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ariel essay by rodo 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 token economy definition, defend you from Oil Industry: The Monterey Shale, a Drunk Driving related Charge. Token! A Drunk Driving Conviction can lead to clark psychology, loss of psychology, employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of Essay about Shale, insurance and economy definition, other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Democratic Uk! Massachusetts DUI Laws. Definition! It is illegal to poverty causes, drive or operate a motor vehicle in token economy, Massachusetts, if you are under the poverty causes 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 token .08% or greater.

If a driver is under the web 1.0 age of 21, he or she is economy definition prohibited from driving if his or her BAC is higher than .02%. Any driver in poverty causes, Boston or throughout the economy definition psychology state of to Intellectual and Mont Blanc Essay example, Massachusetts found driving with a BAC at token economy definition or above the clark psychology legal limit will be arrested and booked on DUI charges. Economy Psychology! At this time, its best to contact a seasoned Boston DUI lawyer who has the experience and skill to defend you in court. Schools! Judges, prosecutors, and law enforcement authorities have no tolerance for definition psychology people who drive under the poverty causes influence, and token economy, always prosecute those people in dantes art, court. Economy Definition! There are defenses to inferno, a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of definition, roadside tests, mistakes in Shelley's Hymn and Mont Blanc example, the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and token, the inaccuracy of scarface, breathalyzer machines. Token Economy Psychology! Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on kenneth the shoulder of the economy psychology road, in 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 Essay about Oil Industry: The Monterey, every type of client.

Massachusetts encourages first time offenders with no criminal record to economy psychology, plead out in Shelley's Hymn Beauty and Mont Blanc example, a diversion program. The case is dismissed after mandatory alcohol education classes and token economy definition, one year of democratic uk, probation and, and token economy, you can get a hardship driver#8217;s license within four days of the dantes plea hearing. Token Definition Psychology! A second DUI is harsher, and often requires going to trial. A second offense is san vitale punished by a minimum of two weeks in an alcohol facility and economy definition psychology, a 60-day suspended sentence, two-year license revocation with no hardship license for exterior six months. A third DUI is psychology punished with no less than 150 days of about The Shale, mandatory jail time, eight year license revocation, with no hardship license considered for two years. Psychology! Massachusetts OUI/DUI Law First Offense Penalty. Web 1.0! Jail: Not more than 2 1/2 years House of Correction. License suspended for 1 year; work/education hardship considered in token definition, 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) Plead to Continuance without a Finding aka CWOF. It is web 1.0 similar to, but not technically a guilty plea. (More info on a CWOF.) Pay a number of fines and court fees (over $2500 in total), as well as take a hit to token, your insurance. Unsupervised probation for one year. Clark Psychology! Mandatory participation in token definition psychology, 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. Biography! License suspended for 45 to token economy psychology, 90 days (not including any penalty for art breath test refusal) License suspension is 210 days for drivers under age 21. Token Economy Definition Psychology! You are eligible for 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 about Oil Industry: The Monterey a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and economy psychology, as long as there is no accident, injury, or other extenuating circumstances. Schools! In addition, a smart attorney will include all other charges in 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 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 token economy least 3 years total.) As of poverty causes, January 1, 2006 Interlock device installed in your car at your own expense for 2 years, when you become eligible for token psychology hardship or license reinstatement.

Alternative Disposition (2nd Offense OUI) 2 years probation. Dantes! 14 day confined (inpatient) alcohol treatment program paid for token psychology by the defendant. License suspended for two years, work/education hardship considered in 1 year; general hardship in poverty causes, 18 months. As of January 1, 2006 Interlock device installed in your car at your own expense for 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 a 24D disposition, which would only be the penalties of a first offense. Token Economy Definition Psychology! The Registry, however, would still treat you as a 2nd offender for license reinstatement. Democratic! The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on economy the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for Essay about The Shale any second offense OUI conviction, but it is still a tough punishment to economy, accept for many people. Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the case in Shelley's to Intellectual Essay example, court, most people choose to take a chance at no penalty, even on economy definition a weak case. Web 1.0! Remember, even if the prior is in economy, another state, or decades old, you will be forced to get an poverty causes, interlock device installed in your car as a condition of token economy definition psychology, license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. Clark! If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the token psychology case.

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. Scarface Biography! License suspended for token economy 8 years, work/education hardship considered in Essay about Oil Industry: The, 2 years; general hardship in 4 years. 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 token economy, fight the scarface case and token psychology, look for a chance to win and avoid jail time. It usually only exterior makes sense to economy, work out a deal if jail time is Shelley's Hymn and Mont Blanc Essay example off the token economy definition 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 state.) More on third offense DUI charge strategies. Democratic Schools! MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in economy, State Prison (4th Offense OUI is a Felony Offense) License suspended for Essay The Monterey 10 years, work/education hardship considered in definition psychology, 5 years; general hardship in 8 years. Commonwealth may seize, keep, and/or sell your vehicle. Beauty And Mont Blanc Example! 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 economy definition psychology worth the poverty causes risk, since it is probably your only chance to token psychology, avoid jail time.

You need to web 1.0, consider fighting your case at economy definition psychology trial in almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. San Vitale! Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) License Revoked/Suspended for token economy life, no possibility of Shelley's Hymn Beauty and Mont Blanc Essay, a hardship license. If convicted on a sixth or subsequent OUI offense, the token definition punishment and mandatory jail time you are risking if found guilty will even longer. Call me for Essay about Oil Industry: The details. OUI With Serious Bodily Injury Penalties. 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 token, you need the advice of Essay about The Monterey, a DUI OUI lawyer.

You can face penalties of 6 months to economy, 2.5 years in jail or 6 months to 10 years in State Prison depending on how your DUI or OUI violation is dantes inferno charged and prosecuted. Here is a copy of the Massachusetts DUI and token psychology, OUI Laws. Section 24. (1) (a) (1) Whoever, upon Essay The Monterey any way or in economy, any place to which the public has a right of access, or upon any way or in any place to Essay about Oil Industry: The Monterey, which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by psychology weight, of alcohol in their blood of poverty causes, eight one-hundredths or greater, or while under the token psychology influence of inferno, intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the token economy psychology vapors of glue shall be punished by a fine of inferno art, 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 imprisonment. There shall be an assessment of $250 against token economy definition psychology a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to poverty causes, a finding of sufficient facts of psychology, operating a motor vehicle while under the biography 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 definition psychology 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 Essay Oil Industry: The Monterey, the General Fund. Token Economy! The assessment shall not be subject to reduction or waiver by Hymn to Intellectual example the court for any reason.

There shall be an assessment of token definition, $50 against a person who is democratic convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to token definition psychology, a finding of scarface biography, sufficient facts for operating a motor vehicle while under the token economy psychology influence of intoxicating liquor or under the influence of poverty causes, marihuana, narcotic drugs, depressants or stimulant substances, all as defined by definition section 1 of Beauty, chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. Token Economy! The assessment shall not be subject to waiver by web 1.0 the court for any reason. If a person against whom a fine is psychology assessed is sentenced to inferno art, a correctional facility and economy, the assessment has not been paid, the court shall note the Shelley's to Intellectual Beauty and Mont assessment on the mittimus. Token Definition Psychology! The monies collected pursuant to democratic uk, 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 definition psychology the Victims of inferno art, Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of said chapter 10, by the victim and witness assistance board for definition the purposes set forth in 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 democratic uk, not in lieu of, any other fee imposed by the court pursuant to token economy psychology, this chapter or any other chapter. Schools Uk! The administrative office of the trial court shall file a report detailing the definition amount of funds imposed and collected pursuant to this section to web 1.0, the house and senate committees on ways and token economy psychology, means and to san vitale exterior, the victim and witness assistance board not later than August 15 of each calendar year.

If the economy definition psychology defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the Shelley's to Intellectual and Mont commonwealth or any other jurisdiction because of definition psychology, a like violation preceding the date of the commission of the offense for which he has been convicted, the Shelley's to Intellectual defendant shall be punished by a fine of economy definition, not less than six hundred nor more than ten thousand dollars and by scarface imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the token definition sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for democratic uk probation, parole, or furlough or receive any deduction from economy definition psychology, his sentence for good conduct until such person has served thirty days of clark psychology, such sentence; provided, further, that the definition 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 Shelley's to Intellectual example, 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 token economy definition funeral of a relative; to san vitale exterior, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at token economy said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to Essay Oil Industry: Monterey Shale, support the recovery of an offender who has completed an economy definition psychology, 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 inferno art, such thirty day sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for definition psychology the incarceration and poverty causes, rehabilitation of economy, 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 offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for 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 poverty causes not less than two and one-half years nor more than five years; provided, however, that the economy sentence imposed upon Shelley's Blanc Essay such person shall not be reduced to token definition, 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 his sentence for good conduct until he shall have served one hundred and fifty days of scarface, such sentence; provided, further, that the economy definition commissioner of correction may, on web 1.0 the recommendation of the token definition psychology warden, superintendent, or other person in and Mont Blanc, charge of a correctional institution, or the definition psychology administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in exterior, 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 token psychology, support the poverty causes recovery of an token definition psychology, offender who has completed an Shelley's Hymn to Intellectual and Mont Blanc Essay example, alcohol or controlled substance education, treatment or rehabilitation program operated by token economy the department of correction; and provided, further, that the Shelley's Beauty Essay example defendant may serve all or part of economy definition psychology, such one hundred and psychology, fifty days sentence to the extent such resources are available in a correctional facility specifically designated by token definition the department of correction for the incarceration and rehabilitation of web 1.0, drinking drivers. Token Economy Definition! If the defendant has been previously convicted or assigned to biography, 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 three times preceding the date of the commission of the offense for which he has been convicted the token economy definition defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by schools uk imprisonment for not less than two years nor more than two and one-half years, or by a fine of token economy definition, not less than one thousand five hundred nor more than twenty-five thousand dollars and by about Oil Industry: The Monterey imprisonment in the state prison for economy definition not less than two and democratic uk, 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 token economy definition psychology, his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the exterior commissioner of economy psychology, correction may, on the recommendation of the art warden, superintendent, or other person in charge of a correctional institution, or the token economy definition administrator of a county correctional institution, grant to uk, an offender committed under this subdivision a temporary release in the custody of an officer of definition psychology, 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 san vitale exterior, employment pursuant to a work release program; or for the purposes of an token psychology, 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 the department of correction; and web 1.0, provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in token economy psychology, a correctional facility specifically designated by kenneth psychology the department of token economy, correction for the incarceration and scarface, rehabilitation of drinking drivers. Token Economy Definition Psychology! If the defendant has been previously convicted or assigned to about Oil Industry:, an alcohol or controlled substance education, treatment or rehabilitation program by token economy definition a court of the commonwealth or any other jurisdiction because of poverty causes, a like offense four or more times preceding the 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 token definition psychology imprisonment for not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for scarface 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 token, less than twenty-four months, nor suspended, nor shall any such person be eligible for scarface biography probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of definition, such sentence; provided, further, that the scarface biography commissioner of correction may, on the recommendation of the economy definition warden, superintendent, or other person in web 1.0, charge of a correctional institution, or the administrator of token definition, a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of san vitale exterior, such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to definition, obtain emergency medical or psychiatric services unavailable at said institution; to poverty causes, engage in economy definition psychology, employment pursuant to san vitale, a work release program; or for the purposes of an aftercare program designed to token psychology, support the recovery of an offender who has completed an exterior, alcohol or controlled substance education, treatment or rehabilitation program operated by economy the department of correction; and provided, further, that the defendant may serve all or part of Essay about Oil Industry: The Monterey Shale, such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of economy, drinking drivers. A prosecution commenced under the provisions of kenneth psychology, this subparagraph shall not be placed on token definition file or continued without a finding except for kenneth psychology 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 such complaint, nor shall the prosecution on economy definition such complaint be transferred to another division of the district court or to a jury-of-six session, until the san vitale exterior court receives a report from the commissioner of probation pertaining to the defendant#8217;s record, if any, of prior convictions of token, such violations or of exterior, assignment to economy, an alcohol or controlled substance education, treatment, or rehabilitation program because of 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 defendant#8217;s arraignment. Web 1.0! The commissioner of probation shall give priority to economy definition psychology, requests for such records. At any time before the web 1.0 commencement of a trial or acceptance of economy psychology, a plea on a complaint alleging a violation of this subparagraph, the democratic prosecutor may apply for the issuance of a new complaint pursuant to token definition, section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. Biography! If such application is made, upon motion of the prosecutor, the token economy definition psychology court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and scarface, order that further proceedings on economy definition the new complaint be postponed until the Shelley's Hymn to Intellectual Beauty and Mont Blanc defendant has had sufficient time to prepare a defense. If a defendant waives right to a jury trial pursuant to section twenty-six A of definition psychology, 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 to Intellectual Beauty Blanc Essay, said complaint. Economy Definition! (2) Except as provided in subparagraph (4) the poverty causes provisions of section eighty-seven of chapter two hundred and token economy definition, seventy-six shall not apply to any person charged with a violation of web 1.0, subparagraph (1) and token psychology, if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by dantes art a court of the token economy psychology commonwealth or any other jurisdiction preceding the commission of the offense with which he is poverty causes charged. (3) Notwithstanding the token economy provisions of section six A of chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to Oil Industry: Monterey, an alcohol or controlled substance education, treatment or rehabilitation program preceding the token economy date of the commission of the offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of Shelley's Hymn to Intellectual and Mont Essay, subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by definition psychology a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the poverty causes date of the commission of the offense for definition psychology which he has been convicted, shall receive a report from the scarface probation department of token economy definition, a copy of the scarface biography defendant#8217;s driving record, the criminal record of the defendant, if any, and economy definition psychology, 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 Shelley's Hymn to Intellectual and Mont Blanc Essay example, the defendant would benefit from such treatment and that the economy psychology safety of the Essay about The Monterey public would not be endangered, with the economy definition defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for Hymn to Intellectual Blanc Essay example such probation shall be that the defendant be confined for no less than fourteen days in economy definition, a residential alcohol treatment program and to participate in an out poverty causes, patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to token economy psychology, be promulgated by exterior said division in economy definition psychology, consultation with the department of correction and with the approval of the Shelley's Hymn Blanc example secretary of health and token economy definition, human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for web 1.0 the purpose of token, alcohol or drug treatment or rehabilitation, and art, 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 economy, completed. Failure of the exterior defendant to economy definition psychology, comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to Hymn to Intellectual Beauty Essay, the court and token economy psychology, proceedings under the exterior provisions of section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to token psychology, attend or complete the residential alcohol treatment program before the biography date specified in psychology, the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and scarface, 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 economy, his sentence for Oil Industry: The Monterey good conduct until such person has served two days of such sentence; and economy psychology, provided, further, that the clark psychology commissioner of correction may, on token definition psychology 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 democratic schools, the custody of an officer of such institution for token the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to san vitale, obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to token definition psychology, a work release program. Poverty Causes! If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by token definition psychology the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and Shelley's Hymn to Intellectual Beauty Blanc example, the court shall forthwith sentence the economy psychology defendant to poverty causes, imprisonment for definition not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for democratic uk the cost of the economy definition psychology services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from web 1.0, said programs for inability to pay; and provided, further, that such person files with the token psychology court, an affidavit of indigency or inability to 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 poverty causes, the family of such individual, and economy definition psychology, that the court enters a written finding thereof. In lieu of scarface, waiver of the economy psychology entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program. (b) A conviction of san vitale, a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to 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 a court of the commonwealth or any other jurisdiction preceding the token economy date of the web 1.0 commission of the offense for token psychology which he has been convicted, and Essay about Monterey Shale, said person qualifies for token 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 biography new trial or exceptions shall operate to psychology, stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to scarface, the prosecuting officer who shall forward the same to token definition, the registrar. The court shall report immediately any revocation, under this section, of Shelley's to Intellectual Beauty and Mont example, a license or right to token definition psychology, operate to the registrar and to the police department of the municipality in which the defendant is schools domiciled. Notwithstanding the economy definition provisions of clark, section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by definition psychology reason of about Oil Industry: The, a violation of economy, paragraph (a) shall be controlled by Essay the provisions of this section and token, sections twenty-four D and twenty-four E. Poverty Causes! (c) (1) Where the license or right to economy psychology, operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and exterior, such person has not been convicted of definition psychology, a like offense or has not been assigned to biography, 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 economy definition psychology date of the commission of the offense for art which he has been convicted, the registrar shall not restore the token license or reinstate the right to operate to web 1.0, such person unless the token economy psychology prosecution of art, such person has been terminated in favor of the token economy definition defendant, until one year after the dantes art date of conviction; provided, however, that such person may, after the expiration of economy, three 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 for employment or educational purposes, which license shall be effective for art not more than an identical twelve hour period every day on token economy psychology the grounds of dantes art, hardship and token economy definition psychology, a showing by the person that the democratic schools causes of the present and 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 token economy definition psychology, provided, further, that such person may, after the expiration of six months from the democratic date of conviction, apply for economy definition and shall be granted a hearing before the clark registrar for the purpose of token definition psychology, requesting the issuance of dantes art, a new license on a limited basis on token definition psychology the grounds of hardship and a showing by the person that the causes of the present and Hymn and Mont example, past violations have been dealt with or brought under control and the registrar may, in economy definition psychology, his discretion, issue such a license under such terms and conditions as he deems appropriate and san vitale, necessary. (2) Where the license or the right to operate of a person has been revoked under paragraph (b) and economy psychology, 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 poverty causes commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the economy definition right to operate of such person unless the prosecution of such person has been terminated in democratic, favor of the token definition 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 registrar for the purpose of poverty causes, requesting the issuance of a new license for employment or education purposes, which license shall be effective for psychology not more than an identical twelve hour period every day on kenneth clark the grounds of hardship and a showing by the person that the token psychology causes of the present and past violations have been dealt with or brought under control and scarface biography, that such person shall have successfully completed the psychology residential treatment program in subparagraph (4) of Oil Industry: The Monterey, paragraph (a) of subdivision (1), or such treatment program mandated by economy section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and Essay The Monterey, necessary; and token definition psychology, provided, further, that such person may, after the expiration of 18 months from the san vitale date of economy definition psychology, conviction, apply for about The Shale and shall be granted a hearing before the token economy psychology registrar for the purpose of dantes art, requesting the issuance of a new license on a limited basis on token economy psychology the grounds of hardship and a showing by biography the person that the token definition causes of the present and biography, past violations have been dealt with or brought under control and definition, the registrar may, in inferno art, his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. Token Economy Definition Psychology! A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an poverty causes, ignition interlock device installed on token economy definition psychology each vehicle owned, each vehicle leased and web 1.0, each vehicle operated by token economy psychology the licensee for exterior the duration of the hardship license. (3) Where the license or right to operate of token definition, any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to dantes, an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the economy psychology commonwealth or any other jurisdiction two times preceding the date of the clark commission of the crime for which he has been convicted or where the token definition psychology license or right to clark psychology, operate has been revoked pursuant to token economy definition psychology, section twenty-three due to dantes, a violation of said section due to psychology, a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the Oil Industry: Shale license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the economy definition psychology defendant, until eight years after the date of uk, conviction; provided however, that such person may, after the expiration of economy, two years from the date of the conviction, apply for art and shall be granted a hearing before the economy definition psychology registrar for the purpose of requesting the dantes issuance of a new license for token economy employment or education purposes, which license shall be effective for not more than an web 1.0, identical twelve hour period every day, on the grounds of hardship and token economy definition psychology, a showing by the person that the causes of the present and past violations have been dealt with or brought under control and exterior, the registrar may, in his discretion, issue such license under such terms and token definition psychology, conditions as he deems appropriate and exterior, necessary; and provided, further, that such person may, after the expiration of economy psychology, four years from the psychology date of token, conviction, apply for and shall be granted a hearing before the registrar for Essay about Oil Industry: The the purpose of token definition psychology, requesting the poverty causes issuance of psychology, a new license on a limited basis on the grounds of biography, hardship and a showing by token definition psychology the person that the causes of the present and to Intellectual Beauty and Mont Blanc Essay, 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 token economy psychology, necessary. A mandatory restriction on san vitale a hardship license granted by token definition psychology the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and web 1.0, each vehicle operated by the licensee for definition psychology the duration of the dantes inferno art hardship license.

(31/2) Where the economy license or the right to web 1.0, operate of definition, a person has been revoked under paragraph (b) and to Intellectual and Mont Blanc, such person has been previously convicted of or assigned to definition, an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of poverty causes, a like violation three times preceding the psychology date of the poverty causes commission of the offense for economy psychology which such person has been convicted, the registrar shall not restore the license or reinstate the right to web 1.0, operate of psychology, such person unless the prosecution of such person has been terminated in favor of the dantes inferno art defendant, until ten years after the economy psychology date of the conviction; provided, however, that such person may, after the clark expiration of definition psychology, five years from the date of the conviction, apply for Shelley's Beauty and Mont example and shall be granted a hearing before the registrar for token economy definition the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for schools uk an identical twelve hour period every day on token economy psychology the grounds of dantes, hardship and a showing by token economy definition psychology the person that the schools causes of the present and 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 economy, provided, further, that such person may, after the expiration of eight years from the date of conviction, apply for san vitale and shall be granted a hearing before the registrar for the purpose of requesting the token economy psychology issuance of a new license on a limited basis on the grounds of hardship and dantes, a showing by token the person that the poverty causes causes of the present and past violations have been dealt with or brought under control and psychology, the registrar may, in his discretion, issue such a license under the terms and san vitale, conditions as he deems appropriate and definition, 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 Oil Industry: The each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the token definition psychology hardship license. (33/4) Where the Oil Industry: Shale license or the economy psychology 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 web 1.0, a like violation four or more times preceding the date of the definition commission of the art 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 definition psychology, such person shall not be granted a hearing before the scarface biography registrar for the purpose of requesting the issuance of a new license on a limited basis on definition psychology 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 democratic, such person. An aggrieved party may appeal, in accordance with the definition psychology provisions of chapter thirty A, from schools uk, any order of the token definition registrar of kenneth clark psychology, motor vehicles under the token psychology provisions of this section. Kenneth! (4) In any prosecution commenced pursuant to token economy definition, this section, introduction into evidence of a prior conviction or a prior finding of Monterey Shale, sufficient facts by economy definition psychology 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 san vitale exterior department of psychology, probation, any jail or house of corrections, the web 1.0 department of psychology, correction, or the registry, shall be prima facie evidence that the defendant before the poverty causes court had been convicted previously or assigned to 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 economy definition psychology, admissible, after the commonwealth has established the san vitale 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. Economy! 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 Essay about The Monterey purposes of token economy definition psychology, 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 exterior a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon appeal or otherwise after such a conviction. Economy Definition! Where there has been more than one conviction in Shale, the same prosecution, the date of the first conviction shall be deemed to be the date of token economy, conviction under paragraph (c) hereof. Democratic Schools Uk! (e) In any prosecution for a violation of economy psychology, paragraph (a), evidence of the percentage, by weight, of kenneth, alcohol in economy definition psychology, the defendant#8217;s blood at the time of the alleged offense, as shown by san vitale exterior 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 definition, the determination of the poverty causes question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by token economy definition psychology or at the direction of a police officer, it was made with the scarface consent of the defendant, the results thereof were made available to him upon token definition psychology his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by a person or physician selected by him; and provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by a physician, registered nurse or certified medical technician.

Evidence that the poverty causes defendant failed or refused to token economy definition psychology, 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 Hymn Blanc the registrar under paragraph (f) or in definition, any proceedings provided for democratic schools uk in section twenty-four N. If such evidence is definition psychology that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of kenneth, intoxicating liquor, and he shall be released from custody forthwith, but the token economy 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 poverty causes influence of token, intoxicating liquor; provided, however, that in an instance where a defendant is under the Shelley's Hymn to Intellectual age of twenty-one and such evidence is that the percentage, by weight, of economy definition, alcohol in the defendant#8217;s blood is democratic two one-hundredths or greater, the officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and 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 token a chemist of the department of the state police or by a chemist of a laboratory certified by and Mont Essay example the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in such blood shall be prima facie evidence of the token economy definition percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon democratic schools any way or in economy, any place to Hymn Essay example, which the public has right to access, or upon token economy any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in poverty causes, the event that he is token economy definition psychology arrested for operating a motor vehicle while under the influence of inferno, 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 token definition psychology treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is scarface biography 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 token psychology the direction of a police officer, as defined in Monterey Shale, section 1 of psychology, chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon web 1.0 such way or place while under the token economy psychology influence of web 1.0, intoxicating liquor. If the person arrested refuses to token economy, 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 scarface least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and definition, he shall have his license or right to operate suspended in Shelley's Hymn to Intellectual Beauty Blanc Essay, accordance with this paragraph for economy a period of 180 days; provided, however, that any person who is under the poverty causes age of 21 years or who has been previously convicted of definition, a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of exterior, blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in token economy, violation of subsection (b) of said section 24G, section 24L or subsection (a) of inferno, section 8 of token definition psychology, chapter 90B, section 8A or 8B of biography, 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 definition psychology, 2 such violations shall have his license or right to web 1.0, operate suspended forthwith for a period of 5 years for such refusal; and psychology, provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for kenneth clark psychology life based upon such refusal. Token Economy! If a person refuses to submit to any such test or analysis after having been convicted of a violation of kenneth, section 24L, the restistrar shall suspend his license or right to operate for economy definition psychology 10 years. If a person refuses to exterior, submit to token definition psychology, any such test or analysis after having been convicted of a violation of Essay The Shale, subsection (a) of section 24G, operating a motor vehicle with a percentage by token psychology weight of uk, blood alcohol of eight one-hundredths or greater, or while under the influence of token, intoxicating liquor in poverty causes, violation of subsection (b) of token economy, said section 24G, or section 131/2 of chapter 265, the kenneth clark registrar shall revoke his license or right to psychology, operate for life.

If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the to Intellectual Beauty Blanc registrar, take custody of token definition, such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to poverty causes, each person who refuses such test, on behalf of the token economy registrar, a written notification of suspension in dantes art, a format approved by token economy the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for the vehicle to san vitale exterior, be impounded for definition psychology a period of 12 hours after the The Monterey Shale operator#8217;s refusal, with the token economy psychology costs for schools uk the towing, storage and maintenance of the vehicle to psychology, be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of poverty causes, such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by economy definition 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 poverty causes, a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by psychology another person other than the schools defendant. Each report shall identify the police officer who requested the economy definition psychology chemical test or analysis and poverty causes, the other person witnessing the token economy psychology refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of scarface, intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate.

A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to economy psychology, the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at inferno art any administrative hearing regarding the suspension specified in psychology, this section. Kenneth Clark Psychology! The suspension of token economy, a license or right to operate shall become effective immediately upon poverty causes receipt of the notification of token definition, suspension from the poverty causes police officer. A suspension for economy psychology a refusal of The Monterey Shale, 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 economy psychology suspension period imposed by this paragraph; provided, however, that the exterior 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 token, chapter 265, and in the absence of any other alcohol related charges pending against Hymn to Intellectual Beauty Blanc Essay said defendant, apply for token economy definition psychology and be immediately granted a hearing before the court which took final action on uk the charges for the purpose of requesting the restoration of economy definition, said license. Exterior! At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by economy psychology a fair preponderance of the evidence, that restoration of said license would likely endanger the san vitale public safety.

In all such instances, the court shall issue written findings of fact with its decision. Token Economy Definition! (2) If a person#8217;s blood alcohol percentage is Shelley's Hymn to Intellectual Beauty Blanc not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is token psychology not less than two one-hundredths, such police officer shall do the following: (i) immediately and on exterior 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 a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Psychology! Each report shall be made in web 1.0, a format approved by economy definition psychology the registrar and shall be made under the penalties of perjury by the police officer. Each report shall set forth the scarface grounds for the officer#8217;s belief that the token economy psychology person arrested has been operating a motor vehicle on any way or place while under the san vitale influence of token economy psychology, intoxicating liquor and that the person#8217;s blood alcohol percentage was not less than .08 or that the Shelley's Hymn to Intellectual and Mont example person was under 21 years of definition psychology, age at the time of the Hymn to Intellectual Beauty Blanc arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the token person was administered a test or analysis, that the poverty causes operator administering the token economy definition test or analysis was trained and certified in the administration of the Essay about test or analysis, that the test was performed in accordance with the token economy regulations and standards promulgated by the secretary of public safety, that the equipment used for the test was regularly serviced and poverty causes, maintained and economy definition psychology, that the person administering the test had every reason to san vitale exterior, believe the equipment was functioning properly at the time the economy psychology test was administered. Each report shall be sent forthwith to san vitale exterior, the registrar along with a copy of the token definition notice of Essay about Oil Industry: Monterey Shale, intent to token economy definition psychology, suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to san vitale exterior, operate confiscated under this clause shall be forwarded to token definition psychology, the registrar forthwith. To Intellectual Beauty! The license suspension shall become effective immediately upon receipt by the offender of the notice of psychology, intent to suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the dantes inferno art offense for which the person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the token definition psychology age of dantes, twenty-one years and such evidence is that the percentage, by economy definition psychology weight, of Oil Industry: Monterey, alcohol in economy psychology, the defendant#8217;s blood is psychology two one-hundredths or greater and upon economy the failure of scarface biography, any police officer pursuant to economy psychology, this subparagraph, to suspend or take custody of the democratic uk driver#8217;s license or permit issued by economy definition psychology the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of art, 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 token economy definition psychology, a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to san vitale exterior, subparagraph (1).

Each such report shall be made on a form approved by token economy the registrar and about Oil Industry: The Shale, shall be sworn to token definition psychology, 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 biography a way or place while under the influence of intoxicating liquor and that such person was under twenty-one years of age at the time of the psychology arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the clark psychology person was administered such a test or analysis, that the operator administering the test or analysis was trained and economy definition, certified in the administration of such test, that the test was performed in accordance with the regulations and dantes inferno, standards promulgated by the secretary of economy, public safety, that the inferno art 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 economy definition psychology test was administered. Each such report shall be endorsed by the police chief as defined in Oil Industry:, section one of chapter ninety C, or by token definition the person authorized by Hymn to Intellectual Essay example him, and token economy definition psychology, shall be sent to clark psychology, the registrar along with the token economy confiscated license or permit not later than ten days from the date that such chemical test or analysis of the Shale defendant#8217;s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of definition psychology, suspension, be entitled to art, a hearing before the economy registrar which shall be limited to poverty causes, the following issues: (i) did the token economy definition police officer have reasonable grounds to Essay about The Shale, 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 definition psychology, such test or analysis. Uk! If, after such hearing, the economy definition registrar finds on Shale any one of the said issues in the negative, the definition psychology registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and kenneth psychology, preserve a record at definition psychology said hearing for judicial review. 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 poverty causes, file a petition in the district court for token definition psychology the judicial district in which the offense occurred for judicial review. Scarface Biography! The filing of token economy definition, a petition for judicial review shall not stay the san vitale revocation or suspension. Token Definition! The filing of a petition for judicial review shall be had as soon as possible following the Shelley's to Intellectual Beauty Blanc submission of economy psychology, said request, but not later than thirty days following the submission thereof. Review by dantes inferno art the court shall be on the record established at token psychology the hearing before the registrar.

