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(1)
Outstanding warrants shall be red flagged on the
individual's driver's license. Since the
majority of fugitives are picked up in traffic
stops, this information would benefit law
enforcement nationwide. Currently, in many
states individuals with outstanding traffic
tickets cannot renew their licenses but felons
with warrants can.
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(2)
Outstanding warrants should be put on a fugitive's
credit report. Whether the fugitive applies for a
job or a car, the information will be available to the
business or person reading the report and the police can
be called.
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(3)
Warrants should be public information, with rare
exceptions. The police should willingly run a
check on a name called in by a concerned citizen in
order to determine if there is an outstanding warrant on
the individual. The check should include the NCIC,
the state wants and warrant list and local county and
city municipal warrants. Currently, the
majority of police departments will not provide this
information to a citizen without the permission of the
fugitive.
According to the attorney general of
California, Bill Lockyer, the public is being unrealistic to
expect police to track down fugitives. He said the
funding and the personnel are not available for this
monumental task.
On August 2, 2002, he told Greta Van Susteren on her Fox
TV
interview program, "On the Record," that currently there are over
200,000
outstanding felony warrants in his state, 2,700 of which
are for murder, and this does not include misdemeanor
warrants. Attorney General Lockyer said that law enforcement is
ill-equipped in personnel and funding to search for
these fugitives who outnumber the
police two to one.
The
police want the public to help then find fugitives
because they know they cannot do it alone. Yet, if
a citizen cannot call most police departments to find out if
a person is wanted for a crime, then the police are also
expecting something from the public that they cannot
give. This law or protocol, as it is described in
many precincts, must be changed for the safety of both
police and the public.
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(4)
Implement a national extradition fund. Federal highways are
funded by the federal government because the citizens of
all states benefit from their use. Conversely,
fugitives who flee from one state to another to avoid
prosecution create a danger to the citizens of the
states they choose to hide in. Almost inevitably,
the tax dollars of another municipality in another state
will be spent on new charges against the fugitive.
A
national extradition fund will eliminate this mammoth loophole
through which tens of thousands of fugitives
routinely escape. The
fund should be set aside to be used only for
extradition. Eventually, it will be apparent which
states are regularly dumping their fugitives into
someone else's back yard and this awareness can be used
politically to convince these states to change their
policies.
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(5)
Parolees and probationers shall be required
to obtain a new driver's license with biometric
identification capabilities, such as facial recognition,
retina or fingerprint scanning. Although this
technology is in the development stage, it should
be implemented as quickly as it becomes available
in each state. If a parolee or
probationer obtains a false identification in any
form, the penalties shall be severe.
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(6)
Introduce Fraud Courts into county court systems.
Because prosecutors rarely prosecute fraud, embezzlement
and theft where business partners or close associates
are involved, these victims are forced to use the civil
courts in order to obtain justice. Since most
fraud is perpetrated by people with few assets, the
chances of the victims ever recovering these losses are small. Consequently, the thieves suffer minimal
discomfort for their crimes and frequently use what they
learn to improve their fraud skills.
Like family courts, fraud courts should be a part of county court
systems. This court would be a merger of the civil
and criminal courts because it would allow a plaintiff
to present the details of his case for the purpose of
collecting on his losses as well as presenting evidence
that would normally be presented to the police in order
to demonstrate criminal fraud by the
defendant. A fraud court judge would have the
power to place a defendant under arrest if the case
presented by the plaintiff clearly indicates criminal
fraud.
Many fraud cases that are discounted by the police and
prosecutors have evidence supporting the charges which
is never examined. This refusal to review
evidence can even go as far up as the FBI. One
victim who lost over $100,000 to a con artist was asked
by an investigating FBI agent if the victim wasn't
"just mad at the man because you lost all your
money."
Fraud courts would enable a judge to hear all the
evidence supporting the plaintiff's charges. It
would enable to plaintiff to subpoena witnesses who
otherwise may never be heard. And it would require
the defendant to appear or face a bench warrant .
A fraud court would benefit the community as well as the
plaintiff as it would provide a means for prosecuting
con artists which currently does not exist.
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(7)
Penalties for fraud shall be increased. In
1998, the average jail time spent for fraud was
1.6 years. The Mafia was dismantled
by the justice department because of the
strengthening of penalties under the RICO
laws. Increasing the sentences for
racketeering crimes convinced many foot soldiers
that turning in their bosses was preferable to
spending several decades in prison for crimes that
once had brought just a few years jail time.
Many potential con artists would think twice
before using their persuasion skills to steal from
someone if the penalty was severe enough.
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(8)
It shall be an act of theft for a business
partner or domestic partner to abscond with
company or community property unless the
property is escrowed or stored and the location
of the property and location of the absconder is
provided to the other partners. This law
would be consistent with the precepts that make
it illegal for a spouse with joint custody of a
child to hide the child from the other
spouse.
In the case of property, the civil rights of the
aggrieved partner(s) have been violated as they
have no recourse to litigate the dispute that
prompted the dissolution. Under current
laws, the partner in possession of the property
is not committing a crime by disappearing with
all assets and withdrawing all funds from bank
accounts belonging to the business or
marriage.
While most business and marriage dissolutions
are settled in the courts, con artists know they
can take advantage of the large loophole in the
civil law that allows them to marry or go into
partnership with innocent victims for the sole
purpose of disappearing with the assets without
concern for criminal consequences.
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