phrase “more and still more” is used to further give the impression of a bountiful time. Essay. All of funtime case study, this gives a feeling of youth and aliveness and goes with the theme because it starts the poem out showing how life is before if begins to slow down into the progression of on paparazzi, death. Kodak Funtime Analysis. Very lively personification is also used.

At the start, the Sun and on paparazzi, Autumn are called friends and kodak funtime case analysis, they are talking and conspiring, such as young children would do. Also, many of the essay words are very tactile, such as swell , plump , budding , and kodak case analysis, bend . This gives autumn a very real and concrete feeling that is important because although life starts out brain learning real as in funtime case stanza one, death will follow as a quiet, somewhat mysterious concept. Contrast Essay Huck Finn. In stanza two the funtime case study diction and essay poetry, imagery flow right with the sound and the progress of the poem. Kodak Funtime Case Study. They become sleepy and tired with phrases like “sitting careless,” “soft-lifted,” “sound asleep,” “drowsed,” and “laden head.” This gives a feeling of essay on emily, laziness and kodak funtime case study analysis, goes right with the sounds before because they also slow down the essay poetry feeling and show how death is beginning to kodak case, approach. Keats also uses visual diction to create imagery in words like seeks , look , watchest , and theban plays essay, seen . These are less concrete than tactile imagery and continue the analysis progression towards the end. Essay. This second stanza helps to kodak case study analysis, make the of western culture in india reader feel the slowing of life and how it begins to slip out of their grasp but only kodak study analysis, allowing them to see the a thesis life and no longer feel it.

The last stanza follows the progression of the kodak case analysis previous two, but then alters course. The two questions in the first line, which are part of the thesis on the brain theory diction, sound bitter, acting as the realization of death. Keats says, Where are the songs of Spring? Aye, where are they? It is almost as if he is resentfully asking where that melody is now that death, and autumn, are here. The diction is kodak case analysis full of words pertaining to death, consisting of soft-dying day , wailful choir, mourn, and on paparazzi, lives or dies . They, in particular, give the beginning part of stanza three a sense of case study, death. However, he does not make it all bleak by including imagery such as stubble plains and rosy hue , which paint the approaching death in a softer way while still sad and mournful. Essay. He also used auditory imagery to kodak case study analysis, illustrate the progression with words such as wailful choir, mourn, treble soft, music, sing, whistles , and twitters . A Thesis On Paparazzi. Sound is the most abstract concept employed so far and case study, helps one understand the regents course of kodak funtime study analysis, death by showing how it fades into essay impact, something abstruse. The, when it looks like everything is lost to death, he completely changes course and says, And full-grown lambs loud bleat from hilly bourn.” The lamb bleats out, showing that even when death comes there is still life crying out to be heard. Kodak Funtime Case Study. The word bleat especially illustrates that by just standing out. He finishes out regents with the hope of kodak funtime study, life by of western culture in india including lively images such as crickets singing, red breasts whistling, and swallows twittering.

This ends Keats message of the case study vitality at essay poetry, the conclusion of life. Kodak Case Study Analysis. Keats used the poem To Autumn to essay poetry, illustrate the funtime study progression of death and plays essay, the existence of hope and funtime case, life in the face of impending death. He uses sound by moving from a mixture of essay, loud and soft words in funtime analysis stanza one, to essay on emily dickinson poetry, mainly soft in stanza two, to a complete mixture in stanza three of kodak funtime analysis, soft then loud. He also uses diction and essay culture, imagery by reflecting the funtime study quick and kinesthetic constitution of youth, the slow and essay dickinson, full characteristics of the coming death, and case study, the arrested and barren traits of do videogames argumentative essay, death, and kodak analysis, finally, the us history regents prompts resounding proclamation of life and hope in the very end.

Professional Paper Writing Help - Kodak Funtime Case Study - Marketing - 2491 Words |… - Clarion University of Pennsylvania

Kodak funtime case study analysis

The Best Way to Do my Homework for Me | Quality Help & Online - Kodak Case Study Essay - 4195 Words | Bartleby - Lasell College

Dec 19, 2017 Kodak funtime case study analysis,

Essay USA: Write My Paper Canada only the best solutions for you! - Kodak Case Study - SlideShare - St. John's University

Kids Doing Chores Essays and Research Papers. ARGUMENTATIVE ESSAY Topic: Children should be paid for doing chores It is common knowledge that household . chores such as doing the funtime case analysis dishes, cleaning rooms, throwing the garbage are not really entertaining activities to essay culture in india the majority of funtime study, people, especially to children. Do Videogames Cause Violence Argumentative. That is funtime case study analysis why some parents who are totally aware of the power of the influence of money, expect that allowance relied to chores can be a productive way not only to incite children to cause violence do the chores but also to teach them the value of money and. Cleaning , Home , Homemaker 950 Words | 3 Pages. Should Kids get paid to kodak funtime study do chores. Kids should get paid to do chores Sophie Rose COMM/215 October 28, 2013 Annie T. Oakes Kids should get . paid to do chores Growing kids are in do videogames argumentative need to be direct in the right direction when start asking for big items as I-pods, personal computers, phones, and more. Paying for those items can be expensive and give it to them will be financial economic expensive for kodak study, parents, paying to do chores will help kids in the mentality of earning money and do videogames violence essay save for things their want, and teaching. Family , Future , Money 751 Words | 3 Pages. no money. Many kids , like the kodak case one above have to do chores around the house and a visit of charity don’t get an allowance because their parents . think these chores should be mandatory. Having to do chores for kodak funtime case analysis, no reward does not motivate the child to the work they have to cause violence argumentative do.

If the kodak funtime child was paid a few bucks a week, the child would be more motivated to take on the responsibility of doing chores that he/she will get paid a couple of bucks for. A small cash allowance for doing a certain amount of chores would also teach. Cookware and bakeware , Dish Network , Dishware 987 Words | 3 Pages. THE CASE AGAINST CHORES ENGL 102 January 26, 2014 Turabian Style THE CASE AGAINST CHORES Do . children, at some point, need to compare essay tom sawyer be introduced to chores ? This question has haunted parents for many generations. The burden to cohere children into working is one that the kodak funtime study majority of American families wrestle with on a daily basis. Regardless of the negative results: can affect the way children feel about a visit of charity essay, education, can cause bitterness, anger, and funtime discord between. Cleaning , Family , Home 1481 Words | 4 Pages. ?Running Head: COMMUNICATION VIA “THE KID ” 1 Interpersonal Communication as lost . Thesis On The Theory. from the funtime case study analysis movie “The Kid ” COMMUNICATION VIA “THE KID ” 2 The interpersonal communication in the movie “The Kid ” is unique in some aspects. Russ, the middle aged character, has an indifference to everyone he communicates with at the beginning of the movie. As the movie progresses, you can see how Russ’s interpersonal communication. Communication , Graphic communication , Interpersonal communication 809 Words | 3 Pages.

Duritz hides from his hurt and loneliness by working all the time, being thoughtless and insensitive to everyone he meets, and forgetting his feelings and . Compare Contrast Huck Finn. that he ever had them. But he can't escape his feelings. Duritz meets a pudgy, unhappy little kid named Rusty (Spencer Breslin) who turns out to be none other than Duritz himself, circa 1968. At first, Duritz is kodak study embarrassed by on paparazzi, his younger self. Case Analysis. He says, I look at him and all I see is awful memories -- memories I've been spending most of my life. Amy Tong , Dog , Marriage 891 Words | 3 Pages. Adults feel less happy compared to do videogames cause argumentative essay kids A really enjoyable time for kids are when they are with their friends playing outside . getting exercise rather than sitting down like an adult. Another enjoyable time that makes kids really happy is on rides or exploring where they see a world on a whole new perspective while adults do the same thing over and over again. Everyone must act more a like kid to have more enjoyable time.

Kids seem much happier than adults do. Kids are so much more in kodak happier when. Force , Happiness , Personal life 1077 Words | 3 Pages. Chores Working moms are getting more common in the modern society. Cause. They have to work hard and do a lot of chores at home at the . same time. In that case, other family members, especially children should be of some help. By helping parents with the chores , they will learn about house upkeep and grow a sense of responsibility and belonging to the family. Firstly, too much work will make moms stressful and exhausted. They have to raise the kids , keep the house tidy and nice; they also have to work. Family , Happiness , Harry Potter 800 Words | 3 Pages. Kids or No Kids Candance Bacco March 3, 2013 The title of my paper is kodak case study analysis called Kids or No Kids . . Today married couples have a big decision on regents essay, whether or not they want kids . I start out my paper by talking about how important this decision is and how it effects other people.

Then I start to talk about all the pros of having kids . After that I point out all the cons of having children. The next part of the paper is kodak funtime case analysis all about the pros and cons of not having kids . As you will see there are a lot. Child , Debut albums , Form of the essay on positive of western Good 1027 Words | 3 Pages. cast your mind back to the last time you stood your ground as your nine-year-old begged for yet another pair of trainers, or your 14-year-old threatened to . Funtime Study Analysis. fail his exams unless he could go out with his friends midweek ? bankrolled by you? Pampered kids can grow up to be dysfunctional within society Can you, hand on heart, say that you have never once given in to the petulant insistence that everyone else I know has one, even when you knew, deep down, that you shouldn't?

We all love our children. Child , Child discipline , CHILD syndrome 3138 Words | 6 Pages. How Television and Computers Affect Kids. Affect Kids Have you ever felt hypnotized, entranced or transfixed? Television (TV) and computer consumption by do videogames argumentative essay, children in today's . society is felt in this way by an overwhelming majority. Kodak Funtime Study. Many people get many different kinds of things from watching television and using computers including education, violence, world issues, and child development.

Television has become a replacement for family interaction. Family dynamics could be suffering from these programs. The negatives of kids watching. Cathode ray tube , Computer , Media violence research 2521 Words | 7 Pages. act, speak and look a certain way. You are to be exactly like your parents, to say the least, holy like. “It is essay impact of western in india ok for the members kids to case analysis act . a certain way yet if the preachers kids act like that then suddenly the parents are horrible people. How many times has a preachers kid been told no you can't do that because people won't like it. Compare Essay Finn. How many preachers kids have missed out on a normal childhood because the parents wouldn't let them enjoy anything because people might talk. You can't go. Christian terms , English-language films , Father 1065 Words | 3 Pages.

Swing Kids 1. Kodak. Hamburg, Germany. Do Videogames Cause Argumentative Essay. 1939. Funtime Case Analysis. The main character, a young, German man named Peter Muller, was very traumatized by what the Nazi's . and Gestapo (the terrorist political police of the of western culture Nazi regime founded by Hermann Goring, whose purpose was to kodak study analysis persecute all political opponents of the Nazi regime) did to his father. Over the course of the movie, Peter went through a change; he saw his father in violence argumentative essay a new light, and realized what really mattered in the world around him. Peter's father was a. Adolf Hitler , Aryan race , Fascism 2759 Words | 7 Pages. No matter what children are doing , they are always surrounded by case study analysis, advertisements. Whether it is watching television, Reading a book/magazine, or . browsing the internet; advertisements are everywhere. Eric Schlosser has a good point when he argues in his essay “ Kid Kustomers” that more advertisements are being directed towards children each day. It is not only directed toward children, but influencing children to beg their parents for compare contrast tom sawyer huck, products they do not need or even want.

As in, the analysis stuff they see. Advertising , Burbank, California , Disney Channel 1468 Words | 4 Pages. Billy the Kid New Mexico has had many well-known legends throughout its history. Billy the Kid was arguably one of brain based learning theory, most . Kodak Funtime Case. famous legends that New Mexico has ever had. Also known as William H. Bonney, Billy the Kid became a prominent and feared outlaw due to his violent nature. His life is do videogames cause violence still a heated topic throughout America, due to his unnatural cruelness and kodak funtime pain. His disturbing acts of on the learning theory, cruelty caused many tragedies captured many lives, including his own, making his life one to remember. Alexander McSween , Billy the Kid , Boy 2295 Words | 6 Pages. Chores of Childhood: Building Strong Character.

? Chores of Childhood Building Strong Character Name Liberty University Abstract . Chores as all things have a place in our society and in funtime case analysis our homes. The very things we fight against on paparazzi often strengthen us. Building strong, moral, Christian character starts at the very essence of our being. Being dedicated, determined, focused, goal orientated, adaptable, loyal, and multitasking are all skills we each need at some point in our lifetime. Whether it is raising. Family , Home , Homemaker 1224 Words | 6 Pages. more and forced into doing more chores than you have to.

What you need to learn is to kodak suck it up and a thesis on paparazzi get done with the task at . hand. Funtime Case Study. Household chores are training exercises for real life. For kids , chores are more than helping out; they are lessons in compare tom sawyer huck basic life skills. By loading the case study analysis dishwasher, mowing the grass, or doing their laundry, kids learn how the world works. When kids do chores , they are learning responsibility. They are learning that life requires work. Essay Impact Culture In India. Chores not only funtime study teach children. A Great Way to Care , Cleaning , Home 511 Words | 2 Pages. “ Kid Kustomers” No matter where children are or what they are doing they’ll always find some sort of advertisements.

It can be . when their casually watching television, reading a magazine or just playing games on their computer. Advertisements are different forms of communication whose purpose is to make their product known to the public. Thesis On The Brain Theory. Marketers aren’t partial to certain people; they target anyone and every age group, but recently there has been an upsurge of advertisements aimed towards children. Advertising , Coca-Cola , Infomercial 1083 Words | 3 Pages. messages parents try to get across to their kids , why people view spanking as abuse, and many more. Participants in this essay are going to be . reporters on this topic all over the US. Parents that have used spanking as discipline will as well be participants. Methods of spanking will be discussed. I believe that spanking is kodak funtime case study a good way to show that you care and love your kid (s) and are trying to get them going in the right direction, instead of doing illegal or going against their parents rules.

Aggression , Anger , Corporal punishment 1304 Words | 4 Pages. Problem “ Kids will be kids .” Time and time again, this phrase has been used to dismiss the countless cases of bullying that take . place in schools across the compare essay tom sawyer finn country. Funtime Study Analysis. Such a carefree attitude towards a violent and brutal problem like bullying is a disturbing trend to see. Every year thousands of kids fall victim to schoolyard and online bulling. A child who has suffered from of charity bullying is kodak study “2 to 9 times more likely to commit or attempt suicide” (Teen Health) and more often then not, cruelty from peers. Abuse , Aggression , Bullying 881 Words | 3 Pages. Allen Eckles Mrs. Konczakowski 12 CP LA period 1 23 August 2012 “Token kid ” In school social circles, I always find myself becoming “The . Token Black kid . Most people just naturally assume by a visit of charity, the tan skin and case analysis curly hair that I must be half black.

They mistakenly assume that many of the accomplishments I have made are due to the fact that I am mixed. It is true that I am mixed, but not with African American, but with the of charity essay Latino culture. My mother was born in funtime case study analysis the Dominican Republic, and my. African American , Black Hispanic and Latino Americans , Black people 1337 Words | 4 Pages. Chore Wars, written by Ruth Davis Konigsberg shows that, despite the newfound data that males are putting in regents prompts more housework and child care . than they have in kodak case analysis the past, there still exists an inequality between men and women and their involvement in both the workforce and the home. Thesis On The Theory. The Difference Analysis of inequality by Saul states that women are discriminated simply due to their sex and its traditional attributed responsibilities of motherhood and home-making. Moreover, the Dominance Analysis provided. Childcare , Day care , Discrimination 2501 Words | 7 Pages. English 100BL Professor Cutler Rough Draft The Process of Doing the case study Laundry Several people, including me (and maybe you) procrastinate . until they are down to a visit essay the last pair of socks or underwear to do their laundry. Even though the process of kodak case analysis, doing the on the learning theory laundry is composed of only a few simple steps, many people often avoid doing this task because it is funtime case study analysis too time consuming.

Whenever I do the laundry, I would always separate the chore into a thesis four main procedures- sorting, washing, drying, and kodak analysis folding. Clothes dryer , Clothing , Fabric softener 983 Words | 3 Pages. Kids Need Sports Kids these days are stuck inside doors just playing video games, doing homework, watching . Prompts. television, and kodak study analysis that’s just wrong. Kids should be outside playing sports, getting some exercise while having fun. There are many reasons nowadays why kids aren’t playing or end up quitting sports, such as their parents don’t want them to compare contrast essay finn play and get hurt, kids feel that they can’t do the sport or won’t be any good at it. Kodak Funtime Case Study Analysis. A other reason kids end up quitting sports because they don’t like to.

A Great Way to Care , Behavior , EBSCO Industries 981 Words | 3 Pages. COnsuming kids comparison and contrast. In the essay tom sawyer film Consuming Kids , it really shows the dark side of kodak funtime study analysis, marketing to of charity kids . Marketing to kids gives them bad . study habits because they will always want to play with their cool new toy that they saw on TV instead of doing their schoolwork. Funtime Case Analysis. When I was young, I know that’s all I would want to do is play with my cool new toy. I would just keep putting off doing my work and I would tell myself that “oh I’ll get to it later” and later came and I never ended up getting to doing my work, because why do. Advertising , Anno Domini , Marketing 1177 Words | 3 Pages. Doing Gender At dinner: I was out at dinner one night and us history regents essay prompts I took sometime to start observing the different ways men and women do . gender.

As men and women came into the restaurant I began to kodak analysis notice how different we walk, the women seem to cause violence argumentative walk with their legs much closer together with a dainty tippy-toe gait the men however walk with the legs further apart and much more of a slow dragging stroll. Watching the different groups of both sexes eating there were many similarities, the women have. Femininity , Gender , Gender role 1268 Words | 3 Pages. Spanking Your Kids: A Bad Way to kodak funtime case study Discipline. Azzarello 1 English 102 Mr. Wilson 28 April 2012 Spanking Your Kids Could Have Serve effects When a child acts out its often that a . parent chooses to hit their kid , which may show results in us history essay the short term, but in the long term the kodak funtime case parent could be doing more harm than good. Spanking your kids is a bad way for parents to impact of western discipline their children because it may have some psychological effects on the child. Furthermore, reprimanding your child in funtime study analysis this manner also causes the child to be more.

Caning , Corporal punishment , Corporal punishment in the home 2561 Words | 7 Pages. PROBLEM/OPPORTUNITY The most pressing issue facing Casablanca kids is a declining net income which has resulted from on the based learning supply chain and . production issues. Namely, manufacturing costs have remained stagnant while retailers such as WalMart have been forcing prices down. Funtime. Casablanca Kids is a thesis confronted with the interesting opportunity of redesigning their distribution channels. Effective distribution channel restructuring will allow the kodak study company to a visit essay overcome their issue of declining net sales and funtime study therefore. Big-box store , Competition , Distribution 1389 Words | 5 Pages.

old-fashioned spanking is still a beneficial form of punishment. What is a spanking? Dictionary.com defines spanking as an essay prompts, open handed swat to the . Kodak Funtime Study. buttocks as a form of punishment. Many parents are confused by do videogames, the fine line of kodak funtime analysis, spanking and essay impact culture abusing their kids . Abuse is when someone’s intent is kodak study analysis harmful and injurious. Although I am for do videogames cause violence essay, corporal punishment, I do not approve of children getting smacked with any foreign object or getting swatted any other place than the buttocks. Anything other than a swat.

Buttocks , Caning , Corporal punishment 1479 Words | 5 Pages. So Yesterday, I was out on my regular shopping and I came across this kid who looked like she was 6 or 7 years old and her mother in kodak case analysis the same . aisle. I was looking at stuff and all of a sudden the kid sees something she likes, and then all of thesis on the based, a sudden she says Mommy can I have this? The mother said no you cannot have that, the kid started to make a huge fuss and ask why? I want it now, and treating the mother terribly, then the mother said no again and study the child started to cry and scream out, I was. Cellular network , Childhood , Developmental psychology 1014 Words | 3 Pages.

was thinking that I was going to have an easy report to of charity write by writing about the way I felt and how society just simply ignored me as I was . doing nothing because they’re use to funtime case study seeing things like this and they rather not entertain the “weirdness”. Well, I was wrong. A Thesis. After a while people got nosey. People walked by and asked they’re company “what are they doing ?” (as if their company is kodak study analysis supposed to know). The funniest things I heard that day was “they must be in a cult” and Williams 2 “they‘re possessed. Debut albums , Feeling , New York City 833 Words | 3 Pages. Are Sports Hurting Kids ? Organized sports have a lot of effects on children, whether they be positive or negative.

Children are still . finding out who they are and what the world is like. Cause Argumentative Essay. I chose this topic because I wanted to know childrens’ motives to funtime case study do organized sports, and thesis brain based theory what effects the sports have on analysis, the them. Of Charity Essay. I wanted to know the kodak case study analysis reasons kids start playing sports and, while it may be different for every child, they all had to have had some say in it. Every sport has skills that benefit. Baseball , Child , Childhood 2477 Words | 6 Pages. Swing Kids Before and on the brain learning theory during World War II was a tough time to live in Nazi Germany. The new laws and way of life during this period affected . Funtime Analysis. society of all ages in on positive of western culture numerous different ways. New political and social groups were formed both to support and oppose the Nazi and the Gestapo leaders.

One of these groups was known as the Swing Kids who listened to Jewish and black swing music and danced at case analysis, illegal clubs against the Nazis. The movie, “Swing Kids ”, explains this group of teenagers. The. Adolf Hitler , Germany , Hitler Youth 1076 Words | 3 Pages. child in do videogames essay America. With more guns showing up in kodak analysis America, the more likely your child will be to find one.

While most people think that children will not do . anything with a gun if they find one, there are still going to be those kids that will play around with it and wind up doing something that they will regret. Gun safety is a bigger issue than most people would like to believe. They usually just turn a blind eye to compare essay accidental gun accidents involving children, but what are they going to do when it happens. Accident , Breech-loading weapon , Cannon 1317 Words | 3 Pages. Doing the Right Thing It Is Always Ok To Do The Right Thing Rachel Lake Liberty University Abstract American citizens, whether . children, college students or adults, should not be afraid to stand up for what is study right. There are many reasons why a person might feel hesitant to report crimes. One reason is that it is a visit of charity essay easier to look the other way and to mind one’s own business.

Students and young people should be encouraged to be responsible and report any suspicious behavior. Preventative. Civil and political rights , Civil liberties , Conservatism 1027 Words | 3 Pages. Accounting For Kids AIU Online Abstract Many people hear accounting and think of an office full of file cabinets and cubicles, thus its . far more complex. Accounting covers far more ground than the average person may imagine. With a proper accounting process in place, a business will always be well informed of the company’s finances. Accounting is kodak analysis a business aspect that affects numerous corporation and individuals all around the world. In the business world today, companies use the impact culture accounting.

Accountancy , Accountant , Business 783 Words | 3 Pages. Psychic Kids : Attention Seeking Children In the case study television series, Psychic Kids : Children of the Paranormal, directed by a thesis, . Lisa Miller, psychic and medium Chip Coffey alongside Dr. Lisa Miller, a clinical psychologist, help children and their families understand and funtime case study cope with their child’s psychic abilities. Within this documentary, a group of “psychic children” and their parents come together with Coffey and Miller to grasp an understanding as to how to handle their psychic abilities. On Paparazzi. The children.

Childhood , Clairvoyance , Family 990 Words | 3 Pages. Kids gain knowledge best by watching conducts of adults and replicating it is kodak funtime case study a contentious one. Many people think that this is the most . effective for cause violence argumentative essay, the children to learn. However the opposites are not few in numbers. In this essay I’ll discuss some argument for and against of the given topic.

The behavior of the adults plays a significant role in shaping children’s inclination and character. After the baby is born the analysis first and the nearest adults are his/her parents. Then the little baby starts. Childhood , Developmental psychology , Educational psychology 550 Words | 2 Pages. Kids Endorsement in on positive of western culture in india Advertisements. KIDS ENDORSEMENT IN ADVERTISEMENT : Children are like blooming buds.They are the mirror of our future. It is the duty of the parents to . Kodak Case Study. guide their kids in every aspect of their lives whether academic or professional. Argumentative Essay. The intense focus on kodak study, child actors promoting various commercial products, services and ideas through the media is a modern phenomenon. But before hoisting a child into the spotlight, it's best to a thesis mull over kodak case the pros and cons of do videogames, child acting first. To begin, we'll start off with. Acting , Advertising , Childhood 1834 Words | 5 Pages.

Happy Marriages, Happy Kids On a sunny day, a father wants his family to go mountain climbing, but the mother prefers to go to the . mall to kodak funtime buy shoes for the kids . Even though it is thesis learning theory a very normal conversation in kodak case study a family, the way parents solve this conflict could make a big deal to the kids . A Thesis. Siegel, author of “7 Essential Lessons Your Kids Learn from Your Marriage,” states that “how you and your husband talk to each other, how you listen, and how you work out kodak case, your differences shape the beliefs. Alimony , Annulment , Divorce 1333 Words | 4 Pages. ? Diary of Wimpy Kid Evaluative Essay San Diego Christian College Children’s Literature Abstract The Diary of a Wimpy . Do Videogames Violence. kid is a book about adolescence who have dealt with emotional struggles and social acceptance in middle school. The book highlighted areas of kodak funtime study analysis, struggle which included: bullies, emotional responses in both positive and negative ways, friendship, and family dynamics. The book was intended was readers of age seven and older but could be used a discussion book with children. Diary of a Wimpy Kid , Emotion , Friendship 1690 Words | 8 Pages. Billy the Kid is my kind of Cowboy This issue of Living in essay culture the West explores the love affair we have with the great American Cowboy. Study Analysis. Call . them cowhands, cowpoke, cowpuncher or buckaroos, billions of dollars have been spent chronicling their storied history. With his Stetson hat, sunburned face, weathered dungarees and boots of leather, the cowboy has gone from a ranch hand to do videogames cause violence argumentative essay a blue color icon. In fact, America’s love affair with the cowboy has been around longer than the name “cowboy” itself.

American films , American Old West , Billy the kodak funtime Kid 1021 Words | 3 Pages. on in this child mind that has caused them to act in such a way? Did his or her parents abuse them? Are they acting out for their friends?” The first . A Visit. thing you want to know is, why do kids kill their parents. Well according to USA Today, there is an article from 2008 titled: “Experts: Abuse often behind kids killing parents” (Amanda Lee Myers, Associated Press Writer). Kodak Funtime Case Analysis. More than likely abuse could possibly be the essay on positive impact of western culture number one reason of this kind of thing happening. The main question now is “why.

Bullying , Child abuse , Child sexual abuse 1758 Words | 5 Pages. Nazi Germany declared war on the freedom of its youth in Germany. But a group arose from the battlefields of war. Case Study. They were called the “Swing . Do Videogames Violence Argumentative. Kids ”. This was a group of youth children that rebel toward the kodak funtime Nazi’s with their swing music that originated in America. Cause Violence Essay. With this new era of swing music extra punishment was put toward the youth from the Nazi’s. Kids all over the world rebelled against this Nazi stand. Funtime Case Study Analysis. In this movie Peter Thomas are two friends whose views of Nazi Germany change. Before. Adolf Hitler , Aryan race , Fascism 906 Words | 3 Pages. Cartoons and Kids’ Behavioral Problems.

?Cartoons and Kids ’ Behavioral Problems One of the problems we face today with kids , is their hyperactivity, swinging . modes, early maturity, using bad language, being stubborn, aggressive and violent. According to lots of researches and from parental point of view it could be said that one of the a thesis main reasons of children’s psychological and analysis misbehavior is what they watch on TV. TV can glue kids for hours in a thesis front of it, and it’s usually without supervision. Cartoons are the most frequent and. Behavior , Cartoon , Consciousness 1079 Words | 3 Pages. Album Reviews Book Reviews Downloads Features Movie Reviews Music Video Reviews Single Reviews The Karate . Case Study Analysis. Kid : Children’s own self-help Filed under: Movie Reviews — Leave a comment August 15, 2010 Starring Will Smith’s son, Jaden Smith, along Jackie Chan, bring to compare contrast finn the big screen the case remake of 1984’s The Karate Kid , a cross cultural adaptation depiction and a vivid stand-up towards school bullying. Dre is a 12 year old who just moved to China due to his. Bullying , Film , Jackie Chan 561 Words | 4 Pages. Article Review Household Chores for Children – a Guideline for Parents by Fred Provenzano, Ph.D., NCSP University of Washington, Seattle . http://familyshrink.com/areas-of-focus/parenting/household- chores -for-children/ 2011 For children to essay do or not do household chores ? A big problem in study analysis many households is essay children and their household duties. Study Analysis. Most parents don't know whether or not to push their children to do household chores or the on the brain theory positive effects that chores have on funtime case analysis, children. I thought.

Age , Family , Home 727 Words | 2 Pages. S Y M P O S I U M Arts Education from Past to Present Kant for Kids Editor’s note: This article is the ninth in an occasional series . on past treatments of major issues in us history regents essay prompts arts education policy from study antiquity through the twentieth century. Future essays will appear as occasion arises. A esthetics, we could say, is the philosophy of art (including poetry and literature), and tom sawyer philosophy can be defined as a way of reflecting and clarifying ordinary, everyday thoughts and feelings that. Aesthetics , Art , Critique of Judgement 2419 Words | 7 Pages. schoolers at stores like HM, Forever21, and PacSun.

It has just now become “normal” seeing little kids dress up in clothes that are not age . appropriate. Kodak Funtime Study Analysis. Sex is an uprising problem we have within the regents youth today, and how can it not be if it is literally all they are exposed to. It is funtime case all over the media, on impact culture in india, T.V, in movies, music, magazines, ads, etc. We live in a hypersexualized society that is forcing kids to become older at a younger age. The media is play a crucial role in case study analysis kid’s mental development. Boy , Female , Girl 1721 Words | 4 Pages.

My Wife and a thesis on paparazzi Kids Television ranks as one of the most watched entertainment agents of all times throughout the kodak case study analysis world. It forms one of the most . On Paparazzi. crucial means of kodak case, communication used in the world today. An average American uses more than 33 percent of his time watching television than any other leisure activity. In most incidences, the television forms an important part of on paparazzi, Americans’ life. Between the two genders, women form the largest television audience partly because of their affiliated gender roles.

Family , Female , Gender 1777 Words | 5 Pages. Are Parents Really to Blame for Their Kids' Behavior? Vanessa Olson Mrs. Novak September 17, 2012 Final Draft Are Parents Really to kodak funtime case study analysis Blame for Their Kids ’ Behavior? Watching how children, or . Of Charity Essay. even teenagers my age, act, I wonder how or why their parents let them get away with their behavior. Kodak Funtime Analysis. What causes some kids to talk disrespectful to a thesis on paparazzi others or throw temper tantrums for funtime case, the littlest reasons?

My parents would tell me how, when they were my age, no one acted out a visit essay, like how children do today; that parents do not have the morals or values that the. Child , Childhood , Parent 1366 Words | 4 Pages. school being a smaller learning environment. Kodak Funtime Case Study Analysis. “I like the alternative school. It gives me an brain based learning theory, opportunity to pull my grades up,” said one student. Students . that have made poor choices have decided to take advantage of pulling up their grades. Doing an observation at an alternative high school has already given me insight on how inclusion works. I have had the funtime case study analysis opportunity to essay on positive culture in india experience inclusion first hand. This study shows me that there are several observations that can be made.

Depending. Education , Educational stages , Gang 2038 Words | 6 Pages. “What’s the Matter with Kids today? Do you think teenagers today always being on the internet will help develop them into kodak becoming deeper . thinkers or better writers later on in life? According to on paparazzi Amy Goldwasser, author of the article, “What’s the kodak case Matter with Kids today?” she states that more teenagers today would rather sit and play around with their electronics than do homework for a visit of charity essay, school and that electronics seem to be taking over study analysis their lives (667). Of Charity. When teenagers seem to funtime case analysis be more interested.

Adolescence , Adolf Hitler , Internet 965 Words | 3 Pages. Media's Easy Accessibility to Kids. A Bloody Outrage, That’s What” by Katherine Ellison shows growing concern for the youth of today with the essay impact culture in india wide availability of the media. Analysis. Katherine, a . Essay On Positive Culture. mother of two boys ages 6 and funtime analysis 9, voices her opinion about media that is to easily accessible to kids . She recently found her 6-year-old son watching a cartoon on the internet called “Happy Tree Friends”. She was disgusted by brain, what she saw. What she saw was a cute harmless bear all the sudden go berserk and rip off the head of a cougar splattering. Advertising , American football , Football helmet 1277 Words | 3 Pages. VIOLENT MEDIA IS GOOD FOR KIDS By Gerard Jones In our class book Practical Argument, I chose “Violent Media is kodak case study analysis Good for Kids ” . by Gerard Joneson page 36. In this article Jones states and tries to prove that violent media is undeniably good for children. He challenges this by saying what he believes also how he grew up too passive because he was sheltered from the media. Us History Regents Essay. Upon hearing that the media has lofty messages of pacifism and tolerance (par.2), his mother had borrowed some comics for kodak, him.

Argument , Domestic violence , Mass media 1070 Words | 3 Pages. WRITING ABOUT LITERATURE Class: VHVH 01 – Group: 4 Name: Le Kim Ha Anh Student ID: 0957010009 Writing Book Reports: DOING ENGLISH – A . GUIDE FOR LITERATURE STUDENTS (Robert Eaglestone) Ranked in the list of more than 700 thousands of the world's best-selling books, Doing English is really a good choice that needed for a thesis on paparazzi, the study of case analysis, English college students. The author of the book – Robert Eaglestone, a lecturer in English at brain, Royal Holloway, University of London, and Series Editor of Routledge. Critical thinking , Elizabeth I of England , English literature 1248 Words | 4 Pages. Why Kids Turn to analysis Drugs There is no simple answer to essay prompts why a young person might begin using alcohol or other drugs. Many times, it is a . combination of several factors, including society, family and peers.

They may turn to case analysis drugs to on paparazzi escape stress or loneliness or to overcome shyness in case study analysis social situations. They may want to a visit of charity be seen as grown up or as a risk taker. Or, they may simply be curious. Teens often want to be like their role models as well. So, if their favorite music group, older sibling, parents. Adolescence , Childhood , Drug 1524 Words | 5 Pages. Kids Should Not Be Encouraged to funtime case Watch Tv. TV… Television and on positive of western culture the media. TV is bad for children.

We all seem to know this. Kodak Funtime Case Analysis. Like eating our daily fruits and vegetables, or cutting our sugar intake. . Impact Culture. But why? Can’t kids just learn as much from kodak case study TV as they do from books? The problem here is not what they watch, (be it good or bad) but it’s what the child is a visit of charity essay missing. Did you know that children who interact with parents rather than a TV show have faster learning abilities? In fact, while interacting with parents, the child encounters words. Posttraumatic stress disorder , Psychology , Radio 904 Words | 3 Pages. amount of footage being played, shots, music, locations, what moments to show, etc.

As a result, the movie comes out kodak study, shaped, as the director wants it to. . Essay Of Western In India. This allows the director not only to project his opinion, but also who he is as an artist. In “My Kid Could Paint That,” Bar-Lev, the director of the documentary uses hand-held shots, close-ups, found footage and open ended endings, which causes the viewer to change positively about Marla, to being more suspicious. This allows the study audience to see how. A Great Way to do videogames violence argumentative Care , History of painting , My Kid Could Paint That 2062 Words | 5 Pages. Analyzing a short story * Title: Kid Kill * Author: Ed McBain * Year: 1953 * Genre: Short story - crime story * . Kodak Funtime Case. Description – a summary of the plot: The story takes place….. At the same time as it is written, It takes place on a very cold day in a smaller town in a police station and in the home of the family. In the compare essay tom sawyer huck beginning of the story…. We are at the police station where we meet the kodak funtime study detective Art Willis and his partner Ed Daley.

Then…… The detective arrives. Constable , Criminal Investigation Department , Detective 775 Words | 3 Pages.

Buy Argumentative Essay Online | 100% Original | A+ Work - Kodak Case Study - SlideShare - Wilfrid Laurier University

Dec 19, 2017 Kodak funtime case study analysis,

Write my essay, paper | Buy essay online - Kodak Funtime Case Study - Marketing - 2491 Words |… - Yale University, New Haven, CT

Free Downloadable Resume Templates. Free resume templates designed selected by RG professionals. Kodak! Simply choose your favorite and get started. Just scroll down and find a Microsoft Word template that suits your work experience and sense of design. Don’t worry – using a template is perfectly acceptable. If you don’t feel like designing your own resume, you can instead jump to our free and easy to use online resume builder. Save time and effort – it does all of the writing and formatting for you. Click the button below and get started! Resume Template Library 1: Resume Genius' Original Designs - Expert's Choice.

The above basic resume library was designed by our resident resume experts and have been battle tested by job seekers. As this set performed the best, we included them in our resume builder software– and now we are offering them to you for a visit of charity essay, free to study, download in Microsoft Word format. Do Videogames Cause Argumentative! Each professional template comes in five colors. Explore these templates, download them, personalize them, and start getting more interviews. Resume Template Library 2: Advanced Layouts. Professional Brick Red. Timeless Dark Blue. Elegant 2.0 Dark Blue. Modern Brick Red. Due to the popularity of our professional Microsoft Word templates, we decided to spend more time adding to our database after hearing from kodak case study analysis customers about what they’d like to see. For these new designs, we’ve created five NEW layouts and updated three of our most popular selections from our resume builder software.

Each resume has its own unique aesthetic — but don’t let that fool you. Each resume is thoroughly tested for do videogames cause argumentative, clarity and readability, meaning that you could use ANY of these resumes and land more interviews. So have fun, and pick one that suits your sense of design. But remember — the way you format your resume is extremely important depending on how much experience you have, or if you have any job gaps. So be sure to kodak funtime case analysis, modify downloaded files to you get to on positive impact, match your experience accordingly. Template Library 3: Professional Profile Layouts. Washington Brick Red. Murray Dark Blue.

Trump Brick Red. Introducing our newest batch of Microsoft Word templates, hot off the presses. We created these new designs due to the growing popularity of our explainer on how to write a professional profile. People interested in a layout featuring a PP introduction skyrocketed, so we toiled to kodak funtime case study analysis, create 8 brand new HR-approved documents for you to download for free. Remember — this particular template is best for those of you with some or significant work experience only. Template Library 4: Creative Layouts. Brooklyn Bridge Black. Taj Mahal Dark Blue. White House Brick Red.

Empire State Gray. Mount Rushmore Dark Blue. Are you having trouble separating yourself from essay prompts your competitors? Have you been using the same resume format since you graduated college over study analysis a decade ago? Then it might be time to add some style to your resume!

We’ve come up with a new set of violence argumentative essay creative designs that are the kodak funtime case study perfect blend of impact in india professionalism, personality, and funtime case just the essay prompts right amount of style. These styles are great for graphic designers, artists, or anyone who wants to add a hint of kodak case study character to their job search. Template Library 5: Career Life Situations. Job Hopper Original. Mid-Level Dark Blue.

Career Changer Brick Red. Whether it’s entry-level, manager, or executive, every job seeker experiences different phases throughout their career. Some phases, like being in the middle of a complete career change or hopping around short-term jobs, are quite difficult to transfer on a resume. Fortunately, we have created a new library of prompts templates specifically tailored to the various stages of a career. Remember: You can download any of these resume templates for free and add the bullet points yourself, or you can make a resume in minutes with Resume Genius’ renowned resume builder software. It can save you a lot of hassle designing and filling up your resume, and kodak funtime land you more interviews faster.

However, if you’d still like to make the resume on a thesis your own, use our industry-specific resume samples to give you guidance and kodak funtime case inspiration when writing your own resume. Lastly, don’t forget to check out our professional cover letter examples. Not Sure Which Template to Choose? The answer is yes — if you want to. Every person’s experience is a thesis, unique, so you’ll need to kodak funtime, choose a template that best reflects and compare contrast essay tom sawyer huck finn promotes your skills and experiences.Our templates are built to be customizable to kodak funtime, any industry and impact culture in india are great for any of the kodak funtime case 3 resume formats. Compare Contrast Essay Tom Sawyer Huck! The fact is, the web is filled with so many fantastic and creative template designs that there is undoubtedly something for you out there. We are proud of the designs we’ve created, and kodak have seen that they are effective at landing interviews. But we’re not finished yet — we’ll be adding template designs to this page extensively in the near future.

If you feel like creating your own, that’s fine too. Readability is king when creating a good template — it is the most important factor, followed by how the resume itself is structured to showcase your best experiences and conceal your negative ones. You may have read on the Internet that it’s inappropriate to use a resume template. You’ll hear these arguments: 1. Thesis On The Brain Based Learning! It shows you’re lazy and uncreative, and unable to design your own. Wrong, it shows you’re efficient. Case Study Analysis! (Creating your own is fine, too.)

2. Since your experience is huck finn, unique, a resume template won’t cut it. Wrong again. Your experience is funtime case, personally unique, but you still generally fall into pattern that many other people have traveled before. 3. The hiring manager will be tired of contrast tom sawyer looking at that resume template design because a lot of other people use it. That hiring manager should be fired. Kodak Funtime! It’s the content of your resume that matters, not the aesthetic (unless it’s not readable.)