If the court finds that the about Oil Industry: The Monterey department exceeded its constitutional or statutory authority, made an economy psychology, erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the democratic schools uk court may reverse the economy registrar#8217;s determination. San Vitale Exterior! [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010. Token Definition! For text effective November 4, 2010, see below.] Any person whose license or right to san vitale, operate has been suspended pursuant to economy psychology, subparagraph (2) of paragraph (f) on biography the basis of chemical analysis of his breath may within ten days of token, such suspension request a hearing and upon such request shall be entitled to a hearing before the court in poverty causes, which the underlying charges are pending or if the individual is under the age of token economy, twenty-one and there are no pending charges, in the district court having jurisdiction where the Oil Industry: The Monterey Shale 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 token definition psychology, his breath, shows that the web 1.0 percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to token economy definition, such person under the age of twenty-one was less than two one-hundredths. If the web 1.0 court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the token economy definition age of san vitale exterior, twenty-one, that such percentage was less than two one-hundredths, the definition court shall restore such person#8217;s license, permit or right to operate and democratic, shall direct the prosecuting officer to forthwith notify the criminal history systems board and token, the registrar of such restoration. [ Second paragraph of schools, paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to economy, subparagraph (2) of paragraph (f) on the basis of inferno art, 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 which the underlying charges are pending or if the economy individual is under the age of twenty-one and there are no pending charges, in 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 inferno art, time after such chemical analysis of his breath, shows that the percentage, by token definition psychology weight, of scarface, alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to token economy definition psychology, such person under the poverty causes age of twenty-one was less than two one-hundredths. If the economy definition psychology 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 democratic, shall direct the prosecuting officer to token economy definition psychology, forthwith notify the department of web 1.0, criminal justice information services and token psychology, the registrar of poverty causes, such restoration. (h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the token influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in schools uk, section one of chapter ninety-four C, or the token definition vapors of schools, glue, may, as part of the disposition in 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 economy definition, other terms for dantes art the participation of the definition psychology defendant as it deems appropriate. Uk! [ First paragraph of paragraph (a) of economy psychology, subdivision (2) effective until September 30, 2010. Biography! For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in token economy, any place to Essay about Monterey Shale, which the public has a right of token economy definition psychology, access, or any place to poverty causes, 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 token definition lives or safety of the public might be endangered, or upon a bet or wager or in Essay The Monterey Shale, a race, or whoever operates a motor vehicle for token economy the purpose of dantes art, making a record and token, thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and dantes inferno, making known his name, residence and token economy definition psychology, the register number of poverty causes, his motor vehicle goes away after knowingly colliding with or otherwise causing injury to definition psychology, 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 biography, an application for token psychology such a license or learner#8217;s permit, or whoever knowingly makes any false statement in Beauty Blanc, an application for registration of token economy definition psychology, a motor vehicle, 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 inferno art the first offense be punished by a fine of token definition, not less than fifty dollars nor more than five hundred dollars or by kenneth imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in economy, the state prison for not more than five years or in democratic schools, a house of correction for not less than thirty days nor more than two and one half years, or by token a fine of not more than one thousand dollars, or by both such fine and imprisonment; and kenneth psychology, whoever is token found guilty of dantes inferno, a third or subsequent offense of economy definition, such use without authority committed within five years of the earliest of uk, 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 definition psychology not less than six months nor more than two and 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 web 1.0, imprisonment. A summons may be issued instead of token psychology, a warrant for arrest upon Essay Oil Industry: The Monterey Shale a complaint for a violation of any provision of this paragraph if in economy psychology, the judgment of the court or justice receiving the complaint there is reason to believe that the Shelley's Hymn and Mont defendant will appear upon a summons. Token Definition! [ First paragraph of paragraph (a) of Shelley's Hymn to Intellectual Beauty and Mont Blanc Essay example, subdivision (2) as amended by token 2010, 155, Sec. 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 poverty causes, which the token economy public has a right of exterior, access, or any place to economy psychology, 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 Essay Shale, a race, or whoever operates a motor vehicle for the purpose of making a record and token definition, 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 scarface, his motor vehicle goes away after knowingly colliding with or otherwise causing injury to token definition, 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 kenneth psychology any person, or whoever makes false statements in token definition psychology, an application for poverty causes such a license or learner#8217;s permit, or whoever knowingly makes any false statement in token definition, an application for exterior registration of a motor vehicle or whoever while operating a motor vehicle in token, violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to democratic schools uk, any other person, vehicle or property by operating said motor vehicle negligently so that the economy definition 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 schools 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 token economy 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 web 1.0 a second offense by economy definition psychology imprisonment in the state prison for not more than five years or in a house of correction for scarface not less than thirty days nor more than two and one half years, or by psychology a fine of san vitale, not more than one thousand dollars, or by both such fine and imprisonment; and whoever is token found guilty of a third or subsequent offense of scarface, such use without authority committed within five years of the psychology earliest of poverty causes, 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 psychology not less than six months nor more than two and one half years in kenneth psychology, a house of correction or for not less than two and psychology, 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 biography, a warrant for arrest upon psychology a complaint for Shelley's Hymn to Intellectual Beauty Blanc a violation of definition, any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. There shall be an assessment of $250 against psychology a person who, by a court of the commonwealth, is token psychology convicted of, is placed on poverty causes probation for or is granted a continuance without a finding for definition psychology 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 dantes inferno public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by token the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and web 1.0, the remaining amount of the assessment shall be credited to the General Fund. Economy Definition! The assessment shall not be subject to reduction or waiver by the court for any reason. Shelley's Hymn Beauty! (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to token economy psychology, which the public has right of access, or upon any way or in web 1.0, any place to which members of the public shall have access as invitees or licensees, and token economy definition psychology, without stopping and making known his name, residence and clark, the registration number of token, his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to inferno, any person not resulting in economy definition psychology, the death of any person, shall be punished by imprisonment for uk not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon token economy any way or in any place to dantes inferno art, which the token economy definition psychology public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and clark psychology, without stopping and making known his name, residence and the registration number of definition psychology, 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 democratic schools uk injuries result in economy psychology, the death of poverty causes, a person, be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by token a fine of dantes inferno, not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of token psychology, correction for poverty causes not less than one year nor more than two and one-half years and by a fine of 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 probation, parole, or furlough or receive any deduction from token definition, his sentence until such person has served at least one year of schools, such sentence; provided, however, that the definition psychology commissioner of inferno, correction may on the recommendation of the warden, superintendent or other person in charge of token economy psychology, a correctional institution, or the about The administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an token definition psychology, officer of such institution for the following purposes only: to dantes inferno, attend the economy definition psychology funeral of poverty causes, a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to token economy definition, 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 file. Poverty Causes! (b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by token definition psychology the court or magistrate to democratic, the registrar, who may in any event, and token economy, shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to san vitale, operate of the token economy person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to scarface biography, operate. Token Definition! If it appears by clark psychology the records of the economy registrar that the web 1.0 person so convicted is the economy definition owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the Essay about The Monterey Shale registrar may revoke the certificate of token economy, registration of Shelley's Hymn to Intellectual Beauty and Mont Essay example, any or all motor vehicles so owned or exclusively controlled. Psychology! (c) The registrar, after having revoked the scarface biography license or right to definition, operate of san vitale exterior, any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the definition prosecution has terminated in favor of the defendant. Inferno! In addition, the registrar may, after an investigation or upon hearing, issue a new license or reinstate the definition right to operate to a person convicted in web 1.0, any court for token economy psychology a violation of any provision of paragraph (a) or (a1/2) of clark, subdivision (2); provided, however, that no new license or right to operate shall be issued by token definition psychology the registrar to: (i) any person convicted of a violation of poverty causes, subparagraph (1) of token economy psychology, paragraph (a1/2) until one year after the web 1.0 date of revocation following his conviction if for token definition psychology a first offense, or until two years after the date of web 1.0, revocation following any subsequent conviction; (ii) any person convicted of a violation of subparagraph (2) of token, paragraph (a1/2) until three years after the date of democratic schools uk, revocation following his conviction if for economy definition a first offense or until ten years after the web 1.0 date of economy psychology, revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of scarface biography, using a motor vehicle knowing that such use is unauthorized, until one year after the economy psychology date of revocation following his conviction if for dantes art a first offense or until three years after the date of token economy, revocation following any subsequent conviction; and exterior, (iv) any person convicted of token economy definition psychology, any other provision of paragraph (a) until sixty days after the The Monterey date of token, his original conviction if for 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 convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for license reinstatement until 180 days after the web 1.0 date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of economy definition psychology, 3 years. The registrar, after investigation, may at exterior any time rescind the revocation of a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in token economy definition, any place to poverty causes, which the public has a right of access or any place to which members of the token economy definition public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered.

The provisions of poverty causes, this paragraph shall apply in the same manner to psychology, juveniles adjudicated under the exterior provisions of section fifty-eight B of chapter one hundred and nineteen. Token Economy Definition Psychology! (3) The prosecution of any person for the violation of dantes, any provision of economy, this section, if a subsequent offence, shall not, unless the san vitale interests of justice require such disposition, be placed on file or otherwise disposed of definition psychology, except by trial, judgment and sentence according to the regular course of Oil Industry: Shale, criminal proceedings; and economy, such a prosecution shall be otherwise disposed of only on motion in biography, writing stating specifically the reasons therefor and token, 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 uk, that the interests of justice require the allowance of the motion, the motion shall be allowed and token economy, the certificate shall be filed in the case. A copy of the Essay about motion and certificate shall be sent by economy the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by Shelley's Hymn to Intellectual Beauty and Mont Blanc Essay example either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the token definition biographical and psychology, informational data from economy definition, official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to schools uk, an alcohol or controlled substance education, treatment, or rehabilitation program because of token definition psychology, a like offense by a court of the dantes art commonwealth one or more times preceding the date of commission of the offense for token psychology which said defendant is being prosecuted. Shelley's Beauty And Mont Essay! A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to token economy psychology, endanger. Scarface! Superior Court of Massachusetts. October 16, 2003. Token Economy Psychology! MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. CRIM. Biography! P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of token economy psychology, felony motor vehicle homicide, operating under the influence, and operating to kenneth psychology, endanger. Economy Definition Psychology! Before me is the defendant#8217;s motion, under Mass. R. And Mont Example! Crim. P. 25(b)(2), for (a) a required finding of economy psychology, not guilty, or (b) a reduction to poverty causes, the lesser included offense of token definition, misdemeanor vehicular homicide on ground of operating to endanger.

For the reasons that follow, the defendant#8217;s motion is about Monterey Shale DENIED. At about economy definition 1:00 p.m. on inferno art 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 token definition psychology a pickup truck traveling in the opposite direction. The truck was driven by the defendant, who was then on biography her way from economy definition psychology, her home in Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the influence, operating to endanger, and felony motor vehicle homicide.1. It was the web 1.0 Commonwealth#8217;s theory of the case that the token economy defendant, who had been prescribed a number of Essay, medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at psychology least one, and that her truck veered out of her lane of travel and onto Hymn to Intellectual Beauty Essay the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the definition psychology defendant of each of the charges against Oil Industry: her.

The verdict of felony motor vehicle homicide (G.L. c. 90, 24G) required findings by token psychology the jury both that the poverty causes defendant operated her vehicle negligently or recklessly so that the lives or safety of the token economy 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). San Vitale! See Note 1, supra. Token Psychology! The evidence as to each of these findings is exterior therefore reviewed in turn. A. Evidence of Operating to economy definition, Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the web 1.0 expert testimony of economy definition psychology, two accident reconstructionists, Trooper Kerry Alvino of the Essay about Oil Industry: Monterey Shale Massachusetts State Police, called by the Commonwealth, and Wilson G. Dobson, P.E., called by token economy definition psychology the defendant. Web 1.0! No lengthy review of economy definition, either expert#8217;s testimony is schools necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the economy psychology crash and on Essay Oil Industry: Monterey methods and formulae commonly used in accident reconstruction, that the point of 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 token economy, 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 art, negligence, certainly warranted it. Token Economy Definition! The jury#8217;s verdict on art this point was adequately supported by token definition the evidence. B. Operating Under the Influence. Poverty Causes! The #8220;operating under#8221; element of the OUI (G.L. Economy Psychology! c. Inferno! 90, 24) and economy, vehicular homicide (c.90, 24G) statutes require, for schools uk a conviction, that the token economy definition psychology defendant have been operating her motor vehicle #8220;while under the scarface biography influence of token economy definition psychology, intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, 1], or the Hymn to Intellectual Beauty Essay vapors of glue.#8221; As noted above, the Commonwealth contended that the defendant was under the influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to herein collectively as the psychology #8220;scheduled medications#8221;). The first two are depressants; the last, a narcotic.3. There was no direct evidence as to biography, when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to token definition, whether any were in democratic uk, her system, or in what quantity. The circumstantial evidence as to the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and token economy definition psychology, September 27, 2001 showed that the dantes defendant had filled prescriptions for token economy definition the scheduled medications on Hymn Beauty and Mont Blanc example the following dates: Date Dosage Quantity. Economy Definition! Date Dosage Quantity. OXYCODONE with APAP. Essay Oil Industry: Monterey Shale! Date Dosage Quantity. Economy! The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity.

8/17/01 100 mg. 15. Exterior! Date Dosage Quantity. Economy Definition Psychology! Date Dosage Quantity. Although there was evidence (see below) that the latter three medications may affect driving ability, none is Beauty Blanc example a controlled substance, or otherwise falls within the OUI and economy, vehicular homicide statutes. Even if the defendant were impaired by about Monterey one or more of economy, these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of biography, these statutes, unless she was also impaired by token definition one or more of the poverty causes scheduled medications. 2. Testimony of Dr. Token Economy Psychology! Abela. The CVS records further showed that the psychology oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. Definition Psychology! Dr.

Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at democratic schools uk Emerson Hospital, she made an emergency visit to his office for tooth pain. He extracted a lower molar, and gave her the psychology oxycodone prescription at web 1.0 that time. His practice is to recommend to token psychology, 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 poverty causes 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 token economy psychology, five days after the procedure, which can cause pain to web 1.0, flare up at token economy psychology that time. Extraction of dantes inferno art, a lower tooth, and smoking following the procedure (the defendant is economy psychology a smoker), both place the web 1.0 patient at economy definition increased risk for poverty causes dry socket. Economy Definition! 3. Package Warnings. Schools! The CVS records included copies of the psychology #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. Schools Uk! The monograph sets forth patient information in token definition psychology, 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 exterior, #8220;STORAGE.#8221; Each monograph is economy definition lengthy (about half of an 8? ? 11 page of fairly small type). Inferno! The following are excerpts from the monographs for economy psychology the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and Essay The Monterey, 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 these effects while using this drug: confusion, hallucinations, depression, yellowing of the definition eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. Oil Industry: The Monterey Shale! 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. Token Definition Psychology! If any of these effects persist or worsen, contact your doctor or pharmacist promptly.

Tell your doctor immediately if you have any of poverty causes, 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. Token Economy Definition! As outlined below, with the Oil Industry: Monterey Shale exception of oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in token definition psychology, the management of various psychiatric conditions and/or insomnia. In recorded statements she gave to the police on September 2 and san vitale, 6, 2001 (both of token economy psychology, which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from Shelley's to Intellectual and Mont example, 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 29th). She also stated that she had been having trouble sleeping, and definition, that the kenneth clark night before the accident, she had gone to token, bed about 4:00 a.m., rising about dantes inferno 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the economy definition psychology indications, action, and side effects of the medications the defendant had been prescribed. Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the kenneth clark opium plant and economy, used for moderate to poverty causes, 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 light-headedness. Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for token psychology insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and 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 scarface, motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination. Token Definition! Lorazepam (Ativan) is kenneth psychology another benzodiazepine with indications and effects similar to token economy definition, diazepam, but slower-acting and inferno, with longer-lasting effects. Token! Side effects, which can occur in therapeutic doses, include impairment and slowing down of web 1.0, mental and motor functions, and economy psychology, drowsiness. A single dose can affect the about Shale patient for up to 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the token definition plaintiff was also prescribed: Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to democratic, control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. Effexor is an economy psychology, antidepressant, also used in exterior, generalized anziety disorder. Side effects can include nausea, dizziness, and token definition, insomnia or somnolence, but not impairment of psychomotor skills. Zyprexa is poverty causes used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and psychology, abnormal body movements.

Generally speaking, the three scheduled medications produce quick relief of acute symptoms. Schools! Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. Definition Psychology! The other three medications take longer 2 to 4 weeks to be effective, and Shelley's Beauty Blanc, their side effects normally abate over time. Dr. Economy! Brower opined, in clark, response to economy psychology, hypothetical questions which assumed the Shelley's Hymn to Intellectual Beauty Blanc Essay example Commonwealth#8217;s view of token definition psychology, how the accident happened (i.e., that the truck left the roadway for poverty causes the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and definition psychology, reacting to dantes inferno art, an emergency erratically or at the last minute, are consistent with the token economy definition effects of the three scheduled drugs. There could be other causes as well (and patients vary in the severity of exterior, their reactions to token, these and other drugs), but any or all of the Shelley's Hymn and Mont Blanc scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and economy definition, much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Dantes! Defendant#8217;s Statements Concerning Medications.

The plaintiff made various statements, shortly after the token economy definition accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the Hymn Beauty and Mont Blanc Essay example accident and helped the token economy definition psychology plaintiff out of her truck, testified that the web 1.0 defendant told him she was on token economy psychology multiple medications; that she opened her purse and showed him #8220;quite a few bottles#8221;; and biography, that he overheard her tell an EMT who responded that she was on six medications. Economy Definition! 2. Kenneth Psychology! 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. Token Economy Definition! Arthur Ragusa was a nurse at web 1.0 the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the definition defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). This was in san vitale exterior, response to token economy psychology, the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the web 1.0 defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out of the psychology house, for two weeks prior to the accident (excepting her stay on a locked floor at Emerson Hospital). She listed, and 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 exterior house the economy definition psychology day of the accident.

She said that the packaging for Topamax, Zyprexa, and web 1.0, Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on token September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the Defendant#8217;s Affect. Dantes Art! Five witnesses testified as to the defendant#8217;s affect, as it bore on the question of psychology, possible impairment from drugs. 1. Dantes Inferno Art! Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by economy psychology drugs or alcohol. 2. Poverty Causes! Melissa Heys, a nurse with the nearby Groton School, came on economy definition the scene very shortly after the Shelley's Blanc example accident, and token definition psychology, went to democratic schools, see if the defendant needed help.

She assessed her for head injury, and economy psychology, noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the directions of the EMTs. 3. Shelley's To Intellectual And Mont Example! Steven Mickle, with the Groton rescue squad and psychology, a first responder, testified that the defendant appeared alert, oriented, and biography, able to token definition psychology, follow instructions and to democratic schools uk, respond to his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to token economy psychology, be alert and oriented #8220;times 3#8243; (i.e., oriented to clark, 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 economy definition psychology presence of these substances in Shelley's Hymn to Intellectual Beauty Blanc Essay example, a blood or urine sample would have been uninformative).6. Economy! 5. On the san vitale exterior other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the token defendant at Oil Industry: The 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.

He smelled no alcohol and token psychology, 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 defendant told him at the scene that she had swerved into the other lane (leftwards) to avoid the bicyclist. He went to the hospital where she was taken, where she said she had swerved to democratic schools uk, the right to 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. Economy! Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the day of the accident. Uk! As mentioned above, there was evidence from economy definition, which the jury could have concluded that the poverty causes accident occurred when defendant#8217;s vehicle left her lane of travel and economy psychology, swerved onto san vitale the sidewalk, into the path of the economy definition psychology oncoming bicyclist, for no apparent reason: the pavement was dry; the san vitale exterior weather was clear; she was heading north and psychology, not into the sun; the road took a gradual curve to the left where the scarface defendant drove off it to token economy, 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. Web 1.0! There was also testimony from two witnesses who, the jury could have found, encountered the token economy psychology plaintiff minutes before the poverty causes accident, between a mile and two away.

The defendant was coming from her home in Ayer, northbound on psychology Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to schools uk, Groton Center (with a brief stop to definition, drop off a video at dantes inferno art a friend#8217;s house on the way). George Krusen and Barry Curcio, who were driving together south on Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in the opposite (northbound) lane. Token Economy Definition Psychology! As they and the truck approached one another at exterior a curve in economy psychology, the road, the truck swerved into Hymn to Intellectual Beauty Blanc Essay their lane and beyond, into the dirt by the (wrong) side of the token economy definition psychology road. Shelley's Hymn To Intellectual And Mont Blanc Essay Example! It did not slow down, and economy, was in psychology, their lane for psychology several seconds before veering back into kenneth clark psychology the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by token economy just a foot or two. In her September 6 statement to san vitale, the police, the defendant stated that the only significant event on her drive from economy, Ayer to Groton was that her sandal #8220;fell off once#8221; in about Oil Industry: Monterey, the general area of the incident described by economy definition Krusen and democratic, Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and definition, both, at the request of the Groton police, viewed the truck after the accident at the garage where it had been towed. Shelley's And Mont Blanc Essay Example! Krusen (the driver) told the police he did not think the truck in token definition psychology, the garage was the one he had seen on web 1.0 Groton School Road.

Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in concluding that the definition psychology driver was the uk defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Economy! Renewed Motion for Required Finding. Web 1.0! The defendant moved for a directed finding at the close of the Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the evidence presented up to token definition psychology, the time of a motion for clark a directed verdict [was] legally sufficient to permit the definition submission of the case to poverty causes, the #8230; jury, to decide the innocence or guilt of the accused.#8221; Commonwealth v. Economy Definition Psychology! Latimore, 378 Mass. 671, 676 (1979). Hymn To Intellectual Beauty And Mont Blanc! I determined that although the evidence that the psychology defendant was under the influence of any of the scheduled medications at the time of the about The Monterey Shale accident was entirely circumstantial, there was enough to economy psychology, warrant submitting the case to poverty causes, the jury. The defendant has now renewed her motion, requiring me (a) to token psychology, look again at democratic schools whether the 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. Economy Definition Psychology! 2 (1982). Both determinations require that I view the scarface evidence in the light most favorable to the Commonwealth. Latimore, 378 Mass. at 677-78; Commonwealth v. Token Economy Definition Psychology! Torres, 24 Mass. App. Ct. 317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the evidence to Hymn and Mont Blanc Essay, support a criminal conviction must be not simply to economy, determine whether the jury was properly instructed on uk reasonable doubt, but to definition, determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the evidence in the light most favorable to poverty causes, the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to token definition psychology, sustain the web 1.0 denial of token economy, a directed verdict, it is biography not enough #8230; to find that there was some record evidence, however slight, to psychology, support each essential element of the poverty causes offense; [there must have been] enough evidence that could have satisfied a rational trier of fact of token economy definition, each such element beyond a reasonable doubt. Latimore, 378 Mass. at dantes art 677-78, quoting Jackson v. Token Economy! Virginia, 443 U.S.

307, 318-319 (1979); see Torres and kenneth clark, Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the economy Latimore / Jackson standard of appellate review to trial judge#8217;s review of motion for directed finding). As noted above, in Shelley's to Intellectual and Mont example, the discussion of the economy definition facts, Trooper Alvino#8217;s testimony placed the poverty causes defendant#8217;s truck on the sidewalk, out of token definition psychology, her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. Essay The Shale! This was sufficient to convict for operating to endanger. See, e.g., Commonwealth v. Definition! Siciliano, 420 Mass. Democratic! 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and forth across the token roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass. Poverty Causes! 338, 340 (1986) (a finding of ordinary negligence suffices for the operating to token definition, endanger element of vehicular homicide); Commonwealth v. Web 1.0! Vartanian, 251 Mass.

355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to token economy definition, endanger). Inferno Art! Eyewitness evidence as to economy, the operation of the truck before the about accident was not required. Economy Psychology! See, e.g., Commonwealth v. Inferno Art! Gordon, 389 Mass. Economy Definition! 351, 358 (1983). Web 1.0! The evidence concerning operating under the influence presented a closer case, but still one presentable to token definition, the jury.

To succeed on this element, the dantes art Commonwealth was required to prove beyond a reasonable doubt that one or more of the psychology scheduled medications, through its effect on poverty causes the defendant#8217;s #8220;judgment, alertness, and token economy definition psychology, ability to respond promptly and Shelley's and Mont example, effectively to token definition psychology, unexpected emergencies,#8221; diminished her #8220;ability to san vitale exterior, operate a motor vehicle safely.#8221;10 Commonwealth v. Token Economy Definition! Connolly, 394 Mass. 169, 174 (1985). A scheduled medication need not have been the web 1.0 sole or exclusive cause of the definition defendant#8217;s diminished ability to web 1.0, drive safely, so long as is definition psychology was a contributor. #8220;It is web 1.0 enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in economy definition, the statute], even though other, concurrent causes contribute to dantes, that diminished capacity.#8221; Commonwealth v. Token Economy Definition! Stathopoulos, 401 Mass. San Vitale Exterior! 453, 457 (1988). From the token economy definition evidence summarized above, the jury could have concluded: 1. To Intellectual Beauty And Mont Essay Example! That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2. That her pattern of filling the prescriptions for token economy definition psychology diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of Oil Industry: Shale, 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 economy definition psychology, August 31, from insomnia (an indication for dantes lorazepam) indicated recent enough consumption to have affected her on September 1; 4. That lorazepam, even if consumed the night before, would still have affected her the day of the accident; 5. That the token economy psychology steadily diminishing list of medications given by kenneth the plaintiff following the accident and the omission of the three controlled medications in her statements to token, the police indicated a consciousness of guilt, further bolstering the poverty causes other circumstantial evidence of token definition psychology, intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of any reasonable explanation for uk either, was evidence of economy definition, impairment due to Hymn to Intellectual and Mont Essay, intoxication; 7. That the fact that the defendant was under the influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for most of the witnesses who evaluated the defendant#8217;s affect after the accident to detect impairment; 8. That the description of the defendant#8217;s affect by Officer Hatch, who had known her for most of token economy definition, her life, was consistent with the democratic schools uk sedating effects of token, all three controlled medications; and. 9. Kenneth! That the plaintiff was adequately advised of the sedating and definition, impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Shelley's Hymn And Mont Blanc Essay! Darch, 54 Mass. App. Ct.

713 (2002) and token definition psychology, Commonwealth v. Hymn To Intellectual Essay! Wallace, 14 Mass. App. Ct. Psychology! 358, 360 (1982)). As noted above, the san vitale case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to definition psychology, be impaired by them, and it lacked direct evidence of what concentrations she had of poverty causes, any of them. Even the direct evidence of signs of token economy definition, intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see 7 above). From the evidence that was presented, however, the dantes inferno jury had enough to 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 token dangers of the kenneth clark psychology controlled medications, both medically and psychology, (by the time she spoke to Shelley's Essay example, the police) legally as well; and definition, that her erratic and dangerous driving on san vitale exterior the day of the accident lacked any reasonable explanation other than impairment by token economy definition psychology one or both of these drugs.

This was enough to convict. Democratic Schools Uk! The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt. Token Definition Psychology! An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and scarface, 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 human beings.#8221; To the token economy definition extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Dantes Inferno Art! Commonwealth v. Token Economy! Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). Web 1.0! B. Motion to token economy, Reduce Verdict. Dantes Inferno Art! Rule 25(b)(2) of the Rules of definition, Criminal Procedure provides as follows: Motion After Discharge of Jury.

If the scarface biography motion [for a required finding of not guilty] is denied and the case is token economy definition psychology submitted to poverty causes, the jury, the motion may be renewed within five days after the economy definition jury is clark discharged and may include in the alternative a motion for a new trial. If a verdict of guilty is returned, the judge may on definition psychology motion set aside the verdict and web 1.0, order a new trial, or order the economy definition psychology entry of to Intellectual Beauty and Mont Blanc example, a finding of token economy psychology, not guilty, or order the entry of a finding of dantes, guilty of token definition, any offense included in the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by poverty causes G.L. c. 278, 11. Token Definition Psychology! In a recent (and celebrated) discussion of this authority, the Shelley's to Intellectual Beauty and Mont Essay example SJC noted, The authority of the trial judge under rule 25(b)(2) to definition psychology, reduce the Shelley's Hymn to Intellectual Beauty Blanc Essay example verdict or grant a new trial in criminal cases is much like our authority to review so-called capital cases convictions of token economy definition, murder in to Intellectual and Mont Essay example, the first degree under G.L. Token Psychology! c. Poverty Causes! 278, 33E. The postconviction powers granted by economy definition the Legislature to psychology, the courts at token economy definition psychology both trial and schools, appellate levels reflect the evolution of legislative policy promoting judicial responsibility to token economy definition, ensure that the san vitale result in psychology, every criminal case is consonant with justice. Biography! It is clear that the responsibility may be exercised by token psychology 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 san vitale exterior jury#8217;s verdict.#8221; The judge#8217;s option to economy psychology, reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. Biography! The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. Token Definition Psychology! 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 scarface biography interaction of psychology, several causes. Commonwealth v. Woodward, 427 Mass.

659, 666-67 (1998). As the trial judge in to Intellectual Blanc example, Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to token economy, reduce a verdict is web 1.0 less constrained than when considering a motion to set aside a verdict as unsupported by token economy definition the evidence: The test here is Essay Oil Industry: Monterey no longer narrowly legal. The judge, formerly only an definition psychology, 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 Essay Oil Industry: The Shale, consideration. Economy Definition! Commonwealth v. Psychology! Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is token psychology nonetheless subject to prudential limitations. San Vitale! The SJC added, to what has been quoted above from the token psychology Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in dantes art, the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in 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. Definition! Carter, 423 Mass.

506, 512 (1996) (judge hearing motion to Essay about The Monterey, reduce verdict #8220;is not to play the role of psychology, thirteenth juror#8221; or to web 1.0, #8220;second guess the economy definition jury#8221;). Perhaps not surprisingly, it appears that the scarface biography verdict-reduction power is exercised most frequently as in economy definition psychology, 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 scarface 669. Economy Definition! The defendant offers two reasons for scarface biography a reduction of the token economy psychology verdict in web 1.0, this case, from token definition psychology, felony to misdemeanor vehicular homicide (i.e., setting aside the democratic schools uk finding as to operating under and leaving intact the token definition finding as to schools uk, operating to endanger): 1. The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the psychology controlled medications during a relevant time period; or that she exhibited signs of web 1.0, intoxication on definition the day of the Hymn to Intellectual Essay accident; or that her driving ability was actually impaired; and. Definition! 2. Schools Uk! The lack of token economy definition psychology, any evidence whatsoever that the Essay about Monterey defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in definition, part, as an argument for #8220;involuntary intoxication#8221;). San Vitale! The evidence as to ingestion, intoxication, and impairment is token definition psychology summarized above and need not be repeated here. It was, as the poverty causes defendant characterizes it, #8220;slim,#8221; at least in the sense that there was no single piece of economy definition, evidence of 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 biography difficult to discount. Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and psychology, accident reconstruction. Uk! If one accepts the conclusion of Trooper Alvino that the definition psychology truck was on the sidewalk at the point of web 1.0, impact which the jury were not required but were entitled to do there might be a variety of explanations for it, but the token definition only one to be found anywhere in the evidence is Hymn Beauty Essay that of intoxication. If one also accepts the economy definition testimony of Krusen and biography, Curcio (including the token definition identification furnished by dantes inferno the latter) as the jury were also entitled to token, do this showed a chain of events of some duration, likewise consistent with intoxication and democratic schools, begging alternative explanation in the evidence.

A loose sandal might explain the Krusen-Curcio incident alone though even this is undercut by the defendant#8217;s disclaimer of any problem resulting from token economy definition psychology, it but it does little to explain a course of kenneth psychology, reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of 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 economy, with Officer Hatch#8217;s description of her affect after the poverty causes accident, the economy psychology conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the Essay Oil Industry: The Shale verdict-reduction power conferred by token psychology G.L. Democratic Schools Uk! c. 278, 11 and token psychology, Rule 25(b)(2) is Essay Oil Industry: most often exercised in order to navigate the murky and notoriously difficult, even on a jurisprudential level world of human intent in homicide cases. Economy Psychology! These are cases in which the law, for reasons of kenneth clark psychology, social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is token inherently unknowable. Some room for reflection and exterior, correction is necessary, in all cases but especially in these. Token! In this case, however, the exterior central issue whether or not the defendant#8217;s ability to perform a complex task such as driving was impaired by a controlled medication was an economy definition, ascertainable fact. Exterior! Its determination on psychology the evidence presented in this case was not a simple or an easy task, to be sure, but there is Shelley's and Mont Blanc example no reason to suppose that it was beyond the token psychology ability of the jury. That evidence, if necessarily circumstantial and The Monterey, incomplete, was nonetheless substantial in its quantity and its overall quality. Trial presentations for both sides were excellent. I do not think the jury#8217;s verdict represented a miscarriage of justice. The defendant#8217;s final argument that medications taken as prescribed cannot be the token economy psychology basis of an OUI or a vehicular homicide conviction misapprehends the conduct which G.L. Blanc! c. 90, 24 and 24G make criminal.

Her argument to the contrary notwithstanding, neither the statutes, nor the token psychology conviction in this case, criminalizes the Essay about The Shale defendant#8217;s mental illness, or her therapy. The offense is token economy definition operating under the influence. Democratic Schools! What is forbidden is definition not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by poverty causes these or by other, enumerated substances. Token Economy Psychology! The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. Web 1.0! They instead require proof that the token psychology defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and scarface, that she thereby caused the token definition death of about Oil Industry: Monterey, another person (for vehicular homicide). Impairment by a prescription drug may be as dangerous as impairment by token economy definition alcohol or a drug of abuse (which for scarface some drugs is precisely the reason a prescription is definition psychology required). Web 1.0! The statute aims to definition, keep the impaired driver off the road in to Intellectual Beauty and Mont Blanc, either case. While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed and token economy psychology, will be addressed in web 1.0, this case in token definition, sentencing. Scarface Biography! For the foregoing reasons, the defendant#8217;s Motion for economy definition Relief Pursuant to scarface, Mass. Definition Psychology! R. Crim. Web 1.0! P. 25(b)(2) is economy definition DENIED.

The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. Essay Oil Industry: Monterey Shale! A conviction for definition psychology felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to kenneth clark, endanger(and that her operation caused the death of another). Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death. Both operating under and operating to endanger are therefore lesser included offenses in economy, relation to schools uk, felony vehicular homicide. 2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the definition admissibility under Commonwealth v. Biography! Lanigan, 419 Mass. 54 (1994), of 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 economy psychology, 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 Shelley's Beauty and Mont Essay the attorney general#8217;s list of token psychology, controlled substances, incorporated by web 1.0 reference into c. Token Economy Definition Psychology! 94C, 1 and Essay Oil Industry: The Shale, thereby into economy c. 90, 24(a) and 24G(a). Poverty Causes! Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Token Economy Definition Psychology! Brower.

4. Shelley's Hymn To Intellectual Beauty And Mont Essay Example! 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 economy her, he will prescribe Percocet. Essay The Shale! 5. Definition Psychology! She also stated that her dosages had been increased while she was in san vitale exterior, the hospital, and that this at economy first caused her to feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on me, and psychology, I#8217;m fine.#8221; In testimony that I excluded (after first asking if the economy defendant wished to psychology, waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by definition psychology 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 poverty causes, he said it was fine. He said they have no effect on your driving.#8221; 6. Economy! Dr. Balser and the police witnesses were in to Intellectual Beauty Blanc Essay, agreement that the decision whether or not to token definition, test for intoxication is to Intellectual Beauty Blanc a medical one, made by the physician and not under the direction of law enforcement.

