Informants are legal, first of all. They confidentially provide information to law enforcement agencies. Yes, they can get paid, but that is the minority. Most got caught doing something and complied with a sting operation (being undercover) to get leniency or charges dropped.
One thing to remember with this topic is that their identity is protected unless they are called as a witness in court. Also, to be a legal informant, many things are considered. Some of this is common sense to an investigative mind, but some aren't. Below is a simple list of what is considered.
1. age
2.alien status
3.are they party to privileged info?
4. relevance of info
5.relationship to anyone involved
6.ability of officer to ensure they only do what they are supposed to / how they would use legitimate organizations for info
7. motivation
8. various risks to case
9. can statements be backed?
10. reliable/truthful?
11. prior record as witness
12. criminal history
13. risk of flight or harm to general public?
14. substance abuse.
15. relative in law enforcement?
16. harm to self/family if inform?
When it comes to legal informants, the pre-chosen (a common example is drug buying) crime is pardoned so they can be undercover and help bust someone. If they do what was pre-arranged well they receive their leniency, charges are dropped, or they are paid. It's rather simple compared to some legal concepts. It's a deal made with law enforcement, at its most basic.
It is equally important to note that private investigators don't get this legal privilege and don't have the regulation law enforcement agencies have. Law enforcement and PIs aren't the same. They may have helpful sources on the side, but they aren't called informants in that situation.
Check my research. Keep me honest, fellow writers. I aim to educate you with the truth. When you write your informants to life, keep in mind the paid are the minority and there are laws to follow when using them. I can only put so much in one blog post, so if you want to hear more, comment below.
Monday, June 17, 2019
Monday, June 10, 2019
Court Evidence- is it admissible or not?
Investigators have to be aware of whether evidence is admissible in court or not. It is important to your story line and plot that you know what can and can't be used as evidence in a court of law. You have the power to make your characters win and lose court cases based on this information alone.
Admissible evidence is defined as being relevant, reliable, and obtained legally. Relevant means it must prove or disprove important facts in the case. Reliable means it is credible.
Basically, you can't have an illegally obtained recording, an unreliable video tape that's bad quality, or an irrelevant Facebook post as evidence. Any good lawyer would object to this evidence, but then again, does your lawyer character have to be a good lawyer? That's your call, fellow writers.
Inadmissible evidence is basically the opposite of what admissible is. It can't be used against anyone in court. Below I have listed some of the specifics of why it can be declared inadmissible (some have exceptions, so do your research on your specific circumstances):
prejudiced evidence
wastes time
misleading
hearsay (testimony outside of court)
character
expert testimony not from an expert
privileged information
What is evidence? Anything that can prove anything in court. Recordings, photos, testimony, statements, demonstrations, etc.... Keep in mind that if it is found to be illegally obtained evidence your private investigator or detective messed up, big time.
In conclusion, your private investigator or detective can throw a monkey wrench in their own case if they illegally collect their evidence (recordings without legal consent and shooting video on private property are just a few ways), so know your law and do your extra research. Check my facts, if you like. I aim to inform and arm writers with truth, so hold me accountable.
https://www.law.cornell.edu/wex/inadmissible_evidence
https://connorreporting.com/photo-video-evidence-always-admissible-court/
https://www.justia.com/criminal/procedure/admissibility-evidence/
https://www.legalmatch.com/law-library/article/what-is-admissible-evidence.html
Admissible evidence is defined as being relevant, reliable, and obtained legally. Relevant means it must prove or disprove important facts in the case. Reliable means it is credible.
Basically, you can't have an illegally obtained recording, an unreliable video tape that's bad quality, or an irrelevant Facebook post as evidence. Any good lawyer would object to this evidence, but then again, does your lawyer character have to be a good lawyer? That's your call, fellow writers.
Inadmissible evidence is basically the opposite of what admissible is. It can't be used against anyone in court. Below I have listed some of the specifics of why it can be declared inadmissible (some have exceptions, so do your research on your specific circumstances):
prejudiced evidence
wastes time
misleading
hearsay (testimony outside of court)
character
expert testimony not from an expert
privileged information
What is evidence? Anything that can prove anything in court. Recordings, photos, testimony, statements, demonstrations, etc.... Keep in mind that if it is found to be illegally obtained evidence your private investigator or detective messed up, big time.