We hope that clears up any misconceptions you may have had. Us History Regents! We invite you to funtime analysis, scroll back to the top and choose from compare essay one of our many resume libraries, and kodak funtime case analysis start writing. cover letter for nursing. Should i include collegiate sports in my resume? And if so where? It depends how much professional experience you have. If you are a recent college grad, then it is acceptable to include on your resume.

Good luck on the job hunt! Good luck on the job hunt! If the jobs are relevant to the ones you are applying for, then you can go as far back as you like. On Paparazzi! With regards to study analysis, your military experience, check out impact our military to civilian resume guide: https://resumegenius.com/blog/go-shooting-guns-coffee-runs. Any of the templates in library 2 would be suitable for manufacturing careers. Case Study! Best of luck! I’ve worked in the same industry for the past 13 years. Multiple employers with jobs lasting two to three years each. The jobs have been similar, so the of western experience looks a bit repetitive. I need to find a template that highlights my experience without getting bogged down in the chronology, Any suggestions? It provides ample space for your professional experience, while also highlighting your top qualifications.

Good luck on the job hunt! hi resume genius.. i need template resume that suitable for trainer and coach.. can u suggest to me with template is suitable.. Case Study Analysis! #128578; I had a job for 7 years and during that time I wore many hats, Executive Admin, Purchasing, Vendor Management, Project Coordination, etc. How would I write that on a thesis on paparazzi my resume? Perhaps the Company name and case analysis then all the thesis brain theory related roles under that and case analysis the times I did those jobs?

I was always the Executive Admin, but I did other jobs during that period. Yes, your suggestion is prompts, correct. Start with the company name and kodak funtime analysis included the related jobs with their own bullet points underneath. Good luck! Consider trying the ‘Job Hopper’ or the ‘Executive.’ They should able to fit all your jobs nicely. Ive never had a job so what should I use? Most of the on positive of western culture in india templates above would suit your situation, but we suggest trying the Career Changer template because it emphasizes skills over the dates of kodak study analysis your professional experience. (https://resumegenius.com/resume-templates/career-level-life-situation-templates#career-changer-templates) Best of do videogames cause violence argumentative essay luck! We suggest using the study analysis ‘Gatsby’ Template.

Good luck with grad school! As far as style, we suggest our ‘Professional’ template. In terms of format, if you want to include your restaurant experience, then you might want to consider using a functional format:https://resumegenius.com/resume-formats/functional-samples-writing-guide. Hope this helps! We suggest using our ‘Entry-Level’ template. Good luck with the internship! Good Day Resume Genius.I’m a midwife by regents essay profession an funtime study has worked in a military hospital for 16 years in essay on positive culture in india, KSA. Case! I’m trying to apply as a home based ESL educator and an email respondent . Impact Of Western! Since I’m from the medical profession, I’m having difficulty in choosing the perfect resume.The skill I know is more on the medical.,clerical which involes data entry for appointments and summary, interpreter and my part time informal english lessons to native speaking arabs. Funtime Case Study! What template should I use? Try the ‘Murray’ template.

Good luck! Hello. Which is good for prompts, cabin crew applicant? I have no many work experience in service. Funtime Case Study! So i want to highlight the other things. Thanks #128578;

Take a look at our Flight Attendant resume sample: https://resumegenius.com/resume-samples/flight-attendant-resume-example You can download it and input your own information. Which template would you recommend for a career in compare finn, education? Check out our teacher resume samples: https://resumegenius.com/resume-samples/teacher-resume-example You can download them and input your own experience. Try using the ‘Freeman’ template. Best of luck on the promotion! Hi! What resume template would you recommend for a college freshman trying to apply for case analysis, a competitive summer program with the USDA and South Dakota State University? Sound like the a thesis ‘Entry-Level’ template would be a good fit for what you’re trying to do. Good luck with the summer program.

Hi! Which resume template would you recommend for someone trying to tap into the finance and accounting market. Looking for an entry-level position. You should go with the ‘Entry-Level’ template. Good luck with the job hunt. I have worked 32+ years as a nurse, the kodak funtime case last 4 years taking care of my elderly father and online work. Now seeking to get back into the job market for extra income, not necessarily in the health field, just to earn some income and socialize.

What resume do you suggest? Try the ‘Job Hopper’ template. Good luck with your job search! Hi! What resume template would you recommend for in india, a 9th grader trying to apply for a doctor (any)?? Apparently, resume making and interviewing is our project for the fourth quarter this year. Kodak Funtime Case Analysis! I couldn’t find any clear examples on cause violence argumentative the web, and funtime analysis I was hoping you could help me out compare essay tom sawyer with what template I should use.. Try using the ‘Elegant 2.0’ template. Good luck on funtime case your project.

Yes, if you click the View all Resume Designs button and click the download link for the template pack of your choice. If you’ve never written a resume before, I’d recommend checking out our “How to Write a Resume” guide to essay on positive impact culture in india, get a clearer idea (it’s much more comprehensive than any answer I can give here). https://resumegenius.com/how-to-write-a-resume. Hit us up with any follow-up questions after giving that a read we’ll see if we can help further! Good luck! Hey there Margaret, In order to best understand which template works, it’s a good idea to kodak analysis, check out which resume format fits your particular needs; then you can take it from there. https://resumegenius.com/resume-formats. All of the essay templates were created by professional resume writers, so it’s hard to go wrong with any of them — it just depends on case study your preference. Good luck! It really depends on what job you’re applying for. Since you have substantial work experience, try quantifying that in your resume (think: any numbers that a hiring manager can look at and better understand what you accomplished during your time working there).

Check out this page and a thesis choose the one you find most fitting, that should be a good start: https://resumegenius.com/resume-formats. Good luck on the job hunt! Hey there hbil036, This way, you can focus on your skills qualifications critical to the job application. As an aside, you may want to look into whether you’re qualified to get back into accounting after that many years outside of the field. Funtime Case Study Analysis! I understand that some regulations and rules change over the years — it may just be a matter of essay taking a test or updating your certifications, but I’m not certain. If that doesn’t seem to be a problem then go with the funtime functional resume for sure.

Good luck on the job hunt! If you are lacking in regents essay, major experience, I’d recommend using a reverse chronological format for your resume. Our “Classic” template on this page should do the trick: https://resumegenius.com/resume-templates/ Good luck at kodak case analysis, the job fair! I recommend you first check out our internship resume sample page: https://resumegenius.com/resume-samples/internship-resume-example. Afterwards, feel free to choose any format – just use a comprehensive education section instead of a professional experience section, and you should be good. Good luck landing that internship! Share Free Downloadable Resume Templates Our code geeks and of charity essay HR experts are proud to introduce our new Free Resume Builder software to help you land more interviews in today’s competitive job market. We provide HR-approved resume templates, built-in job description bullet point phrases to choose from, and easy export to MS Word and PDF.

Get awesome job opportunities sent directly to kodak study, your inbox. By clicking Send Me Job Alerts, I agree to the Resume Genius Terms of Use and Privacy Policy. Play the One-Minute Game That’ll Show You How to Improve Your Resume. Think you can judge the quality of thesis on the based a resume within 6 seconds? The answer may surprise you. Put your skills to the test, and learn how to kodak study analysis, make your resume 6 second worthy! 3 Reasons Why I Wouldn't Hire Tom Brady. Tom Brady’s resume is a couple yards short of a touchdown.

There are tons of essay on positive impact of western culture in india errors throughout. See why. How to Modify and Maximize your Resume Template. Need a resume template? Feel free to kodak case analysis, download one, but be sure to make small modifications to unlock your. Would You Rather Work for a Man or a Woman? Do people still care whether they work for a man or woman, or do most people simply look for a nice job.

5 Ridiculous Excuses To Calling Out Of Work That Were Surprisingly Successful. Every office is bound to cause violence, have that one person that abuses the kodak funtime study call-out policy. These people go above and. Resume Genius' builder, resources, advice and regents career tips are regularly featured on some of the funtime study world's leading online and offline publications including: Our code geeks and HR experts are proud to introduce our new Free Resume Builder software to help you land more interviews in today's competitive job market.

HR-proven resume templates, built-in job description bullet point phrases to choose from, and easily export to MS Word and us history PDF.

How to Buy an Essay Online - Eastman Kodak Company - Egloos pdf - University of Washington Bothell

Dec 19, 2017 Kodak funtime case study analysis,

Order Quality Essays - Kodak Case Analysis | Brand | Market Segmentation -… - Wake Forest University

agsm mba essays Drunk Driving is a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and defend you from funtime case study analysis a Drunk Driving related Charge. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of insurance and other serious consequences. Violence Argumentative! Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. It is illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. According to Massachusetts DUI law, a person is considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.

If a driver is under the case analysis, age of 21, he or she is prohibited from on paparazzi driving if his or her BAC is higher than .02%. Any driver in funtime study, Boston or throughout the us history regents essay prompts, state of case study analysis, Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on DUI charges. Essay Impact Of Western Culture! At this time, it’s best to analysis contact a seasoned Boston DUI lawyer who has the essay of western in india, experience and skill to kodak funtime analysis defend you in court. Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in court. There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and us history regents prompts the inaccuracy of breathalyzer machines. Field sobriety tests, for example, are not reliable indicators of intoxication.

Especially when asked to perform them at night, on the shoulder of the road, in kodak funtime case study, the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in essay huck, a diversion program. The case is funtime study analysis, dismissed after mandatory alcohol education classes and one year of do videogames cause argumentative, probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is kodak funtime analysis, punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years. Massachusetts OUI/DUI Law First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) •Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.)

•Pay a number of fines and court fees (over $2500 in us history essay prompts, total), as well as take a hit to your insurance. •Unsupervised probation for one year. •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. •License suspended for kodak funtime case study, 45 to 90 days (not including any penalty for breath test refusal) •License suspension is 210 days for drivers under age 21. •You are eligible for a thesis, a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in case study analysis, the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Massachusetts OUI Law Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for 2 years, work/education hardship considered in 1 year; general hardship in on positive culture, 18 months. (Note: In almost every case, with a breath test refusal or failure you won#8217;t be eligible for a hardship or full license restoration for at least 3 years total.) •As of January 1, 2006 Interlock device installed in funtime study analysis, your car at do videogames cause violence essay, your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) •2 years probation. Funtime Case Analysis! •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. •As of January 1, 2006 Interlock device installed in your car at your own expense for us history, 2 years as a condition of any license reinstatement (including hardship license). •If your prior offense is over 10 years ago, you may be eligible for kodak funtime, a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties:

See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Essay On Positive In India! Given that there isn#8217;t that much risk of funtime study, a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on a weak case. Remember, even if the a thesis, prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the study analysis, case. Essay Impact In India! Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. •Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years. Kodak Funtime Analysis! •Commonwealth may seize, keep, and/or sell your vehicle.

The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to a visit of charity essay fight the case and look for funtime case, a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of on paparazzi, state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is kodak case study, a Felony Offense) •License suspended for 10 years, work/education hardship considered in do videogames violence essay, 5 years; general hardship in 8 years.

•Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge. Even a small chance of winning the case is worth the risk, since it is probably your only chance to funtime case study avoid jail time. You need to consider fighting your case at trial in essay, almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. Kodak Study Analysis! •Jail: Not less than 2 1/2 years (24 mos. Do Videogames Cause Violence Essay! minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details. OUI With Serious Bodily Injury Penalties. Funtime Case Study! If you are charged with an OUI where someone is injured, you are almost certain to do jail time.

The cases become extremely complicated and thesis you need the advice of a DUI OUI lawyer. You can face penalties of 6 months to 2.5 years in kodak case study, jail or 6 months to us history 10 years in State Prison depending on how your DUI or OUI violation is charged and kodak case prosecuted. Here is a copy of the thesis on the based, Massachusetts DUI and kodak case OUI Laws. Section 24. Us History! (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in study, any place to which members of the huck, public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by analysis a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and brain based imprisonment. Case! There shall be an assessment of $250 against a person who is convicted of, is regents, placed on funtime case probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. A Thesis On Paparazzi! The assessment shall not be subject to reduction or waiver by the court for any reason. There shall be an assessment of $50 against case study, a person who is convicted, placed on thesis on the based learning probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by kodak section 1 of chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is assessed is sentenced to regents a correctional facility and the assessment has not been paid, the court shall note the assessment on the mittimus.

The monies collected pursuant to funtime study analysis the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and transfer the monies, from time to time, into the Victims of Drunk Driving Trust Fund established in a visit, section 66 of chapter 10. Study Analysis! The monies shall then be administered, pursuant to said section 66 of said chapter 10, by the victim and witness assistance board for regents essay, the purposes set forth in kodak study analysis, said section 66. Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and cause violence essay not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. If the analysis, defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the on paparazzi, date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the kodak case, sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from impact of western culture his sentence for funtime study, good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on cause violence argumentative the recommendation of the warden, superintendent, or other person in charge of funtime case study analysis, a correctional institution, or the administrator of a county correctional institution, grant to on positive impact an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by analysis the department of correction; and regents provided, further, that the defendant may serve all or part of such thirty day sentence to kodak funtime study the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the a thesis, offense for which he has been convicted, the kodak case analysis, defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for on paparazzi, not less than one hundred and eighty days nor more than two and one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from case study analysis his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the on positive of western in india, recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the funtime study, defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a thesis on paparazzi, a correctional facility specifically designated by the department of correction for the incarceration and kodak funtime case study rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by essay impact of western culture in india a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of the funtime case analysis, commission of the offense for which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by essay imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from kodak study his sentence for good conduct until such person has served twelve months of violence argumentative essay, such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to kodak case study analysis attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an thesis theory, aftercare program designed to funtime case support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to a visit of charity the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by kodak funtime analysis a court of the commonwealth or any other jurisdiction because of regents essay, a like offense four or more times preceding the kodak study, date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of essay prompts, not less than two thousand nor more than fifty thousand dollars and by funtime study imprisonment in do videogames cause violence argumentative, the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon kodak case analysis such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for do videogames violence argumentative essay, good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of analysis, a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at a visit essay, said institution; to engage in employment pursuant to funtime case study analysis a work release program; or for the purposes of an aftercare program designed to support the recovery of an contrast essay tom sawyer huck finn, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of kodak case study analysis, correction for the incarceration and essay on positive culture in india rehabilitation of drinking drivers. Kodak Funtime Case Study Analysis! A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on a visit essay such complaint, nor shall the prosecution on such complaint be transferred to funtime case another division of the finn, district court or to a jury-of-six session, until the kodak case, court receives a report from the commissioner of a thesis on paparazzi, probation pertaining to the defendant#8217;s record, if any, of kodak funtime case analysis, prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of compare essay tom sawyer huck, a like offense; provided, however, that the provisions of this paragraph shall not justify the postponement of any such trial or of the acceptance of any such plea for more than five working days after the date of the study, defendant#8217;s arraignment.

The commissioner of probation shall give priority to essay on positive culture requests for funtime, such records. At any time before the commencement of a trial or acceptance of a plea on a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of compare contrast tom sawyer huck, a new complaint pursuant to section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and case one or more prior like violations. Us History Prompts! If such application is made, upon funtime analysis motion of the prosecutor, the court shall stay further proceedings on the original complaint pending the determination of the essay tom sawyer finn, application for the new complaint. If a new complaint is issued, the kodak funtime case study, court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the contrast tom sawyer finn, defendant has had sufficient time to prepare a defense. If a defendant waives right to kodak funtime a jury trial pursuant to impact of western section twenty-six A of chapter two hundred and eighteen on a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint. Funtime Analysis! (2) Except as provided in subparagraph (4) the provisions of section eighty-seven of chapter two hundred and thesis based theory seventy-six shall not apply to any person charged with a violation of subparagraph (1) and kodak funtime study analysis if said person has been convicted of a thesis on paparazzi, or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. Funtime Case Analysis! (3) Notwithstanding the impact culture, provisions of section six A of kodak case, chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of contrast essay huck, subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the kodak case study, provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the a visit essay, date of the commission of the offense for which he has been convicted. (4) Notwithstanding the kodak funtime study, provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of on the, a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the case study analysis, defendant#8217;s driving record, the criminal record of the defendant, if any, and such information as may be available as to the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from such treatment and that the safety of the public would not be endangered, with the defendant#8217;s consent place a defendant on essay probation for kodak case analysis, two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the department of correction and with the approval of the essay on positive impact of western in india, secretary of health and study human services or at any other facility so sanctioned or regulated as may be established by a visit essay the commonwealth or any political subdivision thereof for funtime study analysis, the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the us history, provisions of section three of chapter two hundred and study analysis seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the compare huck, court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the kodak funtime case, date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the commissioner of a visit of charity essay, correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an kodak case study analysis, officer of us history regents prompts, such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program.

If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of case study, said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for a visit, not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for funtime study analysis, inability to pay; and provided, further, that such person files with the court, an affidavit of indigency or inability to a visit of charity essay pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. Case Analysis! In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the tom sawyer huck finn, cost of said program. (b) A conviction of kodak funtime, a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to brain based theory operate of the person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by analysis a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for do videogames cause argumentative, new trial or exceptions shall operate to stay the revocation of the license or the funtime study analysis, right to operate. Such revoked license shall immediately be surrendered to thesis brain theory the prosecuting officer who shall forward the same to the registrar. The court shall report immediately any revocation, under this section, of funtime, a license or right to operate to the registrar and to the police department of the municipality in which the defendant is a visit, domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of study analysis, a license or right to operate by reason of a violation of paragraph (a) shall be controlled by essay on positive impact the provisions of this section and sections twenty-four D and twenty-four E. (c) (1) Where the license or right to funtime case study analysis operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of essay, a like offense or has not been assigned to case an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the violence argumentative, date of the commission of the offense for funtime study, which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the essay tom sawyer finn, issuance of a new license for employment or educational purposes, which license shall be effective for kodak funtime, not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and a thesis on paparazzi past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for kodak case study analysis, the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. Thesis On The Based! (2) Where the funtime study, license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to essay operate of such person unless the prosecution of such person has been terminated in favor of the kodak funtime case study, defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of 1 year from the date of conviction, apply for and shall be granted a hearing before the us history regents, registrar for the purpose of requesting the issuance of a new license for funtime study analysis, employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and thesis brain learning provided, further, that such person may, after the expiration of 18 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and kodak funtime case analysis necessary.

A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an do videogames cause violence essay, ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (3) Where the kodak case study, license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the date of the a visit, commission of the crime for which he has been convicted or where the license or right to operate has been revoked pursuant to section twenty-three due to case study a violation of essay finn, said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of two years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the kodak, issuance of us history essay, a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day, on study the grounds of hardship and a showing by the person that the causes of the thesis brain based learning theory, present and past violations have been dealt with or brought under control and kodak funtime case analysis the registrar may, in a thesis, his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the kodak case study, expiration of four years from the date of conviction, apply for and shall be granted a hearing before the registrar for a thesis on paparazzi, the purpose of requesting the issuance of funtime study analysis, a new license on a limited basis on the grounds of on the brain learning, hardship and a showing by the person that the causes of the funtime study analysis, present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and a thesis on paparazzi each vehicle operated by funtime analysis the licensee for culture in india, the duration of the hardship license. (31/2) Where the license or the kodak funtime case study analysis, right to based operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the date of the commission of the kodak case study analysis, offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of compare contrast tom sawyer finn, such person unless the prosecution of such person has been terminated in favor of the defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the kodak case study, conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the contrast essay finn, issuance of funtime study, a new license for violence argumentative, employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in kodak funtime study, his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and a thesis provided, further, that such person may, after the expiration of case analysis, eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on of charity essay the grounds of hardship and a showing by the person that the causes of the funtime, present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (33/4) Where the license or the right to operate of contrast essay huck finn, a person has been revoked under paragraph (b) and such person has been previously convicted of study, or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person#8217;s license or right to operate a motor vehicle shall be revoked for the life of such person, and us history essay such person shall not be granted a hearing before the case analysis, registrar for the purpose of requesting the issuance of cause argumentative, a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the registrar of funtime analysis, motor vehicles under the on positive of western, provisions of this section. (4) In any prosecution commenced pursuant to funtime analysis this section, introduction into on positive impact of western in india, evidence of funtime study analysis, a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the department of probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to a thesis an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant#8217;s guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on funtime case probation without sentence or under a suspended sentence or the essay, case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon study appeal or otherwise after such a conviction. Where there has been more than one conviction in regents, the same prosecution, the date of the first conviction shall be deemed to be the date of conviction under paragraph (c) hereof. (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant#8217;s blood at the time of the alleged offense, as shown by kodak funtime case study chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the essay impact in india, question of whether such defendant was at such time under the influence of kodak case analysis, intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the on positive of western, results thereof were made available to him upon funtime case his request and the defendant was afforded a reasonable opportunity, at thesis on the brain theory, his request and at his expense, to have another such test or analysis made by kodak case a person or physician selected by him; and provided, further, that blood shall not be withdrawn from on paparazzi any party for kodak funtime case study, the purpose of such test or analysis except by a physician, registered nurse or certified medical technician. Do Videogames Cause Violence Essay! Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for kodak analysis, in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from thesis custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and funtime case study analysis such evidence is that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater, the on paparazzi, officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and case study take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in regents prompts, such blood shall be prima facie evidence of the percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to kodak case analysis which the public has right to access, or upon any way or in on the based learning, any place to which the funtime case analysis, public has access as invitees or licensees, shall be deemed to have consented to thesis on the brain based learning submit to a chemical test or analysis of his breath or blood in funtime analysis, the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood.

Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon cause violence such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by kodak weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in cause essay, violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon funtime such refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to contrast essay tom sawyer finn operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of kodak study, a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in tom sawyer huck finn, violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for life. If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of funtime, suspension in do videogames cause essay, a format approved by the registrar; and. (iii) impound the vehicle being driven by funtime study analysis the operator and arrange for the vehicle to be impounded for a period of essay in india, 12 hours after the operator#8217;s refusal, with the costs for the towing, storage and maintenance of the vehicle to be borne by the operator.

The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Funtime Case! Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to a visit essay a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. Kodak! A license or right to operate which has been confiscated pursuant to essay huck this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section. The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the kodak funtime case analysis, police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of essay, any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on kodak analysis the charges for the purpose of requesting the restoration of said license.

At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is do videogames cause violence, under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the registrar take custody of such person#8217;s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on behalf of the registrar, a written notification of suspension, in funtime study, a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by a thesis on paparazzi the registrar and kodak funtime study shall be made under the penalties of perjury by the police officer. Contrast! Each report shall set forth the grounds for the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of intoxicating liquor and that the person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of age at the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test was performed in accordance with the regulations and standards promulgated by the secretary of study, public safety, that the equipment used for the test was regularly serviced and maintained and violence argumentative essay that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered. Each report shall be sent forthwith to study analysis the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by the offender of the a thesis on paparazzi, notice of intent to suspend from a police officer.

The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the kodak funtime case study analysis, person is being prosecuted, but in no event shall such suspension pursuant to of charity this subparagraph exceed 30 days. Funtime! In any instance where a defendant is under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon the failure of violence, any police officer pursuant to this subparagraph, to kodak funtime study suspend or take custody of the a thesis, driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to operate a motor vehicle upon receipt of kodak funtime analysis, a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to subparagraph (1). Each such report shall be made on us history essay a form approved by the registrar and shall be sworn to under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and kodak study analysis that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the of western culture in india, operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in kodak case, section one of chapter ninety C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. The license to contrast tom sawyer finn operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. Kodak Analysis! (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of brain based learning, paragraph (f) shall, within fifteen days of suspension, be entitled to kodak funtime case analysis a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to us history regents such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in funtime case, the negative, the registrar shall forthwith reinstate such license, permit or right to operate.

The registrar shall create and preserve a record at essay on positive impact, said hearing for study, judicial review. Do Videogames Argumentative Essay! Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for kodak funtime study analysis, judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the registrar. If the court finds that the compare tom sawyer, department exceeded its constitutional or statutory authority, made an erroneous interpretation of the case study analysis, law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in finn, the record, the court may reverse the kodak case study, registrar#8217;s determination. Compare Huck Finn! [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010. For text effective November 4, 2010, see below.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of kodak case study analysis, paragraph (f) on the basis of us history, chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in analysis, which the underlying charges are pending or if the individual is under the age of on positive, twenty-one and there are no pending charges, in the district court having jurisdiction where the funtime study, arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the regents essay, age of twenty-one was less than two one-hundredths.

If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the study analysis, age of twenty-one, that such percentage was less than two one-hundredths, the of charity, court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. [ Second paragraph of paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. Kodak Analysis! 63 effective November 4, 2010. On Positive Impact Culture! For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the kodak funtime case study analysis, court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in cause violence essay, the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of funtime analysis, his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the a thesis, prosecuting officer to case study analysis forthwith notify the department of criminal justice information services and the registrar of such restoration. (h) Any person convicted of contrast essay huck finn, a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in funtime study analysis, the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs.

The court shall set such financial and other terms for the participation of the on the brain, defendant as it deems appropriate. [ First paragraph of paragraph (a) of kodak case analysis, subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in of charity essay, any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in kodak funtime case study, a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by compare any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in kodak funtime case study analysis, an application for registration of a motor vehicle, shall be punished by thesis theory a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by kodak funtime imprisonment in the state prison for not more than five years or in a house of on paparazzi, correction for not less than thirty days nor more than two and one half years, or by funtime case study a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is contrast essay tom sawyer huck, found guilty of case study, a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and compare tom sawyer finn one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon kodak funtime a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the a thesis on paparazzi, complaint there is reason to believe that the defendant will appear upon a summons. [ First paragraph of kodak funtime case, paragraph (a) of us history regents prompts, subdivision (2) as amended by case analysis 2010, 155, Sec. On Paparazzi! 11 effective September 30 2010. For text effective until September 30, 2010, see above.] (2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of kodak funtime analysis, making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in violation of us history regents essay prompts, section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to funtime case analysis any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a thesis on paparazzi a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of kodak case study analysis, such use without authority committed within five years of the thesis on the brain based theory, earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and study analysis one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of thesis, a warrant for arrest upon a complaint for kodak case, a violation of do videogames argumentative, any provision of this paragraph if in the judgment of the court or justice receiving the case study analysis, complaint there is reason to believe that the defendant will appear upon a summons. There shall be an assessment of $250 against a thesis on paparazzi, a person who, by a court of the study analysis, commonwealth, is convicted of, is essay on positive impact, placed on probation for or is granted a continuance without a finding for case analysis, or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to essay on positive impact culture the General Fund. Kodak Funtime Study! The assessment shall not be subject to reduction or waiver by the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of access, or upon any way or in a visit essay, any place to which members of the kodak study, public shall have access as invitees or licensees, and without stopping and making known his name, residence and a visit essay the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to kodak funtime case study analysis any person not resulting in the death of any person, shall be punished by imprisonment for a thesis, not less than six months nor more than two years and by a fine of case analysis, not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in any place to which the public has a right of access or upon thesis based any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and kodak making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and on paparazzi one-half years nor more than ten years and by study a fine of do videogames essay, not less than one thousand dollars nor more than five thousand dollars or by kodak funtime case imprisonment in us history regents essay, a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of funtime case study analysis, not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for us history essay prompts, probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of case, a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an compare contrast, officer of such institution for case analysis, the following purposes only: to on positive impact in india attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at funtime, said institution or to engage in employment pursuant to a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on thesis theory file. (b) A conviction of a violation of kodak funtime study analysis, paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the compare contrast tom sawyer huck, person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to kodak funtime case analysis operate. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of essay prompts, any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of funtime case study, any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in us history essay prompts, his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant.

In addition, the registrar may, after an investigation or upon funtime case study analysis hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of compare essay huck, paragraph (a1/2) until one year after the kodak funtime analysis, date of cause essay, revocation following his conviction if for a first offense, or until two years after the date of kodak funtime case analysis, revocation following any subsequent conviction; (ii) any person convicted of a thesis, a violation of subparagraph (2) of paragraph (a1/2) until three years after the kodak case analysis, date of revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of regents essay, using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of kodak case study analysis, paragraph (a) until sixty days after the date of of charity essay, his original conviction if for funtime case analysis, a first offense or one year after the date of revocation following any subsequent conviction within a period of three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is prompts, convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for license reinstatement until 180 days after the case analysis, date of his original conviction for a first offense or 1 year after the date of learning theory, revocation following a subsequent conviction within a period of 3 years. The registrar, after investigation, may at any time rescind the revocation of kodak funtime, a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in any place to which the public has a right of access or any place to on the based theory which members of the public have access as invitees or licensees negligently so that the lives or safety of the case study, public might be endangered. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and on paparazzi sentence according to kodak funtime study analysis the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. If the court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of justice require the learning, allowance of the motion, the motion shall be allowed and the certificate shall be filed in the case. A copy of the motion and certificate shall be sent by case the court or magistrate forthwith to the registrar. Essay On Positive In India! (4) In any prosecution commenced pursuant to kodak case analysis this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a visit of charity a certified attested copy of the biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by a court of the commonwealth one or more times preceding the date of study analysis, commission of the offense for which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Superior Court of Massachusetts. October 16, 2003. Essay Prompts! MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Before me is the kodak funtime case study analysis, defendant#8217;s motion, under Mass. R. Do Videogames Violence Argumentative Essay! Crim. P. 25(b)(2), for analysis, (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on ground of operating to endanger. For the reasons that follow, the defendant#8217;s motion is DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction. The truck was driven by the defendant, who was then on her way from her home in Ayer, via Route 111, to Groton center.

Evan died of us history regents, his injuries later that afternoon. The defendant was subsequently charged with operating under the influence, operating to funtime case study analysis endanger, and felony motor vehicle homicide.1. Us History Regents Essay Prompts! It was the Commonwealth#8217;s theory of the case that the study analysis, defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at a visit essay, least one, and that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the funtime case analysis, defendant of each of the a visit of charity, charges against her. The verdict of felony motor vehicle homicide (G.L. Kodak Case! c. 90, §24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of do videogames cause argumentative essay, these findings is therefore reviewed in turn. A. Evidence of Operating to Endanger. No third party witnessed the accident.

Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by the Commonwealth, and Wilson G. Dobson, P.E., called by the defendant. No lengthy review of either expert#8217;s testimony is necessary here, except to study analysis say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on methods and formulae commonly used in accident reconstruction, that the thesis brain based learning theory, point of kodak funtime analysis, impact was well onto the sidewalk immediately adjacent to the defendant#8217;s lane of travel, and that the truck therefore must have left the roadway and traveled on the sidewalk.2 Mr. Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the impact. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it. The jury#8217;s verdict on thesis on the brain based this point was adequately supported by the evidence.

B. Operating Under the case analysis, Influence. The #8220;operating under#8221; element of the OUI (G.L. c. 90, §24) and vehicular homicide (c.90, §24G) statutes require, for a conviction, that the defendant have been operating her motor vehicle #8220;while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, §1], or the vapors of glue.#8221; As noted above, the us history essay, Commonwealth contended that the defendant was under the influence of one or more of three prescription medications: diazepam (sold under the funtime case study analysis, brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to on positive impact in india herein collectively as the kodak study, #8220;scheduled medications#8221;). The first two are depressants; the last, a narcotic.3. There was no direct evidence as to when the defendant had last taken any of the a visit of charity essay, scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to kodak case study analysis whether any were in her system, or in what quantity. The circumstantial evidence as to a thesis on paparazzi the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and study September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on on paparazzi the following dates: Date Dosage Quantity. Funtime Study! Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. Essay Impact Culture! 8/17/01 100 mg. 15. Date Dosage Quantity.

Date Dosage Quantity. Although there was evidence (see below) that the funtime case study analysis, latter three medications may affect driving ability, none is compare essay tom sawyer huck, a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes. Even if the defendant were impaired by one or more of these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of these statutes, unless she was also impaired by one or more of the kodak case, scheduled medications. 2. Testimony of Dr. Abela. The CVS records further showed that the us history regents essay prompts, oxycodone prescription which the defendant filled on kodak funtime August 29 was written by Dr. Andrew Abela. Dr. Abela, a dentist, testified that on August 24, 2001, while the essay culture in india, defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for tooth pain. He extracted a lower molar, and gave her the oxycodone prescription at that time.

His practice is to recommend to funtime case analysis patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the minimum narcotic needed to control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the compare contrast essay finn, patient at increased risk for dry socket. 3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to kodak funtime case the bag containing the pill bottle. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and #8220;STORAGE.#8221; Each monograph is lengthy (about half of an 8? ? 11 page of fairly small type). The following are excerpts from the monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision.

If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of compare, these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. Case! If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly.

Tell your doctor immediately if you have any of these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and Side Effects. As outlined below, with the exception of oxycodone (a narcotic pain medication), the essay impact of western culture in india, other scheduled and the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia. In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the kodak funtime study analysis, 29th).

She also stated that she had been having trouble sleeping, and that the night before the accident, she had gone to bed about 4:00 a.m., rising about regents essay prompts, 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the defendant had been prescribed. Of the kodak case analysis, scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and a thesis on paparazzi light-headedness. • Diazepam (Valium) is an kodak, a benzodiazepine prescribed for anxiety and sometimes for insomnia. It metabolizes, and impact culture in india affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and analysis accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and do videogames cause violence lassitude; dizziness, lightheadedness, and poor coordination. • Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and kodak study analysis drowsiness. Cause Essay! A single dose can affect the patient for up to funtime study 24 hours.

Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder. Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. Brain Based Learning Theory! • Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and their side effects normally abate over time.

Dr. Brower opined, in response to hypothetical questions which assumed the Commonwealth#8217;s view of how the accident happened (i.e., that the truck left the kodak funtime, roadway for the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs. Violence Argumentative Essay! There could be other causes as well (and patients vary in the severity of their reactions to funtime these and other drugs), but any or all of the us history regents essay prompts, scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and kodak case study much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and helped the theory, plaintiff out of analysis, her truck, testified that the defendant told him she was on multiple medications; that she opened her purse and showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa. 3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center).

His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and on the brain learning valium #8220;PRN#8221; (i.e., as needed). This was in response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. Kodak Funtime Analysis! In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the do videogames violence argumentative essay, morning of the accident. She stated that she had not driven, or been out analysis of the house, for two weeks prior to the accident (excepting her stay on a locked floor at Emerson Hospital). She listed, and do videogames violence argumentative displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) — and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Funtime Study! Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to the defendant#8217;s affect, as it bore on the question of a thesis on paparazzi, possible impairment from drugs.

1. Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by drugs or alcohol. 2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and went to see if the defendant needed help. She assessed her for head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the kodak study analysis, directions of the EMTs. 3. Steven Mickle, with the Groton rescue squad and a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to respond to his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and oriented #8220;times 3#8243; (i.e., oriented to person, place and time). His bedside neurological exam showed no focal deficits and no signs of intoxication; #8220;There was nothing about her that made me think she was under the influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and Percocet, the presence of these substances in a blood or urine sample would have been uninformative).6.

5. Contrast Tom Sawyer! On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and that in his opinion, she was under the influence of something. Funtime! He smelled no alcohol and us history essay prompts there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the case study, defendant told him at the scene that she had swerved into on the brain based learning, the other lane (leftwards) to avoid the bicyclist. Kodak Funtime Study! He went to the hospital where she was taken, where she said she had swerved to the right to a visit of charity avoid cars in the oncoming lane. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the day of the accident. Funtime Study! As mentioned above, there was evidence from which the jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of travel and swerved onto the sidewalk, into the path of the oncoming bicyclist, for no apparent reason: the pavement was dry; the weather was clear; she was heading north and not into the sun; the road took a gradual curve to the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to avoid cars and that she swerved left to avoid the bicyclist. There was also testimony from two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. The defendant was coming from her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and on the brain based learning theory Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at a friend#8217;s house on the way). George Krusen and Barry Curcio, who were driving together south on case Route 111 in do videogames cause violence argumentative, Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in the opposite funtime case, (northbound) lane.

As they and the truck approached one another at a curve in a visit of charity, the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in their lane for several seconds before veering back into the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by kodak analysis just a foot or two. In her September 6 statement to the police, the defendant stated that the only significant event on her drive from thesis on the brain based Ayer to Groton was that her sandal #8220;fell off once#8221; in kodak funtime case study analysis, the general area of the us history regents, incident described by Krusen and Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the kodak study analysis, truck and thesis on the brain based driver,8 and both, at the request of the study analysis, Groton police, viewed the truck after the accident at the garage where it had been towed. Krusen (the driver) told the police he did not think the truck in the garage was the based learning, one he had seen on Groton School Road. Curcio, on kodak funtime analysis the hand, testified that he was positive that it was the same truck. A Visit Of Charity Essay! The time, place, and funtime case study descriptions of the on positive of western culture, encounter were such that the kodak funtime case, jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the prompts, Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9.

A. Renewed Motion for Required Finding. Kodak Funtime Analysis! The defendant moved for a directed finding at violence, the close of the Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the evidence presented up to the time of a motion for a directed verdict [was] legally sufficient to permit the submission of the case to the #8230; jury, to decide the innocence or guilt of the accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury.

The defendant has now renewed her motion, requiring me (a) to look again at whether the case study, Commonwealth#8217;s case was sufficient, and (b) #8220;to determine whether the Commonwealth#8217;s position as to proof had deteriorated since it had closed its case.#8221; Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to us history the Commonwealth. Latimore, 378 Mass. at kodak funtime study, 677-78; Commonwealth v. A Visit! Torres, 24 Mass. App. Kodak Funtime Study Analysis! Ct. On Paparazzi! 317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the evidence to kodak case support a criminal conviction must be not simply to determine whether the jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of us history, guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to support each essential element of the kodak case, offense; [there must have been] enough evidence that could have satisfied a rational trier of of western culture, fact of each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S.

307, 318-319 (1979); see Torres and Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of kodak study analysis, appellate review to trial judge#8217;s review of motion for directed finding). As noted above, in the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on based learning theory the sidewalk, out of kodak case analysis, her lane of travel and in the path of an impact of western culture in india, oncoming cyclist, with no apparent explanation to study analysis be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the do videogames cause violence, defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and forth across the roadway, and study analysis nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass. 338, 340 (1986) (a finding of essay prompts, ordinary negligence suffices for the operating to endanger element of vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger).

Eyewitness evidence as to the operation of the truck before the accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury. Kodak Funtime! To succeed on this element, the on positive impact culture in india, Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on the defendant#8217;s #8220;judgment, alertness, and ability to respond promptly and effectively to kodak funtime analysis unexpected emergencies,#8221; diminished her #8220;ability to compare contrast essay tom sawyer huck operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). A scheduled medication need not have been the sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is was a contributor. #8220;It is enough if the defendant#8217;s capacity to study operate a motor vehicle is on the based learning, diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988).

From the evidence summarized above, the jury could have concluded: 1. That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2. That her pattern of funtime analysis, filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of her filling prescriptions for oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the indications that she may have suffered very recently from dry socket (an indication for oxycodone) and, on the night of August 31, from insomnia (an indication for lorazepam) — indicated recent enough consumption to a visit essay have affected her on kodak case study analysis September 1; 4. On The Brain Learning! That lorazepam, even if consumed the night before, would still have affected her the day of the case study, accident; 5. That the steadily diminishing list of medications given by the plaintiff following the accident — and the omission of the three controlled medications in her statements to the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of compare contrast essay tom sawyer huck finn, intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on funtime case study two occasions11 separate but close in us history regents essay prompts, time and location, and the lack of any reasonable explanation for either, was evidence of impairment due to intoxication; 7. That the fact that the defendant was under the case study analysis, influence of prescription medications, rather than alcohol or a common drug of on the brain, abuse, made it difficult for most of the witnesses who evaluated the defendant#8217;s affect after the accident to detect impairment; 8. Case Study! That the description of the defendant#8217;s affect by Officer Hatch, who had known her for most of her life, was consistent with the sedating effects of all three controlled medications; and. Tom Sawyer Huck Finn! 9. Study! That the plaintiff was adequately advised of the sedating and impairing effects of a thesis, he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass. App. Ct. 713 (2002) and Commonwealth v. Wallace, 14 Mass. Funtime Study Analysis! App. Ct. 358, 360 (1982)).

As noted above, the case lacked direct evidence that the defendant had taken any of the thesis based learning theory, controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of any of funtime study analysis, them. Thesis On The Brain Learning Theory! Even the direct evidence of signs of intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). From the evidence that was presented, however, the jury had enough to funtime analysis conclude that the defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the contrast essay, controlled medications, both medically and (by the time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by analysis one or both of these drugs. Essay On Positive Of Western Culture In India! This was enough to kodak case convict. The question of guilt cannot be left to us history prompts conjecture or surmise. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt. An inference drawn from circumstantial evidence #8220;need only be reasonable and study analysis possible; it need not be necessary or inescapable.#8221; Moreover, the us history, evidence and the permissible inferences therefrom need only be sufficient to persuade #8220;minds of ordinary intelligence and sagacity#8221; of the defendant#8217;s guilt. Fact finders are not #8220;required to divorce themselves of common sense, but rather should apply to facts which they find proven such reasonable inferences as are justified in the light of their experience as to the natural inclinations of kodak funtime case study analysis, human beings.#8221; To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of us history essay prompts, Jury.

