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Felony Waiver
A felony waiver is special permission granted to a United States military recruit with a felony on their criminal record. Some crimes that are considered to be misdemeanors according to respective state law may be, according to the Uniform Code of Military Justice, considered felonies and thus would require a felony waiver. Occupations requiring high level security clearances are usually closed to individuals seeking felony waivers. They are increasingly being issued by the U.S. Army and U.S. Marine Corps to bolster forces that are strained by the demands of the ongoing War on Terror. This is a more common practice today than in the past, along with the usage of the stop-loss policy. Former US Representative Henry Waxman of California served as chairman of the House Oversight and Government Reform Committee. Upon releasing data focused on felony waivers, Waxman acknowledged public sentiment regarding the usage of felony waivers, stating that "Concerns have been raised that the sign ...
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Permission (philosophy)
Permission, in philosophy, is the attribute of a person whose performance of a specific action, otherwise ethically wrong or dubious, would thereby involve no ethical fault. The term "permission" is more commonly used to refer to consent. Consent is the legal embodiment of the concept, in which approval is given to another party. Permissions depend on norms or institutions. Many permissions and obligations are complementary to each other, and deontic logic Deontic logic is the field of philosophical logic that is concerned with obligation, permission, and related concepts. Alternatively, a deontic logic is a formal system that attempts to capture the essential logical features of these concepts. It ... is a tool sometimes used in reasoning about such relationships. Further reading * Alexy, Robert, ''Theorie der Grundrechte'', Suhrkamp, Frankfurt a. M.: 1985. Translation: ''A theory of constitutional rights'', Oxford University Press, Oxford: 2002. * Raz, Joseph, ''Practical reas ...
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Brigadier General (United States)
In the United States Armed Forces, a brigadier general is a one-star general officer in the United States Army, Marine Corps, Air Force, and Space Force. A brigadier general ranks above a colonel and below a major general. The pay grade of brigadier general is O-7. It is equivalent to the rank of rear admiral (lower half) in the other United States uniformed services which use naval ranks. It is abbreviated as BG in the Army, BGen in the Marine Corps, and Brig Gen in the Air Force and Space Force. History The rank of brigadier general has existed in the U.S. military since the inception of the Continental Army in June 1775. To prevent mistakes in recognizing officers, a general order was issued on July 14, 1775, establishing that brigadier generals would wear a ribbon, worn across the breast, between coat and waistcoat, pink in color. Later, on June 18, 1780, it was prescribed that brigadier generals would instead wear a single silver star on each epaulette. At first, briga ...
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Terroristic Threats
A terroristic threat is a threat to commit a crime of violence or a threat to cause bodily injury to another person and terrorization as the result of the proscribed conduct. Several U.S. states have enacted statutes which impose criminal liability for "terroristic threatening" or "making a terroristic threat."45 A.L.R. 4th 949 (originally published in 1986, subsequently updated). Overview Generally, a terroristic threat "is sufficiently specific where it threatens death or great bodily injury, and a threat is not insufficient simply because it does not communicate a time or precise manner of execution. Thus, a criminal statute prohibiting terroristic threatening serves to criminalize future, as well as present, death threats." Courts have held that "a threat need not take any particular form or be expressed in any particular words, and may be made by innuendo or suggestion, and that the words uttered will not be considered in a vacuum but rather in light of all the circumstances." ...
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Vehicular Homicide
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle. In cases of criminal negligence, the defendant is commonly charged with unintentional vehicular manslaughter. Vehicular homicide is similar to the offense, in some countries, of "dangerous driving causing death". The victim may be either a person not in the car with the offending motorist (such as a pedestrian, cyclist, or another motorist), or a passenger in the vehicle with the offender. Jurisdictions Canada The Criminal Code does not have a specific offence for vehicular homicide, but has a series of provisions covering driving offences causing death, among them: * dangerous driving causing death * criminal negligence causing death * failure to stop for police causing death * street racing causing death * impaired driving causing death * hit and run driving causing death The maximum penalty for da ...