In conclusion, your private investigator or detective can throw a monkey wrench in their own case if they illegally collect their evidence (recordings without legal consent and shooting video on private property are just a few ways), so know your law and do your extra research. Check my facts, if you like. I aim to inform and arm writers with truth, so hold me accountable.
https://www.law.cornell.edu/wex/inadmissible_evidence
https://connorreporting.com/photo-video-evidence-always-admissible-court/
https://www.justia.com/criminal/procedure/admissibility-evidence/
https://www.legalmatch.com/law-library/article/what-is-admissible-evidence.html
Monday, June 3, 2019
Stalking- what is it according to the laws?
I've talked about how private detectives can be booked for stalking if they stake-out and tail people wrong. If you tail someone like detectives from noir movies your fictional investigator can get picked up for stalking, and the fictional police will laugh at your private investigator for their stupidity. What is considered stalking by law? Do you actually know? No matter what people claim it is, here are the facts when it comes to the actual (Ohio) laws.
Private Detectives (PIs) can be picked up because someone is scared and perceives a PI driving by their home or office as a threat. Tailing too obviously, and too often, has the same effect and therefore the police can pick up your fictional PI and put them in jail.
The laws on stalking/menace by stalking say that there is perceived threat (much like self-defense laws) of physical or mental harm. There is also a pattern of malicious behavior with the intention of intimidation. This can be cyber, too. Cyber is connected with sexual situations, commonly, and inciting someone to stalk/intimidate with a post or message of any kind is also menace by stalking.
People can put in a civil protection order against someone who allegedly stalked them. To do this they can't be married to the person the order is against. Civil protection orders state that the other person can't be within 500 feet of whoever filed the order. Breaking this order has penalties to the alleged stalker.
The first case of Menace by Stalking results in a misdemeanor in the first degree, and a second case makes it a felony of the fourth degree.
A case can be a felony of the fourth degree under these 9 circumstances (all except two apply to the alleged stalker):
-not the first time -direct threat of physical harm -trespassing -the victim was a minor (under 18)
-history of violence -had a weapon -broke protection order -prior to, was a danger to self or others
-victim suffered harm on their own property at the hands of the stalker
As you can probably see, most stalking is involved with domestic abuse and domestic violence. As mentioned earlier, most cyberstalking has "sexual motivation", which is defined as a desire to satisfy sexual desires and needs, particularly for the offender. For your fictional PI, or fictional character in general, they may fit the legal definition of a stalker, or not.
Given that most people don't know these legal definitions, "stalking" can be a term that is thrown around carelessly. "Facebook stalking", looking through people's profiles out of curiosity or boredom, is a term our society has used quite often, but legally if you tried to accuse someone of this it wouldn't hold water. Check me on that if you want. I personally think it wouldn't fit this definition because the malicious intent is, most likely, not there.
Your fictional characters, whether villains, heroes, victims, or wrongly accused neighbors, will be impacted by what you know about the law, especially in courtroom situations, so please check my facts. I invite you to correct me if I get something wrong. I aim to arm writers with correct information.
As always, comment what you want to know!
Private Detectives (PIs) can be picked up because someone is scared and perceives a PI driving by their home or office as a threat. Tailing too obviously, and too often, has the same effect and therefore the police can pick up your fictional PI and put them in jail.
The laws on stalking/menace by stalking say that there is perceived threat (much like self-defense laws) of physical or mental harm. There is also a pattern of malicious behavior with the intention of intimidation. This can be cyber, too. Cyber is connected with sexual situations, commonly, and inciting someone to stalk/intimidate with a post or message of any kind is also menace by stalking.
The results of Stalking/Menace by Stalking
People can put in a civil protection order against someone who allegedly stalked them. To do this they can't be married to the person the order is against. Civil protection orders state that the other person can't be within 500 feet of whoever filed the order. Breaking this order has penalties to the alleged stalker.
The first case of Menace by Stalking results in a misdemeanor in the first degree, and a second case makes it a felony of the fourth degree.