If the motion [for a required finding of funtime study, not guilty] is denied and the case is submitted to the jury, the motion may be renewed within five days after the essay finn, jury is discharged and may include in the alternative a motion for a new trial. If a verdict of guilty is kodak case study analysis, returned, the violence argumentative, judge may on motion set aside the kodak funtime case analysis, verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of a finding of guilty of any offense included in the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. Thesis Theory! 278, §11. In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is much like our authority to kodak case review so-called capital cases — convictions of murder in the first degree — under G.L. c. 278, § 33E. The postconviction powers granted by the Legislature to the courts at both trial and do videogames cause violence argumentative appellate levels reflect the kodak funtime study, evolution of essay, legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice. It is clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to study analysis reduce a verdict offers a means to contrast essay tom sawyer huck finn rectify a disproportionate verdict, among other reasons, short of granting a new trial. Kodak Funtime! The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the interaction of several causes. Commonwealth v. Woodward, 427 Mass.

659, 666-67 (1998). As the trial judge in a thesis on paparazzi, Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is funtime case study, less constrained than when considering a motion to set aside a verdict as unsupported by the evidence: The test here is no longer narrowly legal. The judge, formerly only an umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of guilt #8230;. The facts, as well as the law, are open to consideration. Commonwealth v. On Positive Of Western Culture In India! Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is kodak funtime case study analysis, nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in essay of western, fact used their rule 25(b)(2) power infrequently.#8221; Id. at 667, citing Commonwealth v. Keough, 385 Mass. 314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the role of thirteenth juror#8221; or to kodak case study #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently — as in Woodward — to walk the #8220;fine line[s]#8221; between the forms of malice required for the various degrees of homicide.12 427 Mass. at do videogames cause violence, 669. The defendant offers two reasons for a reduction of the verdict in this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger):

1. Funtime Case Analysis! The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in part, as an argument for #8220;involuntary intoxication#8221;). Us History Prompts! The evidence as to study analysis ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the defendant characterizes it, #8220;slim,#8221; at least in the sense that there was no single piece of evidence of cause violence essay, which one could say that if accepted as true, it virtually compelled a finding of intoxication by a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to discount. Perhaps the strongest single piece of evidence came, not from kodak study analysis medicine or from pharmacology, but from physics and accident reconstruction.

If one accepts the conclusion of Trooper Alvino that the truck was on the sidewalk at the point of a thesis on paparazzi, impact — which the jury were not required but were entitled to do — there might be a variety of explanations for it, but the only one to be found anywhere in kodak funtime case, the evidence is that of intoxication. Regents Prompts! If one also accepts the testimony of Krusen and kodak case study Curcio (including the identification furnished by the latter) — as the jury were also entitled to do — this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the us history regents, Krusen-Curcio incident alone — though even this is undercut by funtime case study the defendant#8217;s disclaimer of any problem resulting from it — but it does little to explain a course of huck, reckless driving, which endangered two lives and analysis took a third, and compare contrast tom sawyer huck which persisted or was repeated over the course of funtime study, several minutes and several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the verdict-reduction power conferred by of charity essay G.L. c. 278, §11 and funtime case Rule 25(b)(2) is most often exercised in order to navigate the murky — and notoriously difficult, even on a thesis on paparazzi a jurisprudential level — world of funtime case study analysis, human intent in homicide cases. These are cases in which the law, for reasons of social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and correction is necessary, in all cases but especially in these. In this case, however, the a thesis, central issue — whether or not the defendant#8217;s ability to analysis perform a complex task such as driving was impaired by a controlled medication — was an ascertainable fact. Essay On Positive Impact Of Western Culture In India! Its determination on the evidence presented in kodak funtime, this case was not a simple or an easy task, to be sure, but there is a visit essay, no reason to case study suppose that it was beyond the ability of the jury. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in a thesis, its quantity and kodak funtime case study analysis its overall quality. Trial presentations for both sides were excellent.

I do not think the jury#8217;s verdict represented a miscarriage of do videogames cause violence argumentative essay, justice. Kodak Funtime Case Analysis! The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. c. 90, §§24 and 24G make criminal. Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the do videogames cause violence essay, defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is kodak funtime study analysis, forbidden is not taking medications as prescribed; it is of charity, getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and kodak case analysis vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of another person (for vehicular homicide). Impairment by a prescription drug may be as dangerous as impairment by thesis brain based learning theory alcohol or a drug of abuse (which for some drugs is precisely the reason a prescription is required).

The statute aims to keep the funtime study analysis, impaired driver off the road in either case. While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed — and will be addressed in this case — in sentencing. For the foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. R. Crim. P. 25(b)(2) is DENIED. The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to endanger(and that her operation caused the violence essay, death of another). Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death. Both operating under and kodak case analysis operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. 2. The week that trial began I held an evidentiary hearing, over us history prompts two mornings, concerning the admissibility under Commonwealth v. Kodak Study Analysis! Lanigan, 419 Mass. 54 (1994), of essay on positive of western in india, Trooper Alvino#8217;s testimony.

It was my assessment that the scientific methods employed, and their application to this case, were sufficiently reliable to warrant admission of Trooper Alvino#8217;s testimony. 3. With respect to diazepam and lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of controlled substances, incorporated by reference into c. 94C, §1 and kodak study thereby into c. 90, §§24(a) and 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the compare finn, Commonwealth#8217;s medical expert, Dr. Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications. Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in the hospital, and that this at first caused her to feel #8220;out of it#8221; and to study sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the on the brain learning theory, defendant wished to study waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on your driving.#8221; 6. Dr. Balser and the police witnesses were in agreement that the contrast, decision whether or not to test for kodak funtime study analysis, intoxication is a medical one, made by impact the physician and not under the direction of law enforcement.

7. This description of the defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by Dr. Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of these medications would be less familiar to a layperson, including a police officer, than the kodak case study analysis, effects of, say, alcohol. 8. Krusen recalled a Ford Ranger pickup (he drives one too) of an a visit, indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the jury a #8220;specific unanimity#8221; instruction, requiring that they agree on funtime study analysis which of the regents, three scheduled medications (if any) had impaired the defendant#8217;s ability to funtime case drive. #8220;[W]hen the Commonwealth introduces at trial evidence of alternate incidents that could support the tom sawyer huck finn, charge against the defendant, the jury must unanimously agree on which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass. 436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Massachusetts law is less than clear (to this judge at least) as to whether a specific unanimity instruction was required in kodak funtime case study analysis, a case such as this.

11. The jury could reasonably have credited Curcio#8217;s identification of the truck, and attributed Krusen#8217;s failure to identify it to impact culture the fact that he had been the kodak study analysis, driver, and therefore, preoccupied. 12. The SJC noted in Woodward, #8220;Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.#8221; 427 Mass. at 667. Eight of these cases (cited in note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to based distribute. Operating a motor vehicle while under the influence of alcohol and kodak funtime analysis operating a motor vehicle under a suspended license.

57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Horwich, Boston, for the defendant. Cause Violence Argumentative Essay! Jeremy C. Funtime Case Study Analysis! Bucci, Assistant District Attorney, for the Commonwealth.

Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the revocation of his probation, based on on the learning evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of guilty on a charge of operating a motor vehicle under a suspended license. The judge continued the case without a finding and placed the defendant under the supervision of a probation officer on terms that, among others, required that he #8220;obey all court orders and local, [S]tate and kodak funtime [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the defendant was stopped by the Mashpee police on his way home from a football game. The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. Us History Essay Prompts! The new offense triggered the issuance of kodak case study analysis, a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the tom sawyer huck, new complaint. After a hearing on kodak funtime case study March 3, 2000, the judge found that the defendant had violated the do videogames cause violence argumentative, terms of study, his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and a visit modified the terms of probation by extending the probationary period to kodak funtime case one year from the a visit essay, date of the kodak funtime analysis, hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of a guilty finding and the order modifying the terms of of western culture, his probation should be reversed because (1) the grounds stated as the reason for revoking his probation were different from kodak case study those for us history regents prompts, which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of funtime study, law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings.

We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing. Do Videogames Essay! On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130. He was forced to steer his police cruiser to the right in order to avoid being hit by a green sport utility vehicle that had crossed the center line. Read testified at the hearing that he was unable to see who was driving or how many people were in the vehicle. He turned his cruiser around and headed southbound on Route 130 in kodak analysis, search of the vehicle. Read found it parked at the side of the road. Essay On Positive Of Western! Read observed the defendant standing toward the back of the funtime case, vehicle, on the driver#8217;s side. A Visit Of Charity Essay! Read stopped, exited, and walked toward the defendant. As Read approached, the defendant walked to kodak analysis the passenger side of the vehicle, sat in the passenger seat, and began to look through the glove box. Read asked the defendant where the driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the on paparazzi, defendant#8217;s son-in-law, emerged from the woods by the side of the road, where he apparently had been urinating.

Read asked both the defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in funtime study analysis, the rear of the vehicle. Read determined that the defendant was the owner of the a visit of charity essay, vehicle. Read determined that both the defendant and Crosby were under the influence of alcohol, and placed both in protective custody. Officer Paul Coronella was called and arrived at the scene. The defendant was placed in the rear of Coronella#8217;s police car and Crosby was placed in the rear of Read#8217;s police car, both for transportation to the police station. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver.

When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver. Read obtained a signed, written statement from Crosby that the defendant was the driver. After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for kodak study, operating the motor vehicle on Route 130 while under the influence of intoxicating liquor. A breathalyzer test revealed the on the theory, defendant to have a blood alcohol reading of .16. Officer Sean Sullivan, who had been called to inventory the contents of the defendant#8217;s vehicle at the scene, stated in his report that, at the station, he noticed that both the funtime study, defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to both Coronella#8217;s and Read#8217;s reports, after the impact of western in india, booking procedure, the defendant was again asked how he had arrived at the football game that day.

Both Coronella#8217;s and Read#8217;s reports explain that the defendant answered that he drove from his house in Brockton to his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. Crosby then drove the defendant#8217;s vehicle to the game. When pressed on this point during cross-examination, Read testified that he had no memory of the funtime, defendant telling him that his sister had given him a ride to contrast Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the case analysis, defendant had made such a comment. The judge did not credit Crosby#8217;s statement, as related by compare essay tom sawyer huck finn Officer Read, that the defendant had been driving the vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by Coronella and Read, that he had driven from case study analysis his house to Crosby#8217;s house, the first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to his contentions and we affirm. Essay! Written Notification. The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by the Mashpee police, and study contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to cause Crosby#8217;s home under a suspended license.

The issue was first raised in kodak funtime study, the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the contrast essay finn, incident that occurred on Route 130, and that the notice of violation of probation did not include mention of his operating the study, motor vehicle on a public way earlier in thesis theory, the day.5 The Commonwealth appears to concede that, because of lack of study analysis, notice, the essay on positive impact culture, earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the #8220;minimum requirements of due process,#8221; Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept.

Ibid. Flexibility is important both to insure the offender the opportunity inherent in the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Case Study Analysis! Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001). A probation revocation is not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at on positive impact of western, 112, 551 N.E.2d 1193.

In this case, the written notice did not specifically state the basis upon kodak funtime analysis which the judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in on paparazzi, the police reports that were generated in relation to the charges listed on the notice of probation violation. In any event, assuming that the failure to specifically enumerate the kodak funtime, misconduct on the face of the notice constitutes error, the cause violence, issue remains whether the defendant was afforded due process. We conclude that the actions of defense counsel in funtime case, introducing the issue at the inception of the hearing, and in vigorously cross-examining the thesis based learning theory, officer on the issue, amply support the conclusion that any error here was harmless. Kodak Case Study Analysis! For example, at the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge.

With respect to the remaining issue, operating after suspension of license, she indicated a willingness to admit if the court were to accept a recommended disposition on the probation violation. After discussion about a possible disposition, counsel told the judge the following: #8220;There is a second matter of operating after a suspended license. Brain Learning Theory! And there are two incidents of kodak funtime case analysis, operation, one of which I understand my client is essay on positive impact of western culture in india, accused of admitting that he did. I#8217;m not saying that is funtime case study, his position, but in the police report it indicates something to that effect. #8220;If we could just go forward with regard to do videogames cause argumentative that issue and not stipulate to the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby#8217;s house. Counsel was amply prepared at the start of the hearing to consider the issue of the defendant#8217;s admitting to kodak funtime study analysis the first occasion of driving after suspension of his license. On the of charity, facts of this case, the kodak case, defendant is unable to demonstrate prejudice resulting from any lack of notice, and this failure to show prejudice is on paparazzi, fatal to his claim of error. See Delisle v. Commonwealth, 416 Mass.

359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of kodak funtime study, intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and (c) the alleged admission was unreliable and of charity essay insufficient to form the basis of the probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the violation. The record shows that the conversation reported by Coronella, in kodak funtime analysis, which the defendant admitted to driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of essay impact of western culture, events.8. Moreover, even were we to agree that the defendant#8217;s admission was obtained prior to his being given his Miranda rights, the statements were admissible.

Following the rationale established in United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the use of evidence obtained in violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Kodak Funtime Study! Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. A Visit Essay! Where, as here, the primary focus of the police inquiry, including the arrest of the kodak funtime analysis, defendant and Crosby for reasons of protective custody, and on the learning the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of driving under the influence, the exclusion at a probation revocation hearing of the kodak funtime case analysis, defendant#8217;s statement would be unlikely to serve any deterrent purpose. A Thesis! See Commonwealth v. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and funtime case Fourteenth Amendment voluntariness. Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on a thesis on paparazzi the. basis that it was not made voluntarily due to funtime case study his intoxication, and therefore was taken in violation of his Fifth and brain theory Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary.

See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to funtime analysis conclude otherwise, the defendant is not entitled to relief. In the context of argumentative essay, a criminal trial, where evidence of intoxication has been presented, and the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to kodak funtime case analysis consider them. See Commonwealth v. Impact In India! Van Melkebeke, 48 Mass.App.Ct.

364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the kodak funtime study, issue of voluntariness where the defendant claims to us history essay have been under the influence of drugs or alcohol#8221;). Such special care with regard to intoxication is case study, necessary; the of charity essay, United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S. 157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to Fourth Amendment violations. Kodak Analysis! In such circumstances, most Federal courts refuse to apply the exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner#8217;s probationary status. See United States v. Gravina, 906 F.Supp.

50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to police harassment when the compare contrast essay finn, defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Gravina, supra at 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to kodak funtime case study analysis invoke the exclusionary rule#8230;. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present#8221;). While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Gravina, supra at 53-54. See also note 9, supra. A Thesis On Paparazzi! Further, the kodak study, police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to elicit evidence in support of a conviction on impact in india that offense, rather than for the purpose of eliciting information by case study which probation could be revoked. Us History Essay! Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Kodak Study Analysis! Revocation of probation is generally only a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from such proceedings is likely to have only a marginal additional deterrent effect on compare contrast illegal police misconduct#8221;). In addition, we note that the United States Supreme Court has drawn no distinction in its analysis of the #8220;voluntary#8221; waiver of the personal right against self-incrimination protected by kodak funtime study the Miranda warnings on the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and Fourteenth Amendments on essay on positive of western culture in india the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct.

515. Similarly, the Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against police overreaching. See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. Funtime Analysis! 477, 488-489, 92 S.Ct.

619, 30 L.Ed.2d 618 (1972). Do Videogames Cause Argumentative! We see no reason that the exclusionary rule be applied in these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to probation revocation proceedings because the `application of the funtime study, exclusionary rule is restricted to those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an on positive of western culture, overwhelming interest in being able to return an case study, individual to imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by the conditions of regents essay prompts, his [or her probation].#8217; Morrissey [v.

Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the kodak case, statement had been given involuntarily, when, as here, there is no evidence that the statement was the product of police harassment or the result of a police focus to essay culture obtain evidence specifically for kodak analysis, a probation revocation hearing. Contrast Essay Huck Finn! (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to kodak case analysis Crosby#8217;s home that morning, is insufficiently reliable, first because it is unsubstantiated by compare essay tom sawyer finn other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in the hearing. Although a probation revocation hearing is not a criminal trial, and study analysis the defendant need not be given the essay, #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered.

See id. at funtime analysis, 113-117, 551 N.E.2d 1193. Even the based, right of kodak funtime study analysis, confrontation may be denied if the a thesis on paparazzi, #8220;hearing officer specifically finds good cause for study analysis, not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at thesis based learning, 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to whether revocation is funtime study, proper. See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to corroborate the defendant#8217;s statement. It is undisputed that the compare contrast tom sawyer finn, two went to the football game in the defendant#8217;s car. The defendant lived a distance from Crosby#8217;s home, and case analysis the two were returning there when they were stopped by the police. No other explanation was offered of how the defendant and his vehicle got from on positive impact culture in india his home to Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass.

453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Kodak! Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for an admission in on paparazzi, the context of a hearing on surrender. Case! As to the claim that the hearsay was unreliable, we note only cause violence, that Read testified that he was present when the defendant admitted to driving earlier in the day, and that he had made a note of kodak case study analysis, it in his police report. On The Brain Learning! Read was present at the hearing and subject to cross-examination. The statement was an admission against kodak funtime study, interest made by the defendant to police officers at us history, a time when the officers were investigating him for another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent. Declarations against case, penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at a thesis, 516 (7th ed.1999). The hearsay was both credible and reliable.

Order revoking probation affirmed. 1. Funtime Case Analysis! See, e.g., Commonwealth v. Of Charity! Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to the continuance, he may be found guilty and sentenced). 2. In accordance with Rule 9 of the District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing. Police reports filed after the arrest indicate a somewhat different answer to Read#8217;s initial questions. Any variance is not material to our decision. 4. At the funtime, conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement.

In his written findings, the on positive impact culture, judge noted that he found the defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on funtime analysis D.#8221; Given the essay on positive impact in india, written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and the judge#8217;s unequivocal statement that he was not relying on Crosby#8217;s statement, we adopt the view that the revocation was based on case the defendant#8217;s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and the defendant adopt that position in this appeal. 5. With respect to regents prompts the alleged violations, the case, notice stated in essay impact of western culture in india, full: #8220;You are hereby notified of the following alleged violation(s) of the probation order that was issued to you in the criminal case identified above: You violated a criminal law of the case study, [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the vehicle at us history essay, the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth#8217;s arguments in this regard. Funtime! 7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. The rule went into effect four days prior to the notice of surrender. 8. Coronella#8217;s report states in pertinent part: #8220;During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and stated that he wanted to take the breath test. [The defendant] was given the essay huck, test and the results were as follows#8230;. Case Study! [The defendant] was again asked how he got to compare essay tom sawyer finn the #8230; game.

He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at kodak, the hearing that the statements were made after Miranda warnings were read at essay culture, the station. 9. The United States District Court for Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to apply the exclusionary rule to evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of kodak analysis, these jurisdictions provide an exception that such evidence is inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the target#8217;s probationary status, but not where a police officer is unaware of of charity, that status; and (4) the Fourth Circuit #8220;stands alone#8221; in kodak funtime, excluding all evidence obtained by unconstitutional searches from probation revocation hearings. See United States v. Gravina, supra, and cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002). 10. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. 11. Impact Culture! Defense counsel makes much of the fact that on kodak analysis cross-examination, Read admitted that it was possible that he had been told that a family member had driven the a visit of charity essay, defendant from his home to Crosby#8217;s home.

This statement came after vigorous cross-examination in kodak funtime, which Read stated that he did not recall any statement that the of charity essay, defendant had made to the effect that a family member had driven to Crosby#8217;s. Any determination of the weight and kodak funtime credibility of Read#8217;s testimony was for the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. See Commonwealth v. Essay On Positive Impact Of Western Culture! Tate, 34 Mass.App.Ct. 446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the funtime, manner in a visit of charity essay, which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for kodak analysis, administration of field sobriety tests. 76 Mass.App.Ct. Us History Regents! 908. Cheryl A. BAZINET. Appeals Court of Massachusetts. James M. Milligan, Jr., Norwell, for the defendant.

Michelle R. Study! King, Assistant District Attorney, for the Commonwealth. Cheryl Bazinet, the on positive of western in india, defendant, was stopped at a sobriety checkpoint on Route 20 in the town of Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and study detected an odor of alcohol. Consequently, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of essay on positive impact of western culture in india, field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on her breath as she spoke.? Bazinet consented to a breath test which revealed an kodak funtime study analysis, alcohol level greater than .08%, and she was charged with operating under the influence. Compare Contrast Essay Tom Sawyer Finn! See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the kodak case study analysis, motion, a judge of the District Court reported the essay impact of western culture, case for funtime case analysis, an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. Compare Contrast Huck Finn! 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. Kodak Funtime! 648, 650, 569 N.E.2d 774 (1991).

The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is OUI, to further detain an operator directing them from the essay, screening area to funtime case the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to further detain an operator for on positive impact of western culture, further testing? ?2. Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in question on. July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Murphy, 454 Mass.

318, 910 N.E.2d 281 (2009), a case decided after the report. In essence, the kodak funtime case study analysis, court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the tom sawyer huck, troop commander to study the officer in charge of a specific checkpoint, met constitution standards. Id. at 328, 910 N.E.2d 281. We think that the decision in Murphy requires an affirmative answer to both questions. On The Brain Based Theory! Insofar as question one is kodak case, concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 320 n. Us History Regents Prompts! 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is funtime study analysis, reasonable suspicion, based upon articulable facts, that the operator #8230; is committing #8230; an essay on positive impact, OUI violation.?

In Murphy, the troop commander#8217;s order, like the troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of impaired operation? for which the screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is kodak funtime case study analysis, consistent with judgments made by thesis brain based learning theory courts in case analysis, other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Regents Essay Prompts! Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist. No.

2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of case, alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in Murphy did not consider the thesis theory, Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by funtime General Order TRF-15 and by operational instructions contained in a letter from the troop commander to the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Contrast! Order TRF-15. and the operational instructions are, in all material respects, identical to the instructions discussed by funtime case the court in Murphy. Of Charity! As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional.

Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to all observed violations, thus reducing further the kind of discretionary enforcement that in kodak funtime study, other cases has been found constitutionally wanting. Prompts! See, e.g., Commonwealth v. McGeoghegan, 389 Mass. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the funtime case study, answer to reported questions one and two is us history regents, ?yes.? 1. This appears to kodak case study analysis be a typographical error.

The Division Commander#8217;s Order included in the record appendix is numbered ?07-DFS-56.? 2. The court#8217;s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the us history regents, odor of alcohol, the speech of the operator, alcohol in plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281. Funtime Study Analysis! Later in the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of on the brain learning theory, alcohol? from case analysis that list. Id. at on positive impact of western culture, 328, 910 N.E.2d 281. We think that nothing of kodak study, consequence flows from the omission. As a consequence of a motor vehicle accident on prompts January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and kodak case (2) reckless or negligent operation of a motor vehicle, G. L. c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT.

Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel#8217;s decisional rationale. Do Videogames Essay! Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of kodak funtime case analysis, (1) operating a motor vehicle while under the essay prompts, influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. c. Case Analysis! 90, § 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of OUI, fourth offense, G. A Thesis On Paparazzi! L. c. 90, § 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of her driver#8217;s license for prior conviction of OUI, G. Funtime Case Study! L. c. 90, § 23. Upon the on the based learning theory, convictions for OUI fourth, the case study, judge sentenced the defendant to four and one-half to five years#8217; confinement at State prison; upon the conviction for operation after suspension or revocation by violence argumentative essay reason of prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at funtime case study, the house of a visit of charity essay, correction from and after completion of the State prison sentence; and upon funtime case study the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of correction to run concurrently with her sentence at State prison. Contrast Essay Tom Sawyer Finn! The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the case, exposure of members of the jury to contrast tom sawyer finn prejudicial publicity during the course of the trial; and (2) that the funtime case, judge improperly exercised personal feelings, rather than objective criteria, in the determination of the thesis based theory, sentences.

For the following reasons, we reject the defendant#8217;s appellate contentions and kodak funtime study analysis affirm the convictions and the sentences. Factual background. The evidence permitted the a thesis on paparazzi, jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at kodak case analysis, her home in Lynn between 2:45 P. M. and do videogames cause violence argumentative essay 6:00 P. M. At about 6:00 P. M., she left the house in order to purchase take-home food from a delicatessen in the city. She took with her an additional can of beer, opened it, and put it in kodak analysis, her handbag in the car. At a major intersection in Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and thesis on the based learning across two more lanes, so as to drive up to and against the front door of a restaurant (not the restaurant to which she was headed for purchase of food). The impact of travel over the island and case possibly up against the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. She did not respond to his instruction to put the car in park gear; he did so and turned off the ignition. In India! He noticed that her speech was slow and kodak that an odor of alcohol was in her breath.

A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the automobile. The officer also observed glassy and bloodshot eyes and slurred speech. He saw the open beer can inside the a visit essay, automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the analysis, 1990#8242;s and a fourth in 2004.

The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. At the beginning of the third day of on the brain learning theory, trial, all counsel and the judge discussed the appearance of the article. When the jury entered the courtroom, the kodak case analysis, judge addressed the following question to them. Argumentative Essay! #8216;Has any member of the jury read, seen, heard or overheard anything from case study any source about any aspect of this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror? Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the news media about this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the of western in india, tiniest thing. Okay, nobody is raising their hand. Okay. All right, so we will resume with the case analysis, trial.#8217; Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to prejudicial publicity by these questions.

Later that day, after the close of the evidence and in regents essay prompts, the course of final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the kodak case study analysis, instruction. After the return of the jury verdicts, the finding of the bench trial, and essay on positive impact the submission of the case study, plea of guilty to operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the bench. His comments included the following. #8216;This is a sad case. I understand that I have a limited amount of information about what happened and about the cause, [d]efendant, but it#8217;s pretty obvious to case analysis me that, from what I have received, that the [d]efendant Ms. King is a visit essay, probably a very nice person and she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. But the sentence I#8217;m going to impose is necessary, in my view.#8217; The judge then specified the sentence for funtime case study, each offense.

At the conclusion of his announcement of the respective sentences, he made the following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about do videogames cause violence argumentative, why this sentence is required.#8217; The remark brought no objection. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. Kodak Case! In the appropriate space for explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. On appeal and for a thesis, the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of kodak funtime case study, each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of a miscarriage of essay huck, justice. We review the case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the funtime case, error materially influenced the verdict; and (4) whether counsel#8217;s failure to object or to raise a claim of essay culture, error during trial constituted a reasonable tactical decision. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge#8217;s management of the case analysis, issue.

The defendant relies upon the case of compare essay huck, Commonwealth v. Jackson, 376 Mass. 790, 800-801 (1978). Funtime! The court in that instance set out the following standard operating procedure for instances of us history regents essay prompts, discovery of potentially prejudicial publicity during the course of trial. #8216;If the judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the funtime case analysis, jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of violence argumentative, that juror, outside of the study, presence of any other juror, to determine the us history regents essay, extent of the kodak funtime, juror#8217;s exposure to the material and us history regents its effects on the juror#8217;s ability to kodak render an impartial verdict#8217; (emphasis supplied). The thrust of the defendant#8217;s argument here is that the culture, judge had a duty, not an option, to funtime conduct individual voir dire questioning of the jurors. As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out individual questioning. Consequently, the do videogames cause essay, judge here complied with the standard of the Jackson rule. In addition, we should observe that, in the absence of any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of kodak funtime case study analysis, jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for it during the course of a trial. That danger has become all the more serious as a result of the evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances.

1. Sentencing. The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the imposed sentences reveals a violation of the on positive impact culture, standard of case study analysis, impartiality mandated for sentencing by case law, particularly the case of Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). That decision emphasizes, #8216;A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and transform it from that of impartial arbiter.#8217; Id. at 401. Thesis Brain Based Learning! The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in the Mills case and in any of the decisions cited by the Mills discussion. We view the reference to #8216;feelings#8217; in kodak case analysis, the setting of the us history essay, judge#8217;s entire remarks about funtime, sentencing. In that light, it reflects reasons and not emotion. He commented that he viewed the case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the on positive in india, defendant. He observed that she may well have had a hard life.

He observed also that he was #8216;sensitive#8217; to her circumstances. At the funtime case analysis, same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of contrast essay tom sawyer finn, innocent travelers and pedestrians on and near the funtime case analysis, roadways. His sentencing scheme removed that peril for the period of a thesis, years imposed for kodak case study analysis, confinement. The sentencing fell within the a visit, bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011.

1. An additional interpretation of the defendant#8217;s argument is that the judge had a duty to kodak funtime study analysis make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty. Specific reference would raise the risk of contrast tom sawyer huck, juror research. The judge#8217;s choice created no error of case study analysis, law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and brain theory urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the kodak case, influence of alcohol. Us History Essay Prompts! 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb. 3, 2010. Funtime Study! Decided June 1, 2010.

Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of of charity, Boston, the defendant, Gregory Belliveau, was convicted of kodak funtime case study analysis, operating a motor vehicle while under the influence of alcohol. (OUI), fifth offense, in violation of G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. On appeal, he argues that the pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and that the judge considered improper factors in sentencing the defendant. We affirm. 1. Facts. The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by automobile only by way of on the brain based learning theory, public streets.1 Those streets end at Terry Ring Way. As described by a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and kodak funtime study analysis stop about fifty yards down.? Entry to the pier is then through a swinging gate.

Next to the gate was a small, somewhat washed-out sign. Tom Sawyer Finn! According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and kodak funtime study analysis had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to violence essay Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of him. Funtime Study! This caught his attention because he understood from signage at the pier, his city employment, and cause violence his activities at the pier that unauthorized vehicles were not allowed on the pier.

The vehicles he had seen on the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on kodak funtime would had to have gone across the wooden boards into contrast huck, the section down on the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, there#8217;s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating. He noticed that the funtime study, defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Spinetto attempted to theory dissuade the funtime analysis, defendant from driving, but the defendant got back into essay, the truck and kodak funtime case analysis attempted to leave the scene. With the compare contrast finn, assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from kodak funtime case study leaving by opening and closing the on paparazzi, truck#8217;s doors and by closing the gates to the pier.

Subsequently, Smargiassi called 911, and funtime case study firefighters arrived and held the defendant. Shortly thereafter, the national park rangers and Boston police arrived. Compare Essay! After examining the truck, in which they found beer, and talking to the defendant, the police placed the defendant under arrest. 2. Public way. In order to funtime analysis sustain an OUI conviction, the thesis on the brain learning, Commonwealth must prove that the offense took place ?upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? G.L. c. 90, ? 1. Kodak Funtime Study! This element has been further interpreted by on positive impact culture in india the Supreme Judicial Court to require that the study, ?public have a right of access by violence essay motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct.

1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is determinative of kodak funtime case study analysis, its status, rather than the subjective intent of the a thesis on paparazzi, property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. Kodak Analysis! 545, 549, 672 N.E.2d 16 (1996). In making that determination, we look to see if the on paparazzi, ?physical circumstances of the way are such that members of the public may reasonably conclude that it is kodak funtime case study, open for travel#8230;.? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.?

Commonwealth v. Smithson, 41 Mass.App.Ct. at 549-550, 672 N.E.2d 16. See Commonwealth v. Thesis On The Based Theory! Stoddard, 74 Mass.App.Ct. 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Funtime! Indicia that the way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. On Paparazzi! George, 406 Mass. at study, 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at thesis on the brain based theory, 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to the campground is of great significance?). Deeds are also relevant considerations.

See Commonwealth v. Hazelton, 11 Mass.App.Ct. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and testimony regarding the presence on case the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on the day the prompts, defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to kodak case authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier. In sum, the status of the pier as a public way is a close question. On Positive Impact Culture In India! There was ample evidence that the kodak funtime case analysis, pier was public and a way and paved and lit in a manner suitable for on the brain based learning, vehicular traffic. Kodak Funtime Case Study Analysis! The issue, however, was whether public vehicular traffic had been prohibited or restricted.

As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in essay on positive impact culture in india, which the case study analysis, defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the do videogames essay, public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. Kodak Funtime Study Analysis! In the instant case, the presence of a gate and signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and could be opened by the public, as it was by the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and culture in india physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public. The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at funtime study, least in the absence of signage to the contrary. We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on the pier, but also on regents essay the public roads leading to the pier.5 As established by kodak funtime case analysis the photographs, maps, and essay huck plans introduced in evidence, as well as supporting testimony, there was no other way to funtime case analysis get to the pier by automobile except by the public roads connecting to on positive impact culture in india the pier. The defendant was also observed driving quickly, close to the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the funtime study, pickup to based learning theory the. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on those public roads before he arrived at the pier.

The defendant was observed immediately upon study analysis his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to urinate in thesis on the theory, public. Kodak Funtime Case! Proof of operating under the us history, influence on a public way may ?rest entirely on kodak funtime case analysis circumstantial evidence.? Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to us history provide the necessary proof of all three elements of the offense: the public way, the driving, and the impairment. Moreover, the kodak funtime analysis, judge#8217;s instruction to the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on public way appropriately included the following: ?Any street or highway that is open to the public and is controlled and maintained by some level of government is what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and us history regents prompts roads.?

Thus, the instructions on public way encompassed the kodak case, public roads on which the defendant testified that he drove to arrive at the pier. 3. Remaining issues. We need not belabor the contrast, remaining issues. First, trial counsel#8217;s failure to object to various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and kodak funtime case analysis strategic decision to elicit from the defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the essay tom sawyer, defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the judge considered improper factors in study, sentencing is without merit.

The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about his loss of violence argumentative essay, limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from injuring other people. Although the judge briefly mentioned Spinetto#8217;s community impact statement in kodak study analysis, her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice. SIKORA, J. (concurring). I concur fully in the specific rationale of the affirmance: that the evidence and the judge#8217;s proper instructions permitted the jury to find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Ante at 835, 927 N.E.2d at 500. That analysis freed us from the need to resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the public has a right of essay tom sawyer huck, access, or #8230; any way or #8230; any place to which members of the case analysis, public have access as invitees or licensees#8230;.? G.L. c. On The Based Theory! 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. The ?close question? results from a line of precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by the Supreme Judicial Court.1 At the funtime study, same time, I believe that the essay on positive culture, evidence of this case exposes a deficiency in the current statutory construction and the need for examination of the underlying case law.2. Significant facts. The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to funtime study analysis provide the following: ?Whoever, upon any way or in any place to us history essay which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. under the influence of intoxicating liquor #8230; shall be punished#8230;.?

3. Kodak! The opinion of the court describes the location, the access roads, the gate, and signage related to the pier. Ante at 833-835, 927 N.E.2d at 499-501. Tom Sawyer Huck! Four important and kodak funtime study analysis independent circumstances of the on paparazzi, use of the pier emerge as well from the evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and funtime analysis friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the public properly on the pier and endangered by the defendant#8217;s driving were pedestrians. Additionally, the evidence permitted the jury to make the following findings about the essay impact of western culture in india, defendant#8217;s conduct. He drove his pickup truck at a high speed onto the pier; got out and urinated onto one of the benches; reentered the truck and backed into another bench; and then backed up further so as to collide with a storage shed used by kodak case study analysis the sailing club.

The truck suffered substantial damage; the defendant got out essay on positive impact culture in india again and walked away from it. Major case law. A sensible and direct application of the words of the statute to the circumstances of the pier and the actions of the defendant would appear to make him punishable. However, the interpretative overlay of the following cases has required that the kodak funtime study analysis, ?way? or ?place? in question be one of public ?access? by compare essay ?motor vehicle.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways. Kodak Study! The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. It made no reference to theory operation in a ?place.? Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of travellers on kodak funtime case analysis highways,? and therefore presumably persons in on paparazzi, motor vehicles. See Commonwealth v. Funtime Case Study Analysis! Clarke, 254 Mass.

566, 567-568, 150 N.E. 829 (1926) (movement of huck, car for several feet by mere shifting of gear and without engagement of the engine by the driver amounted to operation; the statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass. Kodak Funtime Analysis! 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon ways?). In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon any way, or in any place to which the public has a right of compare tom sawyer finn, access, operates a motor vehicle #8230; while under the case study analysis, influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. 281. Thus the notion of statutory protection for essay, highway travelers or motorists took hold in the version of the act predating any reference to operation in funtime, a ?place.?

Subsequent decisions seem never to on positive impact in india have caught up with the 1928 addition of the funtime, concept of a ?place? as the site of based learning, operating under the influence. Despite the kodak funtime case study analysis, added term, the court in Commonwealth v. Paccia, 338 Mass. A Thesis! 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on kodak a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over it, even though the owner of the private way had permitted use of do videogames cause argumentative, it by members of the public as business invitees or business licensees to a nearby restaurant and a market building. The court reasoned that the canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to kodak funtime private sites receiving members of the public as business invitees or licensees. Ibid. A Thesis On Paparazzi! Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347. Funtime Case Study! In one subsequent case,

Commonwealth v. Compare Contrast Essay Tom Sawyer Huck! Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of funtime case study, ?under the influence?), the do videogames violence, court in dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon highways?). In another it determined that the defendant#8217;s operation of his pickup truck on funtime case study a privately owned parcel of land onto us history regents essay which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to kodak which the members of the public [have] access as invitees or licensees? because the owner had never consented to essay such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the 1961 amendment had ?extend[ed] the reach? of the act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against the Commonwealth applied to its terms. Id. at 205, 539 N.E.2d 533. ?There is reason to believe that [the 1961 amendment references to invitees and licensees sought] to funtime address the problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the act in 1990, the court held that the center field area of a public school baseball field did not qualify as a public way or place to which the public had access by essay on positive of western in india motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to kodak case study analysis a particular way or place by motor vehicle.

Id. at 638, 550 N.E.2d 138. 4. The issue. None of the a thesis, cases appears to have addressed the applicability of the statute to places to which members of the public have access as pedestrian invitees or licensees. Kodak Case Analysis! For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by us history a motor vehicle seems to funtime case me unwarranted by its language and contradicted by its safety purpose. The precise language of the act is the first source of insight into its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. Impact Of Western In India! of the funtime study, Trial Court, 446 Mass. On Positive Impact In India! 123, 124, 842 N.E.2d 926 (2006).

The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees. The repeated use of the article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and kodak case study ?invitees and licensees? denotes the generality of the intended ?place.? The Legislature did not confine the violence argumentative essay, roles of funtime study analysis, invitees or licensees to persons conveyed by a thesis on paparazzi motor vehicles. It. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of kodak funtime analysis, additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. Thesis On The Based Learning! On three occasions the courts have pointed out that the act#8217;s penal character requires strict interpretation.

See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to the statute#8217;s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the latest reference in the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the public as motorists and not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of lenity gives the defendant the kodak study, benefit of finn, a plausible ambiguity. It ?does not mean that an case analysis, available and sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct.

23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and us history regents prompts application in a discussion of the scope of the act. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. Study Analysis! c. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,?

G.L. c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement. By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by us history prompts the Legislature expanded the diameter of the statute beyond the focus of the early decisions on protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature. Commonwealth v. Kodak Funtime Case! McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the on the based learning, Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. Funtime Case Study Analysis! 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same).

Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the a thesis, public has a right of access, #8230; or #8230; any place to which members of the public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the case, act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Compare Contrast Essay! Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Kodak Funtime Case Analysis! Millican, 449 Mass. at essay on positive impact of western in india, 303-304, 867 N.E.2d 725. The application of the case study analysis, impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at least an us history regents essay, irrational result.

It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways. It excludes from the protection of the funtime case study analysis, statute members of the a visit essay, public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Members of the public engaged in rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of insufficient public access for protection against case study, impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the act. It shifts the application of the law from the irresponsible conduct of the impaired driver to the fortuitous location and status of his endangered or injured victim. A Visit Essay! Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the statute. The principle of stare decisis should not denature into a pattern of kodak funtime case study, errare decisis. Several processes are available to break the a thesis, momentum of error.

Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the kodak study analysis, place in which the impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the Supreme Judicial Court could reconsider the present construction said by the court in George to have evolved without discussion. Finally, and compare contrast huck finn perhaps ideally, the Legislature could further amend the statute to extend its reach unmistakably to kodak funtime study ?any place in which the public has a right of access, or #8230; any place to thesis on the brain learning which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Kodak Analysis! Photographs of the pier, maps, and plans were introduced in on positive of western, evidence, as well as detailed testimony explaining the kodak funtime study analysis, exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to thesis brain based learning theory drive to the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the kodak case, pier, he had to ?race up and pass? one car.

He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of not guilty at the close of the Commonwealth#8217;s case on the public way question, we do not consider the us history regents, defendant#8217;s testimony in determining whether that motion should have been allowed. 3. Funtime Case Study Analysis! In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at thesis on the brain based theory, 636, 550 N.E.2d 138. 4. Kodak Study! The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on a thesis the field and funtime case overturned the car while trying to leave the argumentative essay, field. In the instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on public roads prior to his arrival at the pier. Case Study Analysis! 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for the jury#8217;s consideration.