7. Economy Definition! This description of the web 1.0 defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by Dr. Economy! Brower, of the exterior calming and sedating effects of token psychology, lorazepam and diazepam. The jury might also have concluded, reasonably, that the democratic schools effects of these medications would be less familiar to economy psychology, a layperson, including a police officer, than the kenneth clark effects of, say, alcohol. 8. Definition Psychology! Krusen recalled a Ford Ranger pickup (he drives one too) of an 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 clark, difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in psychology, 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 dantes the defendant all pertained to token definition, the accident with Evan Holofcener, not to the incident involving Krusen and san vitale exterior, Curcio. 10. At the token psychology defendant#8217;s request, and over dantes the Commonwealth#8217;s energetically pressed objection, I gave the definition jury a #8220;specific unanimity#8221; instruction, requiring that they agree on web 1.0 which of the three scheduled medications (if any) had impaired the defendant#8217;s ability to drive. #8220;[W]hen the Commonwealth introduces at definition psychology trial evidence of web 1.0, alternate incidents that could support the token economy definition psychology charge against the defendant, the Oil Industry: The Monterey jury must unanimously agree on token which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass. Poverty Causes! 436, 442 (1996), cert. Token! denied 519 U.S. Shale! 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from token, a single operation of biography, a motor vehicle.

Massachusetts law is economy less than clear (to this judge at psychology least) as to whether a specific unanimity instruction was required in a case such as this. 11. The jury could reasonably have credited Curcio#8217;s identification of the token psychology truck, and san vitale exterior, attributed Krusen#8217;s failure to identify it to token economy, the fact that he had been the poverty causes driver, and therefore, preoccupied. Economy Definition Psychology! 12. Inferno! 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 economy definition, note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to exterior, distribute.

Operating a motor vehicle while under the influence of economy psychology, alcohol and democratic schools uk, operating a motor vehicle under a suspended license. 57 Mass. Economy Definition Psychology! App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. Democratic! COPYRIGHT MATERIAL OMITTED. Esther J. Horwich, Boston, for the defendant.

Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth. Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the revocation of economy psychology, his probation, based on evidence that he was operating a motor vehicle under a suspended license. Biography! Probation had been imposed on November 16, 1999, in Brighton District Court, after the token economy psychology defendant admitted to sufficient facts to web 1.0, warrant a finding of token psychology, guilty on a charge of operating a motor vehicle under a suspended license. Poverty Causes! The judge continued the case without a finding and definition psychology, placed the inferno art defendant under the supervision of economy, a probation officer on terms that, among others, required that he #8220;obey all court orders and local, [S]tate and [F]ederal laws#8221; until May 19, 2000. Exterior! On January 2, 2000, the token defendant was stopped by the Mashpee police on Shelley's Hymn to Intellectual Beauty and Mont Blanc Essay example his way home from token economy, a football game. Web 1.0! The stop resulted in token economy definition psychology, new charges being lodged against the defendant in dantes inferno art, Falmouth District Court for operating a motor vehicle while under the influence of alcohol and psychology, operating a motor vehicle under a suspended license. The new offense triggered the issuance of a written notice of a probation violation from the Hymn example Brighton District Court, stating the defendant was not in token definition, compliance with the web 1.0 terms of psychology, his probation because of the kenneth new complaint.

After a hearing on March 3, 2000, the judge found that the defendant had violated the token economy psychology terms of his probation on the basis of poverty causes, his admission to token, the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of probation by extending the probationary period to one year from the date of the democratic schools hearing and psychology, 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 web 1.0, his probation should be reversed because (1) the grounds stated as the reason for definition revoking his probation were different from democratic, those for economy definition psychology 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 dantes inferno art other information contained in the police reports; (3) the token economy psychology admission was insufficient, as a matter of law, to Essay about The Shale, 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 token definition psychology the time of the Monterey admission he was intoxicated, and prior to token, his admission he had not been given his Miranda warnings. San Vitale Exterior! We affirm the revocation decision. We summarize the economy definition relevant facts as presented at Hymn to Intellectual and Mont Essay the revocation hearing. Token Economy! On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on san vitale Route 130. He was forced to steer his police cruiser to the right in order to token definition, avoid being hit by a green sport utility vehicle that had crossed the poverty causes center line. Token Psychology! Read testified at scarface 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 search of the vehicle. Economy Definition! Read found it parked at the side of the road. Read observed the defendant standing toward the back of the vehicle, on the driver#8217;s side.

Read stopped, exited, and walked toward the exterior defendant. As Read approached, the definition psychology defendant walked to the passenger side of the vehicle, sat in the passenger seat, and about Oil Industry: The Monterey, began to definition psychology, look through the glove box. Read asked the defendant where the driver was; the clark defendant did not respond.3 At about token that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the dantes inferno art woods by the side of the road, where he apparently had been urinating. Economy Psychology! Read asked both the Essay Oil Industry: The Monterey Shale defendant and economy psychology, Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in the rear of the vehicle.

Read determined that the exterior defendant was the owner of the psychology vehicle. Read determined that both the defendant and Crosby were under the Shelley's influence of alcohol, and economy definition, placed both in protective custody. Officer Paul Coronella was called and arrived at Hymn to Intellectual and Mont Blanc example the scene. The defendant was placed in economy definition, the rear of web 1.0, Coronella#8217;s police car and Crosby was placed in token definition psychology, the rear of Read#8217;s police car, both for transportation to biography, the police station. Economy! En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the biography driver. When Read arrived at economy definition psychology 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 scarface defendant was the driver. Definition Psychology! After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the poverty causes motor vehicle on Route 130 while under the influence of economy, intoxicating liquor. A breathalyzer test revealed the about defendant to have a blood alcohol reading of token economy definition, .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 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. Democratic Schools Uk! Read testified that he believed he remembered that the defendant had been read his rights at token definition that point. According to both Coronella#8217;s and Read#8217;s reports, after the booking procedure, the kenneth clark 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 psychology, his son-in-law#8217;s, Crosby#8217;s, home in about Shale, East Bridgewater. Economy Definition Psychology! Crosby then drove the uk defendant#8217;s vehicle to the game. When pressed on token economy definition this point during cross-examination, Read testified that he had no memory of the defendant telling him that his sister had given him a ride to kenneth clark, Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the defendant had made such a comment.

The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the defendant had been driving the vehicle at the time it was stopped. Rather, the token economy definition psychology judge credited the democratic uk defendant#8217;s admission, as reported by economy definition psychology Coronella and Read, that he had driven from his house to democratic, Crosby#8217;s house, the token economy psychology 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. Web 1.0! Written Notification. The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by economy definition psychology the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in Essay Oil Industry: The Monterey, the day, when he drove from his home to economy definition, Crosby#8217;s home under a suspended license. Shelley's! The issue was first raised in economy definition, the defendant#8217;s second motion for web 1.0 reconsideration, which was denied by the judge who had found a probation violation. We agree with the token psychology defendant that the dantes art written notice was limited on its face to token economy psychology, the two charges filed in connection with the incident that occurred on Route 130, and poverty causes, that the notice of violation of probation did not include mention of his operating the motor vehicle on economy psychology a public way earlier in the day.5 The Commonwealth appears to concede that, because of lack of notice, the earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the kenneth clark 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 economy, inflexible concept. Biography! Ibid. Token Economy! Flexibility is important both to insure the offender the Blanc opportunity inherent in token economy definition psychology, the grant of conditional liberty that probation affords, and to insure the kenneth Commonwealth the ability to token definition, deal expeditiously with a violation of Shelley's to Intellectual Blanc Essay, that opportunity. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001). A probation revocation is not a criminal prosecution. Token Economy! Commonwealth v. Durling, 407 Mass. at Shelley's Hymn to Intellectual Essay example 112, 551 N.E.2d 1193. Token Economy! In this case, the written notice did not specifically state the basis upon which the exterior judge based the revocation.

The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in token economy, the police reports that were generated in relation to the charges listed on scarface biography the notice of probation violation. Token Psychology! In any event, assuming that the Essay The failure to economy definition, specifically enumerate the uk misconduct on token the face of the notice constitutes error, the issue remains whether the defendant was afforded due process. We conclude that the actions of defense counsel in introducing the issue at the inception of the hearing, and in vigorously cross-examining the officer on schools the issue, amply support the conclusion that any error here was harmless. For example, at definition psychology the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the inferno influence charge. With respect to the remaining issue, operating after suspension of license, she indicated a willingness to admit if the definition court were to accept a recommended disposition on poverty causes the probation violation.

After discussion about a possible disposition, counsel told the token economy psychology judge the poverty causes following: #8220;There is token psychology a second matter of operating after a suspended license. Biography! And there are two incidents of operation, one of economy definition, which I understand my client is accused of admitting that he did. I#8217;m not saying that is art his position, but in the police report it indicates something to that effect. Economy Definition! #8220;If we could just go forward with regard to 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 clark psychology, vigorous cross-examination of the officer with regard to token economy, the defendant#8217;s statement that he had driven the car earlier in the day, and uk, went so far as to economy, elicit a statement from the officer that the clark psychology defendant might also have told him that a family member, rather than the economy psychology defendant, drove the biography car to token psychology, Crosby#8217;s house. Counsel was amply prepared at the start of the hearing to consider the web 1.0 issue of the defendant#8217;s admitting to the first occasion of driving after suspension of definition, his license. Inferno Art! On the facts of token psychology, this case, the clark defendant is unable to token economy definition psychology, demonstrate prejudice resulting from any lack of notice, and this failure to show prejudice is san vitale exterior fatal to his claim of error. Economy Definition! See Delisle v. Commonwealth, 416 Mass.

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

Exclusion of the token economy evidence. The defendant next contends that his admission to police that he had been driving earlier in scarface biography, the day should have been excluded because (a) the psychology statement was made either prior to his being given his Miranda warnings or, if made after the inferno art warnings, his waiver was not knowing, voluntary, or intelligent due to definition psychology, his state of intoxication; (b) again due to his state of web 1.0, intoxication, the token economy statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art. Web 1.0! 12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and (c) the token alleged admission was unreliable and inferno, insufficient to form the basis of the token economy definition psychology probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. Poverty Causes! We disagree with all three contentions. (a) Miranda issue. Psychology! Contrary to Shelley's Hymn to Intellectual, the defendant#8217;s contention, the economy psychology evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the exterior statement that formed the basis of the violation. The record shows that the conversation reported by Coronella, in 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 token definition the hearing supports this version of web 1.0, events.8.

Moreover, even were we to agree that the token psychology defendant#8217;s admission was obtained prior to san vitale exterior, his being given his Miranda rights, the statements were admissible. Token! Following the inferno rationale established in United States v. Calandra, 414 U.S. Economy Definition! 338, 94 S.Ct. Inferno! 613, 38 L.Ed.2d 561 (1974), and in economy definition psychology, certain other Federal cases dealing with the use of evidence obtained in violation of the Fourth Amendment, the dantes inferno Supreme Judicial Court, in Commonwealth v. 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 token definition psychology defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to Essay about, certain considerations not present here, might properly provide the economy basis for a probation surrender. Where, as here, the primary focus of the police inquiry, including the arrest of the dantes inferno defendant and Crosby for economy psychology reasons of protective custody, and the ensuing questioning, sobriety tests, and Essay about The Shale, ultimate charge were to token economy definition psychology, prosecute the Hymn to Intellectual Beauty and Mont Blanc example incident of driving under the economy influence, the exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to serve any deterrent purpose.

See Commonwealth v. Olsen, 405 Mass. Democratic Schools Uk! 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. Token Definition Psychology! Vincente, supra at psychology 280, 540 N.E.2d 669. Psychology! (b) Fifth and 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 the. basis that it was not made voluntarily due to san vitale, his intoxication, and token definition psychology, therefore was taken in scarface biography, violation of his Fifth and economy psychology, Fourteenth Amendment due process rights. San Vitale Exterior! 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. Psychology! 174, 183 #038; n. Democratic! 8, 472 N.E.2d 1354 (1985).

In any event, even were we to conclude otherwise, the economy definition psychology defendant is not entitled to relief. In the Hymn to Intellectual Beauty Essay example context of economy psychology, a criminal trial, where evidence of intoxication has been presented, and the voluntariness of statements is in The Shale, issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to definition psychology, make an dantes, affirmative finding on economy the voluntariness of those admissions under the Fifth and inferno art, Fourteenth Amendments before a jury is definition psychology allowed to democratic schools, consider them. Economy! See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). San Vitale! See also Commonwealth v. Token Economy Definition! Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the web 1.0 issue of definition psychology, voluntariness where the defendant claims to scarface, have been under the economy influence of drugs or alcohol#8221;). Shelley's Beauty And Mont Example! Such special care with regard to intoxication is definition necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of kenneth psychology, psychological persuasion, courts have found the mental condition of the defendant a more significant factor in economy, the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S. Dantes! 157, 164, 107 S.Ct. Token Economy Definition Psychology! 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 schools uk the bases of Fifth and Fourteenth Amendment due process at economy psychology a probation revocation hearing, we find instructive the reasoning in and Mont Essay, the decisional law related to Fourth Amendment violations. Economy Psychology! In such circumstances, most Federal courts refuse to apply the exclusionary rule to dantes inferno art, 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. Economy! 50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to Essay about Monterey, police harassment when the defendant was interviewed or when he made the token economy definition psychology statement after being read his Miranda rights. Uk! 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 economy definition psychology, harassment necessary to exterior, invoke the exclusionary rule#8230;. Token Economy Definition! [W]here harassment may be a singular act, at least some irregularity in san vitale exterior, 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.

Further, the economy definition police had already placed the scarface biography defendant under arrest for token driving under the influence, and exterior, the record shows that their inquiry was targeted to economy definition, elicit evidence in Hymn Beauty Blanc example, support of a conviction on that offense, rather than for the purpose of economy definition psychology, eliciting information by which probation could be revoked. Compare Commonwealth v. Vincente, 405 Mass. at clark psychology 280, 540 N.E.2d 669, and token economy definition psychology, 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. Revocation of probation is generally only a minor consideration, and web 1.0, therefore the risk that illegally obtained evidence might be excluded from such proceedings is psychology likely to scarface biography, have only a marginal additional deterrent effect on 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 token economy the Miranda warnings on the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and clark, Fourteenth Amendments on the other hand. See Colorado v. Economy Psychology! Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Poverty Causes! Similarly, the economy psychology 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. Biography! See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S.

477, 488-489, 92 S.Ct. Token! 619, 30 L.Ed.2d 618 (1972). We see no reason that the exclusionary rule be applied in these circumstances. #8220;In Federal law and in Shale, most jurisdictions, the exclusionary rule does not apply as a matter of course to token definition, probation revocation proceedings because the `application of the exclusionary rule is restricted to dantes inferno, 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. Definition! Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Inferno! Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is economy definition not complying with the democratic schools uk 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 token economy definition 280, 540 N.E.2d 669. Accordingly, the Hymn Beauty State has an psychology, overwhelming interest in being able to return an kenneth psychology, individual to token psychology, imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to dantes inferno art, abide by the conditions of 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 token economy definition the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. San Vitale Exterior! Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the economy exclusionary rule does not render the san vitale exterior defendant#8217;s statement inadmissible, even were we to determine that the statement had been given involuntarily, when, as here, there is no evidence that the definition psychology statement was the product of police harassment or the result of a police focus to obtain evidence specifically for a probation revocation hearing. Dantes Art! (c) Reliability of the token economy definition admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is Oil Industry: The insufficiently reliable, first because it is token psychology unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by schools uk other evidence in the hearing.

Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon economy psychology an attempt to revoke their probation, as liberty interests are at dantes art stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. Token Economy Definition Psychology! The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered. See id. at democratic 113-117, 551 N.E.2d 1193. Even the token economy definition right of confrontation may be denied if the #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Web 1.0! Scarpelli, 411 U.S. 778, 786, 93 S.Ct.

1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 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 economy definition proper. Kenneth Clark Psychology! See Durling, supra at definition 116, 551 N.E.2d 1193. Here, there was ample evidence to corroborate the democratic schools uk defendant#8217;s statement. Economy Definition Psychology! It is undisputed that the two went to inferno, the football game in the defendant#8217;s car.

The defendant lived a distance from token economy definition, Crosby#8217;s home, and inferno art, the two were returning there when they were stopped by the police. No other explanation was offered of economy, how the defendant and his vehicle got from his home to Crosby#8217;s.11 The cases cited by the defendant in clark, his brief, Commonwealth v. Token Economy Definition! Forde, 392 Mass. Shelley's To Intellectual Beauty And Mont! 453, 457, 466 N.E.2d 510 (1984), and definition, Commonwealth v. Poverty Causes! Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to definition, corroborate the web 1.0 admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in token economy, fact necessary for an admission in clark psychology, the context of a hearing on surrender.

As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the token economy definition defendant admitted to driving earlier in the day, and web 1.0, that he had made a note of token psychology, it in his police report. Hymn To Intellectual And Mont Blanc! Read was present at economy the hearing and subject to cross-examination. About Oil Industry: Shale! The statement was an economy definition, admission against interest made by san vitale the defendant to police officers at a time when the officers were investigating him for another alleged crime, operating under the influence. The defendant, though present in economy psychology, court, chose to remain silent. Declarations against penal interest are admissible for the truth of the poverty causes 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 token 516 (7th ed.1999). The hearsay was both credible and reliable. Order revoking probation affirmed. Shelley's Beauty Blanc! 1. Token! See, e.g., Commonwealth v. Scarface! Villalobos, 437 Mass. Psychology! 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 The Shale, meet any conditions attached to token economy psychology, the continuance, he may be found guilty and sentenced).

2. In accordance with Rule 9 of the about Oil Industry: The Monterey Shale District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in token, the imposition of a guilty finding and the revocation of scarface, straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. Economy Psychology! See generally Commonwealth v. Uk! Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). Economy Definition! 3. We look to Shelley's Hymn to Intellectual Beauty and Mont example, the testimony given by psychology Officer Read at The Monterey Shale the surrender hearing. Police reports filed after the token economy definition psychology arrest indicate a somewhat different answer to democratic schools, Read#8217;s initial questions.

Any variance is not material to our decision. Definition! 4. At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the art defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the definition psychology finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on D.#8221; Given the written finding that revocation was based on exterior #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 definition 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 Shale, this appeal. 5. With respect to psychology, the alleged violations, the poverty causes notice stated in token psychology, full: #8220;You are hereby notified of the poverty causes following alleged violation(s) of the token economy psychology probation order that was issued to you in the criminal case identified above: You violated a criminal law of the [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. lic.#8221; 6. Clark Psychology! The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in definition, 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 the time of the schools uk stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth#8217;s arguments in psychology, this regard. 7. Schools Uk! See as well Rule 3(b)(ii) of the District Court Rules for economy Probation Violation Proceedings, which sets forth notice requirements. The rule went into effect four days prior to web 1.0, the notice of surrender. 8. Economy Psychology! Coronella#8217;s report states in biography, 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 token, stated that he wanted to web 1.0, take the token definition breath test. Democratic Schools! [The defendant] was given the token definition test and the results were as follows#8230;. [The defendant] was again asked how he got to psychology, the #8230; game. He stated that he drove from his house in economy definition psychology, Brockton to Essay The, Crosby home in token psychology, East Bridgewater, picked up Crosby and to Intellectual Beauty Blanc example, then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at the hearing that the economy psychology statements were made after Miranda warnings were read at dantes art 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 economy definition, violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is poverty causes inadmissible where the defendant suffered harassment; (3) the definition psychology Second Circuit applies the san vitale exclusionary rule where the probation officer is aware of the target#8217;s probationary status, but not where a police officer is unaware of that status; and (4) the Fourth Circuit #8220;stands alone#8221; in excluding all evidence obtained by unconstitutional searches from probation revocation hearings.

See United States v. Gravina, supra, and cases cited. Economy Definition! See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and uk, Seizure or in Absence of token psychology, Miranda Warnings, 30 A.L.R. Web 1.0! Fed. 824, 829-835 (1976 #038; Supp.2002). Token Economy Definition Psychology! 10.

The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the uk question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. Economy Definition Psychology! 11. Defense counsel makes much of the fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the Monterey Shale defendant from his home to Crosby#8217;s home. Token Economy Definition! This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to Essay Monterey Shale, the effect that a family member had driven to token economy definition, Crosby#8217;s. Any determination of the weight and credibility of Read#8217;s testimony was for the judge, and the contradiction was not so egregious as to cause us to kenneth clark, conclude that the token economy definition psychology judge committed plain error. See Commonwealth v. 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 manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for scarface biography administration of field sobriety tests. 76 Mass.App.Ct.

908. Token Economy Definition Psychology! Cheryl A. Poverty Causes! BAZINET. Appeals Court of Massachusetts. James M. Economy Definition Psychology! Milligan, Jr., Norwell, for dantes art the defendant. Token Economy Definition Psychology! Michelle R. King, Assistant District Attorney, for kenneth clark psychology the Commonwealth. Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on Route 20 in token psychology, the town of Auburn on to Intellectual and Mont Blanc Essay example July 22, 2007. A State trooper working the checkpoint spoke with her and detected an odor of token economy definition, alcohol.

Consequently, the trooper, although he had made no observations of the dantes inferno manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out token economy psychology, 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 Essay Oil Industry: The, a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1). Economy Definition Psychology! Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the case for an answer to two questions of law he said arose frequently in clark, the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Token Psychology! Caracciola, 409 Mass. Poverty Causes! 648, 650, 569 N.E.2d 774 (1991). Token Psychology! The questions are these: ?1. Web 1.0! The Massachusetts State Police General Order (TRF-15) [which governed operation of the token economy definition psychology checkpoint] permits a trooper, with reasonable suspicion based upon Essay about Oil Industry: The Shale articulable facts that the economy psychology operator is OUI, to further detain an operator directing them from the screening area to the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to and Mont Essay, further detain an definition psychology, operator for 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 schools uk reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Token Definition Psychology! Murphy, 454 Mass. Clark Psychology! 318, 910 N.E.2d 281 (2009), a case decided after the report. In essence, the 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 troop commander to the officer in charge of a specific checkpoint, met constitution standards. Id. at economy 328, 910 N.E.2d 281. Biography! We think that the decision in Murphy requires an affirmative answer to economy definition, both questions. Essay About The Shale! Insofar as question one is concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon articulable facts, that the token operator #8230; is kenneth committing #8230; an 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 economy definition, which, if observed, would provide a basis for scarface biography further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Token Economy Definition! Rizzo, 243 Mich.App. Shelley's Hymn To Intellectual Beauty Blanc Example! 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to economy, a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the poverty causes motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of token, alcohol was sufficient to allow officer to schools, conduct further investigation); State v. Token Economy Psychology! Hernandez-Rodriguez, Ohio App. 11th Dist. No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. Hymn Beauty Blanc Example! 28, 2007) (explaining that ?the ?strong odor? of economy, alcohol, by Hymn Beauty Essay example itself, can trigger reasonable suspicion of token economy psychology, driving under the influence?). Dantes! Turning to question two, the opinion in Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is token definition 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 web 1.0 checkpoint the psychology State police conducted in san vitale, this case was governed both by economy definition psychology General Order TRF-15 and by operational instructions contained in a letter from the troop commander to the officer in charge of the to Intellectual Beauty and Mont example checkpoint, as well as by Order 07-DFS-056. Token Economy Definition Psychology! Order TRF-15. and the operational instructions are, in poverty causes, all material respects, identical to token economy, the instructions discussed by Oil Industry: the court in definition psychology, Murphy. Poverty Causes! As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Definition Psychology! Insofar as Order 07-DFS-056 adds something new to poverty causes, the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to economy, all observed violations, thus reducing further the poverty causes kind of discretionary enforcement that in token economy definition psychology, other cases has been found constitutionally wanting. San Vitale! See, e.g., Commonwealth v. McGeoghegan, 389 Mass. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Definition Psychology! Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the scarface answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. Token Economy Psychology! The Division Commander#8217;s Order included in poverty causes, the record appendix is economy definition psychology numbered ?07-DFS-56.? 2. The court#8217;s complete list of Essay about Shale, ?clues of token economy psychology, impaired operation? was ?the condition of the eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in poverty causes, plain sight in economy psychology, the vehicle, and other indicators.?

Murphy, supra at 320, 910 N.E.2d 281. Later in web 1.0, the opinion, the economy definition psychology court said that ?TRF-15 requires a predicate of clark psychology, reasonable articulable suspicion based on token economy definition psychology the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in Hymn to Intellectual Beauty and Mont Blanc, plain view),? omitting ?odor of alcohol? from that list. Definition Psychology! Id. at The Monterey Shale 328, 910 N.E.2d 281. We think that nothing of economy definition psychology, consequence flows from the omission. Poverty Causes! As a consequence of economy definition, a motor vehicle accident on web 1.0 January 26, 2008, a Superior Court jury convicted the economy definition psychology defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. Democratic! c. Economy Psychology! 90, 24(1)(a)(1); and (2) reckless or negligent operation of scarface, a motor vehicle, G. L. Token Definition! c. 90, 24(2)(a). Web 1.0! COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. NOTICE: Decisions issued by token psychology the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the kenneth facts of the case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to token definition, the entire court and, therefore, represent only the views of the san vitale exterior 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 (1) operating a motor vehicle while under the token economy influence of intoxicating liquor (OUI), G. Shelley's To Intellectual And Mont Essay Example! L. c. 90, 24(1)(a)(1); and (2) reckless or negligent operation of economy definition, a motor vehicle, G. L. Essay The Shale! c. Economy Psychology! 90, 24(2)(a). On the day following the scarface biography rendition of the economy definition 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 web 1.0, OUI, fourth offense, G. Token Economy Definition Psychology! 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 psychology, OUI, G. Token Economy Definition! L. San Vitale Exterior! c. Definition Psychology! 90, 23. Upon the convictions for biography OUI fourth, the definition judge sentenced the defendant to four and one-half to san vitale exterior, five years#8217; confinement at State prison; upon token definition the conviction for poverty causes operation after suspension or revocation by reason of economy definition psychology, prior OUI conviction, the uk judge imposed a sentence of token, two and one-half years#8217; confinement at the house of correction from and after completion of the Hymn Beauty and Mont Blanc example State prison sentence; and upon the conviction of reckless or negligent operation, the economy judge sentenced the defendant to two years at the house of correction to art, run concurrently with her sentence at State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of members of the jury to prejudicial publicity during the course of the trial; and economy definition psychology, (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the inferno art sentences. For the following reasons, we reject the defendant#8217;s appellate contentions and affirm the convictions and the sentences. Factual background. The evidence permitted the jury to definition psychology, find the following facts. On the afternoon of January 26, 2008, the schools defendant consumed four or five beers at definition her home in Lynn between 2:45 P. M. and 6:00 P. Web 1.0! M. Token! At about dantes inferno art 6:00 P. M., she left the house in order to token economy, purchase take-home food from a delicatessen in biography, the city.

She took with her an definition, additional can of biography, beer, opened it, and put it in token economy, her handbag in the car. Uk! At a major intersection in Lynn and token economy psychology, after she had taken a drink from the open can, she made an poverty causes, unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to economy psychology, drive up to Oil Industry: Monterey, and against the front door of economy psychology, a restaurant (not the restaurant to clark psychology, which she was headed for economy definition psychology purchase of democratic schools, food). Definition Psychology! The impact of travel over the island and possibly up against web 1.0 the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. Token! She did not respond to his instruction to put the car in park gear; he did so and turned off the schools uk ignition. Psychology! He noticed that her speech was slow and that an odor of alcohol was in scarface biography, her breath. Token Economy! A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the Essay Oil Industry: interior of the automobile.

The officer also observed glassy and bloodshot eyes and economy psychology, slurred speech. Psychology! He saw the open beer can inside the definition automobile. He formed the dantes art opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and economy, testimony, the Lynn Item newspaper published a morning article about the case. The story carried the biography 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 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 token economy definition beginning of the third day of kenneth psychology, trial, all counsel and economy psychology, the judge discussed the appearance of the biography article. When the economy jury entered the courtroom, the judge addressed the clark following question to them. #8216;Has any member of the token definition jury read, seen, heard or overheard anything from any source about Shelley's to Intellectual Essay any aspect of this case outside of the economy psychology courtroom, since yesterday, that has affected or would affect your ability to consider this case in art, any way as a fair and token economy definition, impartial juror?

Nobody#8217;s raising their hand.#8217; He added a second question. Web 1.0! #8216;Has anybody seen or heard anything about any publicity from the economy news media about this case? Please raise your hand if there is Essay Oil Industry: The Monterey anyanything you#8217;ve heard at all, even the tiniest thing. Token Economy! Okay, nobody is raising their hand. Okay. All right, so we will resume with the trial.#8217; Defense counsel did not object to about Monterey Shale, the judge#8217;s treatment of the definition issue of exposure to prejudicial publicity by these questions. Scarface! Later that day, after the close of the evidence and in the course of final instructions to economy psychology, the jury, the clark judge reminded the economy definition psychology jury at san vitale exterior three points that they must base their verdict exclusively upon the evidence comprised of testimony and economy definition psychology, exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. San Vitale! After the return of the jury verdicts, the economy definition psychology finding of the scarface biography bench trial, and the submission of the definition plea of guilty to operating after suspension or revocation for web 1.0 prior OUI violations, the judge imposed sentencing from the token economy bench. His comments included the following. San Vitale! #8216;This is a sad case. I understand that I have a limited amount of information about economy definition psychology what happened and about the dantes inferno art [d]efendant, but it#8217;s pretty obvious to token definition, me that, from what I have received, that the [d]efendant Ms.

King is 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 scarface biography, these things. But the sentence I#8217;m going to impose is necessary, in token economy psychology, my view.#8217; The judge then specified the sentence for san vitale each offense. At the definition psychology conclusion of his announcement of the exterior respective sentences, he made the following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about economy why this sentence is dantes art required.#8217; The remark brought no objection. Token Economy Psychology! On the san vitale same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. Token Economy Psychology! In the appropriate space for about Shale explanation of the departure from the token guidelines, he wrote, #8216;Upward departure because of the Blanc example egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article.

On appeal and for psychology the first time, the scarface biography defendant argues that the judge should have conducted individual voir dire interrogation of each juror in order to determine whether he or she had experienced any exposure to economy, the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about exterior a breathalyzer test result and definition, the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at san vitale the time of trial, we review this argument under the standard of substantial risk of definition, a miscarriage of justice. We review the case as a whole and Essay The, ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the definition error materially influenced the verdict; and (4) whether counsel#8217;s failure to about Oil Industry: The, object or to raise a claim of error during trial constituted a reasonable tactical decision. See Commonwealth v. Azar, 435 Mass. Token Economy Definition! 675, 687-688 (2002).

In this instance, we find no error in schools uk, the judge#8217;s management of the economy definition psychology issue. Web 1.0! The defendant relies upon token economy the case of kenneth psychology, Commonwealth v. Economy Psychology! Jackson, 376 Mass. San Vitale Exterior! 790, 800-801 (1978). The court in that instance set out the following standard operating procedure for instances of token definition psychology, discovery of potentially prejudicial publicity during the democratic course of trial. #8216;If the judge finds that the definition material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. The initial questioning concerning whether any juror saw or heard the clark psychology 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 that juror, outside of the psychology presence of to Intellectual Beauty Blanc Essay, any other juror, to token definition, determine the extent of the juror#8217;s exposure to the material and its effects on the juror#8217;s ability to Shelley's Hymn and Mont Blanc Essay example, render an impartial verdict#8217; (emphasis supplied).

The thrust of the defendant#8217;s argument here is that the judge had a duty, not an option, to 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 token economy definition judge has no further duty to web 1.0, carry out individual questioning. Consequently, the judge here complied with the token economy psychology standard of the san vitale exterior Jackson rule. Psychology! 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 jurors may adversely stimulate the curiosity of dantes inferno art, those jurors about token economy definition psychology potential prejudicial publicity and web 1.0, cause them to search for it during the course of a trial. Economy Definition! 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 democratic, these circumstances. 1. Economy! Sentencing.

The defendant argues that the judge#8217;s reference to poverty causes, #8216;feelings#8217; about the imposed sentences reveals a violation of the standard of impartiality mandated for economy psychology sentencing by case law, particularly the case of Commonwealth v. About Oil Industry: The! 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 token economy definition, transform it from that of about Oil Industry: The, impartial arbiter.#8217; Id. at 401. The defendant characterizes the reference to economy, #8216;feelings#8217; as a forbidden indulgence of dantes inferno art, #8216;personal and definition psychology, private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in san vitale exterior, the Mills case and in any of the token definition decisions cited by the Mills discussion. We view the reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. Kenneth Clark! In that light, it reflects reasons and not emotion. Token Definition Psychology! He commented that he viewed the exterior case as a #8216;sad#8217; one. Psychology! Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to scarface biography, the fate of the defendant. He observed that she may well have had a hard life. He observed also that he was #8216;sensitive#8217; to token, her circumstances.

At the 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 schools, the lives of definition psychology, innocent travelers and pedestrians on kenneth clark psychology and near the psychology roadways. His sentencing scheme removed that peril for the period of years imposed for confinement. The sentencing fell within the bounds of rational discretion. Schools Uk! By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011.

1. An additional interpretation of the token definition psychology defendant#8217;s argument is that the democratic schools judge had a duty to definition psychology, make specific reference to the Lynn Item article in san vitale, his collective question to the jury. Token Psychology! The Jackson case creates no such duty. Shelley's Hymn To Intellectual Beauty Blanc Essay! Specific reference would raise the risk of psychology, juror research. Scarface! The judge#8217;s choice created no error of law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in token economy definition, public immediately after driving onto poverty causes a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of economy psychology, Massachusetts, Argued Feb. 3, 2010.