A case can be a felony of the fourth degree under these 9 circumstances (all except two apply to the alleged stalker):
-not the first time -direct threat of physical harm -trespassing -the victim was a minor (under 18)
-history of violence -had a weapon -broke protection order -prior to, was a danger to self or others
-victim suffered harm on their own property at the hands of the stalker
What this means for your fictional characters
As you can probably see, most stalking is involved with domestic abuse and domestic violence. As mentioned earlier, most cyberstalking has "sexual motivation", which is defined as a desire to satisfy sexual desires and needs, particularly for the offender. For your fictional PI, or fictional character in general, they may fit the legal definition of a stalker, or not.
Given that most people don't know these legal definitions, "stalking" can be a term that is thrown around carelessly. "Facebook stalking", looking through people's profiles out of curiosity or boredom, is a term our society has used quite often, but legally if you tried to accuse someone of this it wouldn't hold water. Check me on that if you want. I personally think it wouldn't fit this definition because the malicious intent is, most likely, not there.
Your fictional characters, whether villains, heroes, victims, or wrongly accused neighbors, will be impacted by what you know about the law, especially in courtroom situations, so please check my facts. I invite you to correct me if I get something wrong. I aim to arm writers with correct information.
As always, comment what you want to know!
Tuesday, May 28, 2019
Survivor's guilt - PTSD part 2
Last blog I talked about PTSD, which is sometimes caused by Survivor's Guilt.
According to Google, the definition of survivor's guilt is a condition of persistent mental and emotional stress experienced by someone who survived an event where others died. In short, one might feel guilty about surviving. For example, a bombing may take place and one of the few survivors may suffer from this condition. It is often connected with grieving someone's death.
Not surprisingly, it has some of the same symptoms as PTSD and contributes to PTSD. Symptoms include flashbacks, irritability, difficulty sleeping, feeling numb or disconnected, being unmotivated, feeling helpless, fear, physical distress (headaches, heart issues, stomach issues), and suicidal feelings.
Curiously, it is often spotted through exploring dreams. Dream journals are a good source of coping. People who have depression and low self-esteem, especially past victims of childhood abuse, are more likely to get this. It is a normal response to a sudden death of a loved one. Coping with it takes patience, taking care of yourself physically and emotionally, and possibly seeking professional help.
One of the characters my fellow writer and I have created has this issue because her lover was killed in a sudden bombing. She felt that is she could convince him to stay with her instead of entering the bunkhouse he would have survived. She dreams that she's convincing her lover to stay with her. This is an excellent example of survivor's guilt.
Fellow writers, when you are writing PTSD situations survivor's guilt could potentially be involved, not every time, but some of the time. In the case of the character my fellow writer and I created, it is only one source of her PTSD. The rest of it is caused by the war.
Happy writing and I hope you had a great memorial day! As always, comment what you want me to write about.
According to Google, the definition of survivor's guilt is a condition of persistent mental and emotional stress experienced by someone who survived an event where others died. In short, one might feel guilty about surviving. For example, a bombing may take place and one of the few survivors may suffer from this condition. It is often connected with grieving someone's death.
Not surprisingly, it has some of the same symptoms as PTSD and contributes to PTSD. Symptoms include flashbacks, irritability, difficulty sleeping, feeling numb or disconnected, being unmotivated, feeling helpless, fear, physical distress (headaches, heart issues, stomach issues), and suicidal feelings.
Curiously, it is often spotted through exploring dreams. Dream journals are a good source of coping. People who have depression and low self-esteem, especially past victims of childhood abuse, are more likely to get this. It is a normal response to a sudden death of a loved one. Coping with it takes patience, taking care of yourself physically and emotionally, and possibly seeking professional help.
One of the characters my fellow writer and I have created has this issue because her lover was killed in a sudden bombing. She felt that is she could convince him to stay with her instead of entering the bunkhouse he would have survived. She dreams that she's convincing her lover to stay with her. This is an excellent example of survivor's guilt.
Fellow writers, when you are writing PTSD situations survivor's guilt could potentially be involved, not every time, but some of the time. In the case of the character my fellow writer and I created, it is only one source of her PTSD. The rest of it is caused by the war.
Happy writing and I hope you had a great memorial day! As always, comment what you want me to write about.
Monday, May 20, 2019
PTSD -writing a PTSD character
PTSD is an unfortunate side effect of trauma, specifically combat, severe abuse, and rape.