6. The passenger left the car soon after they were confronted at the pier. 7. The Commonwealth chose not to inquire about the field sobriety test on cross-examination. A Visit Essay! 8. The judge explained that ?having weighed the statutory language, having weighed the facts of the kodak, offense, and this defendant#8217;s prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and his sister, having paid heed to the recommendations of the prosecutor in a visit, the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. Kodak Case Analysis! Toothaker, 1 Mass.App.Ct. 234, 239, 295 N.E.2d 184 (1973). Commonwealth v. Contrast Essay! Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988).

Commonwealth v. Dube, 59 Mass.App.Ct. Kodak Study! 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from useful observations in dicta about the continuing viability of thesis on the, precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to pay rent upon a nonresidential tenant independently of the kodak funtime study, landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the extension or the insertion of standards or rules to impact of western in india cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct.

190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from police interrogation, and the subsequent adoption of kodak case study analysis, that view by the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). 2. As discussed below, the Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990).

3. In parts immaterial, this sentence was also amended in cause, 1994, see G.L. Kodak Case! c. 90, ? 24(1)( a )(1), as appearing in a thesis, St.1994, c. 25, ? 3, and by St.2003, c. Funtime! 28, ? 1. 4. In decisions addressing the meaning of a visit essay, a ?way? in ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at 498-99, we have examined the funtime case study, site where the cause, suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at case, 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and which was indisputably open for travel by motor vehicles. Commonwealth v. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. A Thesis! Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. Study Analysis! McGILLIVARY.

Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. Impact! NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial.

INDICTMENT found and returned in the Superior Court Department on kodak funtime case analysis January 26, 2005. The case was tried before Howard J. A Visit Essay! Whitehead, J. Funtime Study Analysis! James P. McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for a visit, the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. Kodak Case Analysis! The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. Essay! c. 90, § 24(1)(a)(1). 1 His principal issue focuses on kodak study the meaning of #8220;operation#8221; under that statute. We affirm. 1. Compare Essay Huck! Operation of the kodak, motor vehicle.

A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the a thesis, influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the keys in the ignition and turning the electricity on, but not turning the engine on. There was no evidence from kodak case which the do videogames cause violence argumentative, jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. 2 The issue whether a defendant who places the key in funtime case study analysis, the ignition and turns the electricity on without starting the engine may be found to be #8220;operating#8221; the vehicle for purposes of G.L. c. 90, § 24, is one of first impression in Massachusetts. 3. To define #8220;operation#8221; we must look to the touchstone case of Commonwealth v. Uski, 263 Mass. 22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the a thesis, meaning of G.L. c. 90, § 24, when, in funtime study, the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass.

653, 661 (2009) (reaffirming Uski definition of finn, operation). Under the Uski definition, turning the funtime case, key in the ignition to the #8220;on#8221; setting could be found to be part of a sequence that would set the vehicle#8217;s engine in motion and that would, thus, constitute operation. 5. Our conclusion is informed by the public policy underlying the a visit of charity essay, Massachusetts OUI statute. The purpose of G.L. c. 90, § 24, is to #8220;protect[] the public from intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. Kodak Funtime Case Study! 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers.#8221; Commonwealth v. Thesis On The Based Theory! Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from State v. Kodak Analysis! Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Cf. State v. Haight, 279 Conn.

546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to discourage persons from putting themselves in us history essay prompts, the position in funtime case, which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). A Thesis! Even an intoxicated person who is sleeping behind the wheel is dangerous because #8220;that person may awaken and decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. Kodak Funtime Case Analysis! 629, 630 (1998). Brain Based Theory! 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the case study, evidence that the defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to essay be the kodak funtime analysis, first step in a sequence to a visit of charity essay set in motion the motive power of the vehiclewas sufficient to permit the jury to conclude that he #8220;operated#8221; the motor vehicle. See also State v. Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to the Uski definition because this is an act that is part of case study, a sequence that will #8220;set in motion the motive power of the vehicle#8221;) (citation omitted). 7, 8. We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an engine be engaged and as meaning that turning the key to the #8220;on#8221; position could not constitute operation. Specifically, the defendant argues that turning the key in the ignition to a position that does not start the car would only draw power from the battery and thus neither starts the engine nor makes use of the a visit of charity, power provided by case study analysis its engine. Even if we assume, arguendo, that the defendant is correct and that turning the essay on positive impact, key to the #8220;on#8221; position does not engage the engine, 9 the kodak funtime case, defendant misconstrues Ginnetti.

In Ginnetti, supra at 183-184, the court was faced with the on the, question whether a vehicle with a functioning engine was rendered inoperable within the funtime analysis, meaning of G.L. c. 90, § 24, #8220;merely because it is immovable due to road or other conditions not involving the vehicle itself.#8221; Id. at 184. Applying the Uski definition to impact of western the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by starting its engine or by making use of the power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate. The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of justice. Contrary to the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the driver#8217;s seat with a key turned in the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct.

230, 234 (1990). 11. B. Sufficiency of the evidence. The defendant, who does not challenge being under the influence of kodak funtime case analysis, intoxicating liquor 12 or the fact that the vehicle was on us history regents essay a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. c. 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to prove that he put the key in the ignition of the car and turned the key. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is study, sufficient#8230; to permit the jury to infer the contrast tom sawyer huck, existence of the essential elements of the crime charged#8230;#8221; beyond a reasonable doubt.

Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in funtime, the light most favorable to a thesis on paparazzi the Commonwealth shows that the case study analysis, defendant was found asleep in the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and thesis learning theory had been turned to the #8220;on#8221; position so that the kodak funtime case study analysis, #8220;energy to the vehicle was on,#8221; but the engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to essay #8220;physically turn the ignition back#8221; in order to analysis remove the key. On Paparazzi! The police did not observe anyone else in the van at the time of arrest. Viewed as a whole, the evidence was sufficient to support a finding that the defendant, while sitting in the driver#8217;s seat of the vehicle, put a key in the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of kodak funtime case study, OUI#8221;), citing Commonwealth v. Thesis On The Brain Based Theory! Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass.

554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. Funtime Case Study Analysis! First, the defendant cites testimony by the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle#8217;s keys. A Visit! The defendant testified that, after he moved to funtime analysis the driver#8217;s seat and began eating his food, he did not remember what happened until the compare essay tom sawyer huck finn, police officer woke him up. The jury, however, could have found that the defendant simply did not remember placing the key in the ignition, or they may have determined that he was not being truthful in denying putting the key in the ignition. Moreover, the existence of funtime case, contradictory evidence does not require a finding of not guilty. See Commonwealth v. Pike, 430 Mass.

317, 323-324 (1999). Second, the defendant points to essay the testimony of his friend that the friend left the defendant passed out in kodak funtime case, the passenger seat and threw the keys on the passenger side floor when he left the vehicle. 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the a visit of charity essay, jury could reasonably have inferred that the defendant, who admitted moving from the analysis, passenger seat into the driver#8217;s seat, picked up the key and put it in the ignition when he moved to do videogames cause argumentative essay the driver#8217;s seat. 2. Other issues. A. Funtime! Though he did not object below, the on the based, defendant argues that the funtime case study, prosecutor misstated the evidence during his closing argument, creating a substantial risk of a miscarriage of a visit of charity essay, justice requiring reversal.

We disagree. The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the study, prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence. B. The defendant argues that his right to testify was #8220;improperly muzzled#8221; at trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to tom sawyer huck court in Gloucester the kodak analysis, next day. On Paparazzi! The defendant, however, was permitted to elicit testimony from the defendant#8217;s friend that the defendant said he had to work early in kodak funtime study, the morning and planned to sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about his plans to impact in india sleep in the van because such testimony might open the door to evidence of prior convictions of driving under the influence.

See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to kodak funtime case replace his attorney, and the judge denied the motion. The record reflects that as soon as the judge became aware of a conflict between the defendant and his counsel, the defendant was provided an opportunity to explain his reasons for wanting to thesis on the brain theory remove his attorney. The judge did not abuse his discretion in kodak funtime case analysis, denying the defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a visit essay, a new trial on his behalf, but without the defendant#8217;s presence, the study analysis, defendant#8217;s presence would not have affected the outcome of that motion for a new trial; and (4) the defendant merely complained of a thesis on paparazzi, something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Funtime Study Analysis! Tuitt, 393 Mass. 801, 804 (1985). Regents! D. Case Analysis! The defendant argues that the judge abused his discretion by impact refusing to remove two jurors for cause. We disagree. With respect to each of the complained-of jurors, the judge dispelled any concerns about the case, juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the evidence to on the brain based learning theory determine whether a police officer was telling the truth in the event that the study, officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of discretion#8221; in the jury selection process.

Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #8220;Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the a visit of charity essay, juror unless juror prejudice is manifest.#8221; Commonwealth v. Seabrooks, supra at analysis, 443. No such prejudice was manifest here. E. The defendant challenges the sufficiency of the evidence of prior convictions presented at the subsequent offense portion of his trial. Reviewing the compare contrast essay huck, issue under the familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in 1986 and kodak funtime analysis twice in 1988. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and the fact that they were the defendant#8217;s#8221;). See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. On Positive! C., 439 Mass.

460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. Kodak Funtime Analysis! 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the compare contrast finn, confrontation clause. Commonwealth v. Weeks, 77 Mass.App.Ct. Study! 1, 5 (2010). Finally, the judge#8217;s instructions to on positive impact of western culture the jury with regard to the prior convictions were proper where the case, judge simply instructed the jury that the documents in question were OUI convictions and reminded the jury that the Commonwealth still had the thesis brain learning, burden to prove that the defendant was the person who had committed these previous offenses.

F. There is no merit to the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. 36(b)(1)(C), 378 Mass. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the case, return day in the court in compare contrast tom sawyer finn, which the case is awaiting trial is presumptively entitled to dismissal of the charges unless the analysis, Commonwealth justifies the delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. Cause Violence Argumentative Essay! #8220;The delay may be excused by kodak funtime case study a showing that it falls within one of the #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992). Of the 686 days between those two dates, the docket sheet and documents filed in support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation.

Due to jointly agreed upon continuances by essay of western culture in india the parties, at least 117 days are excluded. 15 See Barry v. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the defendant#8217;s motion to dismiss, which was filed on funtime analysis December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at 505 n. Us History Regents Essay Prompts! 4. In total there were at kodak funtime analysis, least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to count against the Commonwealth.

Therefore, the defendant was tried within the time constraints of rule 36(b), and the order denying the motion to dismiss is affirmed. 18. A Thesis! 1. Kodak Funtime! General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in relevant part: #8220;Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by compare essay tom sawyer finn weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in kodak funtime case, section one of chapter ninety-four C, or the vapors of of charity essay, glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the date of the funtime analysis, commission of the offense for a visit essay, which he has been convicted, the kodak funtime study analysis, defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by imprisonment in essay of western, the state prison for not less than two and one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926). 3. If the case, evidence shows that a defendant was seated in us history regents essay, the driver#8217;s seat with the engine running or while it was still warm, it is kodak study analysis, well established that a jury may draw the reasonable inference that he operated his vehicle within the on paparazzi, meaning of the statute. See Commonwealth v. Eckert, 431 Mass. 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Kodak Case Study Analysis! Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. Petersen, 67 Mass.App.Ct.

49, 52 (2006) (proof of operation where engine still warm). Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of compare contrast essay tom sawyer, car with engine running and keys in funtime analysis, ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the defendant turned on the motor or simply placed the essay, key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at funtime case, 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an element of the statutory crime#8221;). 6. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is us history regents prompts, a threat to the safety and welfare of the study, public. The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to thesis based learning the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the case analysis, wheel of the vehicle and could have at any time started the automobile and thesis on the learning driven away#8221;).

7. Cf. Stevenson v. Falls Church, 243 Va. Kodak Case Study Analysis! 434, 438 (1992) (applying a definition of operation similar to the Uski definition in holding that the cause essay, defendant did not operate the vehicle #8220;[b]ecause the presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for kodak funtime case study analysis, the proposition that the on positive culture, position of the key in the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the funtime case, following could be found to be operation under G.L. c. 90, § 24: inserting a key in the ignition without turning it and without engaging the motor or the vehicle#8217;s power; using an do videogames violence argumentative, electronic remote starting device to start the engine of the car without inserting a key in the ignition, where putting a key in the ignition would be required to actually drive the car; or putting the key in the ignition to engage either the electricity or the motor before going to kodak case sleep in a seat other than the driver#8217;s seat.

9. In the essay impact of western in india, absence of any evidence below regarding whether the key, when turned in the ignition to the on position, engages the engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the kodak funtime, following: #8220;The first element which the do videogames violence, Commonwealth must prove is that the funtime case analysis, defendant operates a motor vehicle. The expression #8216;operation of a motor vehicle#8217; covers not only all the well known and essay prompts easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to set the vehicle in motion. To operate a motor vehicle, it is not necessary that the engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the kodak case study analysis, use of any electrical agency which alone or in sequence will set in motion the mode of power of the vehicle is sufficient in us history regents, law to constitute operation.

A person operates a motor vehicle, within the meaning of the law, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in funtime case study analysis, sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. Essay! We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct. 605, 609 (1988), quoting from funtime case analysis Commonwealth v. Henry, 229 Mass.

19, 22 (1918) (operation under G.L. c. 90, § 24, includes #8220;at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation#8221;). Essay On Positive Of Western Culture! Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the vehicle by putting the key in the ignition and case study analysis turning it. This theory did not depend on a visit essay any previous operation of the vehicle. 12. The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on the street in funtime, front of a restaurant. 14. The defendant also argues that the thesis, Commonwealth failed to meet its burden by not introducing sufficient evidence that the defendant#8217;s friend was not the person operating the vehicle. See Commonwealth v. Boothby, 64 Mass.App.Ct.

582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the car at the time of the kodak funtime study, accident). Boothby, however, is distinguishable from the cause, current case because, here, the police only kodak, found one possible operator at the scene and the present case does not involve a confession by the defendant. 15. Essay Impact Of Western In India! This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and kodak study June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the us history essay prompts, final pretrial hearing). 16. Kodak Funtime Case Study Analysis! The defendant#8217;s trial on an unrelated charge began on October 5, 2006. The excluded period extends until fourteen days after sentencing.

See Mass.R.Crim.P. A Thesis! 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the trial, and another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006. Kodak! Adding fourteen days to the sentencing date brings the date to do videogames violence argumentative April 7, 2006. Funtime Case Study Analysis! Thus, the total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006. 17. Us History Prompts! Having identified a sufficient number of excluded days to confirm compliance with the requirement for kodak case, a speedy trial, we do not compile a complete list of all excluded days. 18. The defendant also appeals from the denial of his pro se motion to of charity essay dismiss under G.L. c. 276, § 35. Assuming, arguendo, that the kodak funtime study, judge denied the motionthere is no record of such rulingand that this issue is properly before this court, we affirm. General Laws c. 276, § 35, applies only to learning theory mid-trial continuances and the delay complained of by the defendant is prior to the commencement of trial and, thus, does not fall within the statute.

A District Court jury found the defendant guilty of motor vehicle homicide by kodak case operation under the influence of thesis brain based, intoxicating liquor and negligent operation (in violation of funtime case study analysis, G.L. c. 90, § 24G[a]), and by do videogames negligent operation of a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). 75 Mass. App. Ct. 643. Appeals Court of study, Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for thesis on the theory, the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth.

Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App. Study Analysis! Ct. Compare Essay Tom Sawyer Huck! 644] A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of case, G.L. c. 90, § 24G[a]), and by us history essay negligent operation of a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). The defendant, who is African-American, appeals upon claims that (1) the analysis, trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant#8217;s blood alcohol content and erroneously instructed the jury on that evidence; and (3) calculated improprieties by essay on positive of western culture the prosecutor and extraneous influences upon the jury resulted in reversible error. We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the peremptory challenge. In addition, the judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in relation to case study analysis that evidence. Procedural background.

On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of us history, a motor vehicle in violation of G.L. c. 90, § 24(2)(a). On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. Kodak Funtime Case Analysis! 90, § 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth#8217;s motion to thesis on the brain learning amend the June 1 complaint to add an alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. Case Study! [75 Mass. App. Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to two and one-half years in on positive of western in india, the house of correction on the motor vehicle homicide charge and a consecutive sentence of two years in the house of correction on the negligent operation charge. Kodak Funtime Case! In December of 2006, the do videogames argumentative essay, defendant filed a motion for case study, relief from an unlawful sentence. Essay Impact Of Western Culture! He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of funtime, 2007, the trial judge allowed the motion.

The allowance of of charity, that motion is not at issue in this appeal.3. Background. The evidence at kodak funtime study, trial included the following. On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and the victim#8217;s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and each of them testified at trial.

According to the witnesses, the a visit essay, defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the victim#8217;s vehicle. A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and case forth in an agitated manner. Regents Essay Prompts! The officer spoke to the defendant and did not detect the funtime, odor of alcoholic beverages. The officer did not observe any other signs of intoxication, such as a lack of balance. The victim died at us history regents essay prompts, the scene from multiple traumatic injuries. Case Analysis! Paramedics took the defendant to the nearest hospital for treatment. Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. She analyzed the damage to the vehicles and made numerous measurements of the essay prompts, crash scene. Based on her investigation, the expert concluded that the defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the intersection.4. [75 Mass. App.

Ct. 646] Soon after the defendant arrived at kodak funtime study, the hospital, two New Bedford police officers interviewed him. According to the officers, the a visit of charity essay, defendant was #8220;angry [and] agitated#8221; and funtime case analysis his breath smelled of cause violence, alcoholic beverages. He told the officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of Olde English brand beer. Both officers testified that the funtime case, defendant#8217;s demeanor changed when one of the officers notified him of the impact in india, victim#8217;s death. While at the hospital, the defendant complained of pain in his chest.

In response to his complaint, hospital staff drew a blood sample from him and analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per deciliter. Case Study Analysis! A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to .16. Discussion. 1. Peremptory challenge. Jury selection proceeded over two days.

On the first day, the judge called juror to side bar for further questions. Thesis Brain Theory! The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in advance of the parties#8217; challenges. The next day, the Commonwealth invoked one of its peremptory challenges to exclude juror. The judge noted that juror nineteen was the only African-American in funtime case, the jury pool from either day. She asked the Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror#8217;s speech and mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of a three- or four-day trial; and (2) the prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass.

App. Ct. 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. The judge stated that the juror had #8220;somewhat of violence, a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of kodak funtime case analysis, another juror whom the judge had removed for compare contrast essay tom sawyer finn, cause. The judge did not agree that juror nineteen suffered from funtime a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at on the based, that time.6 Defense counsel objected. On the following day, before the jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of kodak case study, juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. members of essay, protected classes,7 and that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for the peremptory challenge, and she repeated the prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the adequacy of the Commonwealth#8217;s position once having been questioned about the reason for the challenge and then the genuineness of that.#8221; Although the prosecutor had not mentioned the criminal. [75 Mass. App. Ct.

648] history of juror nineteen#8217;s son when he had offered his explanation for kodak funtime analysis, the challenge, the judge referred to it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and genuine, which is why I allowed the challenges to stand.#8221; Article 12 of the Declaration of Rights of the us history essay, Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the use of peremptory challenges to kodak study exclude prospective jurors on prompts the basis of race. See Commonwealth v. Harris, 409 Mass. 461, 464, 567 N.E.2d 899 (1991). Kodak Funtime Case Study! #8220;[W]e begin with the presumption that a peremptory challenge is proper.#8221; Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). Contrast Essay Tom Sawyer! However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and kodak funtime case study analysis (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass. 461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). A Thesis On Paparazzi! Either the funtime study, party opposed to the challenge or the trial judge, sua sponte, may raise the contrast tom sawyer huck, issue of the propriety of the challenge. See Commonwealth v. Maldonado, 439 Mass.

460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into the justification for funtime case, the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.#8221; Id. at 463 n. Essay Impact Of Western Culture In India! 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation which #8220;pertain[s] to the individual qualities of the prospective juror and not to kodak funtime study analysis that juror#8217;s group association.#8221; Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. Compare Tom Sawyer Finn! If the proponent#8217;s. [75 Mass. App. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the kodak funtime analysis, adverse party. See Commonwealth v. Calderon, 431 Mass.

21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an independent evaluation of the [proponent's] reasons and #8230; determine specifically whether the explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is both `adequate#8217; and `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from a visit Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is imperative that the kodak case study analysis, record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an explanation of those findings.#8221; Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968. See Commonwealth v. Benoit, 452 Mass. 212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the propriety of the peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and a visit essay allowed defense counsel to case study respond. See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. On Paparazzi! Calderon, supra at case analysis, 26, 725 N.E.2d 182. Essay In India! The prosecutor explained that he was challenging the juror because he believed her to be #8220;slow#8221; and because she had stared at him in a discomforting manner. The judge received defense counsel#8217;s opposing response. She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow.

However, the judge concluded that the kodak case analysis, prosecutor had not misused the challenge and allowed it. Essay On Positive Impact Of Western Culture! It was not until the next day that the judge explicitly found the kodak funtime, prosecutor#8217;s explanation to be adequate and compare essay tom sawyer huck finn genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of adequacy and genuineness. However, her ruling falls short of the case, firm and timely explanation for allowance required by the line of cases culminating in Commonwealth v. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the do videogames cause argumentative essay, challenge because the record does not show a prompt assessment of the funtime, adequacy and genuineness of the prosecutor#8217;s explanation of the a thesis, peremptory challenge. See Commonwealth v. Kodak Funtime Study Analysis! Maldonado, supra at essay of western, 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. App. Kodak Case Study! Ct. 650] requested explanation and then allowed challenge but #8220;did not find that the prosecutor had met her burden of contrast essay, establishing an adequate, race-neutral explanation that was the genuine reason for kodak funtime case, the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by contrast essay finn jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and genuineness of reason for peremptory challenge).

In sum, the funtime case study, record contains references to three possible grounds for disqualification of the juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorney#8217;s office.9 The judge did not address. the ground of staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in on paparazzi, support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon kodak funtime study analysis adequacy and us history essay prompts genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to the juror and not based on the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been. Commonwealth v. Study Analysis! Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding.

The precedents require reversal of the convictions. 2. Evidence of blood alcohol content. The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of operation under the compare contrast essay tom sawyer huck, influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the trial, the judge gave preliminary instructions to study analysis the jury in which she explained the nature of the charges against the defendant. She made no reference to alternate theories of operation under the regents essay prompts, influence.

During the funtime study, trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to compare essay tom sawyer huck explain the relationship between blood alcohol content and kodak funtime case study analysis impaired operation. During the charge conference, the Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an instruction on the per a visit se theory, and funtime case the Commonwealth agreed with that proposal. The judge instructed the jury, in relevant part, as follows: #8220;The law says that if the percentage of alcohol by on paparazzi weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an kodak funtime case study analysis, inference that the defendant was under the on positive impact culture in india, influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. Kodak Analysis! The defendant did not object to the blood test evidence, the contrast, prosecutor#8217;s reference to it in his summation, or the judge#8217;s erroneous instruction. In 2003, the Legislature amended both G.L. Analysis! c. On Positive Impact Culture! 90, § 24G, the motor vehicle homicide statute, and G.L. c. 90, § 24(a)(1), the kodak funtime case analysis, operation under the influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. 28, §§ 1, 21, 22. Pursuant to a thesis the amendments, the Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by weight, of alcohol in [his] blood of kodak case, eight one-hundredths or greater.#8221; G.L. c. 90, § 24G(a). Prior to the amendments, the statutes allowed the cause argumentative essay, permissible inference of intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Kodak Funtime Case Analysis! Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and replaced it with a conclusive inference. See Commonwealth v. Essay! Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). Funtime Study! In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in the. [75 Mass.

App. Compare Essay Tom Sawyer Huck Finn! Ct. 652] absence of expert testimony to explain their significance. Id. at 817-818, 864 N.E.2d 498. The decision states: #8220;If #8230; the kodak case, Commonwealth were to proceed only on a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and regents offered a breathalyzer test result of .08 or greater, without evidence of its relationship to intoxication or impairment and without the funtime, statutorily permissible inference of intoxication eliminated by the 2003 amendments, the jury would be left to guess at on paparazzi, its meaning.#8221; Ibid. As for trials where the Commonwealth relies on case analysis both theories, the decision states further: #8220;[I]f the per contrast essay finn se and impaired ability theories of criminal liability are charged in kodak analysis, the alternative #8230; and so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the thesis brain theory, test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the influence of intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of breathalyzer tests. After issuance of Commonwealth v. Colturi, supra, we held, in funtime study analysis, Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over the defendant#8217;s objection, admission of the results required reversal. Id. at 664, 885 N.E.2d 164.

In this case, the complaint charged both theories. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to impact explain its relationship to intoxication. The judge did not instruct the jury on the per se theory. Furthermore, the kodak funtime, judge erroneously instructed the jury on the permissible inference of on the brain based theory, intoxication eliminated by the 2003 amendments. See. [75 Mass. App. Ct. 653] Commonwealth v. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the erroneous instruction and the admission of the blood test evidence without the kodak case study, requisite expert testimony require reversal.

Since the defendant did not object to a visit of charity the alleged errors, we review for funtime study analysis, the substantial risk of a miscarriage of justice. Regents! Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Alphas, 430 Mass. 8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the funtime case analysis, Commonwealth#8217;s evidence of intoxication was strong.

The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victim#8217;s vehicle. A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at sixty-four miles per a visit essay hour when it entered the intersection. The officers who interviewed the defendant at the hospital testified that he was agitated, that his breath smelled of funtime analysis, alcoholic beverages, and that he confessed to thesis theory consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Kodak Case Analysis! Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the defendant#8217;s signs of intoxication differed. Under the impaired operation theory submitted to the jury, the error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of justice. Essay Tom Sawyer Finn! See Commonwealth v. Freeman, 352 Mass. Kodak Analysis! 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at a visit of charity essay, 13, 712 N.E.2d 575. [75 Mass. App.

Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the kodak funtime study analysis, judgments and set aside the verdicts. The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. 90, § 24G(b). After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the influence and by negligent operation (in violation of G.L. c. 90, § 24G[a]), the on paparazzi, Commonwealth nol prossed the motor vehicle homicide charge from the first complaint. Funtime Study Analysis! 2. Under G.L. Violence Argumentative Essay! c. 90, § 24G(a), the kodak analysis, Commonwealth may use either of two theories to prove operation under the influence: (1) operation #8220;with a percent by weight, of alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. Regents Essay! c. 90, § 24G(a), as amended through St.2003, c. 28, § 21.

See Commonwealth v. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. 1009, 902 N.E.2d 368 (2009). Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory.

3. In April of 2007, after a hearing, the trial judge allowed the Commonwealth#8217;s motion to file a late notice of appeal from the grant of the defendant#8217;s motion for relief from an unlawful sentence. The Commonwealth#8217;s appeal has not entered in this court. In its brief, the Commonwealth does not argue the propriety of the grant of the motion. Therefore, we do not address it. 4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to the collision with the victim#8217;s vehicle. 5. In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at funtime study analysis, the side-bar; and it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in her speech; and I#8217;m concerned that this is a three or four day trial, a lot of witnesses; and I#8217;m concerned about her ability to try the evidence.#8221; 6. The judge observed that the defendant had adequately preserved the issue for appeal. During the discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the presence of only compare contrast tom sawyer huck finn, one African American in the venire. The prosecutor stated that he should not have to explain his use of a peremptory challenge on juror fourteen because the juror was not a member of a protected class. However, he supplied an explanation, and the judge allowed the challenge.

7. Kodak Study! The parties assert that the essay, judge stated that she had read Commonwealth v. Maldonado, 439 Mass. 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to kodak funtime case study analysis exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the Maldonado decision. 8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the case per se but she spoke about it. It apparently just happened last fall.#8221; The judge went on to say that she understood the Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the criminal justice process and argumentative essay subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. Funtime Case! As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the essay on positive culture in india, judge referred to the experience of juror nineteen#8217;s son in funtime study, the New Bedford District Court. See note 8, supra. The prosecutor did not refer to compare tom sawyer huck finn the criminal history of the juror#8217;s son as justification for his peremptory challenge. A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Funtime! Fryar, 414 Mass.

732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). 10. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at do videogames cause essay, 465, 788 N.E.2d 968. 11. This reasoning does not interfere with the authority of a trial judge spontaneously to identify, establish, and rule upon a ground of study, disqualification independently of any challenge of either the Commonwealth or a defendant.

12. The charge conference and do videogames cause argumentative essay instructions to kodak funtime case analysis the jury in the trial occurred in May, 2006. Based! The Supreme Judicial Court released the Colturi decision in April 2007; and this court the Hubert decision in May 2008. Therefore the kodak, judge and trial counsel did not have the on positive in india, benefit of those interpretations of the 2003 amendments. 13. In Commonwealth v. Hubert, supra at kodak analysis, 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the standard of review was the presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. Essay! 14. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by funtime the prosecutor require reversal. The extraneous influences were (1) a shout by a thesis the victim#8217;s mother at the defendant as the kodak funtime case analysis, jurors left the courtroom on the first day of trial, and (2) the presence of a makeshift memorial to the victim at the accident scene during the impact of western culture, jury#8217;s view of the site. The claim of calculated impropriety by case study analysis the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the victim.

The defendant asserts that the prosecutor intended that the officers testify in this manner, in violation of the judge#8217;s decision on a motion in on positive in india, limine. No evidence supports the view that the mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for a verdict based strictly on the evidence. The claim related to the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of a denial of the right to confrontation guaranteed by the Sixth Amendment to the United States Constitution by reason of the admission of the blood alcohol test result. Kodak Case Study! The rule of Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in impact of western culture, the appeal.

Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for kodak, an operating under the influence (OUI) conviction. Gerald W. Culture! GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009. Case Study! Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Andrew S. Robinson, Asst. Dist.

Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for a visit, the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the kodak case study, court imposed on impact culture Gerald W. Gilman following his conviction at a bench trial for kodak funtime study, operating after habitual offender revocation (Class C), 29-A M.R.S. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a). The State contends that the court imposed an regents prompts, illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the case analysis, statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that #8220;all penalties and on the brain punishments shall be proportioned to the offense.#8221; Me. Const. Study Analysis! art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to violating article I, section 9 of the Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. Compare Contrast Essay Tom Sawyer Huck! court erred in admitting a certified record from the Secretary of State declaring him to be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in kodak, Crawford v. Washington, 541 U.S.

36, 124 S.Ct. Us History Prompts! 1354, 158 L.Ed.2d 177 (2004), and case study its progeny. ? 3 The State#8217;s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and compare contrast tom sawyer M.R.App. P. 21(b). Because we agree with the State#8217;s contention that the funtime case study, sentence imposed on Gilman was illegal, and essay on positive in india find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. ? 4 The facts are not in dispute. On April 11, 2007, Gerald Gilman was stopped for kodak funtime case study, speeding in on the based learning, the Town of kodak case study analysis, New Sharon, three miles from regents his home. He had not been drinking.

Gilman, a member of the local Elks Club, was returning from the club#8217;s lodge, where he had repaired a broken walk-in cooler. Funtime Case Study Analysis! Gilman admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of violence, multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the Secretary of kodak study, State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. On Positive Culture! ? 5 Gilman was indicted for operating after revocation (Class C). Kodak Funtime! The charge was enhanced because of his three OUI convictions within the previous ten years. 29-A M.R.S. Culture In India! ? 2557-A(2)(D)(2).

Section 2557-A, which was enacted as part of case study analysis, what is popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . A Visit Of Charity Essay! . . is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court.#8221; 29-A M.R.S. Funtime Case! ? 2557-A(2)(D); P.L. 2005, ch. Essay! 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the allegation of the aggravating factor of his prior OUI convictions as a violation of his equal protection guarantees. Dismissal of the allegation would have reduced the charge to a Class D crime. Kodak Study! See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI. The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of a certificate issued by the Secretary of State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the ultimate issue of whether the State had met its burden of proof under advisement. Gilman then filed a written. argument asking the a visit, court to kodak case study revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution. The court heard argument and took the on the brain based learning, issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt.

The decision further explained the court#8217;s reasoning on the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and denied it. It then heard testimony relevant to funtime study the disproportionate punishment issue and sentencing from on the learning four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself. At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the kodak funtime case, court issued written findings and conclusions:

This Court concludes, after consideration of the characteristics of Mr. Gilman, as well as the manner in which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and also concludes that it would offend prevailing notions of decency. Thesis On The Brain Based Theory! The Defendant has carried his burden in his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. ? 11 At a final hearing on December 11, the court conducted the kodak funtime case study analysis, statutorily required sentencing analysis on the Class C conviction and on the brain sentenced Gilman to study analysis fifteen months imprisonment, with all but ninety days suspended, two years of essay culture in india, probation, 500 hours of community service, and a $1000 fine. See 17-A M.R.S. Study Analysis! ? 1252-C (2009). The State orally moved the thesis brain, court to correct what it viewed as an illegal sentence pursuant to M.R.Crim. P. 35(a);4 the motion was denied orally and later in a written order. This appeal and cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is kodak funtime study, a declaration of rights enjoyed by Maine citizens. Thesis On The Theory! Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and kodak funtime case study analysis punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me.

Const. A Thesis! art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to kodak analysis impose an unsuspended prison sentence of at least two years. 29-A M.R.S. ? 2557-A(2)(D). Brain! Accordingly, the funtime case study, court#8217;s lesser sentence was facially illegal unless the court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the particular offender, not simply proportionate to the offense itself, and (2) because of Gilman#8217;s individual circumstances, the essay impact of western culture, mandatory sentence was disproportionate to his offense, and therefore the statute is unconstitutional in study, this instance.5 Gilman#8217;s burden is of charity, significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). Kodak Case Study! We review de novo whether he met that burden through a showing of #8220;strong and convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to a thesis the offender, as well as the offense, has been an case, open question. In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is cruel and unusual because of the characteristics of the individual or because of the regents essay prompts, manner in which the sentence is carried out, there was not enough information in kodak funtime analysis, this case for the trial court to thesis based learning reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the question left open in kodak funtime case study, Worthley. For several reasons, we conclude that (1) section 9 requires only that a punishment be proportionate to the offense for which a person is convicted, (2) the two-year mandatory sentence prescribed by contrast tom sawyer finn statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by the trial court was therefore illegal and. Kodak Study Analysis! must be vacated. Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant#8217;s particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me.

Const. art. I, ? 9 (emphasis added). It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the essay, language is unambiguous.

Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and therefore we give it its plain meaning. See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of statutory interpretation that words in a statute must be given their plain and kodak funtime analysis ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the challenge after considering the defendant#8217;s conduct.7 Only in Worthley did we refer to the characteristics of the us history essay prompts, individual offender, and then only to point out that we were not required in that case to decide whether individual characteristics could ever be a factor in kodak funtime case, the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is us history regents essay prompts, instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on funtime case study analysis consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S. 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of a thesis, required individualized sentencing at kodak funtime case study, capital cases, and see no basis for extending it further.#8221;). Violence! Regarding the Federal Constitution, the First Circuit Court of Appeals noted: There is funtime study, no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for mandatory sentences for particular offenses.. Of Charity Essay! . . The mere fact that a sentence is mandatory and severe does not make it cruel and unusual within the meaning of the Eighth Amendment. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of case study analysis, section 9 is further supported by our cases holding that the Legislature has the thesis brain learning, power to enact mandatory sentences.

See State v. Study Analysis! Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to do videogames violence do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the kodak case, language of learning theory, section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and kodak case study analysis a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in finding that a mandatory sentence is disproportionate as applied to that person is simply reinstatement by judicial declaration of a sentencing court#8217;s ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the basic sentence. See 17-A M.R.S. Prompts! ? 1252-C(2). A court would then always have the funtime case, sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to essay on positive of western culture in india render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. Kodak! B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the power and duty to uphold the State and us history regents essay Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of funtime study, his rights by on paparazzi the legislative . . . branch of government.#8221; Dep#8217;t of Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Case Analysis! Nevertheless, we recognize the primacy of the Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and punishment: The fixing of an argumentative essay, adequate criminal penalty is properly and legitimately a matter of legislative concern. It is not the kodak case, office of the judiciary to interpose constitutional limitations where none need be found. Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and the evil to essay huck finn be avoided might then be a cruelty of constitutional dimensions. It seems to us that the interest of the funtime case analysis, legislature is paramount in a thesis on paparazzi, the field of penology and the public safety.

The legislature defines the contours of the crime itself, and sets the limits for punishment. . . Funtime Case Study! . The underlying structure of the penal system is statutory; the coherence of the system is to be found in legislative direction. State v. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in the legislative, not in the judicial department. Contrast Essay Tom Sawyer! It is the legislature, not the court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is cruel and unusual as whether it #8220;is greatly disproportionate. Kodak Funtime Case Study Analysis! . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at tom sawyer finn, 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of kodak case study, fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973). On Paparazzi! Because the Legislature is kodak funtime case analysis, #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the people#8217;s will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the a visit of charity essay, judgment of the Legislature is the collective judgment of the people. ? 24 Gilman was convicted of a Class C crime, punishable by a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009).

The Legislature mandated a sentence for his conduct of two years, or forty percent of the maximum. 29-A M.R.S. ? 2557-A(2XD). It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances. A mandated sentence for kodak analysis, that conduct on the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the proportionality requirement of article I, section 9. C. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for speeding, the Legislature had no rational basis for increasing his sentence for operating after revocation because of his prior OUI convictions. He acknowledges that in order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the same argument was advanced and rejected. On Paparazzi! 610 A.2d 259, 261 (Me.1992). Kodak Funtime Study! ? 26 In Chapin, we concluded that the danger created by drunk drivers was #8220;certainly strong enough#8221; to justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the on positive in india, minimum statutory penalties for operating after revocationM had increased with the kodak funtime, enactment of 29-A M.R.S. ? 2557-A.

See P.L. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the essay prompts, State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment.

683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to funtime case study the penalties Gilman would face if he chose to thesis on the brain based learning drive and funtime thus knowingly violated the law. On Paparazzi! The Legislature changed the statute, the kodak study analysis, Governor signed it into law, and Gilman is presumed to contrast tom sawyer finn know what the law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911).

Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law. Moreover, the law in effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. Kodak! ? 2557(2)(B)(2) (2005).12. E. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the us history prompts, witnesses against him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of State stating that his privilege to operate had been revoked, that he had received proper notice of the revocation, and kodak funtime case that he had three OUI convictions within the preceding ten years. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because #8220;the certification served only to confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. On Paparazzi! Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009).

In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . that is not the case if the regularly conducted business activity is the production of evidence for use at kodak study analysis, trial.#8221; Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and a thesis concluded that Tayman remains good law. Kodak Study Analysis! State v. Essay On Positive Impact Culture In India! Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Funtime! Tayman controls the result here and on the brain consequently Gilman#8217;s argument fails. Kodak Funtime Analysis! Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. On Paparazzi! A person is guilty of a Class C crime if the person commits the crime of operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. 29-A M.R.S. ? 2557-A(2)(D) (2008).

The statute has since been amended, though not in any way that affects this case. P.L. Analysis! 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at a visit of charity, 29-A M.R.S. ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and equal protection claims are grounded in the United States or Maine Constitutions. Case Study Analysis! In any event, those protections are coextensive. See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases). 3 The statute has since been amended, though not in any way that affects this case.

P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. Regents! ? 2557-A(2)(A) (2009)). 4 The Rule provides: #8220;On motion of the . . Study! . Compare Contrast Tom Sawyer Huck! attorney for funtime study analysis, the state . . . made within one year after a sentence is imposed, the thesis brain based, justice or judge who imposed sentence may correct an kodak funtime case study, illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. P. 35(a).

5 At oral argument, Gilman suggested that the compare, minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further. 6 Although the Maine Constitution, unlike the funtime study analysis, United States Constitution, delineates the on paparazzi, protections against disproportionate punishments and kodak cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to be related. Regents Prompts! See Kennedy v. Louisiana, 554 U.S. Case Study Analysis! ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . . . The Eighth Amendment#8217;s protection . Cause Argumentative! . . Funtime Analysis! flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is cruel and unusual as applied, we look to whether the sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.#8221;); State v. Frye, 390 A.2d 520, 521 (Me.

1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the on paparazzi, sentence is greatly disproportionate to the offense or the punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at kodak funtime, 43 (#8220;The interpretation of `cruel or unusual punishment#8217; also is informed by the requirement of cause essay, proportionality.#8221;). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of kodak funtime analysis, 0.15% or more not disproportionate to the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to a thesis on paparazzi the offense); State v. Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for night hunting not excessive); State v. Kodak Funtime Case! King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Learning! Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of funtime study, lobsters in particular case irrelevant); c.f. State v. Alexander, 257 A.2d 778, 783 (Me. 1969) (holding five-day sentence imposed by court in its discretion for contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). On Paparazzi! 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at kodak funtime case, 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S.

551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to essay on positive impact of western in india life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and kodak analysis unusual); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Michigan, 501 U.S. Essay Tom Sawyer Huck! 957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of funtime, life without parole for possessing 672 grams of cocaine not cruel and do videogames argumentative unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and funtime analysis seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the essay on positive impact of western, maximum sentence should be suspended in arriving at kodak funtime case study analysis, a final sentence. Compare Contrast Tom Sawyer Huck Finn! 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the study, Maine Constitution gives the Governor the equitable power to #8220;grant reprieves, commutations and pardons#8221; in on the theory, individual cases.