Decided June 1, 2010. Sharon Dehmand for web 1.0 the defendant. Nick Kaiser (Kris C. Token Economy Psychology! Foster, Assistant District Attorney, with him) for Shelley's and Mont example the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Token! Observed obviously intoxicated and Blanc example, urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the psychology defendant, Gregory Belliveau, was convicted of example, operating a motor vehicle while under the influence of alcohol. Token Psychology! (OUI), fifth offense, in violation of democratic uk, G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. On appeal, he argues that the psychology pier on which he was arrested was not a public way under the web 1.0 statute, that he received ineffective assistance of counsel, and token economy psychology, that the inferno judge considered improper factors in sentencing the defendant. Token Economy Psychology! We affirm. 1. Facts. Dantes! The jury were warranted in economy, finding the following facts: Pier 4 is located in democratic uk, the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by definition psychology automobile only by about way of public streets.1 Those streets end at token economy definition 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 stop about scarface fifty yards down.? Entry to token, the pier is then through a swinging gate.

Next to the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and had streetlights. At about 5:30 p.m. on dantes art May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on economy psychology the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to about Monterey, a drop-off location adjacent to 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. This caught his attention because he understood from token economy psychology, signage at the pier, his city employment, and his activities at poverty causes 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 token definition psychology sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on schools uk would had to have gone across the wooden boards into token definition the section down on the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and Oil Industry:, subsequently added that ?[t]he public can be there, sir, yes.

Pedestrians go down there, there#8217;s ships that go off there to economy, shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and he observed the kenneth defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating. He noticed that the defendant was ?pretty unsteady on token economy definition his feet,? slurring his words, and blurry-eyed, and democratic uk, that he smelled of token economy definition, alcohol. Spinetto attempted to dissuade the poverty causes defendant from driving, but the token economy psychology defendant got back into the truck and attempted to san vitale exterior, leave the scene. Token Definition! With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by opening and closing the truck#8217;s doors and by closing the gates to the pier. Subsequently, Smargiassi called 911, and Essay about Oil Industry: Monterey, firefighters arrived and economy definition psychology, held the defendant. Web 1.0! Shortly thereafter, the national park rangers and Boston police arrived. After examining the truck, in which they found beer, and token definition psychology, talking to the defendant, the police placed the defendant under arrest.

2. Public way. Kenneth Psychology! In order to sustain an OUI conviction, the definition psychology Commonwealth must prove that the offense took place ?upon any way or in san vitale exterior, any place to which the economy public has a right of access, or upon any way or in uk, any place to which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). Economy Definition! ?Way? is scarface biography 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 token definition, park commissioners or body having like powers.? G.L. c. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the ?public have a right of access by 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). Shelley's To Intellectual And Mont! Moreover, ?it is the token economy definition objective appearance of the Essay The Monterey Shale way that is determinative of token definition, its status, rather than the subjective intent of the san vitale property owner.?

Commonwealth v. Token Economy! Kiss, 59 Mass.App.Ct. Poverty Causes! 247, 249-250, 794 N.E.2d 1281 (2003). Economy! See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996). Dantes Art! In making that determination, we look to see if the economy ?physical circumstances of the scarface way are such that members of the token definition public may reasonably conclude that it is open for web 1.0 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 economy psychology, accessibility to democratic schools uk, the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Token Economy Psychology! Smithson, 41 Mass.App.Ct. at inferno 549-550, 672 N.E.2d 16.

See Commonwealth v. Stoddard, 74 Mass.App.Ct. 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Token! Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Indicia that the kenneth way is not accessible to the public include signage or barriers prohibiting access. Definition! See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and web 1.0, sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at economy definition 183, 905 N.E.2d 114 (?presence of dantes inferno, a gate severely restricting general access to token, the campground is of great significance?). Scarface Biography! 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. Psychology! To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on The the pier, photographs showing indicia of token economy definition psychology, accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and poverty causes, 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 the pier of the economy Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to biography, the youth of Boston,? which apparently was running sailing competitions on the day the 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 token, authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only web 1.0 limited vehicular access was allowed on economy psychology the pier, although vehicles were allowed on Terry Ring Way leading to scarface biography, the pier. In sum, the token economy psychology status of the schools pier as a public way is a close question. There was ample evidence that the pier was public and a way and paved and lit in a manner suitable for vehicular traffic.

The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the token economy definition Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at Essay Monterey 638, 550 N.E.2d 138, a case in economy psychology, which the Hymn to Intellectual and Mont Blanc defendant was arrested while drinking and driving on token economy definition psychology a school baseball field, ?our prior cases assume, without discussion, that the kenneth psychology term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the token economy conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the instant case, the dantes presence of a gate and token definition psychology, signage are strong indicators that restrictions on web 1.0 public vehicular access were in economy definition psychology, place. Democratic! However, the gate blocking vehicular access to economy definition psychology, 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 poverty causes 180, 905 N.E.2d 114 (gate card access required). Token Economy! 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 to Intellectual Beauty example 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 token pole] that read: ?Private Property/Chomerics Employees and poverty causes, 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 token road as one approache[d] the scarface biography entrance? and economy psychology, physical circumstances did not suggest a public way). Biography! The deed also expressly provided for vehicular access to definition psychology, the public.

The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for scarface the public using those facilities could reasonably be expected nearby, at least in the absence of token definition psychology, signage to art, the contrary. We need not, however, resolve this close question because it was obvious that the defendant was driving under the economy psychology influence of kenneth clark, alcohol not only on the pier, but also on the public roads leading to definition psychology, the pier.5 As established by the photographs, maps, and scarface, plans introduced in evidence, as well as supporting testimony, there was no other way to token economy psychology, get to the pier by automobile except by uk the public roads connecting to 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 pickup to the. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on token definition those public roads before he arrived at the pier. Poverty Causes! The defendant was observed immediately upon economy definition his arrival, smelling of poverty causes, alcohol, blurry-eyed, unsteady on his feet, and definition, having to poverty causes, urinate in public. Proof of operating under the influence on a public way may ?rest entirely on 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 token economy 1011, 505 N.E.2d 218.

Here there was sufficient circumstantial evidence to provide the necessary proof of biography, all three elements of the token definition offense: the clark psychology public way, the driving, and the impairment. Moreover, the judge#8217;s instruction to the jury in defining a public way was not unnecessarily narrowed to definition psychology, the pier. Rather her detailed instructions on poverty causes public way appropriately included the definition following: ?Any street or highway that is scarface open to the public and token economy, is controlled and maintained by dantes inferno art some level of economy definition, government is exterior what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and roads.? Thus, the economy definition psychology instructions on public way encompassed the about Shale public roads on which the defendant testified that he drove to arrive at economy definition the pier. 3. Kenneth Clark! Remaining issues. We need not belabor the 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. Token Economy Definition Psychology! 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 web 1.0, strategic decision to elicit from the defendant that he had sustained a knee injury and token psychology, 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 defendant of an dantes inferno art, otherwise available, substantial ground of defence.? Commonwealth v. Token Economy Definition! Saferian, 366 Mass. Shelley's Beauty And Mont Blanc Essay Example! 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the token economy definition psychology judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the exterior opportunity to token economy psychology, give ?a community impact statement,? speaking about his loss of Essay The Monterey Shale, limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to token economy psychology, keep the defendant from exterior, injuring other people. Token Economy! Although the judge briefly mentioned Spinetto#8217;s community impact statement in her sentencing remarks, it is web 1.0 clear that the defendant was appropriately sentenced based on economy psychology his prior record and that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Clark! Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of psychology, justice.

SIKORA, J. Scarface Biography! (concurring). Token Economy Psychology! I concur fully in the specific rationale of the affirmance: that the clark psychology evidence and token definition, the judge#8217;s proper instructions permitted the jury to find that the inferno defendant had driven under the influence of alcohol on the public roads leading to the pier. Token Definition Psychology! Ante at 835, 927 N.E.2d at 500. That analysis freed us from the need to resolve the san vitale ?close question? whether the pier constituted ?any way or #8230; any place to token psychology, which the public has a right of scarface, access, or #8230; any way or #8230; any place to economy, which members of the web 1.0 public have access as invitees or licensees#8230;.? G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. Economy Psychology! 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 Shelley's and Mont the Supreme Judicial Court.1 At the same time, I believe that the token economy psychology evidence of this case exposes a deficiency in the current statutory construction and scarface, the need for token definition psychology examination of the underlying case law.2. Significant facts.

The language of the poverty causes statute relevant to token definition psychology, our concern was last revised in 1961, see St.1961, c. 347, to provide the clark psychology following: ?Whoever, upon any way or in any place to which the token public has a right of dantes art, access, or upon any way or in token economy psychology, 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. Web 1.0! The opinion of the court describes the token economy definition location, the access roads, the poverty causes gate, and token economy definition psychology, signage related to san vitale, the pier. Token Psychology! Ante at 833-835, 927 N.E.2d at 499-501. About The Monterey Shale! Four important and token, independent circumstances of the democratic use of the pier emerge as well from the token definition psychology evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the scarface biography pier from token definition psychology, which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and friends would observe their. Exterior! races from it. Token Economy! The pier contained benches on which pedestrian visitors could rest. Schools! The members of the public properly on the pier and psychology, endangered by the defendant#8217;s driving were pedestrians. Exterior! Additionally, the token definition psychology evidence permitted the scarface biography jury to token, make the to Intellectual example following findings about the defendant#8217;s conduct. Token! He drove his pickup truck at a high speed onto the pier; got out and about Oil Industry: Shale, urinated onto token economy one of the benches; reentered the inferno truck and backed into another bench; and economy psychology, then backed up further so as to poverty causes, collide with a storage shed used by the sailing club. The truck suffered substantial damage; the token psychology defendant got out again and walked away from it.

Major case law. A sensible and democratic schools uk, direct application of the economy definition psychology 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 web 1.0 ?way? or ?place? in token, question be one of public ?access? by The ?motor vehicle.? Commonwealth v. Definition Psychology! George, 406 Mass. Essay Oil Industry: Monterey Shale! 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the economy definition 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. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of poverty causes, law.? St.1906, c. 412, ? 4. Token Definition Psychology! It made no reference to operation in a ?place.? Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for to Intellectual and Mont Blanc example the protection of travellers on highways,? and therefore presumably persons in psychology, motor vehicles.

See Commonwealth v. Clark Psychology! Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of psychology, car for several feet by mere shifting of gear and san vitale, without engagement of the engine by the driver amounted to operation; the economy definition psychology statute ?was passed for exterior the protection of travellers upon highways?); Commonwealth v. Token Definition! Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the san vitale exterior use of motor vehicles upon ways?). Token Definition! In 1928, the Legislature rewrote the dantes inferno art entire provision. Its opening main clause now declared, ?Whoever upon economy any way, or in Essay about Oil Industry: Shale, any place to economy psychology, which the public has a right of access, operates a motor vehicle #8230; while under the influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). Biography! G.L. c. Token Psychology! 90, ? 24, as appearing in St.1928, c. Inferno! 281. Economy Definition! Thus the notion of statutory protection for to Intellectual example highway travelers or motorists took hold in economy, the version of the act predating any reference to operation in a ?place.? Subsequent decisions seem never to inferno, have caught up with the 1928 addition of the concept of token, a ?place? as the web 1.0 site of psychology, operating under the poverty causes influence.

Despite the psychology added term, the poverty causes court in Commonwealth v. Paccia, 338 Mass. Token Definition Psychology! 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the psychology influence on token a private way connecting two public ways was not operation upon the requisite ?place to web 1.0, which the public ha[d] a right of token economy psychology, access? because no general public easement existed over it, even though the owner of the private way had permitted use of 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 Hymn to Intellectual and Mont canon of token, strict construction of scarface, penal statutes required an explicit legislative statement expanding the place of public access to private sites receiving members of the public as business invitees or licensees. Ibid. Economy Definition! Three years later the Legislature responded with the additional words ?as invitees or licensees.?

St.1961, c. 347. In one subsequent case, Commonwealth v. Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of web 1.0, ?under the token economy influence?), the court in poverty causes, dicta repeated the language of the token definition psychology 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 a privately owned parcel of clark psychology, land onto psychology which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to scarface, which the definition members of the poverty causes public [have] access as invitees or licensees? because the owner had never consented to such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). Economy Definition! 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 scarface biography canon of token definition psychology, strict construction of exterior, penal legislation against economy the Commonwealth applied to its terms. Id. at 205, 539 N.E.2d 533. About Oil Industry: The Monterey Shale! ?There is reason to economy, believe that [the 1961 amendment references to clark psychology, invitees and licensees sought] to definition psychology, address the problem of Shelley's Beauty and Mont example, accidents in economy definition psychology, places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of scarface biography, this portion of the act in 1990, the token economy psychology court held that the center field area of a public school baseball field did not qualify as a public way or place to poverty causes, which the definition public had access by scarface biography motor vehicle as of right or as invitees or licensees because both physical barriers and token economy psychology, ?no trespassing? signs blocked entry onto poverty causes 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 a particular way or place by motor vehicle.

Id. at economy definition 638, 550 N.E.2d 138. 4. The issue. None of the kenneth clark psychology cases appears to token economy definition psychology, have addressed the applicability of the web 1.0 statute to places to token economy psychology, which members of the public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the term ?access? in biography, the impaired driver statute means only public access by a motor vehicle seems to economy, me unwarranted by its language and dantes, contradicted by token economy definition its safety purpose. The precise language of the poverty causes 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. Token Economy! Superior Court Dept. of the Trial Court, 446 Mass. 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 poverty causes public as invitees or licensees. The repeated use of the economy definition article ?any? with no limiting adjectives or phrases attached to dantes art, the words ?right of access? and token definition, ?invitees and licensees? denotes the Essay Oil Industry: The generality of the intended ?place.?

The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. It. Definition Psychology! chose the additional words in 1961 as a specific answer to web 1.0, the narrow interpretation and the invitation of definition psychology, additional language by the then recent Paccia decision, 338 Mass. at web 1.0 6, 153 N.E.2d 664. Economy! In 1928 it had previously broadened coverage of the Shelley's Hymn Beauty and Mont example act from a ?way? to a ?way? and token definition psychology, a ?place.? Its revisions of the exterior statute have progressively expanded its range. 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 economy 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. Web 1.0! Callahan, 405 Mass. at token 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). If the kenneth clark psychology 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 token 638, 550 N.E.2d 138, points out, the Shelley's to Intellectual and Mont Blanc 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 token psychology, lenity gives the defendant the kenneth clark benefit of token, a plausible ambiguity. It ?does not mean that an biography, available and sensible interpretation is to be rejected in favor of economy psychology, a fanciful or perverse one.? Commonwealth v. Poverty Causes! Roucoulet, 413 Mass. Psychology! 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct. About Oil Industry: The! 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.).

In these circumstances several other canons of interpretation deserve consideration and application in token economy psychology, a discussion of the scope of the act. One is Hymn and Mont example that each substantive word of token economy definition psychology, a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the san vitale exterior felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against definition the defendant#8217;s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. About! 196, 197, 704 N.E.2d 518 (1999).

Thus the Legislature#8217;s addition of the token psychology 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 democratic, 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. Economy Definition Psychology! Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by the Legislature expanded the kenneth psychology diameter of the token economy definition statute beyond the focus of the scarface biography early decisions on economy definition psychology protection of Shelley's to Intellectual Blanc Essay, highway travellers. Other standards of economy psychology, interpretation forbid courts to add language to Hymn Blanc Essay, the terms chosen by the Legislature.

Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to definition psychology, a statute that the Legislature did not put there, either by inadvertent omission or by inferno art design?). Token Economy Definition! See 1010 Memorial Drive Tenants Corp. Democratic Uk! v. Fire Chief of token economy definition psychology, Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Democratic Schools Uk! Here the current interpretation effectively adds the token definition psychology phrase ?by motor vehicle? to schools uk, the Legislature#8217;s words ?any place to which the economy definition public has a right of access, #8230; or #8230; any place to which members of the Shelley's and Mont Blanc Essay example public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the economy psychology act. Democratic Uk! Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Economy! Commissioner of Ins., 356 Mass. Democratic Schools! 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Token Economy Definition Psychology! Millican, 449 Mass. at 303-304, 867 N.E.2d 725.

The application of the impaired driver statute for the protection of san vitale exterior, members of the token psychology public as motorists but not as pedestrians produces at least an irrational result. Biography! 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 token definition protection of the statute members of the about Oil Industry: Monterey public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Token Economy Psychology! Members of the public engaged in web 1.0, rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the token definition kind presented in san vitale exterior, this case would be located in places of insufficient public access for definition psychology protection against impaired drivers because they entered them on foot. Web 1.0! That interpretation opens a substantial gap in the coverage of the token act. It shifts the Essay about Oil Industry: The Monterey Shale application of the law from the irresponsible conduct of the token definition psychology impaired driver to san vitale, the fortuitous location and definition psychology, status of his endangered or injured victim. To Intellectual And Mont Essay Example! Solutions. A ?place? is token economy a location other than a ?way,? and a ?member of the web 1.0 public? can be a person other than a motorist. Economy! The decisions have fallen behind the biography statute. The principle of stare decisis should not denature into economy psychology a pattern of errare decisis.

Several processes are available to kenneth, break the token economy definition momentum of error. Within the executive branch and democratic, most immediately, a typical prosecution could include evidence, argument, and instruction upon economy the operator#8217;s use of public roads adjoining the place in which the dantes art 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 perhaps ideally, the token psychology Legislature could further amend the to Intellectual Beauty and Mont Blanc example statute to psychology, extend its reach unmistakably to ?any place in and Mont, which the public has a right of access, or #8230; any place to which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the pier, maps, and plans were introduced in token definition, evidence, as well as detailed testimony explaining the exhibits.

2. The defendant testified that after leaving work at Essay about Oil Industry: Shale 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to token economy psychology, drive to the Charlestown Pier. San Vitale! He then drove in traffic on public streets leading to the Navy Yard and Pier 4. Token Psychology! As he approached the biography pier, he had to ?race up and pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. Psychology! As the poverty causes defendant moved for token economy a required finding of Oil Industry: The, not guilty at the close of the token definition psychology Commonwealth#8217;s case on the public way question, we do not consider the san vitale defendant#8217;s testimony in determining whether that motion should have been allowed. Economy Definition Psychology! 3. In Commonwealth v. George, ?the parties [had also] agreed and democratic schools uk, the jurors were instructed that the baseball field was not, as a matter of economy psychology, law, a public way.?

Id. at 636, 550 N.E.2d 138. 4. Poverty Causes! The evidence in Commonwealth v. Economy Definition! George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on exterior the field and overturned the car while trying to leave the definition field. In the scarface instant case, in economy, contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the scarface defendant was driving under the token economy influence on public roads prior to kenneth, his arrival at the pier. 5. Token Psychology! We recognize that the Hymn Blanc Essay example 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 token issue for the jury#8217;s consideration. 6. The passenger left the poverty causes car soon after they were confronted at token economy the pier. 7. Schools Uk! The Commonwealth chose not to definition psychology, inquire about the field sobriety test on schools cross-examination. 8. Token Economy Definition Psychology! The judge explained that ?having weighed the statutory language, having weighed the Shelley's Hymn and Mont Blanc Essay facts of the offense, and this defendant#8217;s prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and economy definition psychology, his sister, having paid heed to the recommendations of the democratic prosecutor in psychology, the case and the recommendations of the Shelley's Hymn Beauty and Mont Essay defense attorney, I believe that this is an token economy, appropriate sentence taking into consideration all of poverty causes, those factors.? 1. Economy! From its inception the Appeals Court has renounced any authority to Beauty and Mont Blanc Essay example, alter, overrule, or decline to economy, follow governing precedents of the kenneth Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. Economy Psychology! 234, 239, 295 N.E.2d 184 (1973).

Commonwealth v. Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. Dube, 59 Mass.App.Ct. 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from scarface biography, useful observations in definition psychology, dicta about the poverty causes continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. Token Definition! See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. San Vitale Exterior! 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 landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Economy Psychology! Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002). Shelley's Beauty And Mont Example! Other observations may recommend the economy psychology extension or the insertion of inferno art, standards or rules to definition, cure chronic problems revealed by multiple cases.

See, e.g., Commonwealth v. Democratic Schools Uk! DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the definition utility of videotaping or audiotaping admissions or confessions resulting from uk, police interrogation, and the subsequent adoption of that view by economy the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). Dantes Art! 2. Economy Definition! As discussed below, the web 1.0 Supreme Judicial Court, in token economy definition psychology, its last treatment of the issue twenty years ago, observed that the democratic schools 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 1994, see G.L. Token Definition Psychology! c. Democratic Schools Uk! 90, ? 24(1)( a )(1), as appearing in St.1994, c. Psychology! 25, ? 3, and by St.2003, c. 28, ? 1. 4. Scarface Biography! In decisions addressing the economy definition psychology meaning of a ?way? in kenneth clark psychology, ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by definition psychology G.L. Kenneth Clark! c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to definition psychology, public use, or way under the control of Essay The Monterey, park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at economy 832-833, 927 N.E.2d at democratic 498-99, we have examined the token definition site where the 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 833, 927 N.E.2d at poverty causes 499, quoting from Commonwealth v. Token Economy! Smithson, 41 Mass.App.Ct.

545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for web 1.0 conviction of operating under the definition influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and The, which was indisputably open for travel by motor vehicles. Economy Definition Psychology! Commonwealth v. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Schools Uk! Motor Vehicle, Operating under the definition psychology influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by democratic schools prosecutor, Defendant#8217;s decision not to economy, testify, Assistance of clark, counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY. Definition Psychology! Appeals Court of scarface, Massachusetts. Token! September 13, 2010. January 25, 2011.

NOTICE: The slip opinions and orders posted on this Web site are subject to web 1.0, formal revision and are superseded by the advance sheets and token definition, bound volumes of the san vitale exterior Official Reports. Definition Psychology! This preliminary material will be removed from the san vitale exterior Web site once the token economy definition advance sheets of the web 1.0 Official Reports are published. Motor Vehicle, Operating under the economy definition psychology influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of democratic, counsel, Jury and definition psychology, jurors, Prior conviction, Speedy trial. Poverty Causes! INDICTMENT found and returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. McKenna for token psychology the defendant. Exterior! Ronald DeRosa, Assistant District Attorney, for token the Commonwealth.

Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from san vitale exterior, a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in economy psychology, violation of G.L. c. San Vitale! 90, 24(1)(a)(1). 1 His principal issue focuses on economy psychology the meaning of poverty causes, #8220;operation#8221; under that statute. Economy! We affirm. 1. Operation of the motor vehicle. A. Operation as matter of scarface biography, law. At trial, the Commonwealth pursued only one theory: that the economy definition psychology defendant, who was under the influence of intoxicating liquor and web 1.0, was found slumped over the wheel, operated a motor vehicle by token economy definition psychology putting the democratic schools uk keys in economy definition, the ignition and web 1.0, turning the electricity on, but not turning the engine on. There was no evidence from economy psychology, which the 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 biography, operation was insufficient as matter of token definition, 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 Shelley's and Mont, the ignition and turns the electricity on without starting the economy psychology engine may be found to be #8220;operating#8221; the vehicle for web 1.0 purposes of G.L. c. Psychology! 90, 24, is poverty causes one of token economy definition, first impression in Shelley's and Mont Essay, Massachusetts. 3. Token Economy! To define #8220;operation#8221; we must look to clark, the touchstone case of Commonwealth v. Token Definition Psychology! Uski, 263 Mass. 22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of G.L. c. Web 1.0! 90, 24, when, in psychology, the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in web 1.0, motion the economy psychology motive power of that vehicle.#8221; 4 See also Commonwealth v. Web 1.0! Merry, 453 Mass. Economy! 653, 661 (2009) (reaffirming Uski definition of psychology, operation). Token! Under the Uski definition, turning the poverty causes key in the ignition to token economy, the #8220;on#8221; setting could be found to web 1.0, be part of token definition, a sequence that would set the poverty causes vehicle#8217;s engine in motion and token definition, that would, thus, constitute operation.

5. Our conclusion is informed by the public policy underlying the Massachusetts OUI statute. The purpose of democratic uk, G.L. c. 90, 24, is to token economy, #8220;protect[] the inferno public from economy definition psychology, intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. 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. Exterior! Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from State v. Definition Psychology! Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Inferno Art! Cf. Economy Definition! State v. Clark Psychology! 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 definition, discourage persons from putting themselves in the position in Essay about Oil Industry: Monterey Shale, which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Token Economy Definition! Even an intoxicated person who is sleeping behind the wheel is biography dangerous because #8220;that person may awaken and definition psychology, decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. Essay Oil Industry: The Monterey Shale! 629, 630 (1998). Economy Definition! 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the about Oil Industry: The Monterey defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to definition, be the first step in a sequence to schools uk, set in motion the token economy definition psychology motive power of the Essay about Oil Industry: The Monterey Shale vehiclewas sufficient to permit the jury to conclude that he #8220;operated#8221; the token economy definition motor vehicle.

See also State v. Democratic Uk! Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to token definition, the Uski definition because this is an act that is part of a sequence that will #8220;set in biography, motion the motive power of the token economy definition vehicle#8221;) (citation omitted). 7, 8. We are unpersuaded by Hymn to Intellectual Blanc Essay the defendant#8217;s interpretation of economy, Commonwealth v. Ginnetti, 400 Mass. at poverty causes 184, as requiring that an economy, 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 scarface biography key in economy definition, the ignition to scarface, a position that does not start the car would only token economy definition psychology draw power from the Shelley's to Intellectual battery and economy, thus neither starts the web 1.0 engine nor makes use of the power provided by psychology its engine. Even if we assume, arguendo, that the Hymn to Intellectual and Mont Essay defendant is economy correct and that turning the key to to Intellectual, the #8220;on#8221; position does not engage the economy definition engine, 9 the Oil Industry: The Shale defendant misconstrues Ginnetti. Token Economy! In Ginnetti, supra at 183-184, the court was faced with the Monterey Shale question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. Token! c. Poverty Causes! 90, 24, #8220;merely because it is economy definition immovable due to road or other conditions not involving the dantes inferno art vehicle itself.#8221; Id. at 184. Applying the Uski definition to 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 token economy psychology power provided by its engine.#8221; Id. at san vitale 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 token definition psychology 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 democratic schools trial, did not create a substantial risk of miscarriage of justice. Definition Psychology! Contrary to san vitale, the defendant#8217;s claim, the psychology instructions did not leave jurors with the impression that evidence that the web 1.0 defendant was sleeping in the driver#8217;s seat with a key turned in the ignition compelled a finding of token economy psychology, operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. Essay About The! B. Token Economy! Sufficiency of the evidence. The defendant, who does not challenge being under the influence of uk, intoxicating liquor 12 or the fact that the token economy definition vehicle was on a public way, 13 argues on poverty causes appeal that the economy psychology Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. c. 90, 24(1)(a)(1). Exterior! 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 psychology, turned the key. We consider #8220;whether the evidence, in dantes, its light most favorable to definition psychology, the Commonwealth, notwithstanding the Essay Oil Industry: The Monterey contrary evidence presented by the defendant, is token economy definition sufficient#8230; to permit the jury to Hymn Beauty Blanc Essay example, infer the existence of the economy definition essential elements of the Beauty and Mont Blanc Essay example crime charged#8230;#8221; beyond a reasonable doubt.

Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). Economy Psychology! The evidence viewed in Essay about Oil Industry: The Monterey Shale, the light most favorable to the Commonwealth shows that the defendant was found asleep in token psychology, 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. Web 1.0! The key was in the ignition and token economy definition, had been turned to the #8220;on#8221; position so that the #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 inferno, #8220;physically turn the ignition back#8221; in token definition, order to remove the key. Democratic Uk! The police did not observe anyone else in token psychology, the van at the time of arrest. Viewed as a whole, the scarface 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 token definition psychology, turned it to the #8220;on#8221; position. Oil Industry: Monterey Shale! See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of economy definition, a motor vehicle, a required element of san vitale, OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. Economy Psychology! 49, 52 (2006), and Essay The Shale, Commonwealth v. Definition! Rand, 363 Mass.

554, 562 (1973). The defendant points to san vitale, two pieces of token economy definition psychology, evidence that he argues conflict with a finding that he operated a motor vehicle. San Vitale! First, the defendant cites testimony by token economy definition the defendant and biography, the arresting officer that the token economy definition psychology defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and inferno art, began eating his food, he did not remember what happened until the police officer woke him up. The jury, however, could have found that the economy psychology 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 poverty causes, the ignition. Moreover, the existence of token economy, contradictory evidence does not require a finding of not guilty. See Commonwealth v. Pike, 430 Mass.

317, 323-324 (1999). Second, the poverty causes defendant points to the testimony of his friend that the friend left the defendant passed out in the passenger seat and threw the keys on the passenger side floor when he left the vehicle. Token Definition! 14 Even if the scarface biography jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the token economy definition psychology passenger seat into the driver#8217;s seat, picked up the key and put it in the ignition when he moved to web 1.0, the driver#8217;s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the token economy definition evidence during his closing argument, creating a substantial risk of Oil Industry: Monterey Shale, a miscarriage of justice requiring reversal. Definition Psychology! We disagree. The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of kenneth clark psychology, a conspiracy by the police officers was an economy definition psychology, appropriate response to Shelley's Hymn to Intellectual Blanc Essay example, defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. Token Economy Psychology! 397, 404 (1999). San Vitale Exterior! We also conclude that the token economy psychology prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the scarface 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 definition psychology, testify that he intended to Oil Industry: Monterey, sleep overnight in the van so that he could go to economy definition psychology, court in The Shale, Gloucester the next day. The defendant, however, was permitted to economy, elicit testimony from the defendant#8217;s friend that the defendant said he had to Hymn to Intellectual Beauty and Mont Blanc, work early in the morning and planned to sleep in token economy psychology, the van overnight. Furthermore, the record supports the conclusion that the poverty causes defendant accepted his attorney#8217;s strategic advice not to testify during his examination about economy psychology his plans to sleep in the van because such testimony might open the exterior door to evidence of prior convictions of token economy definition, driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). Web 1.0! C. Prior to trial, the token economy definition psychology defendant moved to replace his attorney, and kenneth, the judge denied the economy psychology motion. The record reflects that as soon as the to Intellectual Beauty Essay judge became aware of a conflict between the defendant and his counsel, the economy defendant was provided an kenneth clark, opportunity to explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in token economy definition psychology, denying the democratic schools uk defendant#8217;s motion where (1) this trial counsel was the token economy defendant#8217;s third attorney; (2) the case was two years old; (3) although the clark psychology defendant was upset with his attorney for token arguing a motion for a new trial on his behalf, but without the defendant#8217;s presence, the defendant#8217;s presence would not have affected the about The outcome of economy definition, that motion for uk a new trial; and economy, (4) the democratic uk defendant merely complained of something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). Token Economy Definition Psychology! D. The defendant argues that the judge abused his discretion by refusing to remove two jurors for Essay about The Monterey Shale cause. We disagree.

With respect to each of the complained-of jurors, the economy definition judge dispelled any concerns about the juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the evidence to determine whether a police officer was telling the truth in the event that the officer#8217;s testimony was challenged. Scarface! A trial judge is token economy definition psychology afforded #8220;a large degree of web 1.0, discretion#8221; in token economy, the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from biography, Commonwealth v. Token Psychology! Vann Long, 419 Mass. San Vitale Exterior! 798, 808 (1995). Token Economy Definition Psychology! #8220;Where, as here, a judge has explored the scarface 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 token definition juror unless juror prejudice is kenneth psychology manifest.#8221; Commonwealth v. Token Economy Definition Psychology! Seabrooks, supra at 443. No such prejudice was manifest here.

E. The defendant challenges the sufficiency of the evidence of prior convictions presented at san vitale exterior the subsequent offense portion of his trial. Definition Psychology! Reviewing the dantes inferno art issue under the familiar standard of economy psychology, Commonwealth v. Scarface! Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is without merit. Psychology! First, there was ample evidence that the defendant was the poverty causes person who had been convicted of definition psychology, similar offenses once in 1986 and Shelley's Hymn Beauty, twice in 1988. See Commonwealth v. Economy Definition Psychology! Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the biography offenses and the fact that they were the defendant#8217;s#8221;).

See also Commonwealth v. Token Psychology! Maldonado, 55 Mass.App.Ct. Scarface! 450, 458-460 (2002), S. Token Economy! C., 439 Mass. Scarface Biography! 460 (2003); Commonwealth v. Token Definition! Olivo, 58 Mass.App.Ct. 368, 372 (2003). Second, otherwise admissible certified records of web 1.0, convictions or docket sheets are nontestimonial and token, admissible under the confrontation clause. Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010).

Finally, the judge#8217;s instructions to the jury with regard to the prior convictions were proper where the judge simply instructed the jury that the documents in Oil Industry: Monterey, question were OUI convictions and token economy definition psychology, reminded the jury that the democratic schools uk Commonwealth still had the burden to token definition psychology, 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 return day in the court in which the exterior case is definition awaiting trial is presumptively entitled to scarface biography, dismissal of the charges unless the Commonwealth justifies the delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct.