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Negligent Homicide
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape that was left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. An employee had left the tape on and was charged with negligent homicide. Other times, an intentional killing may be negotiated down to the lesser charge as a compromised resolution of a murder case, as might occur in the context of the intentional shooting of an unarmed man after a traffic altercation. United States In the United States, all states define negligent homicide by statute, often defining the offense as involuntary manslaughter. Negligent homicide may be a lesser included offense to first and second degree murder, meaning that all of the elements of negligent homicide are elements of those more seriou ...
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Sexual Assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner. Definition Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Types Child sexual abuse Child sexual abuse is a form of child abuse in wh ...
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Incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption, or lineage. It is strictly forbidden and considered immoral in most societies, and can lead to an increased risk of genetic disorders in children. The incest taboo is one of the most widespread of all cultural taboos, both in present and in past societies. Most modern societies have laws regarding incest or social restrictions on closely consanguineous marriages. In societies where it is illegal, consensual adult incest is seen by some as a victimless crime. Some cultures extend the incest taboo to relatives with no consanguinity such as milk-siblings, step-siblings, and adoptive siblings, albeit sometimes with less intensity. Third-degree relatives (such as half-aunt, half-nephew, first cousin) on average have 12.5% common genetic heri ...
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Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ...
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Illegal Drug Trade
The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation, manufacture, distribution and sale of prohibited drugs. Most jurisdictions prohibit trade, except under license, of many types of drugs through the use of drug prohibition laws. The think tank Global Financial Integrity's ''Transnational Crime and the Developing World'' report estimates the size of the global illicit drug market between US$426 and US$652billion in 2014 alone. With a world GDP of US$78 trillion in the same year, the illegal drug trade may be estimated as nearly 1% of total global trade. Consumption of illegal drugs is widespread globally and it remains very difficult for local authorities to thwart its popularity. History The government of the Qing Dynasty issued edicts against opium smoking in 1730, 1796 and 1800. The West prohibited addictive drugs throughout the late 19th and early 20th centuries. Beginning in the 18th century, British merchants from th ...
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Motor Vehicle Theft
Motor vehicle theft (also known as a car theft and, in the United States, grand theft auto) is the criminal act of stealing or attempting to steal a motor vehicle. Nationwide in the United States in 2020, there were 810,400 vehicles reported stolen, up from 724,872 in 2019. Property losses due to motor vehicle theft in 2020 were estimated at $7.4 billion. There were 505,100 car thefts in the EU in 2019, a 43% decrease from 2008. Methods Some methods used by criminals to steal motor vehicles: * Theft of an unattended vehicle without a key: the removal of a parked vehicle either by breaking and entry, followed by hotwiring or other tampering methods to start the vehicle, or else towing. In London, the police say that 50% of the annual 20,000 car thefts are now from high-tech OBD (Onboard Diagnostic Port) key-cloning kits (available online) and bypass immobilizer simulators. * Taking without owner's consent (TWOC): the unauthorized use of a car short of theft. This term is us ...
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Non-sufficient Funds
Dishonoured cheques (also spelled check) are cheques that a bank on which is drawn declines to pay (“honour”). There are a number of reasons why a bank would refuse to honour a cheque, with non-sufficient funds (NSF) being the most common one, indicating that there are insufficient cleared funds in the account on which the cheque was drawn. An NSF check may be referred to as a bad check, dishonored check, bounced check, cold check, rubber check, returned item, or hot check. In England and Wales and Australia, such cheques are typically returned endorsed "Refer to drawer", an instruction to contact the person issuing the cheque for an explanation as to why it was not paid. If there are funds in an account, but insufficient cleared funds, the cheque is normally endorsed “Present again”, by which time the funds should have cleared. When more than one cheque is presented for payment on the same day, and the payment of both would result in the account becoming overdrawn (or be ...
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