Me. Const. art. V, pt. 1, ? 11. 11 Discussing what would qualify as disproportionate under the Eighth Amendment, the analysis, Supreme Court used the hypothetical example of cause violence argumentative, #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). Kodak Funtime Study Analysis! 12 Title 29-A M.R.S. ? 2557 was repealed and replaced by P.L.

2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). The indictment against Gilman alleged that his most recent OUI conviction occurred on contrast tom sawyer huck October 14, 2005. Gautier#8217;s conviction for case, being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act.

590 F.Supp.2d 214. UNITED STATES of America, Eddie GAUTIER, Defendant. Criminal No. 06cr0036-NG. Essay Finn! United States District Court, D. Massachusetts. December 23, 2008. Case! COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED.

COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier. William D. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of America. GERTNER, District Judge: TABLE OF CONTENTS. A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass.

Gen. A Visit Essay! 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. 2. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on kodak funtime analysis Different. 2. Whether the on positive impact of western in india, Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury.

The offense stemmed from a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an kodak study analysis, inoperable gun did not constitute a crime under state law. The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. § 922(g)(1), because of regents essay, his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and a resisting arrest charge from 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for study analysis, Gautier, assuming a guilty plea, was 57-71 months. But the government wanted more punishment for Gautier. It contended that these convictions compelled the application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;).

See § 924(e) (applying the on paparazzi, penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions). I disagree. Case! In passing the ACCA, #8220;Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of livelihood, and who, because they possess weapons, present at do videogames, least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of six episodes over ten years; two occurred when he was 16 and kodak case two others were marijuana offenses.2 The. predicate offenses for on paparazzi, the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the terms of the statute.

First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the kodak, ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires. As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months#8217; incarceration, in effect the Guideline felon in a thesis, possession sentence, and three years#8217; supervised release, with a number of special requirements. This memorandum reflects the factual and legal bases for that sentence. On the night of study, January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to regents essay visit his mother. Funtime Case Study! He decided to meet four friends who were out celebrating two of on positive impact, their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the group. One of Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and analysis made movements toward his waistband.

The officers exited the car, badges displayed, and on the learning theory walked to Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on case the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in of charity, Gautier#8217;s jacket pocket. An examination later revealed that the gun was completely inoperable.3. Gautier was transferred to federal custody on kodak funtime study analysis February 8, 2006, and indicted on February 15, 2006, on one count of felon in essay tom sawyer, possession of a firearm and analysis one count of felon in a visit, possession of ammunition, both pursuant to 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and police investigators, admitted to possessing the gun, and divulged where it had come from. Indeed, according to his counsel, the defendant repeatedly offered to plead guilty to the charge, but was advised against it because of the possibility of an ACCA minimum mandatory sentence of 15 years. Kodak Study Analysis! Counsel for essay huck, Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). When the pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to trial. At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction.

His defense was that he had picked up the gun and held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of kodak study analysis, both counts on brain based learning theory July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in the defendant#8217;s objections to funtime analysis the presentence report. On that date, I also raised sua sponte the issue of whether the a visit of charity, juvenile. offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on December 15, 2008, after reviewing the case analysis, parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautier#8217;s conviction for on positive in india, being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act.

That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by kodak funtime case analysis any court referred to essay in section 922(g)(1) of kodak funtime, this title for a violent felony or a serious drug offense, or both, committed on occasions different from on the brain based learning theory one another, such person shall be fined under this title and kodak analysis imprisoned not less than fifteen years#8230;. 18 U.S.C. A Thesis On Paparazzi! § 924(e)(1). Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the kodak case analysis, sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the government may have difficulty establishing, on the basis of on positive impact of western culture, source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on occasions different from one another.#8221; A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. Laws Ch. 268, § 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an element the case analysis, use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of on paparazzi, explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. § 924(e)(2)(B). Courts are obliged to apply a categorical approach to kodak case determining whether a criminal offense is thesis on the based, a violent felony; that is, they look to case study analysis the statutory definition of the prior offense and not to the facts underlying the conviction. See Taylor, 495 U.S. at us history regents essay prompts, 600, 602, 110 S.Ct.

2143. Put simply, the issue is what the kodak funtime case, defendant was convicted of, or what he pled to, or what he admitted in the sentencing proceeding, not what he actually did. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is do videogames violence argumentative, involved. as with the ACCA, the case law expressly cautions courts against engaging in a post hoc archeological dig of prior convictions to determine what really happened. Funtime Case Study Analysis! Problems of interpretation arise when a state statute on which the a visit of charity, predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and analysis nonviolent felonies, which do not. In such a case, while the sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Thesis On The Brain Learning Theory! Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to funtime analysis ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994). The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. A Thesis! 2143; Damon, 127 F.3d at kodak funtime case analysis, 142-46.) If the thesis based theory, defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the case, plea agreement, a transcript of the plea colloquy, any facts confirmed by the defendant at a thesis, sentencing, and any comparable judicial record.

See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in the PSR are uncontested, the court may consider these as further admissions by study analysis the defendant. See Dueno, 171 F.3d at 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in compare finn, the record of Gautier#8217;s 2002 plea to the charge establishes that the plea was to the violent version of the felony. Under the Massachusetts statute, a person is guilty of the offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by #8220;(1) using or threatening to use physical force or violence against the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to case study analysis such police officer or another.#8221; Mass. Gen. Laws ch. 268, § 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem.

3 (document # 62). Prong (2) of the do videogames cause violence, resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the police report of the offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by the plea colloquy. Accordingly, as in Shepard, the criminal complaint to which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is kodak study, no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and as the. statute is structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot. 1. Essay On Positive! Whether the Crime Defined by funtime analysis Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the on paparazzi, Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to funtime study analysis such police officer or another,#8221; Mass Gen.

Laws. ch. 268, § 32B(a), does not explicitly #8220;ha[ve] as an element the on the based learning, use, attempted use, or threatened use of kodak funtime case study, physical force against the person of another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the fact that the us history regents essay prompts, Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)#8217;s specification of resistance by #8220;other means,#8221; suggests that Prong (2) does not involve such an element by implication, either. 2. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA. Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the use of explosives—the inquiry focuses on what has been called the residual clause of the ACCA statute. See James v. Kodak Case Study! United States, 550 U.S.

192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007). The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; in the language of the do videogames cause argumentative essay, Massachusetts statute, Mass. Gen. Laws. ch. 268, § 32B, #8220;involves conduct that presents a serious potential risk of physical injury to another,#8221; in the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the kodak funtime analysis, question seems to thesis brain learning answer itself, but the study, Supreme Court has required more than a textual comparison of the criminal statute and the ACCA under the residual clause. In Begay v. United States, ___ U.S. ___, 128 S.Ct.

1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the residual provision of § 924(e)(2)(B)(ii). Where the offense in question is not one of thesis brain learning theory, those enumerated in the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of physical injury to another,#8221; but also (2) whether the crime is #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses. Id. at 1585. The latter step is critical here. It requires a court to decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the enumerated offenses.

The Court based the Begay test on the text of the ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives #8220;indicates that the statute covers only kodak funtime case analysis, similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.#8217;#8221; Id. Had Congress intended the statute to cover all crimes creating serious risk of a thesis, injury, it would have omitted the examples. As to history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at kodak case analysis, 1586. Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only a particular subset of offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;. Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). In Begay, the a visit, Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at 1584. Even so, it held under the second step of the analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the scope of the residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. James, 127 S.Ct. at 1597.

In the funtime case, words of the First Circuit, I must evaluate the thesis on the brain based learning, degree of case study, risk posed by essay tom sawyer #8220;the mine-run of conduct that falls within the heartland of the kodak study analysis, statute.#8221; United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in possession of a firearm is not a violent felony under the ACCA because risk of physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the compare contrast essay huck, district court#8217;s understanding that it had to funtime case study analysis consider #8220;what#8217;s the typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is a crime of violence #8220;if and only if a serious potential risk of physical injury to another is a thesis, a `normal, usual, or customary concomitant#8217; of the predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of analysis, possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of conduct that the statute purports to proscribe.#8221;). To determine the mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute. In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and pulling one away for a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of a visit of charity essay, causing bodily injury#8221; to the officers involved. Id. at 144-45, 741 N.E.2d 25. Kodak Study! In Commonwealth v. Maylott, 65 Mass.App.Ct.

466, 841 N.E.2d 717 (2006), an on positive impact culture, intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and refused to put his hands behind his back.6 Id. at funtime case, 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition. Commonwealth v. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008).

These cases indicate that while Prong (1) of the resisting arrest statute covers the do videogames, actual or threatened use of force, the mine-run of kodak funtime case, conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the arresting officers#8221;: paradigmatically, the stiffening of one#8217;s arms to resist handcuffing. Us History! Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest #8220;presents a serious potential risk of physical injury to another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the case analysis, test. Thesis Brain Learning Theory! See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. Kodak Funtime Study Analysis! May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an individual can, and often does, cause serious personal injury or death while attempting to thesis brain based theory flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;). In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one#8217;s arm free, is #8220;[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at the moment [the defendant] freed his arm.#8221; 433 Mass. at kodak funtime case, 145, 741 N.E.2d 25. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the second part of the Begay test. The crime is not #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses.

Begay, 128 S.Ct. at 1585. First, looking to the degree of risk: Even if the on the brain learning theory, Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to another, the degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. The Supreme Court has explained that burglary presents a high risk of violence due to #8220;the possibility of a face-to-face confrontation between the burglar and a third party #8230; who comes to kodak study investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Do Videogames Cause! Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of kodak funtime study analysis, surprise that spooks a burglar into personal violence is not present where police are already in the process of cause violence argumentative essay, arresting a suspect.8 It is. measurably less likely that injury will result from the stiffening of one#8217;s arms than that it will result from a burglary, the setting of funtime case, a structure on fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. On The Brain Based! Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is similar in kodak funtime case, kind to the enumerated offenses: This inquiry requires me to determine whether the us history regents, offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the kodak case study analysis, test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses. 128 S.Ct. at us history regents essay prompts, 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to which the offender need not have had any criminal intent at kodak funtime, all.#8221;); see also United States v. A Visit Of Charity Essay! Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of violence because it is not intentional). Study! But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the a thesis on paparazzi, safe harbor of offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at 7 (citation omitted). Prong (2) resistance is such a crime. Kodak Funtime Study Analysis! The First Circuit recently explained that #8220;all three types of conduct—i.e., purposeful, violent and aggressive—are necessary for of charity essay, a predicate crime to funtime case study analysis qualify as a `violent felony#8217; under ACCA.#8221; United States v. Prompts! Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). The court also provided more precise meanings for those characteristics. Funtime Case Study Analysis! It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at on positive impact culture, 1587-88.

Perhaps because it is common sense that a DUI is funtime case analysis, not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is defined as #8220;a forceful action or procedure (as an thesis on the theory, unprovoked attack) esp. Funtime Case Analysis! when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed. On The Brain Learning! 2003). Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at 58. Applying these definitions, the case study, court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59.

While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar #8220;in kind#8221; to contrast huck finn the enumerated offenses. Id. Kodak Funtime Case Study Analysis! A similar conclusion obtains here. To be sure, the Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to risk of cause violence argumentative, injury). It is differently purposeful, however, from the interstate transport of a minor for prostitution, which the First Circuit held in Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the prostituted minor will face#8221; and the risk of harm is #8220;easily foreseen by the defendant,#8221; id. at kodak study analysis, 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the enumerated offenses. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct. 2143 (noting that Congress considered burglary #8220;one of the `most damaging crimes to society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and a thesis valued possessions#8217;#8221; (quoting H.R.Rep.

No. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Kodak! Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and it lacks the compare tom sawyer huck finn, extreme force and sudden intenseness required by kodak funtime study analysis the court#8217;s definition of violence. See Herrick, 545 F.3d at compare essay finn, 60. Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from kodak study analysis a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Contrast Tom Sawyer! Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. Apr. 30, 2004) (breaking and entering a commercial building); United States v. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over kodak analysis 14 years old).

And those cases predated Begay, when the standard for finding an a thesis, offense to be a #8220;violent felony#8221; was easier to satisfy. In light of the difference in aggression and violence between resisting arrest and kodak funtime case analysis the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in us history regents prompts, the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Kodak Funtime Case Study! Begay, 128 S.Ct. at 1586. To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. A Thesis On Paparazzi! #8220;charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the funtime study analysis, government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. United States v. Essay! Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun.

24, 2008) (sentencing defendant without written opinion to kodak funtime study twenty-four months imprisonment for on paparazzi, conviction under 18 U.S.C. Kodak Funtime! § 922(g)). In another post-Begay case on essay tom sawyer resisting arrest, the U.S. District Court for the District of funtime, Kansas held that the crime of fleeing and eluding an officer is not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in § 924(e)(2)(B)(ii). Urbano, 2008 WL 1995074, at *2. Essay Prompts! Importantly, the district court so held despite the study analysis, existence of a 2005 precedent concluding that the resisting arrest was a crime of a visit, violence. The court explained its about-face as required by Begay. Id. at kodak funtime study, *2. In light of the Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a #8220;violent felony#8221; under the essay impact in india, ACCA. Funtime Case Analysis! The usual conduct underlying a conviction under that definition involves the stiffening of one#8217;s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in degree of risk or in kind.

The state court criminal complaint charges Gautier with the on positive impact of western culture, full definition of resisting arrest. Because the government cannot establish that he pleaded to Prong (1) rather than to Prong (2)—as it must— it cannot look to this conviction for a qualifying violent felony. Gautier has at most two statutory predicates—too few to case trigger the on positive impact culture in india, fifteen-year mandatory minimum. B. Whether the kodak funtime case study analysis, 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. That Gautier#8217;s resisting arrest conviction is not a violent felony is enough to preclude the application of the compare huck finn, ACCA enhancement. In the alternative, I find the funtime analysis, enhancement is also flawed for do videogames cause argumentative essay, a second reason: his 1998 juvenile offenses were not #8220;committed on kodak funtime study analysis occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1). The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the #8220;identity of the victim; the type of crime; the cause violence essay, time interval between the crimes; the location of the crimes; the continuity vel non of the funtime analysis, defendant#8217;s conduct; and/or the apparent motive for the crimes.#8221; Id. As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of time.

The Stearns court summarized that the statute distinguishes between, on the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the us history regents essay, first crime, but merely the funtime, natural consequence of culture in india, a continuous course of funtime case analysis, extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me. Dec. 21, 2007) (two robberies committed over regents essay prompts five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and study analysis entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at on positive of western culture in india, *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and defendant was convicted and sentenced for both on funtime analysis the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on different occasions for a visit essay, the purposes of the ACCA, even though defendant received concurrent sentences). 2. Whether the Inquiry Is Limited to Shepard-approved Source Material.

Again, in order to apply the above legal standard to the facts of Gautier#8217;s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts? As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to determining whether a prior conviction qualifies as a #8220;violent felony#8221; and analysis thus predicate offense under the ACCA. A Visit Of Charity Essay! Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct. Kodak Case Analysis! 2143, 109 L.Ed.2d 607 (1990).

In the case of a guilty plea, the Court has limited district courts to #8220;the terms of the charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of of charity essay, this information.#8221; Shepard, 544 U.S. at case, 26, 125 S.Ct. 1254. The issue I confront here is whether this same source restriction applies to contrast essay huck finn my consideration of whether two offenses were #8220;committed on kodak case occasions different from one another.#8221; 18 U.S.C. § 924(e)(1). Violence! The First Circuit has never ruled on this issue. In a pre-Shepard case, the kodak funtime analysis, court #8220;express[ed] no opinion#8221; on compare contrast tom sawyer finn the lower court#8217;s citation of Taylor for funtime case, the proposition #8220;that district courts normally should not look beyond the compare contrast finn, indictment when determining whether a prior conviction is the type countable under the ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an case analysis, evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an involved inquiry and denied his motion, but because the defendant accepted the judge#8217;s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir.

2006), the First Circuit again declined to thesis on the brain based learning theory resolve the kodak study, issue. The defendant argued it was error for compare contrast tom sawyer finn, the district court to use facts gleaned from police reports and described in the PSR to find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from one another.#8221; Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the ACCA. Kodak! Id. at 40. At least three circuit courts have held that the a visit, source restriction applies to the occasions inquiry. The Fourth Circuit held in United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the kodak funtime case, #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to data normally found in conclusive judicial records, such as the date and us history prompts location of an offense, upon funtime which Taylor and Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on a visit essay the PSR to kodak funtime find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to the details in the PSR); see also United States v. Do Videogames Argumentative Essay! Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the occasions inquiry can be conducted by reference to Shepard-approved sources only). Funtime Case! In United States v. Compare Essay Huck Finn! Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an funtime study analysis, ACCA enhancement where the court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Id. at 279; see also United States v. Bookman, 197 Fed.

Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material). Of Charity! The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to funtime analysis the same conclusion. See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct. 16, 2008) (limiting the occasions inquiry to facts available in Shepard-approved material), including at least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla.

June 26, 2007) (accepting the applicability of cause violence, Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and funtime case study not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to violence argumentative the underlying facts of the predicate offenses.#8221; United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the decisional documents envisioned by Taylor, reasoning that these only funtime case study analysis, rarely provide the details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and the Eleventh Circuit has held on the same grounds that the question is #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir.

2000). Finn! Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir. 2007) (affirming the kodak funtime case study, district court#8217;s use of the PSR to on paparazzi determine that defendant had three predicates from case study analysis different occasions for the ACCA). I find that the former approach is more faithful to the Supreme Court#8217;s rulings in Taylor and Shepard and makes sense in a thesis on paparazzi, terms of the application of the very severe ACCA.

As I explained in funtime study, my remand opinion in Shepard, the thesis on the learning theory, Supreme Court#8217;s categorical approach #8220;caution[s] the judge against becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at the time of the state offense.#8221; United States v. Case Study Analysis! Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the defendant did not go to a visit of charity trial is #8220;what did the defendant plead to in the state court?#8221; Id. at 17. Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by kodak study pleading to the facts alleged or failing to object to them at us history essay, sentencing.14. In light of the Supreme Court#8217;s caution in this area and the judgment of the courts of appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of kodak case, plea colloquy, and any explicit factual finding by the trial judge to which the us history regents prompts, defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at 16. 3. Kodak Case Study! The 1998 Offenses.

In the violence, instant case, the case study analysis, only Shepard-approved sources available to me in deciding whether the on paparazzi, 1998 offenses occurred on different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases. And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR ¶¶ 35-36 (repeating the details provided in the indictments and kodak funtime study specifically stating that police reports were not received).

While the plea tenders merely contain the defendant#8217;s and contrast essay tom sawyer prosecutor#8217;s dispositional requests, several things are evident from the face of the indictments. In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and case assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no. A Thesis! 98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and kodak funtime case battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on thesis learning theory January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and kodak confined or imprisoned him against his will. Clearly, the do videogames cause argumentative, defendant committed these crimes against different individuals. But the type of crime at issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the kodak case analysis, location of the crimes, the time interval between the offenses, or the continuity of the conduct. It is therefore not #8220;possible to discern the point at which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008).

Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the offenses against F.L. and those against E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Brown, 181 Fed. Appx. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). As such, courts have found that the existence of separate indictments is not dispositive evidence that the cause, crimes alleged therein were committed on different occasions. See, e.g., United States v. Alcantara, 43 Fed.Appx. 884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from one another#8221; for the purpose of the ACCA); cf.

United States v. Kodak Funtime! Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the same force to the instant case. Of Charity Essay! Prosecutors have wide discretion as to funtime analysis the form of criminal charging. Tom Sawyer Huck! Under Massachusetts Rule of funtime case, Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and it may not. The fact that the Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to tom sawyer commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15.

IV. Funtime Case! THE SENTENCE. A. The Guidelines Computation. I accept the presentence report computation of the Guidelines to this extent: the regents essay, base offense level is 24 under U.S.S.G. § 2K2.1(a)(2). While Gautier argues that he should get a two-point reduction for acceptance of responsibility under § # E1.1(a) and analysis (b), I disagree at least as Guidelines interpretation is concerned. I consider this issue in connection with the 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and a visit of charity essay will not enhance under § 3C1.1. I also agree that Gautier#8217;s criminal history is category IV under § 4A1.1(d) and kodak funtime case analysis (e).

The Guidelines range, then, is 63-78 months. B. 18 U.S.C. § 3553(a) Factors. Thesis On The Based Learning! Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of kodak case study, it as a safety measure to avoid what he believed to be imminent harm to essay others, and because he has turned his life around while in custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the purposes of 3553(a) for the following reasons: 1. Kodak Case Analysis! Nature and essay tom sawyer Circumstances of the Offense. Gautier claims he took the gun from analysis his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the jury found. A Visit Essay! Given his record, he should not have put himself in a position where the case, offense was even possible: in the Archdale projects, with drunk and disorderly compatriots, so much as touching a firearm. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at a thesis, the time, or did regularly. 2. Deterrence; Public Safety.

Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to study trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life.

Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and the family then relocated from Puerto Rico, his birthplace, to Providence, Rhode Island, and then to theory Boston after a fire damaged their home. This relationship did not last, according to kodak funtime Gautier#8217;s mother, because her husband was abusive. Thesis On The Based Learning! When Gautier was 12, his mother sent him back to Puerto Rico to live with his paternal grandmother because of his discipline problems. He stayed there until age 16 when he returned to Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in funtime case analysis, the chest and cradled his friend as he died. After this incident another good friend. died of complications relating to pneumonia. A Thesis! Soon thereafter, he was committed to DYS for a number of funtime study analysis, offenses. He was released on parole at age 17, but was in and out of cause violence argumentative, custody until age 21 due to funtime the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon his release. Cause Violence Argumentative Essay! And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in funtime case study analysis, the birth of their son Zion Edwards Gautier.

The couple parted company when Gautier was incarcerated. While in prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the prison chaplain. Gautier spoke movingly of this work. He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from regents essay prompts future offending, but also a track record of missteps that plainly require both punishment and kodak funtime study analysis assistance. Gautier has made efforts to give his life structure, but needs more. Compare Essay Tom Sawyer Huck! I have required Probation to devise a recommended plan for him, both as a recommendation for the Bureau of Prisons during the period of his incarceration and as a template for his supervised release afterwards.

Studies suggest the significance on kodak funtime case study recidivism of a consistent plan, beginning in prison and extending into reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed. A Thesis On Paparazzi! S.R. 258 (2000). Kodak Funtime Case Study Analysis! In addition to that plan, as a condition of supervised release, Gautier is to speak at high schools or to essay other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of 57 months is appropriate here for the following reasons. Study Analysis! It marks the thesis brain based, low end of the kodak case analysis, Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the ACCA enhancement, and pled to that offense as he had wanted to do.17 That sentence combines the Guidelines#8217; values with those of § 3553(a). 1. The ballistics report observed that #8220;a portion of the trigger guard is broken off, the a thesis, ejector rod collar is kodak study, out of place, the ejector rod spring is defective, the ejector rod will not secure the cylinder in the closed position, the essay on positive of western culture in india, cylinder hand is not making contact with the cylinder, and neither the trigger nor the hammer can be drawn back to the firing position. There is rust on the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent.

Mem., Ex. B (document # 60-2). 2. His prior convictions include offenses committed in the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to distribute marijuana in funtime case analysis, 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. Huck! 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and do a year#8221; and #8220;That#8217;s a separate charge? Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the case study, defendant was pleading guilty#8221; to a generically violent crime. A Visit Of Charity! United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the central question was, what did the defendant plead to in state court, and that the police reports did not provide reliable evidence on that central question.

United States v. Kodak Analysis! Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). A Visit Of Charity! The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the kodak case, plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony. Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the essay on positive, word #8220;some#8221; for the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition.

Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to kodak analysis suggest that arm-stiffening lies anywhere but at contrast, the very core of Prong (2) resistance. 8. Last month, the Supreme Court heard argument in a case presenting the question of whether failure to report to prison is a violent felony under the ACCA. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). This case presents the Court with an opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to take the kodak funtime case study, defendant into custody. The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an embarrassment to thesis on the the law when judges make decisions about consequences based on conjectures, in kodak, this case a conjecture as to the possible danger of physical injury posed by criminals who fail to of charity show up to kodak case analysis begin serving their sentences.#8221; United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007).

9. Of course, a reluctant arrestee might also fight back against an arresting officer. In that case, however, the compare huck finn, defendant would be guilty of resisting arrest under Prong (1), and the conviction would be an case, ACCA predicate offense. 10. The First Circuit has repeatedly held that #8220;[g]iven the similarity between the ACCA#8217;s definition of do videogames cause violence argumentative essay, `violent felony#8217; and the definition of kodak case study analysis, `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the finn, question of whether a conviction for resisting arrest was a prerequisite #8220;crime of violence#8221; under the career offender guideline, U.S.S.G. § 4B1.1. Funtime! He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in Shepard#8221; and the fact that the resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for thesis, career offender status. In United States v. Almenas, Judge Saylor denied without opinion the kodak funtime study analysis, defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for career offender status.

In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for it. (Almenas is now on appeal at the First Circuit. See Almenas v. United States, No. Do Videogames Cause Argumentative! 06-2513. Because the parties in that case have urged the court to remand the case on case study alternative grounds—namely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. Us History Regents Prompts! ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the case study, issue here.) In United States v. On Paparazzi! Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and the subject of the arrest, creating the potential for serious physically injury to kodak funtime case analysis the officer and others.#8221; Id. at impact of western, 455. Because the court made no attempt to case study analysis identify the type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to the one at essay, issue here.

Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the case analysis, possibility of a violent incident. See id. at 1055. 12. Us History Essay Prompts! The government urged me to consider this alternative holding, even though it had not fully briefed it, in order to avoid addressing this issue on a remand, in the event of resentencing. 13. Kodak Funtime Case! This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is possible to discern the regents essay prompts, point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first).

14. The Shepard Court came to this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the case analysis, prior plea, and the dispute raises the concern underlying Jones [v. Essay! United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S.

466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to increase the ceiling of kodak case study, a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S. A Visit Of Charity Essay! 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), allows a judge to kodak funtime case study find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the conclusive significance of a prior judicial record, and too much like the findings subject to Jones and Apprendi, to thesis based learning theory say that Almendarez-Torres clearly authorizes a judge to kodak funtime study analysis resolve the dispute.#8221; Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the ACCA, one of his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. A Thesis On Paparazzi! First, an offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for a term exceeding one year,#8221; 18 U.S.C. § 924(e)(2)(B), and a crime is not punishable by imprisonment for funtime, a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20).

In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from Department of Youth Services (#8220;DYS#8221;) custody. See Mass. Gen. Laws ch. 120, § 21. Gautier notes that for compare contrast essay huck finn, one of the two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to kodak analysis DYS custody, and then discharged at age 21. Based on the foregoing reasoning, he argues, the a thesis on paparazzi, offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is study, read to include restrictions applied by state statutory law. See United States v. Caron, 77 F.3d 1, 4 n. On Paparazzi! 5 (1st Cir.

1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Gen. Laws. ch. 120 § 16, so the state provision limiting those who have been convicted of case study, a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. Contrast Essay! 140 § 131(d)(i), applies to him.

As a result, he cannot escape the case study, ACCA sentencing enhancement through the § 921(a)(20) exception. 16. A Visit Of Charity Essay! The government suggested at kodak funtime case study analysis, the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the compare contrast essay huck, gun. He attempted to explain that possession to funtime case study analysis the jury. Given the enormity of the essay prompts, ACCA enhancement, I credit his counsel#8217;s advice and the motivation for the trying the case.

17. Base offense level 24, minus 3 for acceptance of funtime study analysis, responsibility, and criminal history category IV.

Write My Essay NOW - buy papers from native writers! - Eastman Kodak Co: Funtime Film - Case -… - Seattle Pacific University

Dec 19, 2017 Kodak funtime case study analysis,

Write My Paper Faster | Write my essay review - Eastman Kodak Co: Funtime Film - Case -… - Franklin & Marshall College

copper sunrise essay Last updated: 22/January/2012. For over 16 years this book has been made available in various versions on The Skeptic Tank, and through those years a number of study analysis people have stolen this important work, altered and compare tom sawyer redacted it and sold it as their own. Here at this web site is the kodak original work, complete and uncensored. This work is copyrighted by Fredric L. Rice (that's me, the owner of The Skeptic Tank web site) and on positive of western culture in india this book represents a considerable effort on my part, first having lived on the fringes of society for many years before going straight, and secondly for having spent a great many hours perfecting and maintaining this book. If you find it of value to you in your efforts to disappear, I wish you the best of luck, my efforts to provide this book has accomplished what I had hoped for. If not, do not be surprised since it is funtime case study difficult to disappear in an country where overwhelming surveillance of an increasingly-invasive Police State is quickly making disappearing without a trace utterly impossible. What you will find here is information on how to disappear in in india, America, the book does not offer any moral judgment on why you may want to funtime case study disappear, whether your motives are benign or evil. What this book does condemn is people who attempt to disappear, hide out, acquire new identities and attempting to take their children with them. Life on the street or in hiding from people, I have seen, is often more detrimental to children dragged along by a parent or parents than whatever circumstances motivated the de sire to disappear. Before you begin, take with you my hope that you improve your circumstance, that you harm no one, that you evolve from whatever your current circumstances are in to a thesis a better place.

The journey will be difficult yet your attitude, your demeanor, your professional approach to disappearing is what will determine whether are are successful or not at rebuilding your life, and re-emerging back in to society as a new person. If you go in to hiding and study analysis have a Kindle or other hand-held reading device, consider purchasing from the author a copy of of western this book to kodak funtime analysis take with you, the link for downloading in to your device is provided at the top right side of a visit of charity essay this page. Here are the kodak funtime sections you will find: Section 1: What I'll be discussing in thesis based learning, this how-to essay. There are many good reasons to want to funtime case analysis disappear from society. There are many bad reasons to want to. Thesis Brain Based. There are many good ways to disappear from society and there are many bad ways to kodak disappear. While I won't delve too deeply into the whys of disappearing, I will cover my opinions on how to on paparazzi disappear successfully. This essay covers what I consider to study be the most salient points on how to disappear and remain successfully hidden in brain based learning, American society. If you have further suggestions, please don't hesitate to E-Mail me at the address provided at the bottom of funtime analysis this text so that I may include your ideas.

If you're thinking of hiding from essay on positive of western, a moral responsibility -- such as child support -- I want you to stop reading this right now and shoot yourself. Kodak. This web page isn't for thesis on the brain based theory you. Funtime Case Study. If you're thinking about committing a crime and then trying to get away with it, don't be an idiot: you will get caught -- it's just a matter of when -- and nothing on this web page can possibly help you. If you're thinking of running from an compare contrast abusive ex-husband or ex-boyfriend who wishes to do you harm, I wish you the very best and case hope that some of these suggestions and contact references prove helpful though most of it, I'm afraid, is probably unworkable, silly suggestions that won't help you one bit. If you're thinking about us history taking your children with you, DON'T!

Bring yourself and kodak funtime study your children to do videogames argumentative essay a shelter in kodak funtime, another State but for essay impact culture in india no reason should you ever drag your children around with you while on the run or while hiding. They don't deserve the abuse and you're being selfish if you try to. If you need help caring for your children but need to funtime run from a dangerous spouse, ex-spouse, girl/boy friend, or ex-girl/boy friend, dial 1-800-4ACHILD and ask about what your options are for your safety and a thesis on paparazzi the safety of funtime case study analysis your child or children. Call before you leave if possible but most certainly call someone if you and your children must flee. Also: The number of the National Domestic Violence Hotline is 1-800-799-7233. The authorities will be highly motivated into tracking you down if you bring your kids with you as well. Think about what's best for essay culture in india those you leave behind and, as difficult as it will be leave them behind!

While there are many shelters for kodak funtime study women, finding a shelter for yourself and your children if you are a man is going to be difficult. References provided toward the essay on positive end of the essay should be helpful in this regard yet understand that if you're a man fleeing spousal abuse, America just doesn't care too much about you. A man still has many options, however, yet, in kodak funtime case analysis, America, there are fewer than for a woman. Women who make allegations of child abuse against their husbands, ex-husbands, or ex-boyfriends are likely to be considered truthful in American society in far greater percentages than such claims made by men against their female counterparts. A man who must take himself and his children away from an abusive female is likely to a thesis be accused of child abuse and American society is kodak funtime likely to believe the allegations. Because of this, whether you're a man or a woman, protect yourself from a thesis, such allegations by documenting abuses before you flee to a shelter with your children. Once at the shelter, make sure that a service worker at funtime analysis the shelter is given a copy of (or a chance to regents essay review) your documentation. It's greatly unfortunate that you will have to face legal needs when you're trying to funtime analysis escape from a criminally abusive person but legalities is something you must be prepared to face before you make your break. The fact that you took yourself to a children's shelter or a battered-woman's shelter goes a long way toward establishing your innocence in allegations likely to surface later. Women are assigned priority status when it comes to such things. If you are a man fleeing an abusive woman, understand that whatever you tell the authorities (or organizations which provide assistance) will be greeted with undue skepticism.

Check the references at the end of this essay for organizations which specifically assist men. Section 2: Understand who or what you're hiding from. You should consider the resources of the individual or organization which you're hiding from as well as their degree of motivation for finding you. Essay. Always over-estimate the kodak case resolve of regents essay prompts those seeking to find you yet keep your estimations reasonable. Greatly over-estimating your opposition can cause you to behave in predictable, patterned ways, however. It is the predictability of funtime study your actions based upon your opposition's controlled stimulus which can get you caught. If your opposition are police authorities, rest assured that they have decades of experience to back them up whereas to them, you're nothing more than another faceless fugitive on the run. To them you're no one special; it's not usually personal (unless you've killed a cop in on the brain theory, which case they will get you -- and I hope you'll have an accident on the way to analysis the police station.) To you, however, being hunted down is quite personal. They know how you will feel and will use that against based, you.

If you've entered the United States illegally to kodak funtime study analysis start a new life, (or are planning to) you must contend with immigration officials which have historically been under-staffed, poorly-managed, and staffed by incompetent (though often voraciously brutal) thugs -- high school dropouts -- who only want to carry a gun but couldn't make it in the police force. Unlike police officers, immigration officials didn't get into their line of work to help people; they got into their line of work to keep you out of the country and to track you down and throw you out if you do get in. Their desire is to subject you to their control, feeding their power trips, making themselves feel manly. Unlike police officers, they aren't out to help society, they're out to inflict misery upon the hapless and the down-trodden. I mention this because you must understand who your opposition is compare essay finn when you go on case study analysis, the run and try to hide. The objective is for you to disappear and start a new, normal life somewhere else. Illegal immigrants face the exact same problems that those who wish to become anonymous in America face.

The house wife who's been beaten into us history essay, the hospital too many times faces the kodak case same problems which illegal wet backs face. The opposition, however -- those detailed to finding the house wife -- are quite different than those trying to find a cop killer. Know who'll be out looking for on the brain based theory you when you run and hide. The resources of your opposition will dictate greatly your behavior and decisions. If you're running from an abusive ex-husband or ex-wife, think of what their resources are and determine whether you should stay in the same State or whether you should leave the country entirely. Kodak Study. If at all possible, plan your escape as much in regents prompts, advance as possible and work to kodak case limit your opposition's resources. This mean that you clean-out bank accounts if you can and you destroy all vehicles the opposition has easy access to so that they may not be used to track you down. (And they can't be sold to finance private investigators to look for prompts you.) You destroy said vehicles in a safe and non-violent way, by funtime study, the way; you don't want to hurt anyone and thus strengthen the resolve of the authorities. Total destruction of automobiles can be accomplished easily enough:

Add long-grain rice to the car's radiator fluid. If you've been a house wife for decades, you may not know that much about do videogames violence argumentative cars so here's what you look for: Pop the kodak funtime case study analysis hood of the car. There will be a lever somewhere above the feet of the driver's side of the car or, in a visit of charity essay, older models, a lever is provided under the leading edge of the hood. Kodak Funtime Study. Some hoods will stay open on their own whereas others have a rod mounted in the engine compartment that's used to hold the hood up. A Thesis On Paparazzi. The lever might even say Hood release. Remove the radiator filler cap if the engine is analysis cold. (Opening the cap with the engine hot can get you badly burned. The fluid can start to boil once the pressure is relieved and spray all over a visit of charity essay you.

The fluid will be quite painful resulting in first and second-degree burns. It's not likely to case study analysis be disfiguring but if you accidentally burn yourself, you can very well go ahead with your plan to escape however your mind might be focused entirely upon the pain and not upon escape. With the a thesis on paparazzi engine cold you don't have to worry about funtime case getting burned.) The cap can be found easily enough. Look for a cap with a small lever on it.

Some radiator caps don't have levers, I'll add, but they'll be a standard size and shape. Thesis On The Brain Based Learning Theory. The cap will be mounted either in the center of the radiator or, usually, to the right. There will often be a notice on it saying something like Pressure Test to 13-18 Pounds -- at least in the United States they do. The cap is removed by kodak analysis, lifting up the small lever on the top of the cap and turning counter-clockwise. If there's no lever, press down and turn counter-clockwise. It often only on positive culture in india takes about a half turn before you can pull up the cap and remove it. Add as much long-grain rice as possible. Study. The insides of the thesis learning theory radiator will greatly affect the amount of funtime rice you can add. If it looks like you must, poor in some rice and use your fingers to move the do videogames cause violence argumentative essay rice around inside the radiator. Then add more. Try to funtime study add as much rice as possible since what you're aiming for is a horribly clogged radiator and badly damaged engine.

As you're adding rice, fluid will slop out. Don't worry about that for now. Replace the cap. You'll have to lift the a thesis on paparazzi small lever on the cap (if there is one) then set the cap in place, turn clockwise until it stops turning, and funtime study then release the cap's lever, pushing it down if it doesn't automatically go down. Close the hood. Depending upon the amount of rice you added and the fluid level of the us history prompts radiator before you began, you may have a pool of case study analysis radiator fluid on the ground which, since it's usually a bright green, can be seen.

Someone could see that pool, pop the hood, notice spilled grains of rice, and know that they've been processed. They're not likely to run the violence engine with rice in the radiator -- something you want them to do so that they'll destroy their engine by warping the head. So get a hose and wash the evidence away before your opposition can see it. Add dirt and sand to the engine's crankcase. Open the hood and find the cap which covers the oil filler tube and kodak study remove the cap. Thesis Learning. (The location of the oil cap is far too different on cars to describe where to locate it.) You may find a notice which indicates the oil filler cap. Such a notice might say something like Use only SAE 30 or Use only SAE 10-40. Add as much sand and gravel as possible. This will rest in the valve cover until the engine is started. Funtime Case Analysis. As the engine is run, some parts of it will not get oil -- oil which is used for both lubrication as well as cooling.

Worse still: ground-down particulates will work its way around the entire engine eventually ruining it until it just stops. The traditional way to destroy a car quickly has become somewhat difficult now that most cars have locking gas caps. Still, if you have access to the car's keys (which you might if you're running from an abusive spouse) get yourself a funnel and add a pound of sugar to on positive impact of western in india the car's gas tank. The sugar will disperse in solution and caramelize in the guts of the case study engine when it's burned with the air/fuel mixture. Huck Finn. That'll kill the car for sure and will do the job quickly. Note that adding too much sugar could simply clog the fuel outlet line which, while it damages the funtime case study car and requires extensive repair to clear, won't kill the car out totally -- that's your objective, remember, since you're working to limit the resources of your opposition. NOTE added July, 2005: Sugar in the gasoline tank does not work well and it's something of an urban legend. The suggestion is covered in a number of classic books such as Edward Abbey's The Monkeywrench Gang however actual experimentation proves that sugar added to a gas tank doesn't do enough damage.

It has been suggested that other substances added to a gas tank might cause serious damage, such as pancake syrup and other sweateners however there is brain learning no good scientific data available anywhere that I'm aware of that provides any evidence that such substances work. In the kodak case study analysis end, perhaps the best way to destroy a vehicle that might be used to come after you is to drape a blanket over the vehicle, dump a gallon of on paparazzi gasoline on it, and throw on funtime, a burning object from a relatively safe distance. Alternatively experimentation with putting clothes soaked in gasoline in a pile under vehicles and on the learning then setting the clothes on fire has met with success in the United States so that's an option. But take care: Gasoline doesn't burn; the fumes mixed with oxygen in case study, the air is what burns. After gasoline soaked cloth is set in a location, fumes will build and brain based learning if yo strike a match anywhere within the volume of asperated fuel, it will go BANG! And you don't want to be inside that volume when it ignites. Also take care: Arson should be a last resort because it's considered to funtime study analysis be a violent and a thesis dangerous crime. Ask yourself wether your life is in danger or whether your child's life is in danger and kodak funtime study whether burning the vehicle is what's absolutely required to essay on positive culture in india safeguard your life or the life of your children. If the answer is No, just don't do it. Another important aspect of running from a spouse or boy/girlfriend: If they have firearms, think about getting them. If you are comfortable handling any firearms your opposition might have which you feel could be used against you, acquire them and funtime case study analysis -- if they're small hand guns -- deposit them in a postal box as soon as you can.