When it comes to writing characters that are afflicted with PTSD here is what you need to know.
The basic definition of PTSD (Post Traumatic Stress Disorder) is a mental condition caused by traumatic events. The symptoms of this disorder are similar in men and women, but not quite the same. More women soldiers are seeing combat and going into the military as a career. They face the same challenges in some ways, but not in every way.
When it comes to writing characters that are afflicted with PTSD here is what you need to know.
The basic definition of PTSD (Post Traumatic Stress Disorder) is a mental condition caused by traumatic events. The symptoms of this disorder are similar in men and women, but not quite the same. More women soldiers are seeing combat and going into the military as a career. They face the same challenges in some ways, but not in every way.
The basic symptoms of PTSD include flashbacks, nightmares, mental health issues, panic attacks, and hallucinations. These are the traits that men and women share within this disorder. People also have trouble sleeping, eating, dealing with memory triggers, and dealing with other people within these symptoms. Some turn to drugs and alcohol. Changes in personality and moodiness are common. A once loving spouse may beat their spouse and suddenly hate them.
Women with PTSD
When women are faced with PTSD there are different reasons for it. One major cause of this disorder, for women especially, is rape. It happens in and out of the military environment, meaning it is more common in women than some people know. Your female PTSD victim doesn't have to be a soldier. She may be a victim of rape and assault. Abuse has the same effect, as well, in both genders. MST (military sexual trauma) is not uncommon, whether it was rape or sexual harassment. Both are included in MST.
PTSD in women comes out differently. Women are more likely to get jumpy, have emotional trouble, and avoid triggers. Depression and anxiety are more common here. The adjustment to being a civilian after leaving the military is hard and works differently for women than men. Suicide is more common with women, specifically successful suicide. Women adjusting to civilian life are 250 percent more likely to kill themselves, in comparison to male suicide rates being 18 percent more likely to kill themselves.
Men with PTSD
Men do not commonly deal with rape, and when it does happen to men it is extremely hard to prove. It's almost impossible to prove, in fact, but that is another subject. Men deal with more combat when in a military environment. Men also deal with more anger and violent tendencies when they have PTSD. They will sometimes lose control of their anger and will be unable to stop themselves, which can tear families apart. While suicide happens with a lot of PTSD victims of both genders, the percentage is lower with men. 18 percent higher than civilians, to be exact. Men are more likely to turn to drugs and alcohol.
Why talking about experiences is so important
The military teaches both service men and service women to be strong and silent. This is a problem when it comes to PTSD because talking about and processing traumatic events is vital to healing from the disorder. For this reason, I am including two phone numbers at the bottom of the blog post for those who need to see them and talk to someone. PTSD is a serious issue.
When you are writing your character with PTSD you can use flashbacks to reveal backstory very easily. This is one place showing nightmares and flashbacks fits extremely well. Your character's trauma is a part of them, so don't be afraid to show it. Whether you make your character receptive to mental help or not, also remember that the VA may or may not be helpful. You will find stories of helpful VA (veteran affairs) services and not so helpful VA services. The system is flooded, truthfully, so do your research on that. You will find people curse the VA because there are bad doctors within the system.
If you need help, please talk to someone!
Veteran's Crisis Line-1-800-273-8255
Women Veterans hotline 855-VA-WOMEN (829-6636)
Did I get something wrong? Do you want to hear more? Comment below and let me know!
https://www.npr.org/2018/05/29/614011243/battling-depression-and-suicide-among-female-veterans
https://www.military.com/benefits/veterans-health-care/va-finds-ptsd-affects-women-differently-then-men.html
https://www.ptsd.va.gov/professional/treat/type/trauma_female_veterans.asp
Monday, May 13, 2019
Self defense laws in Ohio- what to remember
These are Ohio self defense laws, so if you are looking for other states consult an attorney or the internet, then double check your facts.
So, your detective, victim, or even murderer is going to claim self defense in Ohio. Here's what you need to know about Ohio legal self defense. In general, it's easier to give your character a lawyer, and even then you still have to know the laws. Always get a lawyer, in real life.
So, your detective, victim, or even murderer is going to claim self defense in Ohio. Here's what you need to know about Ohio legal self defense. In general, it's easier to give your character a lawyer, and even then you still have to know the laws. Always get a lawyer, in real life.