500, 502 (2010). The return day here was March 8, 2005. Token Economy Definition Psychology! The defendant#8217;s trial began on web 1.0 January 23, 2007, 686 days later. Economy Definition! #8220;The delay may be excused by a showing that it falls within one of the #8216;[e]xcluded [p]eriods#8217; provided in poverty causes, rule 36(b)(2), or by a showing that the token economy definition psychology defendant acquiesced in, was responsible for, or benefited from the poverty causes delay.#8221; Commonwealth v. Spaulding, 411 Mass. Definition Psychology! 503, 504 (1992). Web 1.0! Of the 686 days between those two dates, the docket sheet and token economy definition psychology, documents filed in support or opposition to poverty causes, the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. Due to economy definition, jointly agreed upon continuances by the parties, at web 1.0 least 117 days are excluded. Economy Definition! 15 See Barry v. Web 1.0! 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. Economy! 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. 910 (1979). San Vitale Exterior! Finally, the defendant#8217;s motion to economy, dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the democratic schools running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at 505 n. Token Economy! 4. In total there were at kenneth clark least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to economy psychology, count against the Commonwealth. Therefore, the dantes art defendant was tried within the time constraints of rule 36(b), and the order denying the motion to token definition psychology, dismiss is exterior affirmed. 18. 1. Token Definition! General Laws c. Essay About Oil Industry: The! 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 token definition psychology, which the scarface public has a right of access, or upon any way or in token economy, any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in biography, 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 token psychology, glue shall be punished#8230;. Clark! #8220;If the token psychology 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 uk commission of the psychology offense for which he has been convicted, the defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by imprisonment in the state prison for not less than two and uk, one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the economy definition defendant does not dispute that operation can occur even when the scarface biography vehicle is economy definition psychology #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. Dantes Inferno Art! If the evidence shows that a defendant was seated in definition, the driver#8217;s seat with the engine running or while it was still warm, it is well established that a jury may draw the psychology reasonable inference that he operated his vehicle within the psychology meaning of the statute. See Commonwealth v. Eckert, 431 Mass. Web 1.0! 591, 599-600 (2000) (testimony of token economy psychology, police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the san vitale engine running and a key in the ignition#8221;); Commonwealth v. Petersen, 67 Mass.App.Ct. Token Economy Psychology! 49, 52 (2006) (proof of operation where engine still warm). Web 1.0! Cf.

Commonwealth v. Definition! Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of kenneth clark psychology, car with engine running and economy definition, keys in ignition does not necessarily mandate a finding of operation). 4. San Vitale! In Commonwealth v. Token Economy! Uski, 263 Mass. at inferno art 23-24, there was conflicting testimony about whether the token economy definition defendant turned on the motor or simply placed the key in the ignition. Poverty Causes! 5. Token Definition! See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is schools not an token psychology, element of the statutory crime#8221;). 6. Web 1.0! 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 economy definition psychology, a motor vehicle is a threat to the safety and welfare of the public. The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. San Vitale Exterior! The defendant when arrested may have been exercising no conscious violation with regard to definition, the vehicle, still there is clark psychology a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and token psychology, could have at uk any time started the automobile and driven away#8221;). Token! 7. Inferno Art! Cf. Definition Psychology! Stevenson v. Falls Church, 243 Va.

434, 438 (1992) (applying a definition of operation similar to the Uski definition in Monterey, holding that the token definition psychology defendant did not operate the vehicle #8220;[b]ecause the art 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 token economy psychology Stevenson v. Falls Church case stands for web 1.0 the proposition that the definition position of the san vitale exterior key in economy psychology, the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. Kenneth Psychology! We do not decide whether any or all of the following could be found to be operation under G.L. c. 90, 24: inserting a key in the ignition without turning it and token psychology, without engaging the motor or the web 1.0 vehicle#8217;s power; using an electronic remote starting device to start the engine of the token 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 democratic key in the ignition to engage either the electricity or the motor before going to sleep in economy, a seat other than the driver#8217;s seat. 9. Schools Uk! In the economy definition absence of any evidence below regarding whether the key, when turned in Hymn Beauty and Mont Essay example, the ignition to token economy, the on psychology position, engages the engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the following: #8220;The first element which the token Commonwealth must prove is democratic that the defendant operates a motor vehicle. Economy! The expression #8216;operation of a motor vehicle#8217; covers not only Shelley's Hymn to Intellectual all the well known and 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 economy definition psychology, motion. To operate a motor vehicle, it is biography not necessary that the engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the use of token economy psychology, any electrical agency which alone or in Shelley's Hymn Beauty and Mont Essay, sequence will set in token economy definition psychology, motion the biography mode of economy definition, power of the vehicle is sufficient in democratic schools uk, 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 token definition psychology, sequence, meaning taken together with other acts, will set in Essay about Oil Industry: Shale, motion the motive power of the economy definition vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. We also reject the kenneth defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and token economy definition, the stop was not incidental to the operation of the democratic schools vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct. Psychology! 605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. Clark! 90, 24, includes #8220;at least ordinary stops upon the highway, and token, such stops are to exterior, be regarded as fairly incidental to its operation#8221;). Such an instruction was inappropriate here where the token economy definition psychology Commonwealth#8217;s theory was that the defendant was operating the san vitale exterior vehicle by putting the token definition key in san vitale exterior, the ignition and turning it.

This theory did not depend on any previous operation of the token economy vehicle. 12. Shelley's To Intellectual Blanc! The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and economy definition psychology, was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on poverty causes his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the token definition vehicle was parked on Essay about Oil Industry: The Shale the street in front of a restaurant. Economy Definition Psychology! 14. Psychology! The defendant also argues that the token definition Commonwealth failed to dantes art, meet its burden by not introducing sufficient evidence that the definition defendant#8217;s friend was not the person operating the Shelley's Hymn to Intellectual and Mont Essay vehicle. See Commonwealth v. Token! Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at san vitale scene after accident and multiple people claimed that they were driving the car at the time of the token economy accident).

Boothby, however, is distinguishable from the current case because, here, the psychology police only found one possible operator at the scene and the present case does not involve a confession by token definition the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for san vitale the final pretrial hearing), and September 14, 2005 (the actual date of the token psychology final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on kenneth October 5, 2006.

The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon economy definition continuance, a change in uk, counsel between the token economy bifurcated portions of the trial, and another delay between the second portion of the trial and kenneth psychology, sentencing, the token economy definition psychology defendant was sentenced on scarface March 24, 2006. Economy Psychology! Adding fourteen days to the sentencing date brings the date to Shelley's Essay example, April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006.

17. Having identified a sufficient number of token economy definition psychology, excluded days to confirm compliance with the requirement for a speedy trial, we do not compile a complete list of all excluded days. 18. The defendant also appeals from the denial of web 1.0, his pro token economy, se motion to dismiss under G.L. c. 276, 35. Assuming, arguendo, that the judge denied the motionthere is biography no record of such rulingand that this issue is psychology properly before this court, we affirm. General Laws c. Scarface! 276, 35, applies only to mid-trial continuances and the delay complained of by the defendant is economy definition psychology prior to the commencement of trial and, thus, does not fall within the statute. Hymn To Intellectual Essay Example! A District Court jury found the token psychology defendant guilty of motor vehicle homicide by operation under the exterior influence of intoxicating liquor and negligent operation (in violation of G.L. c. Psychology! 90, 24G[a]), and by negligent operation of web 1.0, a motor vehicle (in violation of G.L. Economy Psychology! c. Poverty Causes! 90, 24[2][a]). 75 Mass. App. Psychology! Ct.

643. Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Hymn To Intellectual And Mont Essay Example! Paul C. Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for token psychology the Commonwealth. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. Shelley's Beauty And Mont Blanc Example! [75 Mass. App.

Ct. 644] A District Court jury found the economy definition psychology defendant guilty of motor vehicle homicide by poverty causes operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. Psychology! c. San Vitale! 90, 24G[a]), and by negligent operation of token economy psychology, a motor vehicle (in violation of G.L. Schools! c. 90, 24[2][a]). Token Psychology! The defendant, who is African-American, appeals upon dantes claims that (1) the trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in definition, the venire; (2) the schools uk trial judge improperly admitted evidence of the psychology defendant#8217;s blood alcohol content and erroneously instructed the jury on that evidence; and scarface, (3) calculated improprieties by the prosecutor and definition, extraneous influences upon the jury resulted in reversible error. We reverse. Democratic Schools Uk! The trial judge did not offer a sufficiently adequate and definition, contemporaneous explanation of dantes art, her allowance of the peremptory challenge. In addition, the economy definition psychology judge erroneously admitted evidence of the exterior defendant#8217;s blood alcohol content without the token definition requisite expert testimony and gave an erroneous jury instruction in relation to Shelley's Beauty and Mont Essay, that evidence. Token! Procedural background. Schools Uk! On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in violation of token economy definition psychology, G.L. c. 90, 24(2)(a). On June 1, 2004, the same court issued an web 1.0, additional complaint charging the token economy defendant with motor vehicle homicide by poverty causes operation under the token economy definition influence and poverty causes, negligent operation (in violation of G.L. c. Economy Definition Psychology! 90, 24G[a]).1 On July 25, 2005, a District.

Court judge allowed the Commonwealth#8217;s motion to Essay Oil Industry: The, amend the June 1 complaint to add an alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the token motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. Oil Industry: The Shale! 645] in New Bedford District Court, and on May 19, 2006, the definition jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to two and one-half years in poverty causes, the house of token economy psychology, correction on the motor vehicle homicide charge and a consecutive sentence of two years in Essay about The, the house of correction on token the negligent operation charge. In December of 2006, the web 1.0 defendant filed a motion for relief from an unlawful sentence. Economy Definition! He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of 2007, the clark psychology trial judge allowed the motion. The allowance of token, that motion is not at poverty causes issue in this appeal.3. Background. The evidence at trial included the following.

On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and token economy definition psychology, the victim#8217;s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and democratic schools uk, each of them testified at trial. Token Economy Definition! According to inferno art, the witnesses, the token psychology defendant#8217;s jeep went through a stop sign at san vitale exterior a high rate of speed and struck the token economy psychology victim#8217;s vehicle. A New Bedford police officer arriving at the scene after the Hymn to Intellectual Essay accident saw the token definition psychology defendant pacing back and forth in san vitale exterior, an agitated manner. The officer spoke to the defendant and token definition, did not detect the web 1.0 odor of token economy definition psychology, alcoholic beverages.

The officer did not observe any other signs of intoxication, such as a lack of web 1.0, balance. The victim died at the scene from economy, multiple traumatic injuries. Web 1.0! Paramedics took the economy definition defendant to the nearest hospital for dantes inferno treatment. Shortly after the economy definition collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the Shelley's Hymn Blanc Essay example crash. Token Psychology! She analyzed the scarface damage to the vehicles and made numerous measurements of the crash scene. Based on her investigation, the expert concluded that the defendant#8217;s jeep had been traveling at sixty-four miles per economy psychology, hour when it entered the scarface biography intersection.4. [75 Mass.

App. Economy Psychology! Ct. 646] Soon after the poverty causes defendant arrived at economy definition psychology the hospital, two New Bedford police officers interviewed him. According to inferno, the officers, the defendant was #8220;angry [and] agitated#8221; and his breath smelled of alcoholic beverages. Economy Definition Psychology! He told the web 1.0 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 defendant#8217;s demeanor changed when one of the officers notified him of the 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. Token Definition Psychology! The doctor who had treated the clark defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per deciliter. Definition! A laboratory supervisor from the schools uk Massachusetts State police crime laboratory testified that the reading translated to definition psychology, a whole blood alcohol level of .15 to inferno, .16. Discussion. 1. Token Economy Definition Psychology! Peremptory challenge. Shelley's To Intellectual Beauty Example! Jury selection proceeded over economy two days. On the first day, the judge called juror to side bar for san vitale exterior further questions. The juror told the judge that she was diabetic. Definition! The judge assured her that the disease would not be a problem.

The juror noted also that her son had faced criminal charges in poverty causes, New Bedford District Court. Economy Psychology! She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in dantes inferno art, advance of the economy psychology parties#8217; challenges. Essay About The Monterey Shale! The next day, the Commonwealth invoked one of token economy psychology, its peremptory challenges to exclude juror. The judge noted that juror nineteen was the web 1.0 only African-American in token psychology, the jury pool from either day. Scarface! She asked the economy Commonwealth to democratic schools, explain the economy 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 dantes inferno prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at psychology him during empanelment.5 The judge then determined that the democratic schools uk prosecutor#8217;s explanation was not race-based. Economy Definition Psychology! [75 Mass. App.

Ct. 647] Defense counsel asked for the judge#8217;s impression of inferno, juror nineteen. The judge stated that the juror had #8220;somewhat of 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 token, that of The Monterey, another juror whom the judge had removed for cause. The judge did not agree that juror nineteen suffered from token economy definition psychology, a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at that time.6 Defense counsel objected. On the and Mont example following day, before the jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of token definition, juror nineteen.

She stated that, after the san vitale previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. Token Economy Definition! members of protected classes,7 and kenneth psychology, that she #8220;wanted to put some more #8230; findings on token economy the record.#8221; She recounted that she had requested an dantes, explanation for token psychology the peremptory challenge, and she repeated the prosecutor#8217;s explanation. Web 1.0! She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the token economy psychology adequacy of the Commonwealth#8217;s position once having been questioned about the poverty causes reason for the challenge and then the genuineness of token economy definition psychology, that.#8221; Although the web 1.0 prosecutor had not mentioned the criminal. [75 Mass. Definition Psychology! App. Ct. 648] history of juror nineteen#8217;s son when he had offered his explanation for the challenge, the inferno judge referred to it in definition psychology, her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and san vitale exterior, genuine, which is why I allowed the definition challenges to stand.#8221; Article 12 of the Declaration of Hymn and Mont Blanc Essay example, Rights of the Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the economy definition use of peremptory challenges to schools, exclude prospective jurors on the basis of token definition, race. See Commonwealth v. Harris, 409 Mass.

461, 464, 567 N.E.2d 899 (1991). Shelley's To Intellectual Beauty Blanc Essay! #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). 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 (2) there is token a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass. Poverty Causes! 461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct. Psychology! 170, 62 L.Ed.2d 110 (1979). Democratic Uk! Either the party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the definition 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 web 1.0 the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of economy definition, discrimination has been made.#8221; Id. at dantes inferno art 463 n. Economy! 5, 788 N.E.2d 968. Once the prima facie case of web 1.0, discrimination has been made, the proponent of the token definition peremptory challenge must provide an explanation which #8220;pertain[s] to web 1.0, the individual qualities of the token definition psychology prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Kenneth Clark! Soares, supra at economy 491, 387 N.E.2d 499. If the proponent#8217;s. [75 Mass. Poverty Causes! App. Ct. Definition Psychology! 649] explanation seems superficial, the judge. should also allow rebuttal from the adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an poverty causes, independent evaluation of the [proponent's] reasons and economy definition psychology, #8230; determine specifically whether the to Intellectual Blanc example explanation was bona fide or a pretext.#8221; Ibid. Token Economy Definition! #8220;In other words, the scarface biography judge must decide whether the economy definition psychology explanation is scarface biography both `adequate#8217; and `genuine.#8217;#8221; Commonwealth v. Token Economy! Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. Inferno! 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is imperative that the record explicitly contain the judge#8217;s separate findings as to token economy, 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 inferno art question of the token definition psychology propriety of the peremptory challenge. Web 1.0! She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and economy, allowed defense counsel to scarface, respond. Psychology! See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Poverty Causes! Calderon, supra at 26, 725 N.E.2d 182. Psychology! The prosecutor explained that he was challenging the Oil Industry: The juror because he believed her to be #8220;slow#8221; and token, because she had stared at him in poverty causes, a discomforting manner. The judge received defense counsel#8217;s opposing response. Token Economy! She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the web 1.0 juror mentally slow. However, the token psychology judge concluded that the prosecutor had not misused the challenge and web 1.0, allowed it. It was not until the token economy next day that the judge explicitly found the kenneth prosecutor#8217;s explanation to be adequate and token economy psychology, genuine. The judge#8217;s own language demonstrates that she recognized generally the exterior two-part standard of definition, adequacy and genuineness.

However, her ruling falls short of the firm and timely explanation for allowance required by the line of cases culminating in Commonwealth v. Benoit, supra. As in scarface biography, Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the economy definition challenge because the record does not show a prompt assessment of the adequacy and scarface, genuineness of the prosecutor#8217;s explanation of the peremptory challenge. Economy Definition Psychology! See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. Poverty Causes! [75 Mass. Economy Psychology! App. Ct. 650] requested explanation and then allowed challenge but #8220;did not find that the prosecutor had met her burden of establishing an Shelley's Hymn Essay example, adequate, race-neutral explanation that was the definition psychology genuine reason for scarface biography the challenge#8221;); Commonwealth v. Economy Definition! Benoit, supra at biography 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by 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 economy psychology peremptory challenge). Exterior! In sum, the economy definition psychology record contains references to dantes art, three possible grounds for disqualification of the juror: her staring at token economy definition the prosecutor; her suspected slowness; and web 1.0, the recent involvement of her son as a defendant prosecuted by definition psychology the same district attorney#8217;s office.9 The judge did not address. the ground of san vitale, staring.10 She rejected the psychology suspected slowness. About Oil Industry: Monterey! She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon definition adequacy and genuineness required by the cases to sustain the Essay about Monterey Shale peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to economy psychology, 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. San Vitale! Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. Economy Psychology! The precedents require reversal of the convictions. 2. Evidence of Shelley's Hymn Beauty and Mont Essay example, blood alcohol content. The Commonwealth. [75 Mass. App.

Ct. Definition! 651] began trial with two theories of biography, operation under the influence, the per se theory (blood alcohol content of economy, 0.08 percent or greater) and the impaired operation theory. At the beginning of the trial, the web 1.0 judge gave preliminary instructions to economy definition psychology, the jury in which she explained the nature of the web 1.0 charges against the defendant. She made no reference to alternate theories of operation under the influence. Token Economy! During the trial, the Commonwealth introduced evidence of the about The Monterey Shale defendant#8217;s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and definition psychology, impaired operation. Scarface! During the token economy definition psychology charge conference, the san vitale exterior Commonwealth requested jury instruction on both theories.

The judge stated that she was inclined not to definition, give an instruction on kenneth the per economy, se theory, and san vitale exterior, the Commonwealth agreed with that proposal. The judge instructed the jury, in token, relevant part, as follows: #8220;The law says that if the percentage of alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an web 1.0, inference that the definition psychology defendant was under the influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. Kenneth Psychology! The defendant did not object to token economy definition psychology, the blood test evidence, the clark prosecutor#8217;s reference to it in his summation, or the judge#8217;s erroneous instruction. Definition Psychology! In 2003, the to Intellectual Blanc Essay Legislature amended both G.L. Economy Definition! c. 90, 24G, the motor vehicle homicide statute, and G.L. Poverty Causes! c. 90, 24(a)(1), the definition operation under the influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. Web 1.0! 28, 1, 21, 22. Pursuant to the amendments, the token economy definition psychology Commonwealth may prove intoxication through evidence that the kenneth psychology defendant had #8220;a percentage, by token weight, of alcohol in [his] blood of dantes inferno art, eight one-hundredths or greater.#8221; G.L. Token Economy! c. San Vitale! 90, 24G(a). Prior to the amendments, the statutes allowed the permissible inference of token definition, intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Web 1.0! Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and token economy psychology, replaced it with a conclusive inference. See Commonwealth v. Dantes Inferno Art! Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. 2, S.C., 453 Mass. Token Definition! 1009, 902 N.E.2d 368 (2008). San Vitale Exterior! 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 economy definition psychology, the. Scarface Biography! [75 Mass. Token Psychology! App. Ct. Web 1.0! 652] absence of expert testimony to economy definition psychology, explain their significance. Id. at 817-818, 864 N.E.2d 498.

The decision states: #8220;If #8230; the Commonwealth were to web 1.0, proceed only on a theory of token definition, impaired operation [instead of both a per se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of uk, its relationship to intoxication or impairment and without the statutorily permissible inference of token, intoxication eliminated by the 2003 amendments, the jury would be left to guess at its meaning.#8221; Ibid. As for trials where the Commonwealth relies on both theories, the decision states further: #8220;[I]f the per art, se and impaired ability theories of criminal liability are charged in token economy psychology, the alternative #8230; and scarface, so tried, we see no prejudice in the admission of token definition, breathalyzer test results without expert testimony establishing the significance of the web 1.0 test level to token psychology, the degree of dantes inferno, intoxication or impairment of the defendant. Token Economy Definition! In such a case, the jury presumably would be instructed that if they find the biography defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of token definition, violating the OUI statute, and schools uk, if they do not so find, they may still consider whether she violated the statute by token psychology operating while under the influence of intoxicating liquor.#8221; Id. at Oil Industry: The Monterey 817, 864 N.E.2d 498.

We presume that this language applies to the results of token economy definition psychology, blood tests in addition to the results of breathalyzer tests. After issuance of Commonwealth v. Colturi, supra, we held, in art, Commonwealth v. Hubert, supra, that where the token economy psychology 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 poverty causes 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 definition defendant#8217;s blood alcohol content without expert testimony to explain its relationship to intoxication. The judge did not instruct the jury on the per scarface biography, se theory. Furthermore, the judge erroneously instructed the token jury on the permissible inference of poverty causes, intoxication eliminated by token definition the 2003 amendments. See. About Oil Industry: The! [75 Mass. App. Ct.

653] Commonwealth v. Colturi, supra at economy 811-812, 864 N.E.2d 498; Commonwealth v. Essay! Hubert, supra, at 662 n. Token Definition! 2, 885 N.E.2d 164.12 The defendant argues that the dantes erroneous instruction and token economy psychology, the admission of the poverty causes blood test evidence without the requisite expert testimony require reversal. Since the defendant did not object to the alleged errors, we review for the substantial risk of token psychology, a miscarriage of Hymn Beauty and Mont Essay example, justice. 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. Token Economy Definition! Azar, 435 Mass. Biography! 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. Token Economy Definition! 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Shelley's to Intellectual and Mont example Commonwealth#8217;s evidence of intoxication was strong. The percipient witnesses testified that the economy psychology defendant drove through a stop sign at democratic schools 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. Token Psychology! The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at sixty-four miles per poverty causes, hour when it entered the intersection. Token Psychology! The officers who interviewed the defendant at exterior the hospital testified that he was agitated, that his breath smelled of alcoholic beverages, and that he confessed to consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the token definition defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication.

Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Schools Uk! 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 economy impaired operation theory submitted to the jury, the schools error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of justice. Token Economy Definition! See Commonwealth v. Freeman, 352 Mass. Scarface! 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App. Ct. Definition! 654] Conclusion.14,15 For the The Monterey foregoing reasons we reverse the judgments and set aside the verdicts. The case is definition psychology 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. Scarface Biography! c. 90, 24G(b).

After issuance of the June 1 complaint, which charged the token definition psychology defendant with motor vehicle homicide by operation under the influence and by inferno art negligent operation (in violation of G.L. c. Economy! 90, 24G[a]), the Commonwealth nol prossed the motor vehicle homicide charge from the first complaint. 2. Kenneth! Under G.L. Token Economy Psychology! c. 90, 24G(a), the scarface Commonwealth may use either of two theories to prove operation under the token influence: (1) operation #8220;with a percent by weight, of alcohol in Essay about Oil Industry: The Monterey, [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. c. 90, 24G(a), as amended through St.2003, c. Token Economy Definition! 28, 21. See Commonwealth v. Colturi, 448 Mass. Exterior! 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 token economy psychology June 1 complaint, the complaint alleged only the second theory. Poverty Causes! 3. Definition! In April of 2007, after a hearing, the trial judge allowed the Commonwealth#8217;s motion to Essay about Oil Industry: The Shale, file a late notice of appeal from the token economy grant of the web 1.0 defendant#8217;s motion for economy definition psychology relief from an biography, unlawful sentence. The Commonwealth#8217;s appeal has not entered in definition, this court. In its brief, the Commonwealth does not argue the democratic uk propriety of the grant of the definition psychology 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. Kenneth Clark! In its entirety, the psychology prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at kenneth psychology 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 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 economy her ability to scarface, try the evidence.#8221; 6. The judge observed that the defendant had adequately preserved the definition psychology 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 poverty causes previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and token definition psychology, the juror had noted the presence of only one African American in the venire. The prosecutor stated that he should not have to explain his use of kenneth psychology, a peremptory challenge on juror fourteen because the juror was not a member of a protected class. However, he supplied an token economy psychology, explanation, and the judge allowed the challenge.

7. The parties assert that the judge stated that she had read Commonwealth v. Maldonado, 439 Mass. Essay Oil Industry: The Shale! 460, 788 N.E.2d 968 (2003). However, the definition transcript reflects that the clark judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to economy definition, the possibility of a peremptory challenge being used to web 1.0, exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in definition psychology, 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 san vitale case per psychology, se but she spoke about it. It apparently just happened last fall.#8221; The judge went on web 1.0 to say that she understood the definition Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the clark psychology criminal justice process and definition, subsequent incarceration. The record does not show any expression of Shelley's Hymn Beauty Blanc Essay example, that specific concern by the prosecutor. Token Economy Psychology! 9. Kenneth Clark! As mentioned above, in economy psychology, the next-day review of her reasons for schools allowance of the token definition psychology peremptory challenge, the judge referred to the experience of juror nineteen#8217;s son in the New Bedford District Court. Democratic Uk! See note 8, supra.

The prosecutor did not refer to the criminal history of the juror#8217;s son as justification for his peremptory challenge. A judge may not supply her own reasons to definition, justify a prosecutor#8217;s peremptory challenge. About Shale! See Commonwealth v. Token Economy Definition Psychology! Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. Democratic Schools Uk! denied, 522 U.S. Definition! 1033, 118 S.Ct.

636, 139 L.Ed.2d 615 (1997). Schools! 10. That explanation had little chance of success. Economy Definition! #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 san vitale 465, 788 N.E.2d 968. 11. Token Economy! This reasoning does not interfere with the clark authority of token economy definition, a trial judge spontaneously to identify, establish, and about, rule upon a ground of token economy definition psychology, disqualification independently of any challenge of poverty causes, either the token economy Commonwealth or a defendant. 12. The charge conference and poverty causes, instructions to the jury in the trial occurred in May, 2006. Economy Psychology! The Supreme Judicial Court released the Colturi decision in Beauty Blanc Essay example, April 2007; and token economy, this court the Hubert decision in web 1.0, May 2008. Therefore the judge and psychology, trial counsel did not have the benefit of those interpretations of the 2003 amendments.

13. In Commonwealth v. Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the kenneth standard of review was the token economy psychology presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of democratic, substantial risk and token economy, found the error again sufficiently serious to require reversal. 14. As mentioned in the introduction, supra, the Essay Oil Industry: The Monterey defendant argues also that extraneous influences on token economy definition the jury and web 1.0, alleged calculated impropriety by the prosecutor require reversal. Economy! The extraneous influences were (1) a shout by poverty causes the victim#8217;s mother at the defendant as the token economy jurors left the courtroom on the first day of poverty causes, trial, and token economy psychology, (2) the presence of kenneth, a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the token definition site. The claim of schools, calculated impropriety by psychology the prosecutor arises from testimony of two police officers that they told the about Oil Industry: The defendant that he had #8220;killed#8221; the victim. The defendant asserts that the prosecutor intended that the officers testify in economy, this manner, in violation of the judge#8217;s decision on a motion in san vitale, limine. No evidence supports the view that the token definition psychology mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for democratic a verdict based strictly on the evidence.

The claim related to the officers#8217; use of the definition word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of a denial of the web 1.0 right to token psychology, confrontation guaranteed by scarface the Sixth Amendment to the United States Constitution by reason of the admission of the token economy blood alcohol test result. Essay Oil Industry: Shale! The rule of Melendez-Diaz v. Economy Definition Psychology! Massachusetts, ___ U.S. ___, 129 S.Ct. Kenneth! 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal. Token Definition Psychology! Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at uk trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction.

Gerald W. Economy Psychology! GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Scarface! Andrew S. Robinson, Asst. Token Economy Definition Psychology! Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for democratic uk the State of Maine. Definition Psychology! Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman. Panel SAUFLEY, C.J., and kenneth psychology, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from token definition, a judgment of the poverty causes Superior Court (Franklin County, Murphy, J.) denying its motion to psychology, correct the sentence that the kenneth clark court imposed on Gerald W. Gilman following his conviction at a bench trial for 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 economy definition psychology court imposed an illegal sentence when it sentenced Gilman to less than the poverty causes minimum mandatory two-year term of imprisonment required by the statute. Definition Psychology! The court did so after finding that the san vitale statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to definition psychology, the offense.#8221; Me. Scarface Biography! Const. 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 economy definition psychology, due process rights.2 Additionally, he argues that the. court erred in poverty causes, admitting a certified record from the token economy Secretary of dantes inferno art, State declaring him to token economy definition, be a habitual offender, because doing so violated his constitutional right to confront witnesses against schools uk him as articulated in Crawford v. Economy! Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and its progeny. Shelley's To Intellectual Beauty Blanc Essay! ? 3 The State#8217;s appeal is accompanied by token definition the written approval of the poverty causes Attorney General as required by 15 M.R.S. Token Economy! ? 2115-A(2-B), (5) (2009) and M.R.App. P. 21(b).

Because we agree with the State#8217;s contention that the sentence imposed on Gilman was illegal, and Hymn Blanc Essay example, find no violation of definition, Gilman#8217;s constitutional rights, we vacate only the sentence and democratic uk, remand for resentencing. ? 4 The facts are not in token psychology, dispute. Shelley's Hymn To Intellectual Beauty And Mont Blanc Essay! On April 11, 2007, Gerald Gilman was stopped for speeding in definition psychology, the Town of New Sharon, three miles from his home. He had not been drinking. Gilman, a member of the local Elks Club, was returning from the art club#8217;s lodge, where he had repaired a broken walk-in cooler. 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 token economy psychology influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of web 1.0, multiple previous convictions, which included three convictions for OUI within the previous ten years. Definition Psychology! A certified record from the Essay about Oil Industry: Monterey Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C).

The charge was enhanced because of his three OUI convictions within the economy psychology previous ten years. Biography! 29-A M.R.S. Psychology! ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is exterior popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . Psychology! . . is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by Hymn Beauty and Mont Blanc Essay the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. Token Definition! 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the allegation of the aggravating factor of clark psychology, his prior OUI convictions as a violation of token economy psychology, his equal protection guarantees.

Dismissal of the exterior allegation would have reduced the token definition charge to a Class D crime. Inferno! 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 definition psychology operating after revocation (OAR) charge with prior convictions for OUI. Kenneth Clark Psychology! The Superior Court (Jabar, J.) denied the motion. Economy! ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Shelley's to Intellectual and Mont Blanc Confrontation Clause would be violated by definition the admission of web 1.0, a certificate issued by the Secretary of definition psychology, 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 Hymn Blanc Essay example, took the ultimate issue of whether the psychology State had met its burden of proof under advisement. Web 1.0! Gilman then filed a written. argument asking the court to token economy psychology, revisit its earlier rejection of his equal protection argument, and dantes inferno art, asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the token economy definition psychology Maine Constitution.

The court heard argument and took the 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 dantes 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. Token Psychology! Before further argument could be heard, Gilman moved the web 1.0 court to reconsider its verdict, citing State v. Token Definition! Stade, 683 A.2d 164 (Me.1996), as authority for kenneth clark psychology his argument that convicting him of a Class C offense constituted a due process violation because the token psychology State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to biography, be convicted of economy, OAR after it took effect. ? 9 On October 27, the court heard argument on poverty causes Gilman#8217;s due process claim and denied it. It then heard testimony relevant to economy, the disproportionate punishment issue and san vitale, sentencing from four witnesses: another member of the token definition Elks Club, a psychiatrist who treated Gilman through the United States Department of dantes inferno, Veterans Affairs, Gilman#8217;s sister, and economy definition, Gilman himself. Web 1.0! At the token economy conclusion of the hearing, the court took the dantes inferno art disproportionate punishment issue and definition, the sentence under advisement. ? 10 On November 17, the about Oil Industry: Monterey Shale 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 token, also concludes that it would offend prevailing notions of dantes, decency.

The Defendant has carried his burden in token definition, his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to dantes inferno art, Mr. Economy! Gilman. Essay Oil Industry: The Monterey Shale! ? 11 At a final hearing on definition psychology December 11, the court conducted the statutorily required sentencing analysis on dantes inferno the Class C conviction and token economy definition psychology, sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of web 1.0, community service, and token economy, a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the Shelley's Hymn Beauty and Mont Blanc court to correct what it viewed as an token economy psychology, illegal sentence pursuant to M.R.Crim. P. Essay About The Monterey Shale! 35(a);4 the motion was denied orally and later in a written order. This appeal and token definition, cross-appeal followed. A. Scope of Shelley's Hymn to Intellectual and Mont Essay example, Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of token definition psychology, rights enjoyed by Shelley's and Mont Blanc example Maine citizens. Token Definition! Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and 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. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Essay about Oil Industry: Superior Court to token definition, impose an unsuspended prison sentence of at least two years. 29-A M.R.S. ? 2557-A(2)(D). Poverty Causes! Accordingly, the court#8217;s lesser sentence was facially illegal unless the economy 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 clark particular offender, not simply proportionate to the offense itself, and (2) because of token economy definition psychology, Gilman#8217;s individual circumstances, the uk mandatory sentence was disproportionate to his offense, and therefore the statute is token economy definition unconstitutional in this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Shelley's and Mont Blanc Essay Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of token psychology, #8220;strong and convincing reasons.#8221; Town of Frye Island v. San Vitale! State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an psychology, open question. In discussing a closely related provision of poverty causes, section 9, we left it unanswered: Assuming, without deciding, that it may be possible in economy, rare cases that a mandatory minimum sentence is cruel and schools uk, unusual because of the characteristics of the individual or because of the economy definition manner in which the sentence is about Monterey carried out, there was not enough information in this case for the trial court to reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to token economy, answer the exterior question left open in definition, 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 statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by kenneth psychology the trial court was therefore illegal and. must be vacated.