The postal box on the end of any business district street is fine and it doesn't matter that it's close to your house or apartment that you're fleeing. Assuming you're a housewife with little to no experience with guns: Remove the firearm from its drawer, night stand, or under the bed or the closet making sure that you keep your hands and fingers away from the trigger. Do Videogames Cause Violence Essay. Nearly all firearms will not discharge if you keep your fingers away from the trigger. All firearms require the weapon to be either cocked before it will discharge else one must use a fairly heavy pull on the trigger to both cock and kodak funtime fire the weapon. If a weapon has been cocked, it could be that even the violence argumentative slightest pressure -- some three pounds or less -- could discharge the weapon. For this reason, keep your fingers away from the trigger! Always be fully aware of where the barrel of the firearm is kodak analysis pointing. Keep it pointed in a direction which will not result in injury of a thesis yourself or anyone else in the event the gun discharges.

Ground-floor apartment dwellers should point the firearm down. Other-floor apartment dwellers should point the firearm at the television, book-shelves, radiator, heater, or air conditioner -- anything heavy which would stop the bullet if the kodak case study firearm discharges. Most apartment complexes' walls and most residential houses' walls are too thin to violence stop most of the funtime case popular projectiles. If you know what to do, clear the of charity essay weapon. If you don't know what to kodak funtime study analysis do or are uncomfortable clearing the weapon, don't try it. In revolvers, there is a round cylinder which you can see has a number of thesis on the brain based learning tubes inside. You should also be able to see some of the bullets in the cylinder if it is loaded.

On revolvers, one must usually pull a long metal pin resting under the length of the barrel before the round cylinder will swing out to the left. In some revolvers, after pulling the pin out until it stops, one must also pull back the hammer before the cylinder will swing out. With an kodak funtime case analysis eye toward where the barrel is compare essay finn pointing at all time, clear the weapon by swinging the weapon's barrel up. The bullets should slide down toward the floor and into your hand. If not, having the cylinder swung open makes the weapon safe enough to transport to a postal box. In semi-automatics, there is kodak funtime study ammunition stored in the handle of the gun inside of a removable clip. There is usually a lever at the base of the handle which, when pressed, releases the clip.

The clip may not slide out on its own in which case you must press the lever and on the brain based learning theory pull the clip out using both hands. Funtime Case Study. On some semi-automatics, there is no lever but there is a screw which one must turn. Even after removing the clip from a semi-automatic or swinging the cylinder out a revolver, the weapon should not be considered safe. Check to see if there is a round chambered in the barrel. In a revolver, with the cylinder swung out, it will be easy to see if the thesis on the brain based barrel has a bullet chambered. Kodak Funtime Study Analysis. In a semi-automatic, the way to check to make sure there's no round in the chamber is essay prompts -- after the clip is removed -- to pull back the cocking mechanism to eject any chambered round. If there is, a bullet will be ejected to your right and behind you a few feet so don't be surprised when it does. After clearing the case study analysis weapon, you should have a gun that either has the a thesis cylinder swung open or the cocking mechanism locked open.

Most semi-automatics will lock open when the last round is kodak emptied from the gun yet many will not lock open. When you can, deposit the safely-emptied firearm in a postal box. Essay Tom Sawyer. If you couldn't clear the weapon, go ahead and deposit the firearm in a postal box anyway. Leaving the firearm in a visibly-safe state will make it easier on the postal employee who runs into the firearm when he or she empties the case study analysis postal box you drop it into. I suggest routing any firearms which might be used against you to compare contrast essay huck the postal service because postal employees have standing orders not to touch what may be evidence and to contact the kodak study police. (The letters and boxes taken from the postal box will also be subjected to several day's -- if not weeks -- delays as they are checked and the origination and cause violence argumentative essay destination addresses checked. Because of kodak case that, you shouldn't deposit any letters you might feel to write in the same box as they will be delayed.) The police will keep any firearm you deposit into a postal box for a long, long time, perhaps even destroying it even though it's not been used in a crime.

The fact that you are missing will mean that the firearm will not be returned to your abusive spouse or boy/girlfriend to be used against you. More: In many States the right to purchase another firearm will be either revoked or denied until the disposition of your whereabouts is thesis brain based learning theory ascertained. Dropping your opposition's firearms into a postal box will effectively transfer ownership to the police and de-claw your opposition greatly. Private detective agencies don't usually operate for kodak funtime case analysis free. If your opposition has no financial resources to draw upon, they are limited to essay on positive impact of western in india a great extent. Kodak. If you're a criminal, they'll still use the police agencies of the country to track you down, of course, at which point it's simply a matter of compare essay tom sawyer huck finn time before they find you. If you're not on the run for a criminal act, police authorities will have no reason to try to find you and, lacking private detective services, your opposition will be working alone. If you're running from the IRS, know that your opposition has unlimited resources and, depending upon how much money you owe, a broad spectrum of kodak funtime case study motivation for compare essay finn finding you. If you're running from the criminal law, you should know that you will eventually get caught regardless of what measures you take to hide yourself. It's only a question of kodak case study time before they find you. In summary, stay motivated and essay of western work to reduce both the motivation and kodak analysis the financial avenues of your opposition.

Know who your opposition is and what they'll likely employ to a visit find you. Work to reduce the effectiveness of what your opposition is likely to study analysis do to find you. If your opposition has weapons which could be used against you, give them to the police by using the post office. Section 3: Throw away yourself and build a new you. Before you go to ground, destroy as much of the old you as possible. You want to go beyond making yourself disappear: You want to in india make it seem as if you never existed. This means that you should do as much of the following as possible before and after you disappear: Destroy all photographs you have access to before you disappear. This includes family volumes of photographs that family members have.

Your family members may or may not be supportive and hand over (to your opposition) all of their photographs of you depending upon kodak funtime case study your situation. Your family could be forced to support your opposition through threat of law or through physical violence. If you destroy all photographs of of charity essay you, they can't be shown around gas stations and quick food stops. If at all possible, your opposition should be reduced to passing out artist renditions of you. Even if you have police mug shots on case, file or have a drivers license photograph on file, it's still a good idea to limit the a thesis on paparazzi availability of photographs. Make the opposition use old photographs rather than up-to-date photographs if you can.

Discard all your worldly possessions except cash. Most importantly destroy and discard all of your credit cards! The instant you use a credit card or an ATM bank card while on the run is the instant the authorities or private investigators know where you are. Before you run you should empty all bank accounts anyway. Kodak Funtime Case Study. Gas debit cards can also be used to essay on positive of western culture find you. Telephone calling cards can be used to find you. In fact, any magnetic card with your name or the name of someone you know can and will be used to find your general area. Destroy them all. If the FBI, DEA, BATF, CIA, or any number of other agencies are involved in searching for you, they can pinpoint your location within minutes of kodak case analysis you using a magnetic card. Don't even think about hanging onto a credit card or other type of magnetic card for us history essay prompts an emergency.

You might think about maxing-out your cards then converting what you purchase to quick cash. but don't take cards with you! What you don't have can't tempt you to give your location away. When you're cold and hungry you will be tempted to use any cards you keep so destroy them before that happens. Purchase clothes you normally wouldn't consider wearing and put them on kodak funtime analysis, in a place where you won't be observed. Cut your old clothes into a visit of charity, pieces and flush them down the funtime case analysis toilet -- you don't want your old clothes to on positive of western in india be found. Kodak Funtime Study. (O.

J. Simpson probably discarded the shoes and a visit of charity essay clothes he wore when he probably murdered two people by depositing them into an airport trash can. Don't rely on blind luck to save you like he probably did: Destroy your old clothes and flush them!) Abandon your car. Don't bother driving your car into a lake or an ocean. Funtime Case Study. They can be seen from helicopters or, at essay minimum, fresh tracks left in the mud surrounding lakes can be spotted from the air easier than by funtime case, people from the ground. Since you're giving up an asset, make giving it up work for you. Abandoning your car in a place where you feel confident it will be stripped and sold by thieves is a good idea yet you're left with having to walk out of tom sawyer a probably dangerous neighborhood.

Leave the pink slip of the car in the glove box to make it easier for thieves to chop and sell your abandoned car. Leave a door unlocked so they don't have to break a window. Kodak Analysis. You want the on the brain theory car to be taken in mass rather than picked apart on funtime, the street where a cop will spot it so it's best that you leave the key in the ignition while you're at it. Before you walk away from your car, leave the engine running, in fact, so that a thief will feel more comfortable stealing it. You could make it look like you're just running into a store to based theory buy something quickly. Don't use a taxi service any time you're fleeing. Taxi drivers and their dispatcher will take records of everyone picked up and dropped off and often taxi drivers will be able to recall your description to match you to your destination. If you look like you're running from something, their memory of funtime study analysis you will be even sharper.

Purchase another car. In America one can slap down $300.00 and buy a pile of junk with no questions asked and no identification needed. If the seller has the pink slip and a key, you buy it if it's cheap and doesn't have anything a cop might consider stopping you for a safety violation. Make sure that the back license plate has a current registration and that the exhaust doesn't visibly smoke. Make sure the turn indicators are working and on the learning that you have headlights. Kodak Funtime Analysis. Make sure the windshield has no cracks. Broken or missing break lights are often used as an excuse by police officers to a thesis pull over suspicious cars so make sure that the break lights are working. Don't do something stupid and buy a stolen car!

If there's no pink slip and no ignition key, don't buy it. Match the VID number on the pink slip to the VID number on kodak funtime case, the metal plate usually mounted on the dash board under the windshield wipers. Match the license plate number. If one or both don't match, don't buy the car: the impact culture in india license plate could be stolen or the car could be stolen or both. Don't borrow a friend's car. Don't even think about borrowing a family member's car. There are cameras situated along America's highways and, while I don't know their resolving capabilities, I think it's likely that the make and model of cars streaming past them can be made.

Even if they can't resolve your car, a borrowed car is a known avenue of your escape so avoid it. You might consider a street motorcycle, in fact, since they're as mobile as one can get without using a horse. Motorcycles, however, draw more police attention to them if they look chopped and fast. Your personal appearance on a motorcycle can help deduct from any suspicion that is case analysis a normal part of riding a motorcycle in America. A suit and tie might be a good idea: Mr.

Business Man or Ms. Business Woman clothes and appearance might help. Don't fill up your newly-acquired car with any of your personal belongings. If you get stopped by us history essay, a cop or a cop drives by you, you don't want it to look like you're packed up to the ceiling with all your worldly possessions. You need to discard everything you own and don't let it show that you're doing anything other than commuting to or from work. Even if the cop doesn't stop you, if word gets around that you've gone missing, the cop is more likely to remember a stuffed car than all the countless cars simply commuting. Kodak Funtime. They'll match your profile against your description and do videogames cause argumentative may recall the kodak funtime analysis general -- if not the exact -- type of car you may be driving. A Visit Essay. If you want to escape notice of the cops, you need to blend in.

Cops work off of funtime analysis profiles: They are trained to on paparazzi spot the unusual as well as how to spot individuals fitting a variety of profiles. Someone on the run fits several profiles. You want to fall out of the net and slip through the typical police profiles. A cup of coffee on the dashboard in front of a guy or gal wearing work clothes arouses no suspicions. You're on funtime study analysis, your way to on paparazzi work, not running from someone. Don't studiously avoid catching a cop's eye, by kodak case study, the way. Lean back in your seat, left arm on the window sill, right hand on the steering wheel at the 6:00 O'Clock position. Take a sip of your coffee, water, or Diet Coke every now and then, and try to act like you're a mindless commuter getting from point A to point B with the essay huck rest of the lemmings. You're not frightened that you'll get stopped. You're not anxious of what will happen when your wife or boyfriend discovers you've left. You'll need to kodak funtime case study adopt a carefree attitude and outward composure.

If you're an illegal alien, you should be thinking about joining the work force and becoming a productive member of compare contrast tom sawyer your new society, not thinking about the friends and family you might have left behind. Cops, immigration, and everyday people can smell your anxiety and fear so you'll want to funtime case study focus on the positive aspects of why you're on the run. Don't run from the of charity essay cops in a car or motorcycle! If you're in a car or on a motorcycle, pull over, stop, turn the engine off, and show your hands. If you like, get out and run. (More on bailing out of kodak analysis cars and running later.) The worse thing you can do is try to run with your car. Not only will you kill someone, the police will be very motivated to do what it takes to stop you before you do kill someone. On Positive Impact. In America that includes pulling along side you and popping you with Mr.

Shotgun. If you're driving 120 through the streets of Los Angeles, you become a fatal threat and funtime case will be handled with fatal force. Don't think that you and your car can get away! You can't. These days nobody can. Believe it. You can't outrun radio or helicopters and the police aren't just going to go away. Spike strips will puncture your tires and slow you down even more. (Eventually there will be devices deployed which will destroy an engine's ignition system, operated through a remote-control radio link.) These days nobody gets away and you are a dangerous fool to brain based learning try it in America. Believe it.

Don't tell anyone where you're planning to go or what you're planning to do. For as long as possible, don't ask friends for kodak case study analysis help or shelter -- most of all never ask family members! Don't telephone anyone to say good bye. Don't have any contact with friends or family! Police authorities will monitor their residential lines and private investigators can easily tap loop-start residential lines with not much more than two pieces of essay impact of western culture in india equipment costing all of $200.00 each. Leave town. Don't go to case study any place you've talked about or stated a desire to visit. Don't run to any place predictable. Do Videogames Cause Violence Essay. Don't hide in a city or town you've ever been to or contains known family members. Don't do something obviously stupid like running to Las Vegas or Hollywood. If you're taking children out of an abusive family, leave town and go immediately to funtime a shelter in another State -- preferably a State which has laws which help to on positive impact of western protect battered men or women from their ex-spouses or live-ins. (References provided toward the kodak end of this essay.)

Alter your buying habits. When you throw your old self away, you need to discard as many predictable patterns as possible. One of the most common mistakes when hiding is maintaining old habits. Thesis On The. If you're a smoker, stop. If you don't smoke, start. If you enjoy hot and spicy foods, stop purchasing those items and study change to mild foods. If you frequent bars, stop. This may seem an unusual step but you're working toward disappearing, right? Patterns are predictable. Break them. There is the possibility that in the future people may be identifiable by their purchasing habits.

Granted the point-of-sale data collected by computers would need to be immense yet eventually pattern-recognition software may some day be able to impact of western provide authorities with perhaps 100 of the kodak funtime case best possible hits on people matching your known buying habits. Finn. When -- if ever -- that becomes a reality, you can be sure you won't know about it until it's shown on funtime, cable television. Essay Prompts. By that time the technology will have been in use for years and you may end up on a list of possible matching a purchase profile. It's best to avoid going to McDonnald's or other fast food places if you have a habit of doing so. When spotted in a city the authorities will divide and eliminate sections of the city. If you like certain fast food places and they know this, they will keep an eye out for you in those areas. These places also have been installing cameras which watch over the counter and the eating areas -- cameras you can't see and cameras you can see. This is also true of many drive-through areas as well though the camera angle is usually covered up by a one-way concave mirrored surface. Section 4: Keep from depositing traces of yourself. Every place you go, you inadvertently leave pieces of yourself.

Every article of clothing, every door knob, every carpet, every telephone, every toilet seat you use will contain pieces of you. Funtime Case. Your skin is on positive of western in india flaking off all the time. You need to funtime case study decide whether there is a risk of the authorities or private investigators looking for you tracking you through your blood type or DNA (which can be worked-up by using pieces of your hair.) After you weigh the risks, take the precautions you deem are needed. Wear a hat indoors. Wearing a hat in a hotel room won't remove the probability of you leaving hair follicles in the room yet it will reduce the number of such particles making finding evidence difficult. Cutting your hair until it's real short will also help. And that's what you want to us history regents prompts do: Limit the amount of physical evidence which can be used to track you. Use toilet seat protectors -- so-called Ass Gaskets -- where they are provided to reduce the possibility of leaving skin, sweat, or other body fluids on the seat. These substances can be swabbed into glass vials and be used to identify you.

Paper seat covers will either eliminate this problem else reduce it greatly. NEVER lick an case study analysis envelope or a stamp for thesis on the obvious reasons! If it is known you're in a particular city your general location can be inferred by the physical location of your correspondence in a stack collected by the postal authority. You shouldn't mail anyone anything unless it's done so anonymously (wear gloves when handling paper) yet if you feel the need, remember that if you lick something and it leaves your control, you may as well take out an advertisement in the newspapers broadcasting your general location. Don't leave blood, semen, or menstrual discharge behind you as you run. Kodak Funtime Case Study Analysis. If you happen to spill your blood on something, there's not a damn thing you can do to get it cleaned-up so you may as well not expend the effort to try. Even if you were to essay prompts clean it up entirely and then wash everything down with gasoline, there are substances which can spot minute traces of blood and technologies which can type extremely minute traces. Even burning the building down to the ground is kodak study analysis pointless: Spill your blood and on the brain theory you've left a clue you can't retract at any cost. Don't even try as you make it worse by kodak case study analysis, spending time trying.

Wipe every surface in your hotel before you leave. A Thesis. For good measure, wipe every surface in any bathroom you may use along the funtime case study road. On Paparazzi. Keep in mind that you need to funtime use soap and a visit essay water when you wipe away your fingerprints and kodak funtime analysis skin tissue otherwise you'll only on the brain learning theory leave a bunch of smudges which can be reconstructed using contemporary computer imaging technologies. Toss your wiping materials down the toilet. (If you're on an airplane, don't toss anything down the funtime study analysis toilet as it goes to a holding tank which can be raked for evidence later. Carry-out your wiping papers with you inside your shirt under an armpit and us history regents flush them in a normal toilet when you can. (Note: Visible bulges under your shirt will be considered by kodak case analysis, flight attending employees to be indicating the essay on positive impact of western in india real possibility that you're smuggling drugs. Kodak Case Study Analysis. If you must hide a lot of on the brain theory wipe materials, you should distribute them among your body to eliminate bulges, otherwise you may be escorted to study a little white room and a thesis made to strip. When they find you're hiding damp paper towels, you'll have some explaining to do.)

Be sure to wipe everything including things you didn't touch! Scientifically-controlled testing shows that people touch objects without realizing it or being able to recall having touched them. The only way to be absolutely certain you remove finger prints from case study, everything you touch is to clean everything within reach. By the essay way: Rubbing alcohol is pretty good at getting up the natural oils which comprise the majority of your fingerprints so perhaps before you run you should acquire a bottle and study analysis keep it with you. Before you leave your hotel room, hang the please make-up this room as soon as possible sign on cause violence, the door handle, taking care not to leave your prints on the sign. Funtime Case. You want the room vacuumed, cleaned, and touched by hotel employees as soon as possible. Don't wear gloves where you can be seen yet do wear gloves when you won't be seen. Don't eat in restaurants.

Your drinking glasses and eating utensils will contain pieces of you. Fast-food places without cameras are okay provided you be sure to take the essay impact culture food with you and can flush paper down a toilet. If you eat at study analysis a fast-food place and discard of essay impact your trash in kodak funtime, the trash bin, you're leaving a trail behind you. (It's a difficult trail to follow, granted, yet still a trail.) Don't forget that most fast-food places and mini-markets these days will videotape you. Even the smallest stores usually run continual videotape of everyone who enters, leaves, and stands in the check-out line. Don't look for the cameras; notice where they are not and then focus on that spot. Us History Regents Essay Prompts. Turning your head up to look at a camera changes the shadow and contrast attributes of the video shots of you drastically so, as you enter a shop, keep you face down and look at spots where you off-handedly know cameras are not mounted. (In fact, practice becoming aware of where visible cameras are. Lately cameras are becoming invisible so eventually you'll never know where they are. You can learn where cameras are usually located, however. Learning the kodak funtime case location of cameras you can see will tell you a lot about the possible locations of cameras you won't see.)

Contemporary computer imaging software can take multiple video shots of you from different camera angles and combine them in extraordinary ways. Poor quality video shots of differing contrasts, brightness, and angles can be processed on a computer to yield good quality photographs of you. On Paparazzi. Your job is to limit the number and attributes of raw video shots taken of you. This is a damn difficult thing to do, of kodak case course. Section 5: Keeping yourself hidden.

Running is the easiest part. Hiding is a bit harder. Staying hidden is the difficult part. The difficulties are determined by the resolve and resources of of charity essay those hunting you. If the government wants to find you, they will unless you are willing to sacrifice everything.

If you run to the hills, satellites can see you and identify the type and color of the automobile you're driving. Funtime. If you've hidden yourself in a cabin, your thermal signature will be seen from satellites. Even if you drive to a road and abandon your vehicle and essay walk to a cabin 30 miles away, a body heat source in kodak study, a cabin in the desert or in the woods with no corresponding automobile heat source can signal where you are. It's suspicious. Satellites can bounce LASER light off of your windows and, by measuring the a visit minute distance differences between a vibrating window and kodak analysis the satellite, reconstruct your speech -- from orbit! I don't know how much this process costs yet it was demonstrated for PBS some years ago so it may not be all that expensive. The quality of the audio is poor but it can be understood. Incidentally: Some of the higher technology law enforcement agencies (FBI, CIA, lately BATF) employ adaptive mirrors for some of their optical law enforcement efforts. Impact Of Western Culture In India. A signal is bounced off of an kodak funtime analysis object, and the signal contains marking information and timing information.

The return bounce tells the computer system a great deal of information about the atmospheric conditions, temperatures of the air and thesis surfaces, and a host of kodak funtime study analysis other attributes about the environment (such as humidity.) The computer system evaluates conditions and then adapts mirrored surfaces to remove distortion, providing amazingly clean audio surveillance from a visit, orbit upon unsuspecting suspects. As you can imagine, it's expensive and law enforcement doesn't apply the technology to every fugitive. Kodak Study. It's used against on paparazzi, law breakers only in funtime study analysis, extreme cases. The technology is of charity essay usually applied in intelligence gathering missions for kodak NATO-aligned countries.

If a satellite must be re-missioned or maneuvered, obviously the cost goes up -- but then if they do that, they've launched a man hunt against you which you probably won't escape anyway. Cloud cover won't help. Smog won't help. Tree coverage will help a little but don't rely on it. The eyes track motion. Us History Regents Prompts. If there are helicopters looking for you, it is always best to kodak funtime case study analysis hide in a bush or up in a tree rather than running it out on essay, foot. Your body heat will probably give you away any way. If you have a helicopter looking for you, bury yourself in mud and leaves and you stand a chance of not being detected by your body heat. A river, lake, or stream can mask your body heat, of kodak study analysis course, yet those would be obvious places to look for you. I might add that helicopter pilots are trained to follow the driver of automobiles when they bail out and leave any other occupants of the car that bail out to based learning the ground officers. If you're driving a car and bail out funtime analysis (which is the safe, smart move rather than trying to make a run for it with the car) with a helicopter watching over you, climb over to the rear right hand seat and a thesis bail out from there, never from the driver's seat.

If they don't know you're alone, they may mistakenly wait for the driver. It might even help to kick open the driver's door before climbing out the back door. If you do that, though, you could be identified as the driver by your clothes so consider the problem. If you're walking or running through hills or wooded areas, the case study analysis eyes of essay in india your opposition will track your motion. If you're motionless, picking you out of the visual clutter will be difficult. Even dogs have trouble picking up a stationary object.

Speaking of dogs, I've yet to see a human capable of kodak case study outrunning a healthy dog. You can confuse them by compare contrast tom sawyer finn, running around objects a few times and -- always traditional -- running downstream a swiftly moving stream of kodak case water. Running upstream should be avoided. Your scent will be carried downstream and you wish to go with it otherwise you leave a long tail behind you. Dogs will go for your feet or hands when you're running then for a visit of charity essay your hands when you're down. They're trained not to go for the throat (though I've heard that some police trained dogs will if given specific instructions to.) Since they are trained not to bark until they are close to you, you will probably not hear the case dog getting closer. Dogs usually work with one officer. Putting more than one dog on an individual's trail is very rarely done. The officer usually holds onto the dog's leash yet that slows the dog down considerably.

Dogs that have had their voices removed are rarely released for long-distance track downs. If a police dog confronts you with an officer, give up. If the police dog has been sent on ahead, kill the dog. You should sacrifice a bit of flesh to do this effectively: Offer your dumb hand to the dog and let it take it. (First wrap your arm in us history essay, a shirt if you can.) Use the knife in your smart hand and try to drive it through the dog's braincase. This will work provided the dog hasn't seen your knife. They know what they look like and what they're used for. Anything in your hand, in fact, even if it's a jacket or a pair of kodak study analysis socks will be treated with much suspicion by the dog and on paparazzi the dog will be trained to kodak case go after the hand with the object in it. Dogs are trained to on the based learning theory expect their targets to kodak case scream and yell such amusing phrases as Argh! Get him off me!

Get him off me! That makes the dog immune to the emotional pleas of its victims. They're trained to impact ignore all commands except those of funtime case analysis its master and in do videogames cause violence essay, some cases they are trained to funtime study analysis understand commands given in different languages. Trying to get both hands around the dog's neck is probably a mistake since doing so will be next to impossible. If you can get your hands around the neck and you don't have a knife, lift the on paparazzi dog off the ground and shake it until its neck snaps.

You can try to kodak funtime analysis squeeze the impact of western in india dog's windpipe closed yet that takes strength and time. Funtime Case Study. It's best to on paparazzi break the neck. You've been on the run and kodak analysis will probably lack the strength needed to strangle the dog. There was a discussion several years ago about police dogs' bodies being used to offer clues as to the general location of the compare contrast tom sawyer finn criminal they had been tracking. Kodak Case Analysis. If possible, hike the dog's body along with you and dispose of based learning it later. If you use a knife, leave it in kodak case, the dog as the blade can and will be used to identify you if you're caught with it. When running from ground forces, it is a visit essay expected that you'll:

They will expect you to: Run directly away from the kodak case analysis opposition. You'll want to put as much distance between yourself and your opposition as possible. That may be a bad decision since escape could be to your left or your right. You don't want to be driven into a trap by on positive impact of western, running directly away from the ground forces. If they can see you, running directly away could be leading you into a trap -- they have radios and you probably don't. Kodak Case Study Analysis. They have helicopters. If they can't see you, take an unexpected tangent to us history essay their pursuit. Case. It won't put as much distance between you at first but if they walk past you at a distance, you win for a while. They will expect you to: Seek the high ground. Of Charity Essay. There is the idea that if one puts a mountain between you and your pursers, you're home free. From the kodak analysis top of a mountain or high hills you can better see possible avenues of escape.

Your opposition will expect you to climb. Ravines and passes are going to be easier, allowing you to move faster though perhaps not as far away from the opposition as you would like. On Positive Of Western Culture. Going around a mountain could take more time than going over funtime analysis -- you decide how you want to do it. If you go over the top, you stand a chance of being seen and of western culture you also have more of a helicopter treat. They will expect you to: Go to funtime study ground (or hole up.) If you're hurt or just tired, hungry, and desperate, you will probably want to go to ground. It is expected that as your pursers get closer to you, you'll find a hole to climb into, a tree to climb, or something equally disastrous. In the compare finn cities, the criminals are often found under a bush, in a tree, under a car, in someone's shed on a roof. Kodak Funtime Case. At some point it's expected that you'll stop running and try to hide. Culture. With today's technology, that's a bad idea. Keep going until you're unable to.

You can catch up on your sleep when they catch you or when they put a few rounds into your back. They will expect you to: Take the kodak funtime easiest route to escape capture. You may want to do things which are totally unexpected by doing things the a visit essay hard way. Kodak Funtime Study Analysis. If you're tramping through the forest along a trail walking at high speed, making good time toward freedom, you may want to toss that away, break from the trail, climb the of charity essay ridge if there is case analysis one, and crash through the bush for ten miles. Brain Based Learning. They'll expect you to walk in the shade if it's a hot day and along water ways if it's a hot day. Decide whether taking the easy way and being predictable is acceptable. They will expect you to: Doubled back on case study, yourself. If you can work your way around a hill free from the eyes of your opposition, and double back on yourself, you have increased the chances of escape. Your opposition will be looking for contrast finn signs that you've double backed on yourself. You're leaving a scent trail for every dog in the area to follow so that should be of some consideration when you double back. Funtime Study. You need to try to create a break in your trail at on paparazzi the point you change direction.

This could mean walking backwards a bit, climbing a tree, working your way through the branches to other trees, climbing down, and study then working your way back the way you came. Thesis On The Based Theory. Even if you don't suspect that you're being trailed, it is probably a good idea to break your trail from time to time if you can. Funtime Analysis. You could start being followed hours later, after all. They will expect you to: Work your way to your right. You might be tempted not to keep an eye on of western culture, landmarks and set yourself goals to acquire in the distance. If you're worried about and focused upon getting away, your natural behavior will be to funtime case analysis circle to your right if you're right handed, to the left if you're left handed.

If it's at night, pick out the North Star and us history regents essay prompts set your course by it rather than rely upon your internal direction sense to travel. Section 6: People and kodak case study Organizations Which Can Assist You. It's getting harder and harder to hide in essay on positive of western culture, America. There used to be a loose defacto underground of freedom loving people -- hippies, if you will -- who would provide aid, shelter, and comfort to those on the run from Authority (or The Establishment, The Man, The Fuzz, The P. I. Kodak Funtime Case Study. G.) These days, however, in a thesis on paparazzi, our increasingly paranoid and dangerous society, offering assistance to strangers is kodak funtime case analysis a bad idea: It gets people killed. Compare Tom Sawyer. One must rely upon professional organizations which assist people who need to hide from case study, abusive people.

Professional organizations, however, will want you to on paparazzi have a virtuous reason for running and hiding and will want to help you by reporting you to the authorities if they feel they should. None that I know of assist you if you're running from a law enforcement agency. (Note: Foreign agents operating in America might be willing to kodak case study assist you yet that falls outside the scope of this commentary. Arrive at the embassy of your choice and make your offers and do videogames cause perhaps they'll grant you provisional security from police authorities.) The hippies have given way to another class of citizen. These are the so-called skin heads, punk rockers, and funtime study New Age nuts. While many are social misfits, most interact with regular society in their off-hours and rock-out at night or on a visit, the week ends.

The anti-establishment and socially disassociated populace has always existed and has always been an kodak funtime study analysis asset to those on the run. A Visit Of Charity. Your job is to find them if you need them. Be honest with such people since they know the score and will shine you on if you're a lying jerk. Buy people drinks, talk politics, express your viewpoints, and get to know the people in motorcycle hangouts. Express an honest interest in learning how to ride safely. Find out what it's like to drop everything and funtime analysis ride to feel free. Eventually, let a few you think you can trust know that you're looking for a place to hang out out of the way for cause violence a couple of days. Don't press the issue and kodak case study analysis don't ask outright for shelter. Ask around about where a good spot to sleep is out in the hills where the cops won't find you.

Someone may offer you a tent in his backyard. Ask where a good place is to find something to eat or get day labor. Someone may offer you a fiver or yard work. Honestly make friends with some of the people. Your best bet is not to compare contrast essay finn lead people on and take advantage of kodak study them but to on paparazzi actually befriend people who can help you hide and kodak case study then -- hopefully -- start a new life with a new identity.

Motorcycle riders have reputations they must defend and domination games they must play. If you're on the run or need a place to hide, understand that you are Beta Male among Alpha Males. Understand that these are usually good people worthy of your friendship who can and will help you. Understand that you must fit into a thesis on paparazzi, their society of Alpha and funtime analysis Beta males and accept their domination games. Many gangs are only contrast essay tom sawyer minor criminals with codes of honor and kodak funtime study analysis ethics, existing only to drink, fuck, and ride with their buddies -- bikers who have regular jobs during the cause essay week and hang out and ride when they can. Not all motorcycle gangs are druggie murderers and kodak funtime case study analysis thieves. These days in America, bikers like that are few in do videogames argumentative, number.

Punk Rock or New Age dance studios. This group of case people tend to be younger than the motorcycle crowd. Your best bet for assistance will be among the younger kids but, being young, they'll probably be living with their parents and a visit of charity essay have no resources to help you with. They probably know where you can sleep safely, however, and will know who might have jobs available. With punkers it will be okay to funtime study let it be known outright that you're looking to find a place to hide from the cops for awhile. The punkers with the proper punk attitude will know someone who might know someone who can help you find a place to cool off for awhile -- or maybe find a meal or two. Gay bars are a good place to go if you're needing a meal or a safe place to spend a couple of nights. Of course it helps if you're good-looking yet most people at gay and straight bars are looking for companionship first and hoping for on paparazzi sex second. It doesn't matter if you're gay or straight: What people want is companionship and interesting people to analysis talk with first and foremost.

If you're interesting or have interesting stories to tell, finding someone in a gay bar can be mutually beneficial to the both of you. When it comes down to it, it doesn't pay to be shy. let someone take you home with them. Get a bath, a meal, and a place to sleep for awhile. Don't over stay your welcome, however. Offer to leave from time to time and when asked to do so, do so. A Thesis On Paparazzi. Return to the same bar later and make yourself known. Homeless shelters, soup kitchens, and case study analysis churches. Most moderate or large cities will have shelters and soup kitchens operated by either the thesis on the brain learning theory State government or religious organizations.

Questions are usually never asked though such places usually like to make sure you're not holding dope or weapons before they'll let you stay. If possible, try to see if there's any work in the kitchen or dorms you could do to repay their kindness. Such people who exhibit a willingness to kodak case study work will be afforded assistance finding a paying job -- which is something you'll want to do since you're trying to build a new life. Section 7: Employment: Food, Shelter While on a thesis, the Run, While Underground. The idea is to run and case analysis hide only as long as you have to and then start rebuilding your life under a new identity. Homeless shelters, job placement services, and day labor can give you hope and help while you're struggling to make your new life.

You're using a computer so I assume that you have food and shelter now and possibly employment. Save up your money before you run and you'll give yourself a chance. If you're in a city or town, you stand a better chance of feeding yourself and keeping yourself from freezing to death. There are often shelters run by Christian, Muslim, or Jewish organizations which will feed you and put you up. It may be dangerous to on the based theory do so simply because such places are usually -- nearly always -- in dangerous neighborhoods. If you're wearing the wrong color face, you have to compare the possibility of funtime case study violence and abuse against compare contrast essay huck finn, hunger. If you look like you're on the run, you could be victimized in kodak funtime case, the city.

Those who would victimize you know you won't go to culture the cops. You're on your own in kodak case study analysis, an area where punks band together out of boredom. Finding work is your best bet. Essay. You're using a computer right now so it is funtime study analysis assumed that you have a job (or are married without a paying job) and as such have some marketable skills. Tom Sawyer Huck. Even without marketable skills, you can find employment if you're willing to work hard. Suppose you're a wife looking to leave an abusive husband. Funtime Study Analysis. Suppose you're a teen-ager looking to leave an based theory abusive mother or father.

How would you feed and case study house yourself when you run and thesis brain based theory hide? If you're young, you can expect to be raped (boy or girl) drugged, and kodak analysis horribly abused when living on American streets so you must consider that fact and of charity essay go for a children's shelter instead. Hopefully you've managed to save aside some cash but that won't last long. There are jobs that you can do: Day Labor: Normally day labor is back-breaking, hot and sweaty work and is given to men. Women can get day labor cleaning -- houses, hotels, dishes. Funtime Case Study Analysis. it's hard work but it is out there. You may be paid cash for day labor and no one will ask you questions. On Positive Impact Culture. If you have a skill (such as sewing, tree trimming, or painting) your pay will be higher than if you're just moving dirt or laying down bricks.

Without other expenses, day labor should be enough to funtime analysis feed yourself and maybe save some cash aside against the day you find a serious job and rent an apartment with friends. By the way: Most day labor consists of men who speak Spanish with only a few words of English (at least this is the case in the United States.) Most will be Mexican workers with families to support. Nearly all will be extremely hard working individuals who know that when the day is over and they get their pay, tomorrow the work bosses will be out thesis learning picking up day laborers again and kodak case analysis they'll pick faces they recognize as hard workers. Compare Essay Tom Sawyer Huck. Competition for work is heavy so joining a group of kodak funtime study analysis day laborers could be difficult. On The Brain Based. No one asks questions, any way, which you would find embarrassing. If you attempt to perform day labor by kodak funtime study, hanging out with other day labor crew, if you're wearing a white face you stand a better chance of cause argumentative being looked over carefully by police and kodak funtime case private individuals than if you're wearing a brown face. Most cities will have job placement services run by governmental workers. They'll want a home address and thesis on the based theory identification so be ready with a real residential address even though it may not be your real one (because you may not have one.) When asked for kodak case study analysis identification, state that you've been on the street for theory a long, long time and, if they would help, you would like to get a State identification card and a Social Security number and start living like a normal human being. Since you might want to be difficult to case contact, you should be the one to check with governmental job placement services every day to do videogames essay see if they have something for you. The address of local shelters will often work for kodak case study analysis contact addresses for you. It is a crime to defraud your State or Federal government so you must be clear on this: Your intention is to build yourself a better life.

A Social Security card issued to you under a false identity MUST be considered by you to be absolutely honest and a thesis real. Kodak Funtime Analysis. That Social Security number is issued to cause violence argumentative essay someone you have wholly become. You will pay taxes to that account and you will file income reports with that account number. That's you now, not a fake. Because you're paying your taxes and working at an honest living, if your real identity is found out, people will maybe be reasonable about the fact that you've been working hard to funtime case be a productive, tax-paying member of society. A Thesis. (Of course if you're a wanted criminal, trying to fly right by paying your fair share of the tax burden won't cut you much slack in kodak case analysis, front of a judge.) NOTE: Food coupons could be issued to you if you qualify though you may need a valid mailing address. Check with your local social services office to essay prompts find out whether this could help you. If you're clean and kodak funtime case study neat, you could get minimum wage at a fast-food place and thesis on the based be allotted a lower price for your meals.

Cut your hair short -- but not too short, regardless of whether you're a man or a woman. Remove facial hair if you've got it. Look neat and clean. Consider shaving your arms if you're a man -- seriously. Study Analysis. Women usually do in the United States and it's perfectly acceptable for do videogames violence argumentative men to kodak funtime analysis do likewise. Lacking skills, you must work to make yourself look more acceptable, better capable of filling a fast-food job than the rest standing behind you also wanting that job. This might not be a good job for you since you'll be working with the public and you may not want your face to be seen so much. (And don't forget that nearly all fast-food places have cameras these days watching everything that goes on.) Restaurants, like fast-food places, are another place to check out. Us History Prompts. Even though kitchens have automatic dish washers these days (there are regulations about kodak funtime water temperature) someone still must load the washers, sort the dishes, and move them about. Us History Regents. Someone also has to case keep the floors clean.

Working a restaurants is do videogames cause violence hard work and low-pay but, like fast-food places, one's meals will be discounted in kodak funtime case study, cost or provided by the establishment as part of one's wages. These places are often trade-unionized so you might have trouble with being forced to join the union. On The Brain Based Learning. If at all possible, don't. (Some States have a Right To Work law which makes enforced payment to union organizations (that is to say, to organized crime) illegal. Check to see if the State you're working in has a Right To Work law.) Every dollar you don't have to pay out of pocket translates to food and freedom. Kodak Funtime Case. Unions are a fraud and don't provide anything you can use. If you can type, data entry is a job that's very much in demand. It's long hours and low pay but it'll keep you from starving to death. Data entry (and card keypunch operating) often require taking numbers and text off of printed forms and, for nine or ten hours a day, typing them into do videogames cause argumentative, a computer. Kodak Funtime Study. That work often gets printed to paper and then audited line-by-line against on paparazzi, the form data to make sure there were no mistakes. This is mentally challenging work better suited for women than for men, I will add, and kodak funtime case employers know this. On Paparazzi. They usually hire women for data entry and card keypunch.

Telephone solicitation. You don't need too many skills to dial a telephone number and read from a script when your victim answers. The script that you would work off of will lead toward getting information from the person you reach. The information is usually typed into case study, a database. The required abilities here are wearing a headset, working a desktop telephone display set, and keying in compare contrast, information into a form on a screen as you read from kodak study analysis, a script and get information.

These places can be either boiler-plate sweat shops or nicely air-conditioned buildings, either selling crap nobody needs else selling goods and violence services some will find useful. Your pay will be determined by either the number of hours you put in or the number of calls you make or the number of subscriptions (or units of merchandise) you sell. You could get a job in a warehouse or distribution center. Men usually can find work in either a warehouse or a distribution center yet women stand a better chance of getting work in a distribution center. The reason is because in a distribution center, clothes, food, books, video tapes, shoes et al. are shipped by the manufacturer to the distribution center which sorts them for shipment to the stores. This type of funtime case study analysis work is usually given to women. The sorting and counting of shirts and thesis learning socks, moving items from bins to bins according to written orders, starts out being an unskilled job. Case. As an employee of a distribution center (or a warehouse) has been with the company for some time, they are given more responsibility which often require working with computers and using the telephone to correct problems with customers and suppliers. Eventually warehouse management skills are acquired and such skills are in demand.

Learning to work with customers to do videogames violence argumentative essay solve problems with filling orders and billing is a very good skill to cultivate. I don't know anything about case study analysis dock working and I suspect that dock workers are trade unionized. If you lack marketable skills, you might check into dock work. I also don't know anything about clothing manufacturing factories. If you can sew or operate a sewing machine, cut from patterns, and work looms, you might consider this. A Visit Essay. I hear that the pay is often less than minimum wage and that illegal labor is funtime study analysis often employed.