In public places
The thing to remember is that if you are in public places you have a duty to retreat, which means it is only legal if you couldn't retreat/avoid the danger and you believed fully that you were in danger (whether you actually were or not). If you believed you would be bodily harmed and couldn't escape, you have a right to self defense. That said, a jury still has to believe you. You are supposed to find a peace officer, if you can retreat. Also, if you caused the fight to begin with, you have no legal right to self defense.
In you (or your family's) home or car
There is something called the Castle Doctrine in Ohio. An intruder comes in and threatens you or your family and you have every right to shoot them in self defense. No duty to retreat exist in these places. There are loopholes that make this doctrine null, however. Also, if you are trespassing and commit a self defense you are illegally acting.
a. You invited the person you shot in, or a fellow resident did
b. they are a postal worker and have temporary right to be there
c. they are only peering in
d. they are leaving your home
e. they are a fellow resident of the home
There are several situations that would cause problems for a character in the way of legal self defense. You can create so many legal problems for your characters just by using the list of ways Castle Doctrine doesn't cover someone. For example, you invite your date in, they attack, you kill them in defense of your body, and you can't legally claim self defense. That's just one example.
Have fun putting your characters in bad legal situations and giving murderers ways to murder someone! Comment below if you want to know about something specific.
Monday, May 6, 2019
Real life american serial killers
Writers and readers are thrilled by serial killers from the past and present. They fill fiction novels in the mystery and suspense genre and readers eat it up with a spoon. I'm going to provide you examples of real crimes you may or may not have heard of, as well as give you the basics on serial killers.
Serial killers are defined as committing a series of murders, sometimes with no apparent motive, in a pattern or specific way. They are often made famous (or rather infamous) in the process because the press and general population become alarmed and focus on them. They appear on the news when news of a serial killer is leaked out or is released to the press by law enforcement. It would be great if serial killers were all fictional and created only on pages of thrillers, but that isn't true.
We all know about Jack the Ripper, H. H. Holmes, Jeffery Dahmer, Ted Bundy, and the Zodiak Killer, but there are current day killers you may not know about. Some of them aren't caught.
Serial killers are defined as committing a series of murders, sometimes with no apparent motive, in a pattern or specific way. They are often made famous (or rather infamous) in the process because the press and general population become alarmed and focus on them. They appear on the news when news of a serial killer is leaked out or is released to the press by law enforcement. It would be great if serial killers were all fictional and created only on pages of thrillers, but that isn't true.
We all know about Jack the Ripper, H. H. Holmes, Jeffery Dahmer, Ted Bundy, and the Zodiak Killer, but there are current day killers you may not know about. Some of them aren't caught.
2011 - New York State
Police found around 10 bodies while investigating the murder of Shannan Gilbert, most of them sex workers who had advertised on craigslist. Some of the body parts found in the graves were linked to an unsolved case from 1996. While there are some leads, they haven't found the killer.
North Texas Hospital 2000-2001
Vickie Jackson, currently serving a life sentence, may have killed 10 people in North Texas Hospital.
She was a nurse at North Texas Hospital and used a drug, used to paralyze ability to breathe, to kill elderly patients in the hospital. She pleaded no contest, but never admitted her guilt.
Plainfield Ghoul - 1954-1984
Ed Gein became fascinated by death, dismemberment, sexual fantasies, and cannibalism after his parents died in the 1940s. His farm in Plainfield became a house of horrors. By 1954, he went from messing with graveyard corpses to killing older women. 15 women died at his hands. He was put in the state hospital for life and died of cancer in 1984.
The Dating Game killer - 1968
Rodney Alcala was a contestant on the dating game. Fortunately, his date had the good sense to not show up for the date. He killed an 8 year old, raped and strangled, in 1968. He killed four more women after that. Based on photos received from Alcala, it is believed he killed more women. He got the death sentence after conviction of one murder.
Check my facts, blog readers, and if you are interested in any other cases, comment. I looked for less known cases. In review, women, children, and sex workers were and are major targets of serial killers. People on the social fringes are easier to target. You will also notice that few women have been known to be serial killers. If you are writing a serial killer in your novel, these are social patterns you may want to follow or break. Your call, fellow writers.
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