Accordingly, to token definition psychology, the extent that Worthley suggested that it may be possible for poverty causes 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 economy definition not possible. Web 1.0! ? 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. Economy Psychology! Because the clark psychology same principles employed in the construction of definition psychology, statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the language is democratic unambiguous. Definition Psychology! 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 web 1.0 unambiguous, and therefore we give it its plain meaning.

See Joyce v. Economy Psychology! 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 democratic uk, ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. Definition! In each case where a minimum mandatory punishment imposed by Essay The Monterey the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the economy definition challenge after considering the clark defendant#8217;s conduct.7 Only in token definition psychology, Worthley did we refer to Essay about Oil Industry: The Monterey, the characteristics of the token psychology individual offender, and dantes art, then only to point out that we were not required in that case to token economy definition, decide whether individual characteristics could ever be a factor in 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 poverty causes instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. Token Definition Psychology! required an exterior, individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Token Psychology! Michigan, 501 U.S. Kenneth! 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of required individualized sentencing at capital cases, and psychology, see no basis for extending it further.#8221;).

Regarding the san vitale exterior Federal Constitution, the economy psychology First Circuit Court of Appeals noted: There is no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for art mandatory sentences for particular offenses.. . . The mere fact that a sentence is token economy definition mandatory and severe does not make it cruel and unusual within the schools uk meaning of the Eighth Amendment. Token! United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). Shelley's Beauty And Mont Blanc! ? 19 A plain-language construction of section 9 is definition psychology further supported by Oil Industry: The Shale our cases holding that the token economy Legislature has the power to enact mandatory sentences. See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). San Vitale! Implicit in economy psychology, those decisions is about The a recognition that the definition psychology Legislature may lawfully choose to clark psychology, remove a sentencing court#8217;s discretion when it determines it is appropriate to token definition psychology, do so, subject only to art, the constitutional prohibition against economy psychology punishment disproportionate to a given offense. Democratic Schools! The construction urged by Gilman would go far beyond what the economy definition psychology language of kenneth clark, section 9 requires and definition, effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of web 1.0, a defendant#8217;s individual circumstances in economy, finding that a mandatory sentence is clark psychology disproportionate as applied to economy definition, that person is simply reinstatement by judicial declaration of Shale, a sentencing court#8217;s ordinary discretion to economy psychology, weigh mitigating factors, and democratic schools uk, then impose a maximum sentence that is lower than the basic sentence.

See 17-A M.R.S. Economy! ? 1252-C(2). A court would then always have the Essay The Shale sentencing discretion that the token psychology Legislature intended to remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on Essay The the ground that the mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to render the Legislature#8217;s authority to token economy, enact mandatory sentences a nullity.10. Blanc Essay! ? 21 Because we hold that the psychology 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, the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the token definition psychology power and democratic, duty to uphold the State and Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of his rights by the legislative . . . Economy! branch of government.#8221; Dep#8217;t of scarface biography, Corr. Token Economy Psychology! v. Poverty Causes! Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the token economy psychology primacy of the Legislature as #8220;the voice of the sovereign people#8221; in web 1.0, the area of crime and punishment: The fixing of an adequate criminal penalty is economy properly and Shelley's to Intellectual Beauty Blanc, legitimately a matter of economy definition psychology, legislative concern. It is Essay Oil Industry: not the definition office of the web 1.0 judiciary to definition psychology, 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 web 1.0, a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the economy definition psychology contours of the schools uk crime itself, and token psychology, sets the Shelley's Beauty Blanc example limits for punishment. Economy Psychology! . . . The underlying structure of the penal system is statutory; the coherence of the system is to inferno, be found in economy psychology, legislative direction. Inferno Art! State v. King, 330 A.2d 124, 127-28 (Me. Economy Definition! 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of The, punishment is token definition vested in art, the legislative, not in the judicial department. It is the legislature, not the court, which is to token economy, define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is kenneth cruel and unusual as whether it #8220;is greatly disproportionate. . Definition Psychology! . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at inferno 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Economy Definition! Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is Hymn to Intellectual Beauty and Mont Blanc example #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973). Because the Legislature is token economy #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the biography people#8217;s will, only the economy definition psychology most extreme punishment decided upon by Shale that body as appropriate for token an offense could so offend or shock the collective conscience of the people of Maine as to about, be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the token economy collective judgment of the web 1.0 people. ? 24 Gilman was convicted of token economy psychology, 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 inferno his conduct of two years, or forty percent of the token economy definition psychology 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. About Oil Industry:! that they are willing to token economy definition, endanger others by operating a motor vehicle while impaired, from continuing to web 1.0, drive under any circumstances. A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is not the economy psychology rare, extreme, or shocking case, and democratic schools uk, does not violate the token definition psychology proportionality requirement of article I, section 9. Uk! C. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for definition psychology 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 dantes, order to reach the result he seeks, we would be required to overrule our decision in economy psychology, State v. Chapin, where the same argument was advanced and rejected. San Vitale Exterior! 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the economy definition psychology danger created by biography drunk drivers was #8220;certainly strong enough#8221; to token economy definition psychology, justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to Shelley's Hymn Beauty example, 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 definition psychology, prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of kenneth clark psychology, State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to token definition psychology, individually notify him that the minimum statutory penalties for operating after revocationM had increased with the enactment of 29-A M.R.S. ? 2557-A.

See P.L. Web 1.0! 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 token economy definition, agent of the Shelley's Hymn to Intellectual Essay State makes affirmative misrepresentations that are then relied upon to token definition, the defendant#8217;s detriment. 683 A.2d at 166. Scarface! Here the economy psychology State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and thus knowingly violated the web 1.0 law. The Legislature changed the economy psychology statute, the dantes inferno art Governor signed it into token definition law, and Gilman is clark presumed to know what the token economy definition law is. Clark Psychology! See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. Token Economy Definition! 909 (1911). Biography! Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the change in economy psychology, order to Hymn to Intellectual, ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law.

Moreover, the definition psychology law in inferno art, effect at the time of psychology, his most recent OUI conviction provided that he could be sentenced to san vitale, as long as five years in prison for token economy psychology the operation of any vehicle before his license was restored. Web 1.0! See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. Token Definition Psychology! ? 2557(2)(B)(2) (2005).12. E. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against poverty causes 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 that he had three OUI convictions within the preceding ten years. As. Economy! 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 Shelley's to Intellectual Beauty Blanc Essay example, State certification did not offend the token economy definition psychology Confrontation Clause because #8220;the certification served only to web 1.0, confirm the economy authenticity of the underlying records of the Violations Bureau, which themselves contain only art routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Token Economy! Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on web 1.0 the authority of the psychology Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. Inferno! 2527, 174 L.Ed.2d 314 (2009). Token Economy Definition Psychology! In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an biography, analyzed substance was cocaine violated the token economy definition Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. Uk! . . that is not the case if the regularly conducted business activity is the production of evidence for use at trial.#8221; Id. at economy definition 2538, 174 L.Ed.2d at inferno 328 (citation omitted). ? 31 We recently analyzed the token economy definition psychology impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law. State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the Monterey result here and token definition psychology, consequently Gilman#8217;s argument fails. Uk! Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing.

1 The statute provided: D. Psychology! A person is exterior guilty of a Class C crime if the person commits the crime of definition psychology, operating after habitual offender revocation and: (2) The person has 3 or more convictions for Shelley's Beauty and Mont Blanc violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years. The minimum fine for definition a Class C crime under this paragraph is kenneth clark $1,000 and the minimum term of imprisonment is economy definition psychology 2 years, neither of kenneth, which may be suspended by token economy definition psychology the court. 29-A M.R.S. ? 2557-A(2)(D) (2008). Hymn And Mont Blanc Essay Example! The statute has since been amended, though not in any way that affects this case. Token! P.L. 2009, ch.

54, ? 5 (effective April 22, 2009) (codified at 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 exterior, the United States or Maine Constitutions. Economy Definition! In any event, those protections are coextensive. San Vitale! See Conlogue v. Economy Psychology! Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases). 3 The statute has since been amended, though not in biography, any way that affects this case. P.L. 2009, ch. Token Definition Psychology! 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)).

4 The Rule provides: #8220;On motion of the . Scarface Biography! . . attorney for the state . Economy Definition Psychology! . . made within one year after a sentence is imposed, the Essay about Shale justice or judge who imposed sentence may correct an 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 definition psychology minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to san vitale exterior, his specific crime, but also to token economy psychology, the sentences imposed by the Legislature for kenneth psychology 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 definition constitutional, and we do not address this argument further. 6 Although the Maine Constitution, unlike the exterior United States Constitution, delineates the protections against disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and definition, this Court have understood them to be related.

See Kennedy v. Louisiana, 554 U.S. Dantes Inferno Art! ___, 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. Definition! . Web 1.0! . . The Eighth Amendment#8217;s protection . . . Token Definition Psychology! flows from the san vitale exterior basic precept of justice that punishment for token definition a crime should be graduated and proportioned to kenneth clark, 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 token definition psychology, unusual as applied, we look to san vitale exterior, 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 token economy definition psychology 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 Essay 43 (#8220;The interpretation of token, `cruel or unusual punishment#8217; also is informed by Essay about Oil Industry: the requirement of proportionality.#8221;). Token Definition! 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 web 1.0 OUI with blood-alcohol level of economy, 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 democratic, the offense); State v. Token Definition Psychology! Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for uk night hunting not excessive); State v. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and token economy definition psychology, unusual); State v. Poverty Causes! Farmer, 324 A.2d 739, 745-46 (Me. Definition! 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Art! Lubee, 93 Me. Token Economy Psychology! 418, 45 A. Shelley's To Intellectual Beauty Essay Example! 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of token psychology, lobsters in particular case irrelevant); c.f. Shelley's Hymn To Intellectual Essay! State v. Alexander, 257 A.2d 778, 783 (Me.

1969) (holding five-day sentence imposed by court in its discretion for token psychology contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). Clark! 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Token Definition Psychology! Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for democratic juveniles under age eighteen violates Eighth Amendment); Ewing v. Token! 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 life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and 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. 957, 961, 995-96, 111 S.Ct.

2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for poverty causes possessing 672 grams of economy definition psychology, cocaine not cruel and uk, unusual). Token Definition Psychology! 9 In felony cases where the applicable statute does not specify a mandatory sentence, the Essay about sentencing court first determines a basic sentence considering the nature and seriousness of the psychology crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the poverty causes basic sentence, and finally determines whether any of the definition psychology maximum sentence should be suspended in san vitale exterior, arriving at psychology a final sentence. 17-A M.R.S. ? 1252-C. Essay About Oil Industry: The! 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the Governor the token definition psychology equitable power to #8220;grant reprieves, commutations and poverty causes, pardons#8221; in token definition psychology, individual cases. Me. Oil Industry: The Shale! Const. art.

V, pt. 1, ? 11. 11 Discussing what would qualify as disproportionate under the economy definition Eighth Amendment, the web 1.0 Supreme Court used the hypothetical example of token psychology, #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. About Monterey! 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. Psychology! ? 2557 was repealed and replaced by P.L. San Vitale! 2005, ch. Token Definition! 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). Kenneth Clark! The indictment against Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. Gautier#8217;s conviction for definition psychology 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 kenneth clark psychology, America, Eddie GAUTIER, Defendant. Definition Psychology! Criminal No. 06cr0036-NG. United States District Court, D. Massachusetts. December 23, 2008. Poverty Causes! COPYRIGHT MATERIAL OMITTED. Psychology! COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. Web 1.0! Watkins, Federal Defender#8217;s Office District of economy definition psychology, Massachusetts, Boston, MA, for Shelley's Hymn Essay example Eddie Gautier.

William D. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for token economy definition United States of America. GERTNER, District Judge: TABLE OF CONTENTS. A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. 1. Poverty Causes! Whether the economy definition psychology Crime Defined by Prong (2) of 32B Is a Violent. 2. Whether the dantes inferno art Crime Defined by Prong (2) of 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on definition Different. San Vitale Exterior! 2. Whether the Inquiry Is Limited, to economy definition psychology, Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and to Intellectual Beauty Blanc example, ammunition in the pocket of economy psychology, defendant Eddie Gautier (#8220;Gautier#8221;) one night in scarface biography, Roxbury. Token Economy! The offense stemmed from san vitale exterior, a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an inoperable gun did not constitute a crime under state law. The federal government took up the case, charging Gautier with being a felon in psychology, possession of kenneth clark, a firearm, pursuant to 18 U.S.C. 922(g)(1), because of his prior record.

His prior convictions include two armed robberies from token economy psychology, 1998, when he was 16, and Oil Industry: The Monterey Shale, a resisting arrest charge from token psychology, 2001, when he was 20. Poverty Causes! (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the token economy definition government wanted more punishment for dantes inferno art Gautier. It contended that these convictions compelled the token economy psychology application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;). See 924(e) (applying the penalty to defendants with at scarface biography least three previous convictions for violent felonies committed on separate occasions). Psychology! I disagree. 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 about The Monterey, livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S.

575, 587-88, 110 S.Ct. Token Definition Psychology! 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of poverty causes, six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the token definition two serious juvenile offenses, and resisting. San Vitale! After two rounds of briefing and two sentencing hearings, I found that Gautier is not an economy definition psychology, armed career criminal under the terms of the exterior statute. Economy Psychology! First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the inferno art 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. Psychology! As a result, Gautier lacks the Essay about Shale requisite three predicate offenses and definition, the mandatory minimum does not apply. Accordingly, I sentenced Gautier to poverty causes, 57 months#8217; incarceration, in definition, effect the Guideline felon in possession sentence, and dantes, three years#8217; supervised release, with a number of token economy definition psychology, special requirements. Oil Industry: The Shale! This memorandum reflects the factual and token definition psychology, legal bases for that sentence.

On the inferno night of January 6, 2006, Eddie Gautier had come to token definition, the Archdale Housing Project to web 1.0, visit his mother. He decided to token psychology, meet four friends who were out celebrating two of kenneth psychology, their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in definition psychology, an unmarked police car approached the kenneth group. One of definition psychology, Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and Essay Oil Industry: The Monterey, made movements toward his waistband. The officers exited the token car, badges displayed, and Essay Oil Industry: The Shale, 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 the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier#8217;s jacket pocket. An examination later revealed that the gun was completely inoperable.3. Token Definition! Gautier was transferred to federal custody on February 8, 2006, and indicted on February 15, 2006, on one count of felon in possession of a firearm and Essay Oil Industry: Monterey, one count of felon in token economy, possession of ammunition, both pursuant to clark, 18 U.S.C. 922(g)(1). Definition! Subsequent to his arrest, he agreed to speak to psychology, federal agents and police investigators, admitted to psychology, possessing the gun, and Essay about Oil Industry: The, divulged where it had come from. Indeed, according to his counsel, the economy definition defendant repeatedly offered to plead guilty to the charge, but was advised against art it because of the economy psychology possibility of an ACCA minimum mandatory sentence of 15 years.

Counsel for poverty causes Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). When the pre-plea PSR concluded that an ACCA enhancement was required, the economy defendant felt obliged to go to poverty causes, 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 token, held it momentarily, to keep it from a group of Beauty and Mont Blanc Essay example, younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. Token Economy Definition! He has been incarcerated since his arrest on January 6, 2006. Scarface! At the first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an token definition psychology, ACCA predicate, an web 1.0, issue raised in the defendant#8217;s objections to psychology, the presentence report. On that date, I also raised sua sponte the issue of whether the scarface juvenile. offenses Gautier committed in token psychology, 1998 were clearly separate predicates. At the final sentencing hearing on democratic December 15, 2008, after reviewing the token parties#8217; submissions, I concluded that the uk ACCA enhancement was not warranted, principally because of the token resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautier#8217;s conviction for dantes inferno being a felon in possession of token, a firearm pursuant to inferno, 18 U.S.C. 922(g)(1) subjects him to token psychology, the enhancement provision of the web 1.0 Armed Career Criminal Act.

That statute provides: In the token economy case of a person who violates section 922(g) of Shelley's and Mont, this title and has three previous convictions by any court referred to in section 922(g)(1) of token psychology, this title for a violent felony or a serious drug offense, or both, committed on web 1.0 occasions different from one another, such person shall be fined under this title and economy definition, imprisoned not less than fifteen years#8230;. Essay About Oil Industry: The Monterey Shale! 18 U.S.C. Definition Psychology! 924(e)(1). Scarface Biography! Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to token economy psychology, the applicability of the exterior sentencing enhancement: First, Gautier#8217;s conviction for economy psychology resisting arrest may not be a #8220;violent felony#8221; under the psychology ACCA. Token Economy Definition! Second, the Essay Oil Industry: The Monterey government may have difficulty establishing, on the basis of token definition psychology, source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on inferno occasions different from one another.#8221; A. Whether Gautier#8217;s 2001 Crime of token, Resisting Arrest under Mass. Gen. Shelley's Hymn To Intellectual Beauty And Mont Blanc! Laws Ch. Definition Psychology! 268, 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for art a term exceeding one year that #8220;(i) has as an element the use, attempted use, or threatened use of physical force against the person of economy psychology, another; or (ii) is burglary, arson, or extortion, involves use of Shelley's and Mont Blanc Essay, explosives, or otherwise involves conduct that presents a serious potential risk of economy psychology, physical injury to poverty causes, another.#8221; 18 U.S.C. Token Economy Definition! 924(e)(2)(B). Courts are obliged to apply a categorical approach to poverty causes, determining whether a criminal offense is definition a violent felony; that is, they look to exterior, the statutory definition of the prior offense and economy definition, not to the facts underlying the Essay about Oil Industry: The Shale conviction. See Taylor, 495 U.S. at 600, 602, 110 S.Ct.

2143. Put simply, the issue is token what the defendant was convicted of, or what he pled to, or what he admitted in democratic, 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 token psychology involved. as with the exterior ACCA, the case law expressly cautions courts against token economy definition psychology engaging in a post hoc archeological dig of prior convictions to poverty causes, determine what really happened. Problems of interpretation arise when a state statute on token economy psychology which the predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and biography, 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. Economy Definition! Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Clark! Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to token economy, ascertain whether the conviction was for web 1.0 a violent or a nonviolent crime, see United States v. Token Economy Psychology! Winter, 22 F.3d 15, 18 (1st Cir.1994). Web 1.0! The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S. Token Definition Psychology! 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 Essay Oil Industry: The answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at token economy psychology 600-02, 110 S.Ct. Scarface Biography! 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is permitted to token economy definition psychology, 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 san vitale exterior charging document, the plea agreement, a transcript of the plea colloquy, any facts confirmed by the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the psychology relevant facts contained in web 1.0, the PSR are uncontested, the court may consider these as further admissions by the defendant. See Dueno, 171 F.3d at token psychology 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 the record of about Monterey Shale, Gautier#8217;s 2002 plea to token psychology, the charge establishes that the plea was to the violent version of the inferno felony. Economy Definition! Under the about Oil Industry: Monterey Massachusetts statute, a person is token psychology guilty of the offense if he knowingly prevents or attempts to prevent an officer from scarface, effecting an psychology, arrest by psychology #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 such police officer or another.#8221; Mass.

Gen. Laws ch. 268, 32B(a). Token Definition Psychology! The government correctly points out that Prong (1) of clark psychology, 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 token economy definition, another.#8221; 18 U.S.C. 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. Scarface! 3 (document # 62). Prong (2) of the economy resisting arrest statute, however, does not. Essay The Monterey Shale! Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and economy definition psychology, no other record indicating which type of resisting arrest Gautier admitted. Exterior! 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 token definition psychology, any #8220;peek#8221; at the underlying facts not comprised by san vitale exterior the plea colloquy.

Accordingly, as in economy, Shepard, the democratic schools criminal complaint to token, which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and san vitale, provides its full statutory definition.5 As there is token economy definition psychology no evidence that Gautier specifically pleaded guilty to Essay about The Monterey, the Prong (1) version of resisting arrest and as the. statute is economy structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot. 1. Whether the Crime Defined by san vitale exterior Prong (2) of 32B Is a Violent Felony Under 18 U.S.C. 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the economy psychology first definition laid out in the ACCA. Poverty Causes! That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Laws. ch.

268, 32B(a), does not explicitly #8220;ha[ve] as an token economy definition psychology, element the dantes art use, attempted use, or threatened use of physical force against the person of token definition, another,#8221; 18 U.S.C. 924(e)(2)(B)(i). Moreover, the fact that the 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 poverty causes implication, either. 2. Whether the token economy definition 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 san vitale exterior 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. Token Economy! Since resisting arrest is obviously not one of the kenneth psychology enumerated offensesburglary, arson, extortion, or a crime that involves the use of explosivesthe inquiry focuses on economy definition what has been called the residual clause of the ACCA statute. See James v. United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007). The issue is dantes art whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to economy definition psychology, such police officer or another,#8221; in the language of the Massachusetts statute, Mass. Gen.

Laws. Scarface! ch. Economy Definition! 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 poverty causes question seems to answer itself, but the Supreme Court has required more than a textual comparison of the criminal statute and the ACCA under the residual clause. Token Psychology! In Begay v. Democratic! United States, ___ U.S. Token Economy! ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in Essay Oil Industry: The Monterey, which the economy Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for dantes inferno art determining whether a conviction is a #8220;violent felony#8221; under the economy definition psychology residual provision of 924(e)(2)(B)(ii). Hymn Beauty And Mont Blanc! Where the offense in question is not one of token economy definition, those enumerated in Shelley's to Intellectual Blanc, the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of economy psychology, physical injury to another,#8221; but also (2) whether the kenneth clark crime is economy psychology #8220;roughly similar, in kind as well as in degree of san vitale, risk posed, to the#8221; enumerated offenses. Token Definition Psychology! Id. at 1585. Kenneth Clark Psychology! The latter step is psychology critical here. Web 1.0! It requires a court to token definition, decide whether the about Oil Industry: Monterey offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;the defining feature of the enumerated offenses.

The Court based the token economy Begay test on schools uk the text of the token economy ACCA, its legislative history, and its underlying purpose. As to about Oil Industry:, text, the token court noted that the scarface biography presence of the enumerated offenses of token definition, burglary, arson, extortion and kenneth psychology, crimes involving explosives #8220;indicates that the economy statute covers only schools similar crimes, rather than every crime that `presents a serious potential risk of physical injury to token definition psychology, another.#8217;#8221; Id. Had Congress intended the art statute to cover all crimes creating serious risk of token definition, injury, it would have omitted the examples. As to clark, history, the token definition Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at uk 1586. Finally, the token economy psychology Court noted that this interpretation served the ACCA#8217;s purpose of kenneth clark psychology, #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 definition psychology, #8220;aggressive#8221; conduct#8230;. That conduct is kenneth clark psychology such that it makes [it] more likely that an token economy definition psychology, offender, later possessing a gun, will use that gun deliberately to web 1.0, harm a victim#8230;.

Were we to read the token economy definition statute without this distinction, its 15-year mandatory minimum sentence would apply to dantes inferno, a host of economy, crimes which, though dangerous, are not typically committed by poverty causes those whom one normally labels #8220;armed career criminals.#8221; Id. at token economy definition 1586-87 (citations omitted). Schools Uk! In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at economy 1584. Even so, it held under the web 1.0 second step of the psychology analysis that a conviction for dantes inferno art driving under the influence (#8220;DUI#8221;) falls outside the scope of the economy psychology 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. About Oil Industry: Monterey Shale! Moreover, the token economy definition psychology Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by democratic schools uk a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. Token Economy Definition Psychology! James, 127 S.Ct. at 1597. Web 1.0! In the words of the First Circuit, I must evaluate the token economy definition psychology degree of risk posed by #8220;the mine-run of dantes art, conduct that falls within the economy definition heartland of the Beauty and Mont example statute.#8221; United States v. Token! 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 Essay about The Monterey not a violent felony under the token definition ACCA because risk of physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the poverty causes offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to 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 economy psychology a `normal, usual, or customary concomitant#8217; of the Shelley's to Intellectual example predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the psychology outer limits of kenneth clark, statutory language or the token definition myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of conduct that the statute purports to proscribe.#8221;). Oil Industry: Monterey Shale! To determine the economy psychology mine-run of web 1.0, conduct encompassed by economy Prong (2) of the schools uk 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. Definition! 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the san vitale defendant#8217;s stiffening his arms and token psychology, pulling one away for a second to Essay about Oil Industry:, avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of definition psychology, causing bodily injury#8221; to uk, the officers involved.

Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and token economy definition, refused to put his hands behind his back.6 Id. at clark psychology 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over token economy definition fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition. Commonwealth v. Exterior! Grant, 71 Mass. App.Ct.

205, 210 n. Economy Definition Psychology! 2, 880 N.E.2d 820 (2008). Clark! These cases indicate that while Prong (1) of the resisting arrest statute covers the token economy definition psychology actual or threatened use of web 1.0, force, the mine-run of economy definition psychology, conduct criminalized by san vitale exterior Prong (2) involves a lesser version of #8220;active, physical refusal to token definition, submit to the authority of the arresting officers#8221;: paradigmatically, the biography stiffening of one#8217;s arms to token economy definition psychology, resist handcuffing. 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 exterior Prong (2) definition of economy psychology, 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 dantes inferno finding that a criminal offense fails to satisfy this part of the economy definition test. See United States v. Oil Industry: Shale! Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to token economy, elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for Shelley's Hymn Blanc Essay ACCA purposes) (#8220;While an individual can, and often does, cause serious personal injury or death while attempting to token economy definition psychology, flee from the kenneth clark police, the token psychology 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 san vitale, 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 145, 741 N.E.2d 25.

Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the definition resisting arrest statute presents a serious potential risk of and Mont Blanc Essay example, injury to another, that form of resisting arrest cannot fulfill the token economy psychology second part of the Begay test. Dantes! The crime is economy not #8220;roughly similar, in about The Monterey Shale, kind as well as in degree of token economy psychology, risk posed, to Oil Industry: Monterey, the#8221; enumerated offenses. Token Economy Definition! Begay, 128 S.Ct. at dantes inferno 1585. First, looking to the degree of token psychology, risk: Even if the Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to another, the degree of web 1.0, that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. Token Economy Definition! 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 investigate.#8221; James, 127 S.Ct. at web 1.0 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into token economy definition psychology personal violence is not present where police are already in Essay Oil Industry: The Shale, the process of 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 a structure on fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is token psychology similar in kind to the enumerated offenses: This inquiry requires me to determine whether the offense involves #8220;purposeful, violent, and san vitale exterior, aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses. Economy Psychology! 128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to which the dantes art offender need not have had any criminal intent at all.#8221;); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is economy definition not a crime of violence because it is not intentional). San Vitale! 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 token definition safe harbor of Hymn Beauty and Mont Essay example, 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. The First Circuit recently explained that #8220;all three types of conducti.e., purposeful, violent and aggressiveare necessary for token economy a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). The court also provided more precise meanings for Shelley's Hymn Beauty Blanc those characteristics. Token Economy Psychology! It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at dantes inferno art 1587-88. Perhaps because it is common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in economy definition, 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 Shelley's Hymn to Intellectual Beauty Blanc, turn is defined as #8220;a forceful action or procedure (as an unprovoked attack) esp. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed.

2003). Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at psychology 58. Uk! Applying these definitions, the economy psychology 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. Poverty Causes! While the token economy psychology 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 the enumerated offenses. Hymn Beauty Essay! Id. 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 economy psychology, risk of Shelley's Hymn to Intellectual Beauty and Mont, injury). Token Economy Psychology! It is differently purposeful, however, from the dantes interstate transport of token economy psychology, a minor for prostitution, which the schools uk First Circuit held in economy psychology, Williams constituted a #8220;crime of violence#8221; under the career offender provision of the exterior sentencing guidelines.

529 F.3d at token economy definition psychology 7-8. A defendant who prostitutes minors #8220;is aware of the uk risks that the prostituted minor will face#8221; and token economy definition, the risk of harm is #8220;easily foreseen by the defendant,#8221; id. at 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 clark aggression or violence of the enumerated offenses. Token Definition Psychology! See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct. Democratic Schools! 2143 (noting that Congress considered burglary #8220;one of the token psychology `most damaging crimes to dantes art, society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of economy definition psychology, their privacy, and loss of Hymn Blanc example, their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. No. Token Economy Psychology! 98-1073, at 1, 3, 1984 U.S.Code Cong. Psychology! #038; Admin.News 3661, 3663)). Arm-stiffening is token economy definition psychology not characterized by the force or domination impulse that the First Circuit has held defines aggression, and it lacks the extreme force and sudden intenseness required by poverty causes the court#8217;s definition of violence. Token! See Herrick, 545 F.3d at Shelley's and Mont Essay 60. Token Definition Psychology! Nor does it resemble those offenses previously held by the First Circuit and Beauty and Mont Blanc Essay, the district courts in psychology, its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. Schools Uk! See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Economy Definition! 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. Psychology! 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 a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Token Definition Psychology! 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 san vitale, battery on token definition psychology a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. Shelley's Hymn To Intellectual Blanc Essay Example! 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 14 years old). Token Economy Psychology! And those cases predated Begay, when the The Shale standard for token finding an kenneth psychology, offense to be a #8220;violent felony#8221; was easier to token economy psychology, satisfy. Clark Psychology! In light of the difference in economy definition, aggression and violence between resisting arrest and the offenses previously held to to Intellectual Beauty Blanc Essay example, be ACCA predicates, Prong (2) resistance does not resemble the economy definition psychology enumerated offenses in psychology, the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Economy Psychology! Begay, 128 S.Ct. at 1586. To be sure, some courtsincluding within this districthave found that resisting arrest is an web 1.0, ACCA predicate, but all of these cases predate Begay.11 Begay. #8220;charted a new course in token economy definition psychology, interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at psychology 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the 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. Token Economy Definition! United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun. 24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for conviction under 18 U.S.C. Shelley's Beauty And Mont! 922(g)). Token Definition! In another post-Begay case on resisting arrest, the U.S.

District Court for scarface the District of token psychology, Kansas held that the crime of fleeing and eluding an about Oil Industry: The Monterey, officer is token psychology 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 The Monterey Shale! Importantly, the economy definition district court so held despite the existence of san vitale exterior, a 2005 precedent concluding that the economy psychology resisting arrest was a crime of web 1.0, violence. Economy Psychology! The court explained its about-face as required by scarface biography Begay. Token Economy! Id. at *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 ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of one#8217;s arms, not the application of force to san vitale exterior, another. Token Definition! 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 dantes inferno, risk or in kind. The state court criminal complaint charges Gautier with the 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 predicatestoo few to economy definition, trigger the fifteen-year mandatory minimum. B. Web 1.0! Whether the 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. That Gautier#8217;s resisting arrest conviction is psychology not a violent felony is enough to preclude the application of the ACCA enhancement. Shelley's Beauty And Mont Blanc Example! In the alternative, I find the economy definition psychology enhancement is about Oil Industry: Monterey also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on economy 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 scarface biography totality of the circumstances.#8221; United States v. Definition! Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the #8220;identity of the victim; the poverty causes type of crime; the psychology time interval between the crimes; the location of the crimes; the biography continuity vel non of the definition psychology defendant#8217;s conduct; and/or the dantes art apparent motive for the crimes.#8221; Id. As one would expect from Congress#8217; use of the economy definition psychology word #8220;occasion,#8221; the dantes First Circuit has focused on the element of definition psychology, time. About The Monterey Shale! The Stearns court summarized that the statute distinguishes between, on token economy 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 web 1.0 devoid of criminal activity and in token economy definition psychology, which he may contemplate whether or not to commit the second crime,#8221; and on dantes art the other, #8220;a time lapse which does not mark the token economy endpoint of the Shelley's Hymn Beauty and Mont example first crime, but merely the natural consequence of a continuous course of extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the token psychology same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. San Vitale Exterior! CR-05-71-B-W, 2007 WL 4571143, at economy psychology *6 (D.Me. Dec. 21, 2007) (two robberies committed over five weeks apart against poverty causes different victims in different locations occurred on economy psychology different occasions); United States v. Shelley's Hymn Beauty Blanc Essay! Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and token, breaking and Shelley's Hymn Beauty, entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. Token Economy Definition Psychology! 97-1922, 1997 WL 781582, at about Oil Industry: Shale *1 (1st Cir. Dec.

17, 1997) (per curiam) (defendant who robbed liquor store in token definition psychology, 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 inferno art both on 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 the purposes of the token economy definition ACCA, even though defendant received concurrent sentences). 2. Whether the web 1.0 Inquiry Is Limited to Shepard-approved Source Material. Again, in order to token economy definition psychology, apply the above legal standard to the facts of Gautier#8217;s prior felony convictions, I must answer an poverty causes, antecedent question: from what sources may I glean those facts? As explained above, the token definition psychology 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 kenneth, thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. Token Definition Psychology! 575, 588, 110 S.Ct. Beauty Blanc Essay! 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the definition Court has limited district courts to #8220;the terms of the charging document, the terms of san vitale exterior, 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 token definition, some comparable judicial record of this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. The issue I confront here is whether this same source restriction applies to poverty causes, my consideration of whether two offenses were #8220;committed on occasions different from token economy definition psychology, one another.#8221; 18 U.S.C. 924(e)(1). Exterior! The First Circuit has never ruled on token economy psychology this issue.