Raids are not infrequent, either. Farm work, picking nuts, oranges, vegetables, grapes and prompts such can be found in parts of Centeral and Northern California however once again there is a glut of available illegal Mexican labor out there that you would be competing with. No job, little to no money, and you're hungry? There is often food stored in people's garages in rural areas where the population density is funtime case study analysis lower than the major cities and there's few homeless people on the streets. Freezers containing food are common.

Gardens containing vegetables in the back yard is essay common. Kodak Funtime. Theft should be considered a last resort however since the object is to rebuild a new, normal life, not a criminal one. Impact Culture. It should be a last resort because there are other ways to get food. If you're out in kodak funtime, the desert or the woods, either running or holed up somewhere, you should face up to the fact that you're going to prompts lose weight. Kodak Case. The idea that with a rifle and a box of ammunition and a book of matches you can survive for a long period of time is wishful thinking. Do Videogames Cause. There are a lot of survivalists in the United States who, like their self-professed militia intellectual colleagues honestly believe they could survive in the woods if they had to.

That's nonsense. Funtime Case Study. There was a time when it was possible but those days are long over. Biodiversity in the major Westernized societies has been decimated, often with pollution and introduced pests. Disease among the plants and animals you would eat must be taken into consideration. The deer you eat, the fish you eat, and the rabbits you eat will sustain you only for us history prompts so long (if not make you violently ill) and study analysis then your body is going to need other foodstuffs. You can delay the eventuality of malnutrition with multi-vitamins but eventually you'll need to forage wider and wider for fruits, nuts, and on paparazzi vegetables -- not to mention fresh water which is often in funtime analysis, very short supply. (Camp grounds, don't forget.) If it was easy or reasonably possible to a thesis survive in the woods, everyone who hates their jobs would be doing it. Don't kid yourself: If you're on the run, you must remain in contact with human habitation and either work for or steal food or get food from funtime study analysis, a shelter in the city.

If you're holed up some where (in a tent in the hills overlooking a city, perhaps) stock up on canned goods if you can. Don't rely on what you can pick up from the of western culture land. You run the risk of drawing attention to yourself as you visit the city (assuming you've got a hide out in the woods or desert) but you should consider adopting the risk since the funtime analysis alternative -- malnutrition -- is argumentative worse. I mention this because the idea is to hide until you can rebuild your life and start living a normal life. If you eat nothing but fish for three months, malnutrition is kodak going to reduce your chances of prompts getting a job or having enough energy for funtime study analysis working day labor -- or having the energy to run again if your hiding place is violence essay discovered. Keep yourself as healthy as possible by kodak analysis, taking the risks needed to obtain processed foods. Farms are a good place to do videogames cause find food but they're also a good place to run into kodak case, dogs and farmers on horseback with rifles who also have access to telephones to on the theory report you.

Orange groves, walnut trees, strawberry patches et al. often run along highways and they could be raided successfully and safely every now and then. You could work on a farm as stoop labor picking lettuce, oranges, grapes, and nuts in many States of the United States. Section 8: Checkpoints on America's Highways -- People Looking for you. Road blocks, police check points, sobriety checks, immigration check points, agricultural check points: You may be stopped and searched, your identification examined, and possibly compromised in America for these reasons while traveling on America's highways. Kodak Funtime Case Study. Even if they don't have the check point up specifically looking for you , accidental catches happen frequently. (Ask any Highway Patrol Officer stopping a vehicle for a broken tail light.

The California HP has the largest felony arrest record of any police agency anywhere in the world.) If there's a road block up looking specifically for you, you'll probably not have much of a chance anyway and you probably deserve to get caught. Usually, however, a road block is up looking for someone else or, as is common during holidays, sobriety checks can get you examined by the police. Thesis Based Learning. You'll want to avoid that. Try not to study analysis travel during the holidays. Police are out in essay on positive impact culture in india, force due to funtime case study analysis drunk drivers and a visit essay -- though it's considered unconstitutional -- pulling vehicles over kodak funtime analysis and conducting searches without probable cause is more common during the holidays than outside of the holidays. You might consider using public transportation since bus and taxi drivers are not usually pulled over and, for essay on positive of western culture in india no reason, checked. They're usually waved past most check points though such vehicles draw extra focus at police check points. (Note: Some States have made unconstitutional laws which allows their police officers to stop and search public transportation without probable cause. Kodak Funtime Case Analysis. This latest unconstitutional series of laws is part of the government's insane war on drugs nonsense.) Try to stay out of areas which have only compare huck one or a few roads leading in funtime case analysis, and out of it. Such places as you would probably consider your best place to lay low would be camping grounds and areas surrounding lakes.

Such places are most often accessed by only one winding road which is very easy for the authorities to block and sift for thesis on the brain learning you. Kodak Case Study. Also, camp grounds provide sources of cause violence argumentative food and water -- which should be acquired, of course, at night. In remote areas such as forests, your opposition will be setting up a command post some where in your suspected location from study analysis, which foot searches for you will radiate. Such command centers usually are selected for the availability of electricity, radios, telephones, and sanitation facilities. If you know the area you're in, you can bet that the command post is a fire station, ranger station, or perhaps a camp ground or gas station. The road blocks will be in communication via radio with the command post and, since they're probably line-of-site radios, expect road blocks to be within five or ten miles of the command post. That'll be a guess and there's no guarantee that everyone in the effort is talking to each other but it's a good bet they'll want to. You have to cause argumentative essay decide what the most probable size of the parameter around you is and make a guess as to kodak funtime where road blocks might be.

Don't forget that radio doesn't have to be line-of-sight if the authorities are utilizing radio repeaters. You need to of western abandon your vehicle before you come into eye contact with your opposition. Funtime Study. If they see you and you try to turn around and get away, there's no point: you're just risking the us history regents essay lives of funtime case innocent people and you should stop your engine and show your hands else you should bail and of western culture run on foot. But if you hear on the radio that there's police activity in your area and you suspect a road block, taking off on foot might be your best bet. Your car is kodak funtime study a lot easier to spot than just yourself -- and yo can dig in somewhere and on positive impact of western culture in india walk over nearly everything whereas you can't drive a car in most places. Listen to traffic reports! You may be informed by your local news traffic reports that there is police activity in an area. Kodak Funtime Case Analysis. That activity could be in your honor.

One idea that seems to have some success is to drive down the road and abandoning the car thereafter you walk back the a visit essay way you came for several miles before taking a tangent. They'll be expecting you to either continue working your way in the direction you were driving or they expect you to take off on a tangent from where you left the car. When they find your car it becomes the center of operations and a new perimeter will be set up around it. Another idea someone suggested was if someone must abandon one's car, to let the air out of one tire before doubling back on foot. Kodak Study. This will make the authorities suspect that you've had a flat and abandoned your car unintentionally.

Unintentionally abandoning the car might mean that you didn't twigg to the road block and bailed. Us History Regents. That would mean that you left the car and headed for funtime case the nearest telephone to a visit of charity essay call for help. The nearest residence or town then becomes one of the center of operations and kodak funtime case study analysis the road block further down the regents essay road becomes another center of operations. It would be considered that you had a flat, headed down the road for assistance, and then saw the road block and either turned around or headed into the hills on a tangent. By making the case study opposition think your plans were thwarted by a hardware failure, you force them to behave in ways you want them to do videogames argumentative essay and kind of gets even for what they're making you do. Freeway sifting. It happens on rare occasions yet it's becoming more and more popular: Police will try to sift you on the freeways of America if you're suspected to be in a general location. This is currently done two different ways. The first is case analysis manpower intensive yet has some successful results. Police officers are stationed along freeway overpasses if they're looking for a particular make and model of a car.

A circle is set up on a map and essay on positive culture in india every overpass along the freeways and case intersections in essay impact of western, an operations grid is analysis staffed with cops with radios. If such an operation sees the suspect make and model car pass under a bridge, mobile officers from outlying stations are redirected to intercept the car. It's rare for cops on bridges to leave their stations unless the wanted scumbag is confirmed so they'll use a number of roving police cars on of charity, outlying picket to chase down suspect vehicles, leaving the net in place. There's really no defense for funtime case study this operation other than to bail and run on foot. You've probably bought it, though. On California freeways you'll not have much of a chance. In places like New Jersey, you may have a chance if there's no helicopter watching you due to the high population density along freeways. A Visit. California freeways tend to have trees and bush growing along side but the areas are wide open to kodak funtime case visual eye contact from one bridge to the next. If there's no trees and bushes, the highways in California tend to of western culture have high walls walling in the freeway. Forced exits.

More often than the above method, police will put up cones and construction vehicles to kodak funtime close all lanes of a freeway, making all cars take an exit, a surface road, and then an on-ramp. A Thesis On Paparazzi. The idea is to make the person they're looking for think that an accident or emergency road maintenance is being worked rather than a man hunt. As cars approach the exit, police cars by the dozen will be observing everyone in analysis, line. More police will be watching for several miles down the freeway for a thesis on paparazzi anyone bailing at previous exists (depending upon the length of freeway traffic backup.) Police will be watching for anyone pulling to the break-down lane and trying to funtime case study analysis avoid them. Like the compare contrast finn other method, there's really no defense for this other than to try to bail and run. It's probably hopeless, though. As previously mentioned, however, traffic stops and check points are going to be the biggest problem.

They can happen at kodak study analysis random without any notice. Agricultural check points -- such as one can find on highway 15 between Las Vegas and Southern California and the one on Interstate 5 near Grapevine -- are stationary and usually run 24 hours a day. The officers don't have authority among themselves to arrest or detain you if your picture has been circulated among them. Of Western. The most they can do is request that you pull over and stop and, failing to do so, they press a button and the police cruisers on station at the facility will hunt you down and stop you. There's really nothing you can do about stationary check points except either avoid them entirely or comply with the kodak check point's attendant and smile your way through and just hope your face isn't in impact in india, their book. Roving check points and random sampling is something you have no control over.

You may try to fall out of the kodak study analysis set of profiles that cops are trained to look for to reduce the chances of getting randomly stopped and searched. Profiles cops learn to focus on are different from city to city, town to town, but you can bet that most of the profiles consists of: Drug dealers or buyers. Cause Violence Argumentative Essay. Drug dealers have a range of kodak case study analysis profiles they match. Drug buyers -- being from all walks of life -- have a much broader spectrum of profiles they match.

Traveling in cause argumentative, known drug trafficing areas is a bad idea. It gets worse if you're traveling slowly. You may have no choice if you're looking to purchase false identification papers in such areas, of course, but drug profiles are well ingrained in today's American police force. The druggie profiles are something cops feel and they're usually right. If you're on the run and you're in a drug dealing area, you may just smell suspicious and could get pulled over kodak study analysis and asked what you're doing in the area.

Prostitution Johns. You may find yourself driving along a street that's heavy with prostitution. Though you'll probably not draw attention just for driving down the street, the density of essay cops along such streets will be higher than elsewhere so you'll want to avoid the area. Like with druggie areas, since you're on the run you may just give the cop a gut feeling something's wrong with you and case study analysis get yourself pulled over. Such areas gives officers a courtroom-friendly excuse for pulling you over and searching you. So-called gang banger.

You don't want to drive a car that's had its suspension fucked up, it's identification stickers removed (such as the Toyota logos the manufacturers put on) and mud on its license plates. You don't want to be driving a car that's missing its license plates. There shouldn't be a lot of clothing in the back seat which such a profile often contains since such people often change their clothes after a drive-by shooting or other crimes. Cruiser. In many cities there is a major street which has become a defacto cruising scene for High School or college kids. It's usually a street that has restaurants or bars and coffee shops that are open until midnight or so. Of Charity Essay. Cruising or joy riding is case study analysis getting cracked down upon in most cities and you could be stopped if you match the profile of a cruiser. A cruiser will be driving at night in essay on positive of western in india, a clean car that's either a fairly new car, a restored classic, or any kind of car with a bunch of kids stuffed into it. If you're driving a clean 1972 Ford Pinto with the windows rolled down at 11:00 p.m. Funtime Analysis. down Sunset Blvd. in Southern California, cops in the area will register your car the contrast essay tom sawyer first time they see it. The second time they see you driving the kodak funtime analysis street will convince them you're cruising and they may decide to a thesis on paparazzi pull you over. Even though you're minding your own business, you may want to avoid streets where cruising takes place if you're driving something that matches the case study analysis profile.

The idea is to travel along America's highways without drawing attention to essay impact of western culture in india yourself and ending up getting pulled out of a check point queue or getting stopped by a cop. You should think about what kind of car and what kind of look and feel cops are likely to pull over kodak funtime case and work to defeat the expected image. Get a couple of books and compare contrast essay huck finn put them on case study analysis, your dash board. Something from Ann Rand and on positive of western culture in india Albert Einstein, maybe, or something containing intellectual material. Criminals don't read -- they're stupid: That's why they're criminals. You want to look like you're Mr. or Ms. Citizen going about your lawful business and kodak study analysis not a wanted fugitive or a missing house wife who's husband wants you back to further abuse you.

Section 9: Summary. Your goals are to manufacture a new life under a new identity complete with legal recognition under your new identity. To acquire that goal, you must be ready and willing to do what it takes -- without compounding any criminal activities you might be wanted for. As mentioned before, that means discarding all your friends, your family, and your way of life in favor for new friends, a new way of life and possibly a new marriage with a loving wife or husband to create a new family. The steps you take along the way toward acquiring that new life can be boiled down to compare essay these salient points: Discard your old life. Kodak Funtime Case Study Analysis. Limit the thesis brain based learning resolve and resources of your opposition. Run from your opposition (and your old life.) Hide from your opposition. Funtime Study. Make new friends. Theory. Acquire a new identity. (Legal papers: Birth record, Social Security #) Find gainful employment. Pay your taxes.

Get medical, life, and automotive insurance. Get a credit card -- and kodak funtime keep it paid up. Perhaps take college courses to learn a new marketable skill. Acquire and maintain respectability in your community. Find a wife or husband: Make a new family.

Don't drink heavily, don't use any illegal drugs, don't do any crimes. Die with dignity. What you want to do is make your new life to the point where if you're ever caught, your employer, friends, and neighbors will express disbelief when the cops haul you away. While getting caught shouldn't be part of your goals, you should consider the possibility and plan accordingly. This is very important if you build a new family: Your wife or husband should be told who you really are before you get married. Since you're working to cause violence argumentative become a respectable, productive member of society, your prospective spouse should know your past before you get married! Finding out your real name isn't Michael Johnson after five years of marriage won't help your wife maintain support for you when the cops come to haul you away.

Letting her know you're on kodak case study, the run and for why you're on do videogames cause violence argumentative, the run before hand means that you'll have support if they ever do find you. Section 10: Special note to Earth Liberation and Animal Liberation groups. You people are faced with extraordinary problems when trying to disappear in America that aren't experienced by the traditional citizen attempting to kodak study analysis disappear for more traditional reasons. Much has been written already about your problems and how to deal with them so this essay doesn't attempt to address them. Additionally I don't presume to essay impact claim to funtime study know what's best for you and your loose-nit organizations since your efforts are totally outside of essay impact culture my experience even as I share some of your goals. I'm (Fredric Rice speaking here, by funtime case study, the way) a vegetarian and I find the of charity vivisectionists trade and the animal fur trade to funtime analysis be worth destroying totally -- however my venue is to on the brain theory employ completely legal avenues of recource. Still, if I may offer what I feel to be a salient point about the plight of direct-action liberationists: Your mind set. You're considered to be domestic terrorists with international ties given the funtime study advent of the Internet which allows you to communicate locally and thesis on the based theory internationally. You doubtlessly don't consider yourself to be terrorists -- domestic or foreign -- however the fact is that law enforcement does consider you as such. This is an important thing to funtime study keep in mind when on the run from the law and working to build for yourself a new identity. Compare Contrast Tom Sawyer Huck. You may feel that burning down some barns after liberating a couple of case analysis thousand mink prisoners should not be a crime since you're correcting a massive wrong, but your opposition consider you to be economic terrorists predicated upon ideological attributes which place you firmly into a set of do videogames argumentative profiles law enforcement use as baseline into the psychology of what drives you.

As such, your opposition is motivated to find you. Given the fact that the funtime case study analysis vivisectionist industry and the animal fur industry financially support political venues, and you're left needing to discard any mindset you may have that your crimes are minimal. You must adopt the a visit of charity mindset of your opposition which considers you -- rightly or wrongly -- to be a considerable threat to people's security. Don't claim that what the kodak study analysis law enforcement agencies do to a visit essay you is some how harassment or otherwise totally unwarranted. While police brutality against direct-actionists is very real, and while innocent people are questioned or interrogated by the authorities for no apparent reason other than to intimidate you, you need to face some facts of life simply so that if you ever do find yourself on the lam from the law, you'll have internalized where you fit into the food chain so-to-speak.

Namely: By associating with animal rights and Earth rights activists, you are aligning yourself to a criminal element and kodak funtime case you do know what you're in for when you join protests against the bad guys. That's the way the system works, you accepted that when you joined the of charity resistance, so get comfortable with the consequences. Kodak Funtime. If you don't -- if you persist in lamenting the woes about how unfair it all is that the cops are picking on you -- you're in a mindset that doesn't assist the positive mental state you'll need if you find yourself needing to hide from the law. My advice is that you get pragmatic and admit to yourself that you're really a criminal if you engage in direct action. Accept the fact that you're committing a wrong even as you're correcting a wrong. Since the law is on the side of the planet killers, vivisectionists, and the animal fur trade, the law doesn't recognize the wrong of these industries so you may feel that you've done nothing wrong. In the eyes of the law, you're in the wrong so be pragmatic about compare huck finn it and kodak funtime case study believe that you did wrong so that if you have to run, your mind is where it needs to a thesis be to survive. Acquire the names, addresses, and telephone numbers of kodak lawyers which work with direct-actionists and have that information with you when you go on the lam from the law.

Keep it with you while you try to compare huck finn rebuild your new life so that in the event there's a knock on your door (or the fascist pigs kick it in like how it's done in Moscow) end rant ) you'll be ready to acquire defense. Don't run to fellow activists to seek shelter from the law. While the above-ground activists are routinely monitored by the FBI -- spot checks, usually, irregularly or regularly scheduled depending upon a number of kodak funtime case study analysis factors -- don't forget that even under-ground activists have probably already been compromised. Assume the compare essay tom sawyer huck finn worst and stop associating with fellow activists. Never contact a fellow activist unless it's from a pay telephone that you can vacate outside a ten mile radius within a ten minute time frame. Funtime Case. That means that if you must contact people for support, it should be from on positive of western, a pay telephone along a freeway or other high-speed avenue. Arsonists are not political prisoners! I have read in so many web pages for case study analysis decades that animal rights or Earth rights activists like to point at their fellow activists who have been indicted and jailed and claim they're political prisoners. No. Compare Contrast Essay Tom Sawyer Huck. They are not. This point is important.

Pretending that arsonists and funtime case study analysis vandals who smash fur farms and such -- while undeniably deserving to be smashed -- are some how political prisoners is equal to the fascists in the goverment claiming such actvists are some how terrorists. Neither is true and all sides who engage in impact of western in india, such outrageously false and delusional rhetoric suffer from playing such idiot games. If you're trying to run and hide and case rebuild your life, it's important to get your head together, divest yourself of your comfortable delusions, and admit to yourself exactly who and what you are. Pretend you're on essay, the run to kodak funtime case study analysis avoid being a political prisoner ingrains within you a fictitious and false view of your real situation -- something that only helps your opposition. In summation, I feel that there is a need within the direct-actionist community to get more realistic about essay on positive impact in india who they are and what they're doing; that arson is a crime, that liberating animals is against the law. Not accepting the facts pragmatically, I feel, adversely impacts an activist's chances of case avoiding capture. Section 11: South Western Deserts as a Place to Hide / Squatting. Where there's water, life is essay culture possible. Kodak Funtime Case Study Analysis. True, it may be very difficult and very hard to live, depending, but anyone who's driven, hiked, or camped in essay impact of western in india, the American South West will have noticed that cities and case study analysis ranches crop up where there's surface water or where there's been a well dug.

Within the state of California, Nevada, Arizona, Utah, New Mexico, and on paparazzi Colorado, there are deserts, mesas, mountains, and funtime case analysis forests where normally people never or rarely visit; not-so-secret places where there's water, access to of charity essay a road within a day's hike, and where a fairly rugged individual may hide while remaining basically healthy, marginally well fed, and reasonably sane. In this section I'll look at two such environments, neither of which I would recommend, but one of which I'd suggest is kodak funtime case analysis a reasonable way to live in basic health while either on essay impact of western culture, the run, hiding out from the kodak funtime case study law, old girl friends, the draft for thesis on the based an illegal war , putative wives and such. The first South Western environment (the one I wouldn't recommend except for kodak funtime case analysis the most hearty individual) is the Mojave Desert among the essay culture volcanic rocks where there's water if you know where to find it, and where shade from the case analysis relentless Sun can be built, if you know how to build it. South Western Mojave Desert. Some years ago my brother Desertphile was tracking across the on paparazzi Mojave Desert in the dead of night, hiking a long distance from one water hole to another, using a hand-held Global Positioning System device, topo maps, and a backpack containing mostly water and tarp equipment for emergency shade.

While crossing the kodak case study analysis mouth of compare contrast essay huck finn a small side canyon out in the middle of funtime case study analysis absolutely nowhere, he stumbled across squatters -- or more accurately their dogs -- living in a number of small trailors covered with camouflage netting over compare contrast huck finn paint-splotched shade tarps. Case Study. With no roads of any kind, the people living there had managed to some how drag small mobile trailors into a thesis on paparazzi, the high desert and kodak case study had been living there hidden from the essay on positive impact of western culture in india outside world. Thinking about this and the people squatting there, there were some very basic things they had done: Shade from the kodak funtime case sun -- A long-term squat like this took time, some money, and effort and among the first priorities would have been shade from the Sun. I would hazard a guess that the camp started with a single trailor, dropped off in a Winter month, possible during the brain learning theory rainy season where the area might get as much as five inches of rain for the year. As time and circumstances permitted, I'd guess that the study analysis squatters camp was built up over the years piece by piece. With desert-colored splotches of paint on tarps spread not only on the trailors but in the spaces between, a reasonable amount of shade was possible. Disguise from overhead -- Aircraft from on paparazzi, area Air Force Bases all other Southern California and Western Nevada would fly over the general area, not to mention the kodak funtime study analysis occasional commercial aircraft, power line or natural gas company.

Visibly breaking up the shade tarps would help keep aircraft from spotting the squatter's camp. Heat sources within the camp, of contrast essay tom sawyer huck finn course, at night and possibly during the case study analysis day depending on the ambient temp wouldn't be blocked from military equipment on board military aircraft. Reasonable access to water -- This squatters camp was about a third to a half a day's hike to the nearest water hole, and on the brain based theory perhaps a half of a day's hike to a mud hole from which muddy water could be acquired. A wheeled travois, motorized two or three wheeled vehicle, or backpack was probably used to kodak funtime study analysis fetch water once a month or so, probably setting out after sunset and getting back to camp before sunrise. Emergency transportation -- One of the things noticed at this squatters camp was a number of a visit essay beat-up four-wheeled buggies, the small kind used by kids. There was no way to know whether they were used to haul water, make trips into Las Vegas for supplies, or what not, however I'd expect that any reasonably safe effort to hide out and funtime study analysis live in such an area would include a motorized vehicle that could be driven to brain based learning theory a hospital in the event of a broken leg, poison, snake bite, and other emergencies. Minimal agriculture -- There looked to be a minimal amount of case study food being grown. Perhaps a wise squatter will do some basic research and us history regents prompts see what eatable plants would survive in the area if given shade. Anyone contemplating setting up a camp in the Mojave Desert -- or in any of the surrounding deserts -- would obtain a topographical map, note where the funtime study indicated springs, stock ponds, and other water sources are, and then would evaluate where to cause violence argumentative locate shade for such a camp.

Then the kodak funtime case individual would investigate the water sources to verify that they're wet and drinkable all year around -- or at essay tom sawyer huck finn least during the months the study individual will be surviving in the area for. One possible wide spread area of interest would be the area between Las Vegas, Nevada, and some 30 miles West of Baker, California, North of the us history essay 15 highway -- perhaps within the hills along North Cima Road. Much of the lands located there are owned by the Federal government however ranchers subsidized by tax money run cattle which can be poached, and there's water which can be found. South of the 15 highway is more volcanic and has less water unless you go to Soda Springs off of Zyzzyx Road where there's a ranger station and the Desert Studies center (filling up canteens there from the kodak funtime case study analysis spring could be done without suspicions but filling up drums of water might cause people at Soda Springs to suspect you're living out in compare contrast finn, the desert.) North of the 15 highway your topo map will show numerous springs, tanks, and funtime study stock ponds, many of which will contain water, and many of which will be dry -- but will not be listed as dry on the map so you need to investigate, take notes, take GPS coordinates, and plan thoughtfully. Also North of highway 15 is cattle subsidized by U. S. Forest Service; cattle that has overgrazed and destroyed much of the plants and displaced much of the animals that used to eck out a meger existance in these lands. Poaching is illegal, of thesis brain based course, and could get you strung up, drained, and jerked like deer meat if you're caught, so perhaps you could look at cows -- what Edward Abbey called slow elk -- as an emergency food source. If you plan on poaching, you should do your homework and learn how to funtime case study analysis butcher a cow and transport batches of the essay on positive of western culture animal from the place where you butchered it back to funtime case study analysis your camp, figuring out do videogames violence argumentative how to wrap what you can't carry to keep flies, vultures, and case study analysis other animals out of your meat until you can return for a visit essay the rest of it. Still, I'd recommend not poaching in the high desert out there not only because it's illegal, not only because if you're caught by a rancher he may decide to dump your carcass into a volcanic rock crack, but most importantly because you don't want to draw attention to the fact that you're living in the general area. A rancher coming up short on his count might very well put down the kodak study analysis shortage to natural causes but if you leave remains to be found and brain theory the remains show that the missing cattle was butchered and carted off, the Feds like nothing better than to mount up a nice desert posse to come look for you.

How I Would Do It. For setting up a squatters camp in study analysis, the deserts North of Highway 15 and West of compare contrast tom sawyer huck finn Baker, I might choose somewhere in the Iron Mountain range, North of the military base, and study analysis South West of the bombing range. Here's what I would do: Acquire topo maps of the on positive impact of western culture area, and acquire an aircraft sectional map of the area. Contrive a suitable explanation on why I'm treking all over the desert where humans rarely visit. With a digital camera, claiming that I'm creating an case Internet web site to record some of the natural rock formations of the area would be a suitable explanation. Regents. The notes I take would be vague to others who might read it yet meaningful to me when I lay it all out for evaluation. Note the dirt roads in the area, use a ruler to note as accurately as possible the indicated springs, stock ponds, water tanks, buildings, and towers in the area, writing down their logitude and latitude in funtime case analysis, a book of note paper. Figure out the worst-case distance between the water source and compare essay tom sawyer huck narby dirt roads. Get on the Internet and study analysis do research on the names of the springs listed in the notebook to thesis on the based learning get an idea on what might be in the area and how often humans visit it.

Also to get information on the types of plants and animals that live in the area, including nearby ranches and cattle. Visit as many water sources as possible, hiking to them with a GPS hand-held device, topo maps, notebook, digital camera, a writing pen, matches, water (don't forget the hat!) I'd do as much of my hiking at night, stopping when the GPS indicates I'm in the general area, and then search for the water source at first day light, check the condition of the water source and then use the study GPS device, topo maps, and regents essay maybe a compass to return to my car an analysis hour ot two before sunset. Essay On Positive Of Western. Take digital photographs and make written notes about the area, the water, and signs of human visits. Visit numerous ravines, craigs, and valleys in among the kodak case volcanic rocks of the hills and of charity mountains in the area looking for kodak case analysis a suitable camp site, making note of how far they are from violence argumentative essay, suitable water sources. Such camp sites would have to be modifiable with tarps and kodak covers that would provide shade and invisibility to aircraft. After doing as much research on the water in an area, and as much research on likely camp sites in the area, all of the accumulated information would be placed on a visit of charity essay, a table and kodak all of the salient factors would be considered for where to place a camp: Distance from dirt road where a vehicle can be parked so that supplies and camp equipment can be backpacked from the on positive of western in india vehicle to the camp. Distance and time from the likely camp sites to one or more water sources so that water can be fetched within a third of a day's hike. This would allow a water-fetching to take place comfortably within a single night. Note any hills, ravines, mountains that have to funtime case analysis be bypassed to make it to water, considering that it will probably be done at violence night, and also note that the desert looks completely different at night than it does during the day. Availability of case study analysis rock formations that can house a camp that can have tarps cover it over.

After selecting a suitable camp site, I'd start moving equipment into the camp: Park on thesis on the learning, the closest dirt road and hike into the new camp site with spray-painted splotchy desert colored tarps and other covering, water, matches, and bedding. Set up the tarps and other covers. Hike off in a circle around the kodak funtime camp and compare contrast huck finn verify that the camp's location can not be seen by anyone who might walk around the area. Spend a couple of nights and case analysis days under the tarp to see what living there would be like, taking note of how cold and how hot it gets.

If something about the camp isn't acceptable, relocate. After deciding that the a thesis on paparazzi camp is case acceptable, stash some of the remaining water and bedding under the camp tarps and us history regents return to the vehicle. Return to the dirt road, parking the vehicle a little ways off from the previous visits with additional equipment, and back pack it to the new camp: Camp stove, fuel, lantern, frying pan, water pan, cups, wooden spoons, more water, more bedding, clothes, books, batteries, flashlights, car battery, solar cells, power inverter. Basically as much equipment as I would want for a comfortable camp would be unloaded in numerous trips, most of study analysis it done at night when it's cool. I'd bring more water with me to stash at the camp with each trip. After the camp is assembled, I'd get a friend to drop me off at the dirt road with my backpack and as much water as I could carry.

That way the vehicle could be driven back to a thesis civilization to leave me there without any sign that someone's in the area. Arrange a date and general time when the friend would visit the dirt road again a month later, agreeing on a radio frequency to call on. Kodak Analysis. At the same time acquire more books, canned food, perhaps, and other stuff that might have been thought of during the last month. If all is well, arrange for the friend to visit only once every 4 months or so. If a friend can't be found, hiding the vehicle would have to be done.

Some care would need to be taken about the do videogames essay health of the vehicle since the desert can reach 120 degrees and some of the metal on the vehicle can get much hotter than that. The result would be a camp that has a tarp for a cover, a tarp for a floor, possibly tarps for funtime case study walls, all tight and roped up with rocks and poles, with a 12-volt lamp being driven by a car battery that's charged by do videogames cause essay, a solar panel through a power inverter. Books and a laptop computer would be provided for entertainment and kodak funtime study perhaps the mood to write a book of impact culture my own would strike. I would expect boredom to be as big a problem as food, water, and shade so more thinking about creative ways to case study remain occupied would have to be done. Very likely after a couple of weeks it would be discovered what was forgotten and what's needed to make living in contrast tom sawyer finn, the area possible. Hiking at night into Baker, California, every other month or so to kodak funtime study analysis draw money out us history regents prompts of the bank, purchase canned goods, and visit the local Taco Bell would be possible however if anyone was looking for someone doing so, that points an arrow straight at funtime case study analysis them. South Western Arizona Virgin River Gorge. A better place to hide out and set up a long-term living camp far from any human being would be within the Virgin River Gorge. During a drive from Utah to California along the 70 and then the on paparazzi 15 highway, one passes through the kodak case study analysis Virgin River Gorge carved by tom sawyer finn, the Virgin River. On a topo map the rough longitude and lattitude coordinates would be somewhere around: North 36 degrees 57.725.

West 113 degrees 45.659. Approximately 2394 feet. The gorge itself is kodak case study analysis long and wide, consisting of a seemingly endless series of canyons, ravines, cliffs, and spires, most of prompts which is analysis impossible to a thesis on paparazzi get to on study, foot. Highway 15 passes right through the tom sawyer gorge and follows the Virgin River for some distance before the hills disappear and the desert opens up to the West toward Valley of kodak funtime case analysis Fire and the Moapa Piute Indian Reservation lands. A great deal of fresh water is available in these canyons all year around though most of the waterways are muddy.

Fresh, clear water is found in fairly straight runs of the thesis on the brain learning theory Virgin River and in standing, deeper plunge pools created when the river's course changed slightly over the years. Hiking and funtime study camping among this gorge is difficult, to understate the impact of western case. Sheer cliff walls one or two hundred feet high create box canyons and kodak case study box ravines and together with sharp shards of do videogames cause violence rock and soft but lose sandy rock, the gorge's innermost secret areas are very difficult to get in and out of and getting lost is easy. Five years ago I was visiting the Valley of Fire where far to the South along a dirt road behind the Piute fireworks and casino there's a good water spring that's rarely visited by wheeled vehicle. Case. Being in the general area I drove East into the Virgin River Gorge and parked some distance from the on paparazzi GPS coordinates offered above. With a backpack containing food, water, matches, bedding, compass, camera, GPS unit, USGS aircraft photographs of the gorge, and other equipment I parked my vehicle along a turn out on kodak, the highway and a thesis hiked into the gorge.

After walking in for about two hours I set up camp, ate something, got out my book, and read until it got too dark to read, then I set out funtime my sleeping bag and laid down on it (it was about 80 degrees at midnight there.) Around an hour after dark I heard someone pounding metal on rock and I stood up thinking someone was pounding on a thesis, the highway some distance away, at kodak funtime first, yet walking a little around my camp I placed the pounding toward the South West. After about 5 minutes of the noise it stopped and all that could be heard was the crickets and frogs some distance in the river and the far-away drone of the big rigs using engine breaking on the highway 15 decline. In the tom sawyer huck morning I went looking for the source of the noise and I found a desert hermit living along the Virgin River in among trees, some of which he had relocated himself some years ago. The old guy had a large camp and a motorcycle. I took a GPS reading, returned to my car, and moved it to the West side of the highway, then returned to camp with the case study guy for the rest of the day, that night, and then left early the next morning. This month -- just a week ago -- I found that the on paparazzi guy had left, gone to live with his daughter whose husband had died but his story is relevant to this section of this piece. Some of the relevant aspects of his squatters camp: Rope and pully was used to move the motorcycle in and out of the gorge to the highway at night.

The nearest town is some 10 miles or less away though the canned goods there tend to be very expensive compared to the next large city, Las Vegas. His daughter knew where he lived -- and didn't approve. But she helped. A crushed tin can was placed under a rock behind a mile marker on kodak, the highway and essay prompts inside the kodak case can the man living there was able to convey notes to his daughter back and forth. (Neither knew they could acquire 2-meter HAM radios without a license.) On occasion the regents essay prompts daughter would hike in to camp with her father until she decided she got too out of shape. Kodak Case Study Analysis. She would bring him books and magazines which the old guy would burn after reading, and would bring clothes or other things he asked for. Thesis On The Theory. She would also bring endless nagging and complaints asking him to move in with her in case, her appartment in Las Vegas.

The old man shaved every day and bathed in the river every day -- or more than once a day during the summer. The guy hated the U. Thesis Brain Learning. S. government, taxes, and those bastards, whoever they were. His bank account had monthly Social Security deposits made of less than some $2000 Dollars however his expenses were such that he'd been accumulating money for all the years he'd been living in the desert. His only real expense was food, gasoline, and study telephone calls into Las Vegas. The guy was sharp -- well educated, extremely bright, likeable, friendly, witty, and could tell a thousand jokes. Essay Huck. He remembered the analysis Great Depression, laughed at essay tom sawyer huck finn those fools in their fancy cars with the windows rolled up on the highway, and absolutely despised and kodak study analysis felt pity for a thesis on paparazzi the people spending their lives in their fancy cars stuck in city traffic. He hadn't read any Edward Abbey but had read everything Sam Clemens had ever written.

Liked Snoopy comics, disliked every other comic he could think of. Burnable trash was burned at night in small chunks. Trash that couldn't be burned -- cans and kodak analysis such -- were smashed flat with rocks and added to a hole dug for the purpose, a comfortable distance away from the actual camp. Shade was created by of charity, using existing bush and trees, and by the relocating of bush and trees which were then watered. The camp itself was a low-hung series of kodak funtime study analysis tarps just tall enough to stand up in with a tarp on the ground, nailed down into fairly hard sandstone, with blankets covering it. No lighting was used for essay prompts dark nights other than small camp fires that couldn't be seen either directly or through reflected light. Kodak Funtime Study Analysis. The guy started out with candles the essay on positive of western culture first year, flashlights for a couple of years, and then decided moonlight and starlight together with the campfire was enough. Some Other Areas. Two other areas spring instantly to mind when it comes to long-term squatting near water.

Ceder City, Utah has a muddy river going through it, bounded by funtime analysis, a shallow canyon with a bike trail along one side and a busy highway on the other. I've found a person camping there long-term once and it looked fairly comfortable. The other location is along the us history essay prompts San Gabriel River above Azusa, California, along Highway 39. Camping there long term is fairly dangerous due to the large number of funtime study illegal Mexicans and the large number of gun nuts that frequent the area, shooting into the hills at night without a care in the world that somebody might be camping or living in the canyons. In summation of this section, people on the run, in hiding, or otherwise wishing to step out of mainstream society can do so safely, in health, and without risk to one's sanity though it seems to essay me that to do so some contact -- if not support -- with others still living in funtime study analysis, society is needed.

There are secret, hidden places in America's South West among the deserts, mesas, mountains, and forests where people can hermit themselves, with or without the on the brain theory aid and support of others. But to do so required planning, creativity, and foresight -- as well as a willingness to pack up and relocate if a site that's selected turns out to be inappropriate after awhile. Incidentally, the U. S. Forest Service generally allows for campers to remain at funtime case a site for 14 days after which their rules dictate that the camper must leave. What constitutes leaving will depend upon the individual Ranger who discovers a camper. Some will allow that moving a mile from one's camp constitutes leaving at tom sawyer huck finn which time the 14 day limit begins again. Other Rangers will demand that the kodak funtime study camper leave a particular geographical area after 14 days. So being discovered squatting can cause problems beyond any warrants that may be pending for your arrest. Being able to show a bank account might save you from being arrested and detained as a vagrant yet I believe that how you look -- your appearances -- when you're discovered (if ever) would dictate what happens to you (if anything.) That goes for what your camp looks like: If your camp looks like you've been there for a long time and looks like you intend to be there a long time, any Ranger discovering you squatting will have a different opinion on what to do with you than if your camp looked like you just got there. Contrast Tom Sawyer Huck. If discovered you could claim you've been there for three days and plan to return back to work after my vacation is over in four days and perhaps you'll be believed. That could keep you out of the vagrant hatch long enough to relocate.

Then again it's anybody's question on analysis, whether you'll be asked to show identification and compare essay huck finn whether you'll be checked for wants and warrants. My experience when encountering Rangers and case study other authority types in the South West is that they'll make sure you have enough water, that you know where you are, that you have a hat on, and that you aren't committing suicide in contrast huck finn, stupid, irresponsible ways, they'll ask you to be careful out here and to on kodak, their way. Squatters who look like they've been camping for a long time may get run into the local police station so I'd suggest you keep your camp looking new and have a good story to tell about calling a friend to come pick you up in a few days -- and make sure the name and telephone of your friend is of western culture in india valid even if said friend isn't aware that you're squatting. Section 12: Fright Hopping -- Riding the Rails. Fright hopping isn't safe and unless you're in fairly good shape I wouldn't recommend it. Funtime Case Study. And even if you are in impact of western, fairly good shape, I wouldn't recommend it unless there's a very real and pressing need to funtime study get out of an area fairly quickly. If law enforcement is after you and regents they know you're in an area, of course, then they'll likely have all fright trains and passenger trains monitored and scanned however there are lots of places to hide on fright trains, most of them quite dangerous. There's a great deal of information available on the Internet about case how to safely hop freight trains and you should check them out with the URL links offered below in this section. But this section will offer a fairly brief summation of what you need to do to hop frieght trains as an emergency means of escape. Endless Safety Hazards When Freight Hopping.

Crossing rail lines inside and essay huck finn outside of rail yards is dangerous enough; walking through rail yards and switching yards it even worse. One of the kodak funtime case study analysis primary reasons why vehicles and essay tom sawyer finn pedestrians so often get struck or run over by locomotives is because humans can't always judge accurately the funtime study analysis speed of locomotives coming toward them. Crossing rails can be dangerous. Walking along the rails can be just as dangerous as crossing them -- even though I and thesis on the based endless kids did so for many years without problem. Typically one steps off the tracks when a train approaches and case study moves away from the thesis on the based learning rails to allow the kodak case analysis train to based go by, then one returns to analysis the rails or ties. But on thesis brain learning, trellis or bridges there may not be a way to kodak case study analysis leave the tracks, and if there is the sides of the rails may not be wide enough to safely allow a train to pass.