In a pre-Shepard case, the court #8220;express[ed] no opinion#8221; on poverty causes the lower court#8217;s citation of psychology, Taylor for exterior the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the token definition psychology type countable under the ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an clark psychology, evidentiary hearing to token, develop his argument that two of his predicate offenses should be counted as occurring on san vitale one occasion. The district court interpreted Taylor to forbid such an involved inquiry and denied his motion, but because the token economy psychology 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. Shelley's Hymn And Mont Essay! 2006), the First Circuit again declined to economy definition psychology, resolve the issue. Clark! The defendant argued it was error for the district court to token definition, use facts gleaned from web 1.0, police reports and described in the PSR to psychology, find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from democratic uk, one another.#8221; Id. at 38. Token Definition Psychology! 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.

Id. at san vitale exterior 40. At least three circuit courts have held that the token psychology source restriction applies to the occasions inquiry. The Fourth Circuit held in dantes art, United States v. Economy Psychology! Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the scarface biography term `occasion#8217; requires recourse only to definition psychology, data normally found in poverty causes, conclusive judicial records, such as the date and location of an definition psychology, offense, upon web 1.0 which Taylor and token psychology, Shepard say we may rely.#8221; Id. at democratic 286 (upholding trial judge#8217;s reliance on token economy definition psychology the PSR to 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. Williams, 223 Fed.Appx. 280, 283 (4th Cir. Web 1.0! 2007) (assuming that the occasions inquiry can be conducted by token economy definition reference to democratic schools, Shepard-approved sources only).

In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the psychology 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. Poverty Causes! Appx. Economy Definition! 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by poverty causes Shepard-appropriate material). Definition Psychology! The Tenth Circuit has held that a criminal sentence enhanced by kenneth the ACCA should be vacated and token definition, remanded when it is unclear whether the sentencing court limited itself to democratic schools uk, Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Definition! Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Dantes Art! Taylor, 413 F.3d 1146, 1157-58 (10th Cir.

2005). Token! Several district courts have come to Shelley's Hymn to Intellectual Blanc, the same conclusion. See, e.g., United States v. Carr, No. Psychology! 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Scarface Biography! Oct. Token Economy Definition! 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. Exterior! United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at definition psychology *4 (M.D.Fla.

June 26, 2007) (accepting the scarface applicability of token definition, Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on Essay Oil Industry: Shale three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to definition, 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. Scarface! Indeed, we cannot imagine how such a determination could be made without reference to token economy psychology, the underlying facts of the san vitale predicate offenses.#8221; United States v. Economy Definition Psychology! Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to Hymn to Intellectual and Mont Blanc Essay example, venture beyond the token decisional documents envisioned by Oil Industry: The Taylor, reasoning that these only definition rarely provide the details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. Dantes Inferno Art! 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 token psychology #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). 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. Dantes Inferno! 2007) (affirming the economy district court#8217;s use of the PSR to determine that defendant had three predicates from poverty causes, different occasions for the ACCA). I find that the former approach is token more faithful to poverty causes, the Supreme Court#8217;s rulings in economy psychology, Taylor and Shepard and makes sense in terms of the poverty causes application of the very severe ACCA. As I explained in economy psychology, my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the judge against poverty causes becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at economy psychology the time of the state offense.#8221; United States v. 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 trial is #8220;what did the san vitale defendant plead to psychology, in the state court?#8221; Id. at web 1.0 17. Token Economy! Where a defendant has not been found guilty by poverty causes a jury, it is only fair to punish him for the prior conduct that he actually admits, either by token economy definition psychology pleading to the facts alleged or failing to object to them at 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 exterior, #8220;the statutory definition, charging document, written plea agreement, transcript of token economy, plea colloquy, and any explicit factual finding by the trial judge to web 1.0, which the psychology defendant assented#8221; in democratic schools, determining whether the defendants prior offenses were committed #8220;on occasions different from token, one another.#8221; Id. at schools uk 16.

3. The 1998 Offenses. In the instant case, the token definition psychology only Shepard-approved sources available to me in deciding whether the 1998 offenses occurred on poverty causes different occasions are the state court indictments and Gautier#8217;s plea tenders. Token Economy! The statutory definitions contain no elements that bear on the sequence of the offenses. Kenneth Psychology! The government can produce no plea colloquy transcripts from those cases. And no additional underlying facts were incorporated into token definition the PSR and Essay about Oil Industry: The Shale, adopted by the defendant. Token! PSR 35-36 (repeating the details provided in san vitale exterior, the indictments and specifically stating that police reports were not received). While the plea tenders merely contain the defendant#8217;s and economy definition psychology, prosecutor#8217;s dispositional requests, several things are evident from the Shelley's to Intellectual Beauty and Mont Blanc face of the indictments. Token Psychology! In Suffolk Superior Court case no.

98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no. Inferno Art! 98-10177, the definition grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to Oil Industry: The Shale, steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against economy one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. Exterior! The indictments indicate that on 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 confined or imprisoned him against his will. Clearly, the defendant committed these crimes against different individuals. But the type of economy, crime at issue here (armed robbery) and kenneth psychology, the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the location of the token crimes, the Beauty Essay time interval between the offenses, or the continuity of the conduct. It is token definition psychology therefore not #8220;possible to discern the point at clark psychology which the economy first offense is completed and uk, the second offense begins.#8221; United States v. Definition! Martin, 526 F.3d 926, 939 (6th Cir.2008). Indeed, as far as the dantes art indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the economy psychology offenses against F.L. and those against E.M. were grouped and inferno art, charged in economy definition psychology, 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 dantes, 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 economy not dispositive evidence that the crimes alleged therein were committed on web 1.0 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 economy offenses occurred on kenneth clark psychology #8220;occasions different from one another#8221; for the purpose of the definition psychology ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. Web 1.0! 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the token economy definition psychology Sentencing Guidelines criminal history provisions, then ruling that the democratic schools existence of separate indictments did not mean they were unrelated). Token! This conclusion applies with the same force to web 1.0, the instant case. Definition! Prosecutors have wide discretion as to the form of criminal charging. Under Massachusetts Rule of 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 Hymn, separate indictments, then, says nothing about how distinct they were. Token Economy Definition Psychology! 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 poverty causes, commit the economy definition second crime,#8221; Stearns, 387 F.3d at psychology 108, I cannot fairly conclude that he committed the token definition armed robberies #8220;on occasions different from biography, one another.#8221; By the token economy terms of the ACCA itself, the Shelley's Hymn 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to economy definition psychology, Gautier.15. Web 1.0! IV.

THE SENTENCE. A. Token Economy Definition Psychology! The Guidelines Computation. I accept the presentence report computation of the Guidelines to scarface biography, this extent: the base offense level is 24 under U.S.S.G. 2K2.1(a)(2). Token Definition Psychology! While Gautier argues that he should get a two-point reduction for acceptance of responsibility under # E1.1(a) and Shelley's to Intellectual and Mont Blanc Essay, (b), I disagree at token economy definition psychology least as Guidelines interpretation is about Oil Industry: The concerned. I consider this issue in economy definition, connection with the web 1.0 3553(a) factors (see below). Token Definition! While the san vitale government argues that the defendant committed perjury during his trial testimony, I do not agree and economy definition, will not enhance under 3C1.1. I also agree that Gautier#8217;s criminal history is web 1.0 category IV under 4A1.1(d) and (e).

The Guidelines range, then, is 63-78 months. Token Economy! B. To Intellectual Beauty Blanc Essay Example! 18 U.S.C. 3553(a) Factors. Token Definition! Gautier argues for web 1.0 a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to psychology, others, and web 1.0, 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 token economy purposes of 3553(a) for about The Monterey Shale the following reasons: 1. Nature and Circumstances of the Offense. Gautier claims he took the gun from token definition psychology, his friends because they were drunk and web 1.0, behaving recklessly.

Even assuming that to definition, be true, it plainly does not exonerate him, as the jury found. Scarface! Given his record, he should not have put himself in a position where the 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 the time, or did regularly. 2. Token Definition Psychology! Deterrence; Public Safety. Gautier cooperated with the web 1.0 authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to economy definition psychology, trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for Hymn to Intellectual and Mont Essay example what he had done, though not in definition, the narrow way in which this concept has been interpreted under the web 1.0 Sentencing Guidelines. Token Economy Definition Psychology! 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 web 1.0, his life. Definition! 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 clark, Puerto Rico, his birthplace, to economy definition psychology, Providence, Rhode Island, and then to Shelley's Hymn to Intellectual Beauty and Mont Blanc, Boston after a fire damaged their home. Economy Definition Psychology! This relationship did not last, according to to Intellectual Essay, Gautier#8217;s mother, because her husband was abusive. 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 psychology, Massachusetts. Exterior! DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in token, the chest and cradled his friend as he died. After this incident another good friend. died of complications relating to pneumonia. Soon thereafter, he was committed to dantes, DYS for economy definition psychology a number of offenses.

He was released on parole at age 17, but was in Hymn Beauty and Mont example, and out of token economy definition, custody until age 21 due to the offenses described above. Web 1.0! Notwithstanding these difficulties, Gautier secured a high school diploma while at token economy definition DYS and schools, received asbestos removal training upon token economy definition psychology his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in 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 scarface, ministry work, assisting fellow inmates and token economy psychology, studying with the Beauty Essay prison chaplain. Gautier spoke movingly of economy psychology, this work. He indicated to Shelley's to Intellectual Blanc Essay example, 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 economy definition, future offending, but also a track record of scarface, missteps that plainly require both punishment and assistance. Gautier has made efforts to give his life structure, but needs more. I have required Probation to devise a recommended plan for him, both as a recommendation for the Bureau of Prisons during the period of definition, his incarceration and as a template for his supervised release afterwards. San Vitale Exterior! Studies suggest the significance on token recidivism of san vitale, a consistent plan, beginning in prison and extending into reentry.

Laurie Robinson #038; Jeremy Travis, 12 Fed. Economy! S.R. 258 (2000). Shale! In addition to economy, that plan, as a condition of supervised release, Gautier is to speak at high schools or to 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. It marks the low end of the 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). About Oil Industry: The Monterey Shale! 1. The ballistics report observed that #8220;a portion of the psychology trigger guard is broken off, the ejector rod collar is out of place, the Hymn Beauty Essay example ejector rod spring is defective, the economy definition psychology ejector rod will not secure the uk cylinder in the closed position, the cylinder hand is not making contact with the cylinder, and neither the token definition psychology trigger nor the scarface hammer can be drawn back to the firing position. There is rust on economy definition psychology the cylinder, the ejector, the crane, and the trigger. Dantes Art! This weapon cannot be fired in token economy psychology, its present condition and in web 1.0, my opinion it would require extensive work and new parts to return this weapon to token economy, 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 Shelley's Hymn Beauty Essay example, the course of economy definition psychology, two armed robberies perpetrated on schools uk the same day in economy, 1998; marijuana possession and distribution in 2001; resisting arrest and scarface biography, trespassing in 2001; possession with intent to distribute marijuana in 2005; and definition, attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) 35-40. Biography! 3. Token Economy Definition! Gautier made incriminating statements during the booking procedure, including #8220;You got me with the democratic schools 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 economy, 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 about Oil Industry: The Shale ACCA. Definition Psychology! The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the dantes art government and the defendant#8217;s shared belief that the economy definition defendant was pleading guilty#8221; to Hymn to Intellectual and Mont, a generically violent crime. Token Economy Definition Psychology! United States v. Poverty Causes! Shepard, 231 F.3d 56, 70 (1st Cir.2000). Psychology! I then concluded that the Shelley's Hymn and Mont central question was, what did the defendant plead to token economy, in state court, and that the biography police reports did not provide reliable evidence on that central question.

United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the economy 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). 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 plea or colloquy or adopted by poverty causes defendant, in determining whether a defendant had pleaded to a violent felony. Shepard v. United States, 544 U.S. Token Economy Psychology! 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). San Vitale Exterior! 5. Economy Definition Psychology! The criminal complaint substitutes the word #8220;some#8221; for web 1.0 the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in economy definition, this case. Poverty Causes! 6. The court noted that the economy psychology conduct could also constitute resisting arrest under Prong (1) of the Hymn to Intellectual Essay example statutory definition.

Id. at economy definition psychology 719. Poverty Causes! 7. Token Psychology! The government describes these as #8220;marginal or unusual examples of the art crime,#8221; Gov#8217;t Sent. Token Economy Definition! Mem. 3, but it offers no cases to Shelley's Hymn Beauty Blanc, suggest that arm-stiffening lies anywhere but at the very core of token economy definition, Prong (2) resistance. Poverty Causes! 8. Last month, the psychology Supreme Court heard argument in a case presenting the question of whether failure to report to prison is a violent felony under the Shale ACCA. Chambers v. United States, No. Token Economy Definition Psychology! 06-11206, 2008 WL 4892841 (U.S. Inferno! Nov. Economy Psychology! 10, 2008). This case presents the Court with an poverty causes, opportunity to token, reevaluate the san vitale 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 defendant into definition psychology custody.

The Seventh Circuit held as a matter of Shelley's Hymn Essay example, stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an token economy, embarrassment to san vitale, the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to token economy definition, the possible danger of clark, physical injury posed by criminals who fail to economy definition, show up to web 1.0, begin serving their sentences.#8221; United States v. Definition! Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). Democratic Schools Uk! 9. Of course, a reluctant arrestee might also fight back against an arresting officer. In that case, however, the defendant would be guilty of resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense. 10. The First Circuit has repeatedly held that #8220;[g]iven the similarity between the ACCA#8217;s definition of `violent felony#8217; and the definition of economy psychology, `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is kenneth psychology generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. Economy Definition Psychology! 3; see also Damon, 127 F.3d at Hymn and Mont Blanc Essay 142 n. 3; Schofield, 114 F.3d at token economy 352; Winter, 22 F.3d at 18 n. 3. 11. Web 1.0! In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the psychology question of web 1.0, whether a conviction for economy psychology resisting arrest was a prerequisite #8220;crime of violence#8221; under the dantes art career offender guideline, U.S.S.G. Token! 4B1.1.

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 poverty causes, violence.#8217;#8221; Id. at economy psychology 310. Dantes Inferno Art! Nonetheless, he ultimately concluded without further explanation that the psychology offense did constitute a prerequisite for career offender status. San Vitale! In United States v. Almenas, Judge Saylor denied without opinion the 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.

06-2513. Token Economy Psychology! Because the web 1.0 parties in token economy psychology, that case have urged the poverty causes court to remand the token psychology case on democratic uk alternative groundsnamely, because the token definition 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. Shelley's Beauty Blanc Essay! United States, ___ U.S. Economy Psychology! ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)I resolve the issue here.) In United States v. Poverty Causes! Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in token economy definition, 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 and Mont Essay, direct confrontation between a police officer and token economy definition, the subject of the Essay example arrest, creating the token definition psychology potential for serious physically injury to the officer and others.#8221; Id. at 455. Because the court made no attempt to Hymn Beauty and Mont, identify the token economy definition psychology type of about Oil Industry: Monterey, conduct that usually underlies the conviction, I do not know how the statute at issue there compares to token economy psychology, the one at clark psychology 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 token economy definition psychology, violence#8221; under U.S.S.G. Kenneth Psychology! 4B1.1 because any resistance other than simply going limp increases the possibility of definition, a violent incident. See id. at clark psychology 1055. 12. 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 economy a remand, in the event of web 1.0, resentencing.

13. Psychology! This view accords with the guidance provided to trial judges in uk, 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 point at definition 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 inferno art same night in token definition, 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 clark psychology first). 14. Psychology! The Shepard Court came to psychology, this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of token economy, fact about what the Essay about The Monterey defendant and definition psychology, state judge must have understood as the factual basis of the Essay Shale prior plea, and token, the dispute raises the poverty causes concern underlying Jones [v. 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 economy definition psychology, Fourteenth Amendments guarantee a jury standing between a defendant and Essay The Monterey Shale, the power of the definition State, and san vitale exterior, they guarantee a jury#8217;s finding of any disputed fact essential to increase the ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. Token Definition Psychology! United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the conclusive significance of web 1.0, a prior judicial record, and too much like the findings subject to Jones and Apprendi, to token psychology, say that Almendarez-Torres clearly authorizes a judge to scarface biography, resolve the token economy psychology dispute.#8221; Id.

15. In still another challenge to democratic, 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. First, an definition psychology, offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for poverty causes a term exceeding one year,#8221; 18 U.S.C. Economy Psychology! 924(e)(2)(B), and Hymn to Intellectual Beauty Blanc example, a crime is not punishable by token imprisonment for democratic schools uk 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 token psychology discharged from dantes art, Department of Youth Services (#8220;DYS#8221;) custody. See Mass. Psychology! Gen. Dantes! Laws ch. 120, 21. Gautier notes that for one of the two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to economy psychology, DYS custody, and then discharged at age 21.

Based on the foregoing reasoning, he argues, the Oil Industry: Shale offense cannot stand as a violent felony under the token economy definition psychology 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 biography, 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 token economy definition psychology set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is Beauty and Mont Essay read to include restrictions applied by state statutory law. See United States v. Economy Definition! Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 1996) (quoting United States v. Poverty Causes! Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Token Economy Definition! Gen. Dantes Inferno Art! Laws. ch. 120 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from economy definition, obtaining a license to carry a firearm, id. at ch. 140 131(d)(i), applies to him.

As a result, he cannot escape the web 1.0 ACCA sentencing enhancement through the 921(a)(20) exception. 16. The government suggested at token definition psychology the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. Schools Uk! For all intents and token economy psychology, purposes, that is what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the gun.

He attempted to explain that possession to the jury. Poverty Causes! Given the enormity of the 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 responsibility, and token definition, criminal history category IV.

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resume s3s5 St. John Klimakos, the author of The Ladder of Divine Ascent is celebrated on economy psychology the Fourth Sunday of Great Lent (yesterday), and today on his feast day. The following are a few quotes from the Ladder , Step 5 , On painstaking and true repentance which constitutes the life of the holy convicts; and about the Prison . In this chapter on biography the virtue of repentance, St. John tells of a group of penitent monks who have devoted their whole lives and token definition psychology beings to repentance because of their great contrition and web 1.0 love for God.

May we, even in a small way, emulate their repentance as we approach Holy Week and the Lord's Pascha. Note: the translation used is from the Holy Transfiguration Monastery edition of The Ladder of Divine Ascent . Some often expressed their doubts to each other and said: 'Are we accomplishing anything brothers? Are we obtaining our requests? Will the Lord accept us again? Will He open to us?' And to this others would reply: 'Who knows, as our brothers the Ninevites said, if God will repent and will deliver us even from great punishment? In any case, let us do our part. And if he opens the door, well and good. And if not, blessed is the Lord God who, in His justice, has closed the token door to us.

At least let us persist in knocking at the door till the end of our life. Inferno Art. Perhaps He will open to us for our great assiduity and importunity.' Therefore they exhorted one another, saying: 'Let us run, brothers, let us run. For we need to run, and to run hard, because we have fallen behind our holy company. Let us run, and not spare this our foul and wicked flesh, but let us kill it as it has killed us.' [ Note : This does not hint at token definition psychology all of masochism or suicidal intentions, but fighting and ultimately conquering the sinful passions of the flesh, a struggle which all Orthodox Christians are called to pursue. The following quote is from the poverty causes introduction of this edition of the Ladder : For the character of the Church has always been heroic, one of struggles and asceticism. Economy Definition Psychology. 'The Kingdom of the schools uk Heavens suffereth violence' (Matt. Psychology. 11:12), it is constrained.

Saint John said it most beautifully in the Ladder: Angels are a light for monks, and the monastic life is a light for all men (Step 26:31) (http://fr-d-serfes.org/orthodox/divine.htm). This quote also vividly shows the deep love for God and dantes art philotimo of these monks, as they maintain their love and token definition psychology devotion to God whether He would forgive them or not (though Christ forgives all who return to web 1.0 Him with repentance).] 'I saw them, Father, and I was amazed; and token economy definition I consider those fallen mourners more blessed than those who have not fallen and are not mourning over themselves; because as a result of their fall, they have risen by a sure resurrection.' 'That is certainly so,' he said. 'All things are possible to him that believeth, said the Lord. I have seen impure souls raving madly about physical love; but making their experience of such love a reason for repentance, they transferred the same love to the Lord; and, overcoming all fear, they spurred themselves insatiably on to the love of God. That is biography, why the Lord does not say of that chaste harlot [Luke 7:36-50] ; 'Because she feared,' but: 'Because she loved much,' and could easily expel love by love.' Miraculous Icon of the Theotokos: the Megalochari of Tinos. The miracle-working of the Holy Icon of the Annunciation of the Island of Tinos has been known since long age all over the world and thousands of Christians souls in economy, every part of our planet feel its graceful influence in the difficult moments of their lives. The Sacred Church of the Megalochari [meaning Great Grace, referring to the greeting of the Archangel Gabriel to the Theotokos Hail of web 1.0, Full of Grace, the Lord is with you!] of Tinos has since long been internationally recognized as a place of pilgrimage and as a philanthropic organization. The sacred emotion and the mystical atmosphere present among the mass of believers at the Great Feasts of the Church, shake even those who know but few things about the Holy Icon.

No foreigner among those who visit the token economy definition island remains unmoved in front of the Church of the Holy Virgin, which like a divine crown adorns, covers and guards the town of Tinos and most of the days of his stay there his interests is attracted by the Church. The present edition is addressed to all our foreign fellow-men, who, irrespective of their language, nationality or religion, would like to get to know the Holy Foundation of the Annunciation of Tinos. It will try to present as shortly as possible a vivid picture about the Sacred Church, the history of the kenneth miracle-working Icon, the philanthropic, social and national activity of the Foundation. It will also deal with the narration of certain miracles of the innumerable ones which continuously happen, by which the token economy psychology Divine Grace sanctifies and saves the believers. CHAPTER I - HISTORY. HOW THE WONDER-WORKING ICON OF OUR LADY WAS FOUND. Excavations have proved that in pre-Christian times existed a temple of Dionysos of panhellenic projection.

Next to the temple, on the Western side, there was an ancient theatre, where musical, gymnastic and dramatic games were held. When the religion of the Nazarene established itself on the Cyclades, this ancient temple was transformed into a Christian church dedicated to the Holy Mother of Christ and to St. Dantes Art. John the Forerunner. In this the wonder-working Icon of the Megalochari was kept and venerated. This Sacred Church was destroyed in the middle of the 10th century during a great historic invasion of the Saracene pirates, who burned down and dug up this ancient building. Since then the Holy Icon lay buried in the earth, until in token definition, the year 1823 the spade of a pious worker brought it to democratic uk the surface and it became since then an invaluable relic and holy treasure of Christendom.

For the finding of worker-working Holy Icon many miraculous happenings occurred, which started from the Monastery of Kechrovounion lying on the slope of a mountain of the token economy same name, 20 minutes by car from town. The Monastery was built about the 10th century and has always been example of the virtue and piety. THE VISION OF THE NUN In this monastery during the year 1822, a pious nun named Pelagia saw repeatedly in her visions the Holy Virgin, who ordered her to go to the town and to inform the elders to start the excavations in order to find Her Icon, buried since many years ago in the uncultivated field, which the Holy Virgin described exactly, and to built Her Church on that place. At first the schools uk nun hesitated, but soon she came to understand that the token economy Divine Grace has chosen her to bring to the inhabitants of Tinos the Essay happy announcement. Psychology. She thus went to town and web 1.0 told the Bishop of the token definition island about her Divine Visions. Web 1.0. The Bishop, a wise prudent and definition pious man, knew about the virtue and holiness of Pelagia; after having listened attentively the believed in the words of the poverty causes nun. Token Economy Definition. He also brought to his mind the narrations of an old man of his town, who just a few years ago saw in his vision the Virgin Mary, Who expressed also to him Her desire that Her Holy Icon be bound. And he thought that the Christian history, which is full of miracles, teaches that many times God has revealed his Divine Will by visions. Deeply moved, the Bishop gave his blessing to the pious nun and rallied the same day by ringing the web 1.0 church bells the people of Tinos, to whom he spoke with words full of faith about the vision of Pelagia and explained to them the desire of Our Lady. The people of Tinos, well known for their faith and adherence to the Christian principles, believed in token definition psychology, the vision of the nun and the words of the Bishop and full of enthusiasm and sacred emotion started immediately in September 1822 the excavations.

The first excavations brought to light the ruins of the foundations of the Shale Church already mentioned, a deep but dry well, marble plates with various inscriptions, articles of religious worship and other things. However, the Holy Icon, about which the vision of Pelagia spoke, could not be found. Several days of fruitless searches passed. Little by little the enthusiasm started to diminish - an example of human weakness- and finally the token definition excavations stopped. Simultaneously, however, with the discontinuation of the excavations, a formidable illness made its appearance on the island with continuously increasing fatal outcomes. Full of scare, the people of Tinos asked for the protection of the Virgin Mary, repenting for the disobedience they have shown to her Divine Orders. With a warm and moving proclamation, the Bishop invited all the inhabitants to resume the inferno excavations, which then started with greater zeal and enthusiasm. This time the excavations were made in a systematic way. A special commission of inspection was formed. The inhabitants of the economy psychology villages took also turns in kenneth clark, the work in order to hasten up the searches.

After about one month's work it was decided to start, parallel to the searches of the Holy Icon, the building of the Sacred Church. Thus, on January 1st 1823 the corner stone of the token definition psychology Church of the ''Zoodohos Pighi'' (Life-giving Well) or of the ''Evresis'' (Finding), as it has been called after the about finding of the Icon, was laid. This church is situated exactly below the economy brilliant Church of the Annunciation. THE FINDING OF THE HOLY ICON. It was January 30th 1823. Poverty Causes. In spite of the great feast of the Three Hierarchs, the work was continued by the inhabitants of the definition village Phalatas, whose turn it was to about The Monterey work on that day. They restricted the work mainly to the excavation of the token economy floor of the Church under construction, the leveling and transportation of the earth. By 2 p.m. one of the workers engaged in the transfer of earth, felt at a distance of about 2 metres from the well that his hatchet struck some wood. Frantic with joy and emotion, he saw that it was a part of the icon showing the clark psychology angel holding the lily.

Immediately he called al his colleagues and definition psychology together they soon found the remaining part of the Icon showing the Virgin Mary, kneeling and accepting the Divine Message of the Incarnation of the Savior. After cleaning in haste the Holy Icon, they joined two, parts and kissed it with religious fear. The news of the finding of the Holy Icon spread with a lighting speed to the town of Tinos and the near-by villages. Masses of people with tears of emotion in their eyes started to Essay about Monterey assemble from token psychology, all directions in order to adore they Holy Icon. Among the first ones to arrive was the uk Bishop with the clergy and the notables. Piously and economy definition full of emotion, they adored the Holy Icon and Monterey Shale placed it on an old double legged stand outside the Church under construction, leaving it there for the people to adore it. When this Holy Church was destroyed and burned down by the Saracenes in the 10th century A.D., the Icon was buried among the debris of the Church and was thus saved from that terrible catastrophe, which is mentioned by history with special emphasis.

Thus the Icon remained hidden in the ground till its discovery by the pious worker from Phalatas at noon January 30th 1823, after about 850 years. The fact that it remained in the humidity and the earth for so many years without practically any damage, can only be attributed to the wonder-working power and presence of the Holy Virgin. It portrays the Megalokhari in a room, kneeling with Her head bent in definition, prayer, in front of a small low stand, wearing a golden-yellow-green dress. On the stand is an open book, on which are written the The Monterey Shale words pronounced by the Virgin herself after the Annunciation by the Angel. In the background of the small room and on both upper sides one can distinguish the separations of inner windows, while in the centre of the economy definition upper part of the Icon, we see the Holy Spirit in the form of a dove descending from heaven. Above Her and to the right we see a rod protruding from the wall, on which is hung a light-colored curtain. The fine and impervious material of the curtain is folded at the lower part towards the wall.

Opposite to the Virgin and turned towards Her stands the illuminated figure of the Archangel Gabriel, also wearing a golden-yellow-green robe and holding in poverty causes, his left hand the symbolical lily of token economy psychology, purity. On the back the Icon bears traces of the fire, which as it seems finished up the catastrophic work of the pirates during their terrible attack, from which the Icon was miraculously saved. The art of the Holy Icon does not belong to the Byzantine age, but is much older, belonging to the early Christian age. Those who studied the origin of the Icon come to the unanimous conclusion that the Megalokhari of Tinos is the work of the Apostle and Evangelist Luke. They even consider it to be one of the first three Icons painted by St. The Monterey Shale. Luke during the life-time of the economy definition Holy Virgin of Nazareth. It is also asserted threat the inferno Icon has received its wonder-working power from the economy definition psychology Holy Virgin herself, Who being satisfied by the true presentation of the Divine Moment of the Annunciation by St.

Luke, blessed the Icon with the following words: ''THE GRACE OF HIM WHO WAS BORNE BY ME BE THROUGH ME WITH IT''. This is the reasonable explanation given by the weak human mind to the infinite greatness of the finding of the Holy Icon by the divine order and indication of the Holy Virgin, as well as to schools Its wonder-working power, which is an token psychology, inexhaustible source of web 1.0, consolidation, healing, salvation, peace and love for the Christians. Like most of the definition relics of Christendom of the Holy Icon of the Megalokhari of Tinos is covered with plenty of gold and precious stones, which the devoted Christians deposit with piety in front of the Throne of Her Grace, wishing to express in this way their faith and gratefulness to dantes inferno the Mother of the whole world, offering Her the most precious articles that they have acquired by hard work and economy definition privation. When looking at the Icon the pilgrim is filled unwillingly with emotion and awe. He kneels instinctively and prays and asks the Virgin to mediate so that Her Son Christ would give him from heaven strength and biography consolidation.

By observing closely the Icon one can see the face of the Virgin painted in the right direction and the face of the Archangel Gabriel in the left direction. Economy Definition. The sides and the back of the scarface Icon are in a golden frame, while the front surface is covered by the relief gold plate to which are attached jewels, rings, medallions, brooches, ear-rings, precious stones, diamonds, rubles emeralds and real pearls of great value. A copy of the Icon can be seen in the Vestry next to the Church which we are going to describe below. Nobody tried to take advantage of or to receive high pay for definition his skills. Everybody worked for scarface biography the sake of the Virgin, without receiving his normal wage. In the background, the icons of the bauster, also clad in gold and silver, compose and underline together with all the vestry the sacredness of the place and the greatness of the Church. THE MIRACLES OF THE MEGALOKHARI OF TINOS. The whole history of the Holy Church of the Megalokhari of token economy definition, Tinos, from the first vision of the nun Pelagia and up to day, is full of unquestionable miraculous events, which prove the divine presence and the divine action, there were it is impossible for the normal flow of things to act and to give an explanation.

For the sake of the reader, we will mention several of the remarkable and characteristic miracles of the Megalokhari, out of the numerous miracles happening daily, most of which are confirmed by the official written history of the Church. As the first miracle of the Holy Icon after its finding one should mention the salvation of the Monterey island from a terrific epidemy, which carried daily to death hundreds of the island's inhabitants. Token. As witnessed by the historians o that time, as soon as the joyful announcement o the finding of the Holy Icon reverberated in the frozen atmosphere, the epidemy stopped and from that moment on no more cases of the disease were reported. Even those who were attacked by the disease got well again. As told above, the mouth of a well was found during the excavations made in search of the Holy Icon. The well was completely dry and could not be used for anything. They all made the sign of the cross for democratic this miracle and after that took from the well the water necessary for the celebration of the definition psychology hallowing. During one of the web 1.0 first years of the construction of the Church and n a period of great financial difficulties for treasury of the Church, which would have lead to economy definition the suspension of the construction works, a big English frigate was anchorched at the beach of the town, which at that time did not have a harbour.

On board of the democratic frigate was the English vice-concul H. Token Economy Definition Psychology. Flick, a Catholic by confession. This miracle is representative of a great number of others, by which the Virgin helped for the works of the construction of the Church never to stop. It is not only among the inferno art Orthodox that the Divine Grace acts by the Holy Icon of the Annunciation. It also acts among people of other confessions and nationalities. Around the middle of last century a vessel sailing in the Mediterranean met with an anti-cyclone. Token Economy. The ship fought hard, but the wild waves opened a breach in the ship's hold and it started to democratic sink.

The frightened crew, while doing everything in their power to stop the water, sent their warm prayers to the Lady for help. After tremendous efforts and hardships they succeeded to bring the token definition psychology vessel to safety into a leeward harbour. A Greek, who lived for many years in America got blind after a heavy sickness. He heard about the Essay about Oil Industry: Shale miracles of the Megalokhari of Tinos and token economy definition psychology asked the Lady with help to poverty causes give him back his health. He promised that he would offer to Her Grace anything that he will see first. This wonderful offering can be seen on the right side of the entrance. In 1915 the King of the Hellenes Constantine was down with a heavy illness. His health deteriorated quickly and his physicians were anxious about the state of his health. A deep sorrow spread among the token definition Greek people, who adored the Warrior-King and followed with agony the democratic schools development of the illness, praying at the same time for his salvation. It is a fact that our Kings, continuers of the great Byzantine tradition and faithful Christians, have always expressed their reverence and adoration to the Megalokhari and Protectress of the Nation and token economy definition many and precious offerings are royal presents.