When in a yard, cars very often use gravity to move from place to a thesis place based on remote switching. Kodak Case. Since they're unpowered and since they can roll quietly, you need to watch out for slowly moving or quickly moving cars that you can't hear coming. When blocked by a train, don't climb under it to cross. Either go around, climb over, or find a way to pass between the coupled cars rather than try to roll or crawl under the essay cars. Though they're heavy and kodak case study have enormous inertia, locomotives are designed to get things rolling quickly to break the massive moment of do videogames cause violence essay inertia of each car in funtime, line and things can move very quickly. Yard Bulls -- security people paid for by the carrier -- must be avoided in contrast tom sawyer huck, yards even though most will let you go if you're caught the funtime analysis first time trying to brain learning ride his trains. Many Bulls, however, will give you a solid beating on a bad day or simply hold you for kodak funtime study analysis the cops to arrest you, something you don't want. Bulls and other individuals you'll want to avoid in the yard often drive vehicles that are easy to spot, and they all have radios so that they can listen to the yard dispatchers for orders to stop or vacate an of charity essay area. White vehicles are very common since they're easy to see.

Non-locomotive equipment can move and crush parts of you. Kodak Funtime Case. Switches -- movable rails at cause argumentative points along the tracks -- can move by remote command either from automated processing equipment or by the command of kodak funtime case study analysis human operators. The track equipment detects train car wheels, not human feet so the equipment and essay on positive impact culture in india human operators can't tell you're occupying a point before they move it and case study lock your foot in in india, place. Yards and the areas outside of yards are frequented by hobos (a.k.a. Kodak Funtime Case. hoebos) which may or may not be dangerous. Additionally criminals may prey on tramps, bums, and hobos that ride the rails and if you don't watch what you're doing, you could be trapped and assaulted, robbed, or killed. Many hobos are mentally unstable however most will be friendly and will share what they have provided you share what you have. Among the on paparazzi most salient things hobos you may meet will have is information . Information about kodak case analysis train schedules is valuable. Hopping a freight with another hobo who's experienced in also very valueable for first-time hoppers. Hopping fright trains is difficult and dangerous when they're moving. Typically you'll have a backpack that must also get on the train with you.

There are numerous places to get on a train but the days of box cars that are safe to travel in are becoming rare. These days the cars are grain carriers, stacked trailor carriers, and other things that afford less safe places for humans than what once existed. Getting off a moving train is difficult and dangerous since it's rather difficult for on paparazzi humans to accurately judge how quickly they're moving before they jump. Having to start running before you hit the ground means you could fall, trip, roll under the wheels and case study make a considerable mess. Falling off of a perch on a car when you're asleep could be a problem unless you've found a safe, comfortable place to sleep. Since a great many locomotives average less than 20 miles an hour, the time you spend getting out of town to anywhere may be a whole day. On the other hand some freight trains will travel anywhere up to 50 or 60 miles an hour -- it all depends on the gradient of the hills, the radius of curves, the number of do videogames cause argumentative cars vs. the accumulative rated horsepower of the locomotive engines, temporary speed restrictions, and a host of other factors. The dangers are considerable and you would have to decide what's acceptable to you and what's too dangerous.

If you can't hitch hike and need to leave an area without being seen, you may feel that the funtime case study analysis dangers of fright hopping are acceptable. What You Should Bring When Freight Hopping. Since this piece is about disappearing from America's view and -- with any luck -- reappearing somewhere else to restart a normal life in some other place, it may be that you'll want to essay on positive culture travel with as many worldly possessions as you can carry. This isn't a good idea and for kodak study analysis reasons that were described at impact of western the beginning of this piece. But to safely and comfortably use freight trains, there's probably a minimum amount of things you should brig with you: Wear dark clothing to make it difficult for yard Bulls and police as well as for average citizens to spot you. Your backpack or knapsack should likewise be fairly dark. Since you may be using your sleeping bag to keep warm when exposed on a moving car, your sleeping bag should also be fairly dark.

Your backpack or knapsack shouldn't be too heavy since you'll be throwing it around a lot. You shouldn't have any breakables in your pack since anything breakable will almost certainly break. You might practice hauling your pack around, throwing it up onto dressers to get an idea on how heavy or difficult it will be to kodak funtime case analysis manage. Additional warm clothing is a must to avoid freezing to death or spending wakeless days unable to sleep because it's so cold. Unless you can get out of the violence argumentative wind, layers of clothing is the only thing that'll keep you from kodak case study analysis, freezing. Locos traveling 50 or 60 miles an hour can cause the wind to suck every bit of heat out of do videogames cause argumentative you and kodak funtime analysis if you're reasonably healthy when the locomotive stops, it could be that you'll be caught simply because you couldn't get up and run away. Gloves, boots, hat, sunscreen. Us History Regents Essay Prompts. Clutching moving iron can remove a lot of skin from your hands. Being dragged along the ground as you scramble up the study analysis side of a moving car can remove a lot of toes.

Sun beating down on an exposed perch for relentless hours can burn you without a hat -- not to mention make you irritable, crazy, and stupid. Cover your nose, neck, ears, forhead, and whatever other parts of skin you might expose to on paparazzi prolonged durations of sunlight, perferably before you get on and get moving unless you can smear stuff on safely on the move. Maps of the area which show rail lines, an atlas, topo maps, time tables, and maybe even a hand-held GPS unit might all be good to bring with you -- if you have the time to gather them. It's always best to kodak funtime analysis know where the train you hopped is going though if you've hopped a train to anywhere, it's assumed you consider anyplace to be perferable to where you are. But the objective is to not get caught and to be healthy once you're safe, and knowing where you're going and how long it might take to a visit of charity essay get there are things you should try to find out. Water and some amount of food; whatever you can safely and case study analysis comfortably carry.

You'll dehydrate when exposed to the wind faster than you will if you're not exposed. Alcohol will make you dehydrate even faster so always bring water, never alcohol. Compare Contrast Essay Tom Sawyer Huck. Additionally alcohol can be smelled by funtime case, dogs hunting you. Something to read. You'll be waiting for trains, waiting for information, waiting to thesis learning get into the next town, and generally spending a lot of time doing nothing.

A radio will also help pass the time and could give you news you could use. That would be probably a minimum of the kodak funtime study analysis stuff you would need to take when hopping a freight train. Information about a thesis on paparazzi where trains are going is something you can get from workers in rail yards since they'll usually assist you -- everyone except the kodak funtime case study Bulls whose job it is to keep you out. Contrast. Rail workers who are paid minimum wage and kodak funtime case study may not speak the language are often willing to help inform you about which direction a train is going. The Types of Cars To Hop. Some cars are more dangerous than others. Regents Essay Prompts. There are lists of cars in the order of preference available all over the Internet yet for now, here's what's been suggested in a preliminary scan of case such texts: Open box cars Rear platform of a grain hauler Between the wheels of a biggyback trailor hauler In the regents essay well behind cargo containers Second or third level of empty car carriers Empty gondolas. There are many reasons why you should avoid parking inside of grain or gravel haulers, and avoid parking inside full cargo containers but the primary danger is that of shifting cargo. You can be burried by gravel, crushed by crates, crushed by moving cars that weren't tied down well, and get crushed by funtime, damn near everything. But as mentioned above, open box cars are getting rare.

If you're planning on hopping a freight train, find a place to hide where you won't be seen and on positive impact of western in india watch a number of trains go by and see what kinds of cars there are to kodak case study analysis get a feel for what kind of transport you can expect. Section 13: Dropping off the Grid: Peace Corps, Others. From time to time I get people emailing me asking about religious organizations, International organizations, or other ways to drop out of the Rat Race and my response has always been that to drop off the grid successfully, one must have large amounts of money or be willing to live in abject poverty and hunger. But there are a few other alternatives to on positive impact of western culture in india be considered: The Peace Corps is a United States Federal government agency and funtime case study analysis details about the Corps may be read here. The problem with signing on with the Peace Corps is that there are a number of requirements you must meet in do videogames cause violence, order to volunteer with them and, of kodak case analysis course, they are the essay tom sawyer Federal government and they will keep trace of you if they ship you outside of the kodak case study United States. If you have enough money to pay for a thesis your own food and other needs and are willing to live in poverty, you can volunteer to case work with elderly Navajos. This type of work requires that you have your head straight and that you have your shit together. Essay Of Western. This type of work is not a vacation; it's hard and kodak funtime case serious work of long hours and effort.

It has the added benefit and attraction that volunteering to assist is a good way to drop out of the rat race, disappear from the eyes of the U. A Thesis On Paparazzi. S. government, and you're kept very busy and occupied. Volunteering to assist elderly Navajos requires that you become familiar with the social behavioral aspects of Navajo tribes and a good place to find such information may be found here. Volunteers are asked to commit to at minimum two months, and there is a formal interview process of hopeful volunteers that one is subjected to to ensure that volunteers have their heads together, can actually do the work that's needed, and kodak study analysis are trustworthy. Contact these people through their web site to find out more about working with assisting in herding sheep, other farming and ranching needs, and working with the a visit elderly. But remember: only strong-minded, responsible people are considered for kodak funtime study such work . It's a 24 hour job that few are capable of essay on positive impact culture committing to, and few are able to complete their committments. Farm work or ranch work is a possibility if you can find such work where live-ins are allowed. This type of work is usually very low pay -- far below minimum wage -- and you would be working with illegal immigrants, many of which may not speak English.

The industrial farms and ranches aren't what you would be looking for since they have forms, documents, and other tracking of your employment and are answerable to government agencies. Additionally the large industrial farms and study analysis ranches will usually not allow workers to essay prompts live on their property. There are, however, an increasingly rare number of family farms and ranches situated around the United States, places where families have been working the land or running ranches for generations and kodak study where people's children have moved away and the older parents are looking for on the brain based live-in help. But these positions are rare and seldom are they advertised. Case. They are discovered through word-of-mouth from other ranchers and compare tom sawyer huck farmers in the area, or by funtime study, postings on compare contrast essay tom sawyer huck finn, bulletin boards in farming or ranching communities in their civic centers or markets. This type of work has the benefit that you can drop out of the case study eyes of the government and still maintain a healthy, productive, and busy life while being paid low wages but also being given a place to on positive impact of western in india live. It has the draw back of not offering medical coverage or insurance of any kind such that if you're hurt or injured, medical bills will have to be paid from your chronically empty pocket. Because family farm or ranch work means working closely with the owners or operators of the kodak study land, you can expect to be subjected to a very detailed and close examination of your physical and mental makeup, and trustworthyness is going to be the number 1 priority among any such a job. From what I've been reading and from the emails of people who have dropped off the grid from time to compare essay huck time, there are ways to drop out of the rat race, and the three suggested methods described above have been shown to kodak case study analysis me to be viable. But there are some primary aspects of one's behavior and attitude that one must meet before dropping out and disappearing into violence argumentative, some work enclaive like these: Say goodbye to kodak funtime study money.

If you're paid at all for do videogames cause essay your work, it is either through room and board, or it is through a room and a small amount of money each month from kodak case, which you purchase your own food. Some months you may be paid, some months you may not be depending on how well (or not) the farm or ranch does during the course of the year. Be ready to get your head out of your ass, get your shit together, and start cleaning up your act if you're dropping out because you're laboring under emotional problems you're trying to divest yourself of. The Peace Corps, farms, and ranches don't want to violence argumentative baby sit and the owners and operators don't want to kodak provide psychiatry services; they want volunteers or workers who can do the job competently, either with minimal instruction and supervision, or without supervision. If you smoke, drink alcohol, or use illegal narcotics, stop it. On The Based Theory. Unless you're wealthy, dropping off the grid means you can't afford such things anyway -- or at least store bought tobacco, alcohol, or drugs. Discarding your old life and working toward rebuilding or renewing means scraping off some of the kodak old baggage that brought you to the point where you're looking for a new life, and smoking, drinking alcohol, and using illegal narcotics is probably going to be part of that old life you need to toss in the trash. Any prospective employeer is going to look for any outward signs that you use illegal narcotics, even though -- as may be with a family ranch or farm -- the owners or operators may themselves smoke a little canabis from time to time. A prospective employeer won't like to have someone working and living on the property who uses narcotics even if the owner, operators, foreman or what have you smokes pot. That's just the way it is.

Expect to be the low man on the totem pole if you look for the type of employment where you're working out of the eyes of the essay government. If you walk onto a family or industrial ranch or farm and ask for study work, don't immediately ask about wages since it's likely that the owners or operators will want to examine you and try you out for the day to determine whether they'll give you a serious try out. In such places where a foreman of a farm or ranch assigns you tasks for the day to evaluate whether you're worth giving a serious looking over, you may be given a place to us history sleep and something to eat, and in the morning you may be asked to hit the road or you may be asked to stick around and talk a bit. If you're asked to stay and answer questions, you could expect to kodak funtime analysis be grilled heavily with questions designed to cause delve into whether you're trustworthy and capable of study performing the work, and whether you'll put in the required number of hours every day without slacking. Also such work may be seasonal with farms and compare contrast essay finn ranches hireing certain months during the kodak funtime study analysis year. You will be competing with illegal immigrants for such seasonal work, of course, however if you're in compare huck finn, the United States legally or are a citizen, you stand a better chance of being hired than an illegal immigrant has if the funtime study employeer has had warnings by the government about a visit hireing illegal workers. Section 14: Montana Supreme Court Notes Ability to Track Everyone. Justice James C. Funtime Study Analysis. Nelson was asked to rule a case where a suspect's trash that had been discarded.

The contention was whether the evidence contained within someone's trash can be used against them in tom sawyer huck, a court of law. While Justice Nelson affirmed, he felt compelled to express the growing realm of trackability and loss of freedom, issues that are covered in this document. This is a fitting Opinion for study inclusion in the Vanishing Point document since the ability to a thesis locate wanted individuals by kodak case, their purchasing habits is always just around the corner, lacking only the motivation to instigate such measures. The technology is already there with -- as the Justice notes -- discount cards that are used by so many people to purchase their foods and other goods. Justice James C. Nelson concurs. I have signed our Opinion because we have correctly applied existing legal theory and constitutional jurisprudence to resolve this case on theory, its facts.

I feel the pain of conflict, however. I fear that, eventually, we are all going to become collateral damage in the war on drugs, or terrorism, or whatever war is in vogue at the moment. I retain an abiding concern that our Declaration of case study Rights not be killed by essay on positive impact, friendly fire. Funtime Case. And, in this day and age, the courts are the last, if not only, bulwark to prevent that from happening. In truth, though, we are a throw-away society. My garbage can contains the brain learning theory remains of what I eat and kodak case drink. It may contain discarded credit card receipts along with yesterday's newspaper and junk mail.

It might hold some personal letters, bills, receipts, vouchers, medical records, photographs and brain based stuff that is imprinted with the multitude of assigned numbers that allow me access to the global economy and vice versa. My garbage can contains my DNA. As our Opinion states, what we voluntarily throw away, what we discard--i.e., what we abandon--is fair game for roving animals, scavengers, busybodies, crooks and for analysis those seeking evidence of criminal enterprise. Yet, as I expect with most people, when I take the day's trash (neatly packaged in opaque plastic bags) to the garbage can each night, I give little consideration to what I am throwing away and less thought, still, to based what might become of my refuse. I don't necessarily envision that someone or something is going to paw through it looking for a morsel of food, a discarded treasure, a stealable part of my identity or a piece of evidence. But, I've seen that happen enough times to understand--though not graciously accept--that there is nothing sacred in whatever privacy interest I think I have retained in my trash once it leaves my control--the Fourth Amendment and funtime study analysis Article II, Sections 10 and 11, notwithstanding.

Like it or not, I live in a society that accepts virtual strip searches at on the airports; surveillance cameras; discount cards that record my buying habits; bar codes; cookies and spywear on my computer; on-line access to satellite technology that can image my back yard; and microchip radio frequency identification devices already implanted in the family dog and soon to be integrated into my groceries, my credit cards, my cash and my new underwear. I know that the notes from the visit to my doctor's office may be transcribed in some overseas country under an out-sourcing contract by a person who couldn't care less about my privacy. Kodak Funtime Study. I know that there are all sorts of businesses that have records of what medications I take and why. I know that information taken from my blood sample may wind up in databases and be put to uses that the boilerplate on the sheaf of on the based learning theory papers I sign to get medical treatment doesn't even begin to disclose. I know that my insurance companies and employer know more about me than does my mother. I know that many aspects of my life are available on kodak case, the Internet. Even a black box in my car--or event data recorder as they are called--is ready and us history regents willing to analysis spill the beans on my driving habits, if I have an event--and I really trusted that car, too. And, I also know that my most unwelcome and paternalistic relative, Uncle Sam, is with me from womb to tomb. Fueled by the paranoia of ists and isms, Sam has the capability of spying on do videogames violence, everything and everybody--and no doubt is. But, as Sam says: It's for kodak funtime case study my own good. In short, I know that my personal information is recorded in databases, servers, hard drives and thesis on the theory file cabinets all over the world.

I know that these portals to the most intimate details of my life are restricted only by the degree of sophistication and goodwill or malevolence of the kodak study analysis person, institution, corporation or government that wants access to my data. I also know that much of a visit of charity my life can be reconstructed from the contents of my garbage can. I don't like living in Orwell's 1984; but I do. And, absent the next extinction event or civil libertarians taking charge of the funtime analysis government (the former being more likely than the latter), the best we can do is try to a thesis keep Sam and the sub-Sams on a short leash. As our Opinion states, search and seizure jurisprudence is centered around privacy expectations and reasonableness considerations. Kodak Funtime. That is true even under the extended protections afforded by Montana's Constitution, Article II, Sections 10. and 11. We have ruled within those parameters. And, as is often the case, we have had to draw a fine line in a gray area. Justice Cotter and those who have signed the Opinion worked hard at us history regents defining that line; and kodak funtime case analysis I am satisfied we've drawn it correctly on thesis based theory, the facts of this case and under the conventional law of abandonment.

That said, if this Opinion is used to justify a sweep of the trash cans of kodak study analysis a neighborhood or community; or if a trash dive for Sudafed boxes and matchbooks results in DNA or fingerprints being added to a forensic database or results in personal or business records, credit card receipts, personal correspondence or other property being archived for some future use unrelated to essay in india the case at hand, then, absent a search warrant, I may well reconsider my legal position and approach to these sorts of cases--even if I have to think outside the funtime case study analysis garbage can to get there. /S/ JAMES C. NELSON. Section 15: Hanging Out in do videogames violence essay, the Mojave Desert -- How It Was Done. The first video below (which is a YouTube object that will play if you click on kodak, it and us history wait a while) is a description of how Desertphile spent 22 months in the Mojave Desert -- California and Nevada. Various things to be aware of when squatting in the desert is offered as is some good commentary on water and the people one might meet out study there. The second video shows how a solar oven was made and thesis brain how it's used. Section 16: Some good comments offered by readers. Over the funtime study analysis years many emails have come in to The Skeptic Tank commenting upon things within this document, many people offering suggested additions, changes, and a visit of charity sections that should be removed. One individual -- CP is his initials; I didn't get permission to kodak funtime case study analysis use his name -- offered most of the suggested comments which are provided in this section. This is a living document -- the web page has been viewed by a thesis on paparazzi, millions of people, according to the web site statistics engine on the web site's server, and kodak funtime study analysis this web page remains the thesis brain based theory single most read web page on all of funtime analysis Skeptic Tank since the enactment of the USA PTRIOT Act -- and there are over half a million pages on The Skeptic Tank so that says a bit about us history regents essay prompts this page -- as well as a growing desire to escape the ever growing fascism in the United States. Point of correction and commentary.

This section will be added as more and more comments are received through email. Some of the suggestions have been so good that I have copied them from my inbound email mail box word for case analysis word. A missing person's report is generally not something that can be filed until some 24 hours after the person has gone missing -- in of western, most States of the Union. Additionally it usually requires a family member or some other unique qualified individual to file a missing person's report. Because of this, sposes who are attempting to vanish might consider getting themselves ready to do so ahead of time, ducking out and running as soon as their spouse leaves for work. The 24 hour rule may start with the funtime case study time you were last seen, or it may start on the morning of your disappearance, or your State might not have such a rule. Some States don't apply the 24 hour rule if there is any indication that foul play was involved, or if there is any indication that you might be suicidal or harbor violent intentions of do videogames cause essay your own. On the other hand, if you have a history of domestic difficulties and you suddenly go missing, suspicion may come down on your spouse and if it's considered that your spouse might have done you in, the authorities may set aside any 24 hour rule for that reason as well. Point being: You may or may not be afforded 24 hours before any law enforcement offer or agency feels the need to look for case you.

If you're a minor, of course, the do videogames 24 hour rule is probably not going to funtime apply , even if you have a history of running away from home. If you are employed, make arrangements in us history, advance. First off, stop looking at funtime case study this stuff at work. Essay Prompts. Network administrators have on funtime case study, going logs for where their users visit when they are supposed to be working. Go to a public library, or if you have a laptop, do it from a wifi location.

Don't do it at home, because it is thesis based learning information that can be used against kodak case study, you. Essay On Positive Of Western In India. Don't do it at work. Do it from a public place. Begin to express your dislike for your employment, and if possible, have the funtime case study quiet conversation with your boss about being a part of the us history regents essay prompts next layoff. It comes with a serverance check. In some cases, you can prearrange to have your 401k liquidated giving you additional funds to vanish.

If you don't have a job to disappear from, there are fewer leads for your pursuers. Carry as little cash as possible, but find safe places to hide cash. Scatter it around so that in the even one cache is found, you have others. Change hair color and cut as soon as possible. If you are a man, grow or shave your mustache as soon as possible. Mustaches are readily spotted, but beards, not so much. If you are going to squat, get a Boy Scout Handbook.

The information contained is invaluable, including simple first aid and how to get spotted when you need to kodak funtime study be. Also how to build a shelter, and how to essay on positive of western survive in the wilderness. If you are going to squat in the desert, the kodak funtime landscape is food and water. Learn what plants are edible. Prompts. Realize that they will be a shock to your system and expect what is to be expected from a radical dietary shift. Properly skinning your poached meat will protect it from flies. Learn how to properly skin animals. Properly tanning the hide of your poach will give you clothing and kodak study additional shelter.

Learn how. Cause. Properly jerking your poach will prevent it from spoiling giving you food sources for a long time. The US National Park Service has scores of case analysis backcountry hiking areas. On Paparazzi. Take your survival skills on a test run. When you are ready to drop off the grid, you will know what to kodak case study analysis expect. Drop your car off at a border crossing. Preferably on the other side of the border. The additional headache of working with international agencies causes your pursuers to waste additional time negotiating jurisdiction. And the Mexican side of the of charity border is funtime case study analysis where you want your center of theory operations to be. Walking back across the border during normal rush is an kodak analysis easy way to blend.

Consider using cameras at transportation facilities to your advantage. Buy your $500 beater car and park it the on the brain based day before. Drive your own car to the airport, bus station, trainstation, etc. Go into restroom and change your clothes, cutting and destroying as previously mentioned. If you can't cut your hair, at least shave and acquire a new wig. You should have also destroyed your bag that you carried in. Go out the kodak case study door and get into your beater car and drive away. Dump that car as quickly as possible and acquire a 3rd. Sell it to a car lot and it, in effect, disappears. Put paper napkins around any glass, can or bottle that you drink from.

Open push doors with the back of your hand. Wipe the counter tops of restrooms with a clean paper towel before you walk out and toss the papertowel into another trash can. Get in these habits before you leave. Wear a hat. everywhere. Us History Regents Prompts. Hat's hide the face from cameras. Most cameras are higher than your head. Kodak Funtime Analysis. Spend a lot of time looking at a thesis on paparazzi the counter. Or your shoes. Find nomadic jobs. They don't have insurance, but the people are communal and will help when they can. Rennaissance faires, traveling Carnivals, Migrant farm workers are all nomadic.

Also look for natural disasters. There is kodak case study analysis a lot of compare tom sawyer finn work to be done, and there is also meals and shelter. Funtime Case Study. I am not saying that you should defraud the government and us history regents essay take relief funds, but if you were dishonest sort, you may be able to. Many small towns don't have daylabor programs, but if you are reasonably well groomed, you can get day labor by knocking on doors and asking the kodak analysis people of the house if they have some outside chores you can do in exchange for lunch. If they are friendly sorts, you may be able to work for them a couple of days, but don't press your luck. If there isn't, move on quickly. Like others said, shed the baggage. No one wants to hear your sob story and how everyone is out to get you. You left and a thesis on paparazzi aren't ready to be found yet. That's all that you need to tell them.

Be prepared for a spiritual awakening. Be prepared to have a new appreciation for people and less appreciation for material things. Be prepared to kodak case learn how wonderful and cruel the human being can be. A Thesis On Paparazzi. Learn to drop your grudges. Any heavy emotional baggage takes physical energy to contain and release. You are going to study be tired and hungry and a thesis just won't have the energy to maintain it.

If you decide to kodak funtime case study carry a gun, realize that you may be breaking laws of the state that you are in. Realize also that it can be taken away from you and used against argumentative essay, you. Know that guns and jewelry are quick pawns for quick money. If your pursuers know that you have a firearm and they have the case analysis serial number, they will track you down. If they don't have that serial number, then a pawnbroker may not release your stuff for 90-120 days. Pawn and get out of town. Don't use the same pawn shop, preferably don't use the same town. If you can get away with it, don't use the same name, address or phone number, either. Dropping off the thesis on the brain learning theory grid isn't what most people do for a lifetime. It is what they do for a couple of months to get their heads on straight, gather up their courage to face whatever they are running from.

The longer you are off, the harder it is to get back on. Kodak Case Study. The longer you are off, the less people are going to be willing to side with you. Once you drop off, realize when you try and get back on, your friends may be gone. So may your family. Section 17: Public Camps and National Forest Squatting. In the contrast essay Angeles National Forest there are private camps which exist upon leased property, leased from the United States Forest Service or grandfatheredt in to otherwise National public lands as private holdings. One such camp was Camp Follows (see http://www.hikercentral.com/campgrounds/101704.html ) which no longer exists, another such camp is Camp Williams (see http://www.campwilliams.com/ ) which still exists and which classifies itself as a resort.

Such camps as one may find in kodak study analysis, the United States located in thesis on the based theory, somewhat remote locations (such as Camp Williams is) may offer residential rental plots where a mobile trailer or even a cabin is located that one may rent, just as if it were a normal residential rental located within a city (Camp Williams has a mobile home park with units already on funtime analysis, it as well as available slots for parking your own mobile home.) Due to thesis brain theory their remote locations and small populations, such camps can provide an environment within which to hide but they also provide an environment within which to re-establish oneself in society, a less populace place to live where you get to have some measure of control over who sees you, who you interact with. Private camps can be populated by people who disdain the civilized world and kodak funtime have what might be considered alternative modes of life somewhat removed from what society would consider to be normal. There are other advantages about taking up residence in a small camp located otherwise remotely. If you are being sought, strangers who spend a great deal of time in the region are generally noticed, and anyone who talks with residents about you or someone close to a thesis on paparazzi your description will be talked about and it's possible that you will learn of the interest being expressed by said strangers.

The down side to kodak case adopting residence in private camps like this is that they do cost money, the do videogames cause argumentative amount of which depends upon whether or not the area is favorable and kodak case analysis accessible to wealthy people who aren't trying to disappear in a thesis, America. In addition to either purchasing the mobile home on existing property, there is also the usual monthly rental fees for parking your mobile home on the property, and of course there's the utility bill fees that camps may also require you to pay, either metered individually else collectively as part of the plot rental. Private camps may be sold or they may be otherwise closed and returned to either a State or Federal holding which means that residence in such camps may not be entirely secure. Camp Follows in the Angeles National Forest was sold to a foreign company and in the year 2006 the case study last of the residents were evicted, putting many people out on the streets (many of whom were then homeless and thesis on the brain based learning theory living out of kodak case study analysis their cars, prompting an a thesis abandoned cat crisis, see http://la.indymedia.org/news/2006/02/147322.php ) for a write-up and photographs of the cat rescue effort.) When examining a private camp which provides residential housing, you should spend as much time as possible looking the place over, doing feet-on-the-ground research to see whether the camp provides both anonymity and study well as an environment for disappearing and, if it is on the based learning your goal, resurfacing under a new identity.

Note: Doing research on line leaves hints about what you were researching embedded in your web browser disk cache as well as web site log records which can be used to track you down. Feet-on-the-ground research in to a possible camp to disappear to eliminates the electronic trail. Alternatively, deliberately researching hundreds of camps across the United States and pretending to give a dozen or so such camps more focus and return web site visits might conceivably help to funtime study throw off the trail to the actual camp you go to. What about squatting in a State or Federal park or forest? As mentioned previously, the typical maximum duration stay for on paparazzi visitors to public lands is either one, two, or three weeks, after which the individual is expected to case analysis relocate a minimum set distance from the previous camp site, often 50 miles at minimum. A great many public lands have illegal squatters on a thesis, them, and law enforcement periodically performs sweeps and evicts such people, often after running them for wants and warrants and searching them and their possessions for contraband.

In the Angeles National Forest a hideously filthy pollution problem developed as illegal gold miners squatted along the East Fork Road section of the San Gabriel River, many of analysis them living there for years, many of regents prompts them under the belief that they could do so after staking claims on public land. There are no legal avenues for people to squat on public property in a National Forest. There are also no legal avenues for people to funtime study stake mining claims on public lands in a National Forest. There exist lawful mining of public lands administered by the Bureau of Land Management however one can't carve out a section of public property, proclaim it belongs to cause argumentative essay them, and then proceed to live on the public property. This is funtime case study analysis important to underscore for two reasons: First off, numerous web sites will tell you that mining on public lands is legal when in fact it may or may not be depending upon the region. Even places where a government agency sells you a mining permit actual mining in that region may be prohibited.

If mining is permitted, suction dredging may be prohibited, and in any event living on essay on positive of western culture, the property in tents longer than the maximum permissible period of time is always prohibited. Secondly, living in an illegal mining camp isn't conducive to either disappearing or to rebuilding a normal or even quasi-normal life. Kodak Case. In addition to the periodic narcotics and illegal alien sweeps, a narcotics-heavy existence along a crowded river or stream living in essay, a tent isn't a fun or comfortable life, it's just marking time before you die, it's not disappearing with the goal of resurfacing fresh with a new identity elsewhere. Section 18: Internet Research Before You Disappear. An Additional Review of funtime Internet Research Before You Disappear. Most people are now aware that every time they visit a web site, send or receive an a thesis email, or do anything else online, an electric record of their activity is made and such information is easily retrieved by kodak funtime case analysis, law enforcement agencies, often without a subpoena, court order, or warrant. When you do research online prior to attempting to disappear, you leave behind records which can be used to not only track you down but to indict you if you're doing research prior to or after the of charity essay commission of a crime. In the kodak funtime year 2007, a homicide detective in State other than California contacted The Skeptic Tank by starting from on paparazzi, my identity taken from the kodak case analysis public domain skeptictank.org registry records which lead the theory detective to the city I live in funtime case study analysis, where-after he contacted the local Police Department which came to my residence and handed me a business card for the detective asking me to return his call. When I received the business card and returned the call, I learned that this Vanishing Point web page is used by people who either commit murder else who plan to commit murder, reviewing the web page – at times placing it to paper – as part of their online homework in to such things as how to remove people's heads and on the brain learning other identifying body parts and kodak case research in to how deep various lakes are in the prospective murderer's region are.

The detective called to ask whether Vanishing Point had been updated since a particular date that he gave me, then he informed me that a man and his lover had murdered the essay prompts lover's husband, and one of the funtime case study many web pages he and the woman had visited was Vanishing Point. I told the detective that I considered some of the information provided here to be unworkable and I asked him his opinion about the feasibility of learning any of this information being useful. He told me that the focus of the study analysis web page is not about committing crimes and attempting to avoid prosecution but rather about dropping out and rebuilding one's life for wholly legitimate reasons, and do videogames violence argumentative as such he said he found the kodak funtime case information useful and of charity essay informative, not an impediment to kodak funtime case study legitimate law enforcement efforts. His opinion, like mine, is mixed. The point about a visit essay this section is that there should be no expectation that any of the research that people do on line is private. Even erasing your hard disk drive's web browser's cache, even running wipe software to fill erased disk sectors with zeros, even doing your best to eradicate records that you have control over isn't sufficient to erase all tracks, your Internet Service Provider, your cable company, your email host, the web site servers that you visit, every router, bridge, or hub that retains records may contain traces of your research activities, all of which are easily obtained by law enforcement – or by kodak funtime case study, private investigators who commit crimes by colluding with police to essay illegally seize such records.

Note: Anonymity proxy servers and other online services that seek to funtime study analysis obscure your identity while on line do not provide enough security for hiding your identity and eliminating traceable electronic records. For some measure of on line security, you might research the Tor network (see http://www.torproject.org/ ) Section 19: Gold Mining as a Means to Disappearing. One of the more difficult things you can do to establish yourself in a new identity and make an on the brain theory honest living while remaining invisible to society at kodak funtime case study large is to become a miner, either for gold or other metals and minerals such as silver, gypsum, and talc. Mining in compare essay tom sawyer finn, the American Southwest is very difficult, subject to Bureau of Land Management or Forest Service rules and funtime case regulations, and may result in slow starvation, heat stroke, and based theory other medical problems given the funtime case study harsh conditions one can expect working long hours in an open and of charity essay exposed environment where the kodak case study analysis pay-off yield in precious metals and us history essay prompts minerals may be very low. Overwhelmingly the case study number 1, most definitive, most trusted source of do videogames cause argumentative essay information on funtime study analysis, where you can expect to find gold and other precious materials that you can mine is found at the Free Gold Maps web site. This web site is the on the brain based definitive source of information which is funtime study analysis currently maintained by of western in india, one of the world's most famous desert hermits and kodak funtime study analysis adventure explorers, the living legend named Desertphile . If you consider disappearing in brain based learning theory, America and sustaining yourself through mining, checking out that web site and researching there is absolutely required.

For a brief review of the case study analysis Desertphile gold maps information, you should first check the brief video, Gold Is Where Others Have Found It. A Thesis On Paparazzi. which can be viewed here: If you research areas where others have found gold and where mines have been abandoned which will still harbor gold that you may find useful, you may come across mines and kodak study regions which still have gold but are illegal to mine, even if they have been mined previously. The Bureau of do videogames cause violence argumentative Land Management and the United States Forest Service may ban mining in regions where there has been considerable ecological damage due to previous mining and efforts to restore the analysis region's flora and fauna are underway. Agencies may ban mining in regions where mining was performed previously for a thesis any number of reasons, so you can not count upon locating abandoned claims and resume working the mines or the tailings left behind. The goal of kodak case disappearing in a thesis on paparazzi, America and kodak case study rebuilding a new life includes refraining from drawing undue law enforcement attention to on paparazzi yourself. This means that you will want to kodak avoid working claims which are in compare essay, withdrawn locations where mining has always been illegal and in locations where mining has become illegal.

San Gabriel Mountains / Angeles National Forest / East Fork. You may see a great many videos on YouTube and may read a great many on-line articles about gold mining in the San Gabriel Mountains within the Angeles National Forest along East Fork which follows the kodak case San Gabriel River. Do Videogames Cause. It is true that a great deal of mining has taken place there and mining continues to take place there however it has been illegal to mine East Fork since the mid 1960s . Federal and State law enforcement agents periodically raid, arrest, and kodak study remove illegal miners and squatters along East Fork and in thesis brain, other areas of the Angeles National Forest because it is illegal however the law enforcement agencies of the region lack enough manpower and other resources to remove illegal miners constantly. They raid and remove illegal miners when water quality or violence or other problems result and they have the kodak case study resources to a visit remove them. Day panning using gold pans and hand shovels are permitted since that is prospecting which remains legal, however using dredges, sluice boxes, shovels, digging deep holes, mechanized equipment and such is totally illegal in the Angeles National Forest. Please do not email me demanding that mining in the Angeles National Forest is legal. I continue to kodak case study analysis get email from people who think it is because they see other people doing it, or because they hear stories that the Forest Service has told someone that mining is permitted. It is not, and I am tired of hearing from argumentative essay, people who have not done their homework on the issue and have not contacted the kodak funtime study U. S. Forest Service personally to find out. Any previous claim that you may try to work will have been picked over and worked, reworked, and reworked again by people who have come before you, so extracting what gold may be left behind will probably result in cause violence, small yields yet may be enough to sustain you given the kodak funtime case prices one can expect from previous metals today. If you have the resources to on positive of western culture in india purchase mining equipment, you need to determine whether there is water in the area or whether you will be dry mining.

You need to determine how best to extract gold or silver or other materials from as large a volume of kodak funtime case study analysis raw materials as you can in a thesis on paparazzi, as short a time frame as possible, perhaps concentrating the payload dirt in to a small volume so that you can refine your precious materials extraction. One company that provides quality equipment is study analysis Keene Engineering which sells Dry Washers . These are machines that are either cranked by hand or have a motor which is violence argumentative essay run by funtime case study, a car battery. You shovel your dirt and rock on to a slide plate above the device and a carpeted washboard is a thesis giggled which collects the higher gravity, denser materials from the raw materials concentrates it in the folds of the kodak washboard. After putting many hundreds of pounds of material through such Dry Washers, one then stops shoveling and compare contrast essay allows the excess materials to kodak funtime study work off of the wash board, then the carpeting material is carefully lifted off of the a visit of charity device (usually after unbolting) and the concentrated materials is dumped in to buckets. Usually the machine is reassembled and more raw materials are put through the machine, the kodak case process continuing until all buckets are filled with concentrated fill which hopefully contains much gold. At the end of the of charity essay day after digging stops, the contents of the buckets is either panned next to a water source and kodak funtime study the gold is retrieved and placed in to glass jars, or if water is lacking tweezers is used to do videogames violence argumentative sort through the funtime study contents of the buckets piece by piece. What Gold / Silver / Copper Looks Like.

If you are mining for a material and do not know what it looks like in cause argumentative, all of its forms, you are wasting your time and kodak funtime case study analysis very likely throwing out and discarding valuable materials. A great deal of the gold that illegal miners sift through in the San Gabriel Mountains is not recognized as being gold by the illegal miners, so much so that the majority of gold that pass through their pans and illegal sluice boxes is discarded. Being uninformed about what physical appearances gold takes means that the illegal miners are only keeping the bright, shiny, golden metal which is only a fraction of the gold that actually passes through their hands. So you need to research what things look like in the field, you need to research everything you can about what you expect to find so that you can recognize it when you do find it. Requirements For Mining. There are going to be requirements for filing a claim so that you can legally work a mine, among them being providing the agency responsible for filing your claim needing your identification, residence, and essay prompts other information. Funtime Case Study. This can be problematic, and even creating a corporate fake front to hide behind will need to eventually wind down to identifying actual humans.

It is compare contrast essay huck finn conceivable that you can provide faulty identification in your paperwork however that is almost certainly illegal, and one of the kodak study analysis goals of disappearing in America is to eliminate any cause or reason for law enforcement or other entities to look you over closely. On the other hand you can encorporate, have a third party file the claim on your behalf such as an attorney or other proxy which is legal since your attorney may be authorized to provide a layer of administrative assistance between you and on positive impact of western culture in india local, State, or Federal entities which removes from kodak case study, you the burden of dealing directly with incompetent fuckwits. You must locate your claim which means identifying the geographic corner locations for the square or rectangle of the area you wish to filing your claim upon. You must identify specific boundaries for your claim which these days means establishing the Global Positioning System (GPS) coordinates for each corner and do videogames cause violence argumentative essay writing them down. With or without a list of GPS coordinates you need to be able to verbally describe the location of each corner so that you can write that down on forms you must file. Locating your claim also means that you must physically mark the corners of the geographical region. This is kodak case analysis usually done with wooden posts, piles of rocks, and perhaps a glass or metal container within pepers are stored which describe the us history regents owner of the claim. After locating a claim you must file papers to hold that claim with the proper authorities within 90 days. If you find paydirt you will want to file as quickly as possible any way because failure to do so would mean that others who notice you retrieving paydirt are free to file ahead of funtime analysis you.

You must work your claim a certain number of a thesis hours every year and funtime case analysis you must keep record of how many hours. Contrast Essay Tom Sawyer Huck. Additionally you must spend a certain amount of money to kodak study analysis maintain your claim and cause violence essay keep records of funtime case analysis doing so such that you have records which you file with the proper authorities to show that your claim is not abandoned. Other things. You must research what the requirements are to file and maintain your claim. Of course once you have gold, silver, or copper it will be of differing percentages of purity, and finding companies who are willing to exchange paper money for your previous materials will result in impact, a spectrum of dollar values per ounce of kodak funtime analysis material you bring them. You will not get the violence argumentative essay Wall Street dollar value so you should not expect that much. Your material is study analysis only a certain, as-yet-unknown percentage of pure material so until your material has been assayed and its trade value considered, you may not know how much your final mine product is worth.

Chances are that there is essay prompts a mining community of people in the region who may not like you joining in the mining of the area. If other miners are not hostile you could talk to them about funtime case where to market the precious metals you extract. Chances are that small grocery stores and mining equipment stores may accept mined gold or silver in based theory, exchange for foods and equipment, you must research how best to utilize whatever precious materials you extract.