The finding of the Icon took place when Greece was in a dramatic situation. The Church of the Annunciation is for Tinos the centre of scarface, all religious and national manifestations of token economy, its inhabitants. Biography. All services and doxologies for great historic events are held there. On this day the religious feelings of the believers find strongest expression. Token Economy Psychology. The whole population of the island and poverty causes many visitors, who disregard the token economy definition winder storms of the Oil Industry: The Shale Aegean offer their thanks to the Great Mother and Proctress of the Christians, Who deigned to reveal Her Holy Icon for the salvation of all those who really believe.

In the evening the school-children lead by the orchestra of the Church march through the definition psychology streets holding lighted multi-colour lamps and singing various hymns referring to the finding of the Holy Icon. March 25th, The Annunciation of Our Lady. This day has double meaning for the Greeks, because they celebrate at the same time the Annunciation of art, Our Lady by the Archangel Gabriel and the anniversary of the Greek Revolution against the Ottoman Empire, which brought the token liberation of our nation. At 10 a.m. an official processation of the Holy Icon takes place, after which the clergy and the officials go aboard a special vessel to the point exactly where on August 15th 1940 the destroyer ''ELLI'', one of the best Greek navy vessels at that time, was treacherously and cowardly sunk by an Italian submarine. There a requiem is held and a laurel crown is thrown on the wet tomb of the glorious ship and of the democratic schools uk innocent victims of its crew. All leave the island re-baptized [not referring to a second Sacrament of Baptism] in the eternal source of the Grace of the Megalokhari.

The Holy Annunciation of the Theotokos. Mode pl. 4. Original Melody. O Champion General, I your City now inscribe to you, * triumphant anthems as the tokens of my gratitude, * being rescued from the terrors, O Theotokos. * Inasmuch as you have power unassailable, * from definition psychology, all kinds of perils free me so that unto you * I may cry aloud: Rejoice, O unwedded Bride. An Angel of supreme rank was sent down from democratic uk, heaven to say to the Theotokos, Rejoice. And perceiving You take bodily form at the sound of his bodiless voice, O Lord, he was astounded and psychology he stood shouting to her such salutations:

Rejoice, through whom is the joy to dantes inferno shine forth. Rejoice, through whom is the curse to vanish. Rejoice, restoration of token economy psychology, Adam the fallen one. Essay About Oil Industry: The. Rejoice, liberation of token psychology, Eve from web 1.0, tears. Rejoice, height to which the thoughts of men are hardly able to ascend. Economy Definition. Rejoice, depth which for the Angels eyes is very hard to apprehend. Rejoice, for you are a throne for kenneth clark the King. Rejoice, for definition you hold the One who holds everything. Rejoice, the star causing the Suns manifestation.

Rejoice, the womb of the divine incarnation. Rejoice, through whom is creation recreated. Rejoice, by scarface whom is the Creator procreated. Doxastikon of the Praises - 2nd Tone The age-old mystery is revealed today, and the Son of God becomes the Son of man, so that by partaking of what is lower He may impart to me what is superior. Of old, Adam was deceived; and he did not become God, though this was his desire. But now, God becomes man, to make Adam god. Token Economy Definition. Let creation sing for joy, and let nature be exultant. For the poverty causes Archangel is standing with awe before the Virgin and is delivering the salutation, ?Rejoice, ? the reverse of the pain and sorrow. O our God, who in Your tender mercy became man, glory to You! On the Victory of the Cross: Kontakion 22 of psychology, St. Romanos the poverty causes Melodist.

Acrostic: BY THE HUMBLE ROMANOS. The sword of flame no longer guards the gate of Eden, For a strange bond came upon it: the wood of the Cross. The sting of token definition, Death and the victory of Hades were nailed to it. But you appeared, my Saviour, crying to those in art, Hades: Be brought back.

Nailed to the form of the Cross. As truly a ransom for token economy definition many. You redeemed us, Christ our God, For by your precious blood in love for mankind. You snatched our souls from death. You brought us back with you.

All things in heaven and poverty causes earth rightly rejoice with Adam, Because he has been called. Three crosses Pilate fixed on Golgotha, Two for economy the thieves and one for the Giver of life, Whom Hades saw and said to those below, My ministers and biography powers, Who has fixed a nail in my heart? A wooden lance has suddenly pierced me and I am being torn apart. My insides are in pain, my belly in agony. My senses make my spirit tremble, And I am compelled to disgorge. Adam and Adams race, given me by a tree,

A tree is bringing them back. St. Theodore Tyron and the Miracle of the Kollyva. This holy, glorious Martyr of Christ came from Amasia in Pontus and was a Roman legionary at the time of Maximians great persecution (c. 303). He had been a Christian since childhood but kept his faith secret, not out of cowardice but because he had not yet received a sign from God to present himself for martyrdom. While his cohort was stationed near the town of Euchaita (Helenopontus), he learned that the people of the district lived in terror of a dreadful dragon, which lurked in the surrounding forest. He realized that here was the quest in which God would show him whether the time had come to offer himself for token definition martyrdom. Going deep into the woods, he came upon an abandoned village whose only remaining occupant, a Christian princess named Eusebia, told him where the monster had its lair. He set off to find it, arming himself with the kenneth sign of the Cross, and when he confronted the roaring, fire-spitting beast, he thrust his spear through its head and killed it.

Convinced that now, by Gods grace, he would be able to vanquish the spiritual dragon, the Devil, just as he had felled the visible fiend, Saint Theodore returned to the camp, ready to confess his faith. When the commander of his cohort ordered a sacrifice to the gods of the Empire, Theodore remained in his tent. I am a Christian, he told the squad who came to look for him. I adore only Christ. He is the King whom I serve, and to Him only am I willing to offer sacrifice! After plying him with crafty questions, they left him in order to interrogate other Christian soldiers. Inflamed with divine zeal, Theodore encouraged his fellow Christians to show themselves worthy of Christ, who had chosen them to be soldiers in His army on high. St.

Theodore and the Great Miracle of the Kollyva. In 361, Julian the Apostate was doing his utmost to restore pagan customs. Knowing that the Christians were accustomed to sanctify the first week of Lent by fasting and token definition psychology prayer, the wily tyrant told the Prefect of Constantinople to have all of the food set out for clark psychology sale in the markets sprinkled with the token economy definition psychology blood of animals sacrificed to the gods, so that no one in the city would escape the contagion of idolatry. However, the Lord did not abandon His chosen people, but sent His servant Theodore to outwit the tyrant. Appearing in a vision to Patriarch Eudoxius (360-364), the holy Martyr informed him of Essay The Monterey, what was happening and token economy told him to instruct the Christians not to buy food from the markets but instead to eat kolyva made from grains of boiled wheat. Thus, thanks to the intervention of the holy Martyr Theodore, the Christian people were preserved from the stain of idolatry. The Church has commemorated this miracle ever since on the first Saturday of Great Lent, in poverty causes, order to remind the faithful that fasting and temperance have the power to cleanse all the stains of sin. Orthodox Christian Celebration of the Feast of Saint Theodore The Tyron. The feast and commemoration of Saint Theodore the Tyron is celebrated with the Divine Liturgy of Saint John Chrysostom which is conducted on the morning of the token definition feast and preceded by a Matins (Orthros) service.

A Great Vespers may be conducted on the evening before the day of the Feast. The commemoration of the appearance of Saint Theodore and the miracle of the kolyva is celebrated on the first Saturday of Great Lent each year with a Divine Liturgy and a Memorial Service. This day is the last of poverty causes, three Saturday of Souls observed each year at the beginning of the token definition Lenten season. The faithful bring kolyva and lists of names of friends and family members who have reposed in the faith. The names are read by the priest during the web 1.0 Memorial Service. Through the prayers of our Holy Fathers, Lord Jesus Christ our God, have mercy on token economy definition us and save us! Amen! Kontakion of scarface biography, St. Romanos on Adam and psychology Eve, or on clark psychology Fasting. Prooimion Devote yourself, my soul, to repentance, be united to Christ by token definition psychology thought, Crying out with groans, Grant me pardon for The Monterey my evil deeds,

That I may receive forgiveness and economy definition psychology eternal life . Let us await the blessed hope through works and about Oil Industry: The Monterey faith. As many of us as observe the teachings of the Lord and Saviour. That is why we honour and love the achievement of fasting. That is honoured by Angels, By keeping it Prophets, though earthly beings, Became partners of the heavenly choirs. Christ was not ashamed to accomplish. This; for he fasted willingly; Through this he underwrote for token economy definition psychology us eternal life . And the Word was made flesh, and dwelt among us, (and we beheld his glory, the glory as of the only begotten of the dantes art Father,) full of grace and truth. Definition Psychology. And of poverty causes, his fulness have all we received, and grace for grace.

For the law was given by token psychology Moses, but grace and truth came by Jesus Christ. John 1: 14, 16-17. A s the Prophets saw, as the Apostles taught, as the biography Church has received, as the Teachers express in dogma, as the inhabited world understands together with them, as grace illumines, as the truth makes clear, as error has been banished, as wisdom makes bold to declare, as Christ has assured, so we think, so we speak, so we preach, honouring Christ our true God, and his Saints, in words, in writings, in thoughts, in sacrifices, in churches, in icons, worshipping and revering the One as God and Lord, and honouring them because of their common Lord as those who are close to him and serve him, and making to token economy psychology them relative veneration. T his is the faith of the Apostles; this is the faith of the Fathers; this is the faith of the biography Orthodox; this faith makes fast the inhabited world . By the Grace of God, here are presented a few true stories of the Saints, sayings of the Holy Fathers, sacred icons, and many other things so that, maybe in a small way, we may remind ourselves that (though we might not be ready to accept it) Jesus Christ is the WAY, the TRUTH, and the LIFE, and that the Holy Orthodox Church is full of Christ's GRACE and TRUTH, and is no less than the token economy definition Kingdom of God on earth. Through the prayers of our Holy Fathers, Lord Jesus Christ our God, have mercy on us and save us!

Amen!

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The 7-Step Business Plan for Writers. As youve probably heard, theres no such thing as only being a writer any more, and while many might not want to handle the business side of token economy definition things, to give ourselves and our books the Essay about Oil Industry: Shale, best chance of success, we must. In May 2012, when Becca Puglisi and I self-published The Emotion Thesaurus: A Writers Guide to definition Character Expression , we had quite a few challenges. Living in different countries, we needed to create a formal partnership, set up businesses, and web 1.0, figure out how revenue would work. We had to learn publishing and take on marketing and promotion. Neither of us had a business or marketing background, so we relied heavily on research and intuition, and did our best to make the book discoverable. (You can read about our initial marketing plan here.) Our unusual book on showing character emotion created buzz among writers, igniting word of mouth. Token Economy Definition Psychology! Suddenly our lives went from busy to psychology crazy as we tried to keep up with the economy definition, burst of attention, writing guest posts, teaching workshops, and providing interviews. Art! Books sales continued to strengthen, and we sold foreign rights.

A few universities listed the book as required reading, and token economy definition, publishers began approaching us. At this point, Becca and I realized how far the book could go, but because we were being pulled in so many different directions, we didnt know how to best take advantage of poverty causes these opportunities. The need for a business plan became our No. 1 focus. Token Economy Definition Psychology! Fortunately, my husband is a management consultant who creates plans for many of his clients.

With his help, we identified three areas that would help us grow in the year ahead: improving our professional image and brand credibility : creating a website, presenting at conferences and about Monterey Shale, hosting workshops providing new product for our audience : writing two new descriptive thesaurus books expanding into token definition psychology the education sector : contacting colleges and universities to Oil Industry: spread awareness of our writing resources. The roadmap we created allowed us to avoid distractions and focus on what would help us grow. As we near the end of the year, Becca and I now have a professional website, three writing resource books that have collectively sold nearly 50,000 copies, and we increased our credibility through speaking engagements, teaching at conferences, and hosting workshops. In the near future we are looking to economy definition psychology create awareness of web 1.0 our books at the collegiate level, rounding out economy psychology, our business plan objectives. Since much of our productivity and growth are a direct result of forming a business plan (and sticking to it), I want to share steps you can take to dantes art create your own. Imagine your year ahead and economy definition, what you would like to accomplish as a writer. What will help you reach your goals, whether its publication, releasing more books, beefing up your online visibility, or honing your craft?

Write down everything that you want to accomplish, and dont forget smaller goals, as these are necessary steppingstones to inferno achieving larger ones. Also, choose goals that are within your power to make happen. For example, while you might really want representation, getting an agent is not necessarily something you can attain yourself; the agent decides whom they represent. However, researching and querying all suitable agents is a goal you can set and meet. Read through your list and look for bigger themes. Are there several goals that fit into a similar area of token economy definition focus, like platform building or writing improvement? Grab some highlighters and group these together. Then, choose a name or tag line that summarizes each theme or area of focus.

Common themes might include. Social networking improvement (platform building and connection) Education (attending workshops, finding a critique partner, improving ones craft, studying the industry, etc.) Publishing (trying for an agent, working towards a traditional contract or self-publishing) Marketing visibility (researching and democratic schools uk, implementing ads, hiring a publicist, finding ones audience online, soliciting reviews, etc.) Now that your goals are organized into different focus areas (themes), step back and look at the big picture. Based on where you are now, which areas are the highest priority? For example, querying agents (publication related) and honing your writing skills (education related) might both be areas youd like to focus on, but if your writing still needs work, it will be a waste of definition psychology time to query agents immediately. Web 1.0! Likewise, if you are winning notable contests and trusted critique partners are hard-pressed to see how you can improve, likely you should make getting your work in front of economy definition agents and art, editors a priority. This step involves soul-searching and honesty. Sometimes desire (wanting to be published right now, for example) can get in the way of what we actually need (to hone our craft further).

To be objective, set emotion aside. Token Definition Psychology! Ask yourself hard questions about what your career really needs. If it helps, pretend you are advising a writer friend. If they were in your shoes, what important things would you suggest they work on to get ahead? Step 4: Pick Two or Three Main Goals. Now comes the hard part: choosing which goals to pursue. Which two areas of web 1.0 focus did you mark as being the most critical? These two themes (say Education and Networking) should be the primary focus of token your business plan.

Pick specific goals that will help you most in these areas. Once you choose a goal, think about the steps you must take to achieve it. For example, if your goal is to Build a Platform you might have action items like open a twitter account and kenneth clark, build a following , take a class on social networking, and join a group blog . For inspiration, look at token the highlighted lists you made. Chances are youll find smaller goals listed there that will help you achieve your larger one. Two primary areas of focus or main goals are good for a business plan, but if you have a third area youd like to tackle, list it as a secondary goal. Kenneth Clark Psychology! Do the same exercise as above and list out token definition, tasks (action items) that must be carried out to achieve this goal. When making these decisions, think carefully about your time.

We all have roles and commitments outside of schools uk writing, and definition psychology, these things require a lot of energy. Business goals should be achievable, so dont take on more than you can handle. Step 5: Set a Timeline for Essay about Monterey Shale Each Goal. Stick to token your plan by kenneth clark psychology, setting timelines that fit your schedule. Becca and I chose a seasonal timeline, so we knew which goal to pursue at which time of the year. This helped us meet completion dates.

If you are unsure how much time a certain task will require, set a deadline with a fallback date. This way you wont be discouraged if you miss the initial deadline, and youll have a buffer if needed. Step 6: Bring It Together in a One-Page Plan. A visual helps when it comes to following a business plan. Economy Definition Psychology! By condensing your plan on one page, it will force you to be succinct in democratic uk, what must be accomplished to economy definition psychology meet each goal. Poverty Causes! You can use a spreadsheet or table to do this (Excel, Google spreadsheet, a piece of token psychology paper, etc) or download this template. Kenneth Clark Psychology! Heres the business plan Becca and economy definition psychology, I created for ourselves: When your spreadsheet is biography, filled out, print and display it where you write.

This will remind you of definition what you should be doing and help you make good use of your time. Step 7: Commit and poverty causes, Challenge Yourself Daily. Once your plan is complete, stick to it. Token Definition Psychology! When new opportunities come up, see if they fit your plan. Web 1.0! Its important to take advantage of economy psychology potential windfalls, but only if they further your goals and you have the clark, time. Before you print your business plan, type this statement in bold at economy definition the bottom: Is what Im doing or about to do helping me achieve my goals? Before you commit time and energy to new projects, challenge yourself with this question to evaluate if its worthwhile. In todays publishing landscape, writers must become master jugglers, wearing many hats. Whether youre published or pre-published, having a business plan is one of the smartest things you can do to keep yourself on track, maximize your time, and ensure that you reach your milestones. Angela Ackerman is a writing coach, international speaker, and web 1.0, co-author of the bestselling book, The Emotion Thesaurus: A Writers Guide to Character Expression , as well as four others, including the newly minted Urban Setting and Rural Setting Thesaurus duo. Her books are available in five languages, are sourced by US universities, and are used by novelists, screenwriters, editors, and psychologists around the world.

Angela is also the co-founder of the psychology, popular site Writers Helping Writers, as well as One Stop for Writers, an innovative online library built to help writers elevate their storytelling. 106 Comments on The 7-Step Business Plan for Writers This is FANTASTIC and just what I needed to see this morning! Great post and I love your books Angela. They continue to help me hone my craft. Thanks so much, Adrienne. I really hope this plan helps you map out your best path forward. Happy writing (and business planning!)

[] Angela is at Jane Friedmans blog, sharing a 7-Step Business Plan for Writers, because in this new world of publishing, it is more important than ever for writers to engage in [] Yes, this isnt meant to take the place of a full scale planI wanted to share something that both pre-published and published authors could use as a starting point, especially those who might find the idea of a creating a business plan daunting. Unfortunately writers can no longer just write, and so its necessary to become more business-minded (even if this isnt something that comes naturally). Thanks so much for dantes inferno art the comment! Youre welcome #128578; If you ever plan on token economy psychology publishing a blog post about expanding this with the financial aspects, let me know and Id be happy to write a guest post about it (Ive written more than one complete business plan in my life, both for myself and others). Sounds goodthanks for offering, Saoirse. I will keep this in mind! #128578; You can contact me at saoirse.omara (at) gmail dot com (just realised that my name isnt clickable lol). Thanks for sharing ideas for a business plan. I need to save this one!

Happy this will help you Linda. #128578; Have a great week! Although I dont need a business plan right now, I want to thank you for The Emotion Thesaurus! I bought if first on Kindle, then realized Id like to have a paper copy, too. Kenneth Clark Psychology! Its been an immense help when my editor says, More emotion, Eleanor, dig deeper, a refrain I hear often. Token! So, thanks for poverty causes helping me mine my own and token economy definition psychology, my characters emotions! Eleanor Sullivan, Graven Images, A Singular Village Mystery.

I am thrilled that The Emotion Thesaurus is helping you! Writing character emotion is poverty causes, such a struggle, because we want it to feel authentic, but tend to get trapped in reusing the definition psychology, same descriptors to show it. Kenneth Psychology! Hopefully the entries in the book offer you a path to spark your brain quickly so you can stay in the flow and write the token, scene. Thanks for the comment! Awesome suggestions, Angela! Love the web 1.0, chart! And this is a good time of the year to focus on goals and new beginnings! Sue, it is the perfect time, isnt it? Now more than ever, being a writer is about being willing to grow and evolve.

The good thing is that there is so much content out there to token economy definition psychology help us find our way. I hope the chart helps you. Web 1.0! #128578; Thank you so much Jane for having me here today. I just finished watching your Google hangout with CEA, and cant wait for the next installment! Thanks so much for the great summary of the token economy definition psychology, shifting writing landscape. Angela, This is an well-thought-out and doable plan. I love that you included plans to get training where needed as well as being open to traditional and self-publishing. Scarface! Your post made me remember that I have taken many webinars and workshops over the years. Before I take another one I need to token economy psychology go back and review all the content on marketing, building a platform, etc. Schools! that Ive already gathered. Thank you. Very happy to help.

As writers, we are in constant development, but if we try to focus on everything, or too much on one thing, then we arent making the best use of our time. Sometimes sitting down and looking hard at what we want for economy definition psychology ourselves, both long term and poverty causes, short term, is a healthy step to moving forward more productively. #128578; Im so happy to hear about all your success, Angela. If anyones worked hard and deserves it, you do. Economy Definition! (And how nice to poverty causes be married to a business consultant, right?) Thanks for all the tips. #128578; Haha, Lexa, yes his brain has come in handy, although I appreciate the token economy definition, fact that he hasnt tried to Essay about Monterey take over and only offers help if I ask. His business world and my publishing world have some overlap, but there are also things that work very differently between the two, so I need to understand my world enough to know what advice might work, and what will not. (And thank youI feel so grateful to token definition psychology have such great supporters like you!) So practical and thoughtful!

Makes great sense, and I can implement it immediately. Also use for my other passion, genealogy, and my goals there as well! I appreciate the clear language and straightforward style in this post as well. Yes Celia, this business plan can really be used in any area. Biography! even ones personal development. Token Economy Definition Psychology! #128578; I am happy it will be of use to democratic you. Thanks for the visit. Great post, Angela. I had to giggle because I wrote on the exact same topic just yesterday on my blog!

And we werent far off in economy psychology, our advice. Its so important for writers to consider their where they are going with their careersnot just with their books. About! They need a good map, and a business plan is just that, with concrete and token definition psychology, quantifiable goals broken down into action steps to get them where they want to go. Done correctly, it will help them brand themselves and become successful. And I love your template! Thanks for that. Branding is a big topic. It is probably easier for clark psychology NF writers than fiction authors to token economy definition brand themselves.

It grows harder if a person writes in many genres. I know one writer who has 4 pseudonyms plus her own name to cover all the genres she writes in, and web 1.0, so she find it impossible to promote herself. I can see why. Hmmm. This has sparked thoughts for a blog post.

Might just use you as an definition example, if thats okay! Agreed Nina. After reading this blog I can feel a new post bubbling up. Too bad that I posted yesterday about writers critique groups. Please keep me updated. @ernestosangiacomo:disqus, Since you asked: http://writenonfictionnow.com/4-branding-tips-for-nonfiction-writers-and-authors/. And it does, indeed, feature @angelaackerman:disqus! Read the previous post to find my advice on business plans for clark psychology writers. I have other posts on business plans for books. Although its nonfiction based, Ill check it out.

Is it really necessary to economy lock oneself into a Genre Box? My unabashed independent spirit refuses to comply. Poverty Causes! Maybe Ill create a new genre called Story-Telling through Authorship #128578; Thanks for the post Angela. [] is at Jane Friedmans blog, sharing the ins and definition, outs of creating a business plan. This was a hugely important endeavor for us; [] Thanks for the visit Traci! #128578; Okay, now Ive got some place to web 1.0 start!

Happy to help you Bish! It might seem daunting, but I think this is an exercise everyone should sit down and do. It is good to look forward and see where we want to be, and it also helps us to evaluate if what weve been doing to this point is working the way we need. Economy Psychology! Have a great week! A great post! I was doing some of this already, but I love the template and how youve outlined it so clearly! Thats great Mindy! I find having the Plan on poverty causes a Page right on my office wall really helps me stay focused.

Its a constant reminder of what I should be working towards, and token definition psychology, as I tick action items off the list, it gives me a greater sense of accomplishment! Great job, Angela! If only wed had such a succinct explanation of how to write a business plan when we were writing ours. That wouldve been helpful, lol. Thanks for hosting her, Jane! [] Angela Ackerman (Jane Friedman) with The 7-Step Business Plan for Writers [] [] Ackermans guest post at Jane Friedmans site The 7-Step Business Plan. Read the full post for a quick explanation for each step summarised below: [] [] Angela Ackerman (Jane Friedman) with The 7-Step Business Plan for Writers [] [] at Jane Friedmans blog, Angela Ackerman has written a post, The 7-Step Business Plan for Writers”, which is doable.

Its a bit like Selznicks building an kenneth clark exchange in that [] [] out author Angela Ackermans 7-step business plan for psychology [] post, Angela. Shared it with my daughter. I chuckled when I saw that. your husband is about The Shale, a business consultant.

Writing has become a new form of. family business in my case too. Token Economy Psychology! Website design, editing, and marketing. skills in scarface, my family have proved enormously beneficial. Jane, as usual, has attracted another helpful, succinct post that lays groundwork for all of us.

Thanks Shirley! And yes, being writers means we do seep into other aspects of family life. The kids always bring me their assignments to read and have actually used the content on my blog to help them write better description (be still my beating heart!). And having a hubby in consulting means a lot of business technique language tends to rub off on me. Win-win! A veritable resource for token economy a beginner. Poverty Causes! Your seven points forces the creation of definition a Big Picture I was also glad to realize that I was already doing some of those practices. Angela and Becca have not only democratic uk, been smart about their business, theyve been generous. Susan Quinns book about economy psychology indie publishing had great advice about making short term goals, as well as 1 year and 5 year goals. Id never thought that far ahead when it came to publishing! [] The 7-Step Business Plan for web 1.0 Writers by definition, @angelaackerman via @janefriedman []

I truly love this article. Thanks so much for web 1.0 sharing. This will be great for my blog and my writing group. This is such an definition excellent, helpful post! It helps me think about all the things I often push away because I dont know enoughthe business part of writing. Dantes! Im close to the publishing phase of self-publishing a book and this really lays out the token definition, business arc of web 1.0 what I need to token definition psychology think about.

The template brings clarity and schools uk, focus to what can be bewildering and overwhelming to token economy psychology a novice writer. Essay The Monterey! Thank you so much for sharing your process. Really great piece. I need to get focused about definition my writing goals and poverty causes, this is a great start. Also, I love a good template. [] via The 7-Step Business Plan for token economy definition Writers by scarface, Angela Ackerman. Token Economy Definition Psychology! [] [] Angela Ackerman (via Jane Friedman) with The 7-Step Business Plan for Writers [] The Emotion Thesaurus is kenneth clark psychology, a cool, useful book. [] need to have a plan of action in place for definition marketing your book a Book Promotion Plan. The competition is fierce on scarface Amazon and [] [] Ackerman on Jane Friedman The 7-Step Business Plan for Writers Imagine your year ahead and what you would like to accomplish as a writer.

What will help [] [] and token psychology, I hope you are all well rested, sober, and ready to tackle 2014. Have you created a simple Business Plan For Writers to dantes inferno art help you define areas of development and to keep on track when it comes to your [] Thank you so much for sharing this. Im coming late to token psychology this post, but its very timely for the start of my new year and organizing my writing goals for about Oil Industry: Monterey the year. I cant wait to give it a whirl and see where I end up. [] read this excellent article; although not officially part of the above []

Great info and breaking it down step by token definition psychology, step! Thanks Angela. [] Awesome post: The 7-Step Business Plan for Writers [] [] Angela Ackerman (Jane Friedman) with The 7-Step Business Plan for web 1.0 Writers [] [] need to have a plan of action in place a Book Promotion Plan. Definition! The competition is fierce on Amazon and if your book is not [] [] and schools, I are big fans of career planning and have shared our own business plan at Jane Friedmans site in hopes of encouraging others to economy psychology become more structured and []

I just LOVE this, and really appreciate the image of the chart. It saves time rather than having to figure things out from art scratch. Seeing what works is token, SO helpful. Thank you, ladies! Thank you for sharing. This will be very helpful as I build my business. Hey friends i have a very unique and cool idea for Your. Business. It helps you to Promote your Business.

Make an app for all android and iphones,we. have very unique and interesting app ideas. Scarface Biography! This app helps you for booking ,showing. something and avail offers to the customers. You can make your app in just 3. steps at very cheap rates.

Thanks for sharing this post. Token Economy! It is very descriptive and very useful advice. This post helps the people to take the proper decision of business. Last week I have taken the service from OGS Capital for taking proper business plan. The service of this company is very high quality and I am very benefitted with its service. [] If were not sure what your priorities should be, Angela Ackerman (of Emotion Thesaurus fame) shared this 7-step plan for brainstorming and figuring out what matters to biography us. [] [] Learn how to make your business plan here. [] [] The 7-Step Business Plan for Writers [] [] Get the definition, full story at Jane Friedman. About Monterey Shale! []

Daily edition: Receive emails that include the full text of each new post Weekly digest: Receive a Sunday weekly e-mail digest of new blog posts. I have more than 20 years of experience in the book and magazine publishing industry, with expertise in digital media and the future of authorship. I speak around the economy psychology, world at kenneth clark events such as BookExpo America, Frankfurt Book Fair, and Digital Book World, and have keynoted writing conferences such as The Muse The Marketplace. Read more. I write and publish The Hot Sheet, the psychology, essential industry newsletter for authors.

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14 Industrial Chain, Sourcing Strategy and Downstream Buyers. Kenneth Clark! 14.1 Zirconium Oxide Flap Disc Industrial Chain Analysis. 14.2 Upstream Raw Materials Sourcing. 14.3 Raw Materials Sources of Zirconium Oxide Flap Disc Major Players in 2016. 14.4 Downstream Buyers. 15 Marketing Strategy Analysis, Distributors/Traders. Token Economy Definition! 15.1 Marketing Channel. 15.1.1 Direct Marketing. 15.1.2 Indirect Marketing.

15.1.3 Marketing Channel Development Trend. 15.2 Market Positioning. Essay About Oil Industry: Monterey! 15.2.1 Pricing Strategy. Token Definition! 15.2.2 Brand Strategy. 15.2.3 Target Client. 15.3 Distributors/Traders List. 16 Market Effect Factors Analysis. 16.1 Technology Progress/Risk.

16.1.1 Substitutes Threat. 16.1.2 Technology Progress in Related Industry. Kenneth Clark Psychology! 16.2 Consumer Needs/Customer Preference Change. Economy! 16.3 Economic/Political Environmental Change. 17 Research Findings and Conclusion.

18.2 Data Source. Psychology! Table Product Specifications of economy psychology Zirconium Oxide Flap Disc. Figure Europe Sales Market Share of Zirconium Oxide Flap Disc by Types in scarface biography, 2016. Table Types of Zirconium Oxide Flap Disc. Figure Product Picture of Medium Abrasive. Token Economy Definition! Table Major Players of Medium Abrasive. Inferno! Figure Product Picture of token economy definition psychology Coarse Extra Coarse Abrasive. Table Major Players of Coarse Extra Coarse Abrasive. Kenneth Clark! Figure Product Picture of Fine Ultra Fine Abrasive.

Table Major Players of token psychology Fine Ultra Fine Abrasive. Table Applications of Zirconium Oxide Flap Disc. Figure Steel Processing Examples. Figure Iron Processing Examples. Figure Others Examples. Essay About Oil Industry: The Monterey! Figure Germany Zirconium Oxide Flap Disc Revenue (Million USD) and economy psychology, Growth Rate (2012-2022) Figure UK Zirconium Oxide Flap Disc Revenue (Million USD) and dantes inferno, Growth Rate (2012-2022) Figure France Zirconium Oxide Flap Disc Revenue (Million USD) and definition psychology, Growth Rate (2012-2022) Figure Italy Zirconium Oxide Flap Disc Revenue (Million USD) and democratic schools, Growth Rate (2012-2022) Figure Russia Zirconium Oxide Flap Disc Revenue (Million USD) and token definition, Growth Rate (2012-2022) Figure Benelux Zirconium Oxide Flap Disc Revenue (Million USD) and Growth Rate (2012-2022) Figure Turkey Zirconium Oxide Flap Disc Revenue (Million USD) and poverty causes, Growth Rate (2012-2022) Figure Europe Zirconium Oxide Flap Disc Revenue (Million USD) and definition, Growth Rate (2012-2022) Table Europe Zirconium Oxide Flap Disc Sales by Players in poverty causes, 2016 and token psychology, 2017.

Table Europe Zirconium Oxide Flap Disc Sales Market Share (%) by Players in 2016 and 2017. Figure Europe Zirconium Oxide Flap Disc Sales Market Share by Players in 2016. Figure Europe Zirconium Oxide Flap Disc Sales Market Share by scarface, Players in token economy definition psychology, 2017. Table Europe Zirconium Oxide Flap Disc Revenue by Players in 2016 and 2017. Table Europe Zirconium Oxide Flap Disc Revenue Market Share (%) by Players in 2016 and poverty causes, 2017.

Figure Europe Zirconium Oxide Flap Disc Revenue Market Share by Players in definition psychology, 2016. Figure Europe Zirconium Oxide Flap Disc Revenue Market Share by Players in poverty causes, 2017. Table Europe Zirconium Oxide Flap Disc Average Price by token definition psychology, Players in web 1.0, 2016 and token definition, 2017. Figure Europe Zirconium Oxide Flap Disc Average Price by Players in kenneth psychology, 2016. Token Definition Psychology! Table Europe Zirconium Oxide Flap Disc Manufacturing Base Distribution and Sales Area by Essay Oil Industry: The Shale, Players. Table Players Zirconium Oxide Flap Disc Product Types. Token Definition Psychology! Figure Zirconium Oxide Flap Disc Market Share of Top 3 Players. Poverty Causes! Figure Zirconium Oxide Flap Disc Market Share of Top 5 Players. Table Europe Zirconium Oxide Flap Disc Sales by definition, Countries (2012-2017) Table Europe Zirconium Oxide Flap Disc Sales Market Share by democratic schools uk, Countries (2012-2017) Figure Europe Zirconium Oxide Flap Disc Sales Market Share by Countries (2012) Figure Europe Zirconium Oxide Flap Disc Sales Market Share by Countries (2016)

Table Europe Zirconium Oxide Flap Disc Revenue by Countries (2012-2017) Table Europe Zirconium Oxide Flap Disc Revenue Market Share by Countries (2012-2017) Figure 2012 Europe Zirconium Oxide Flap Disc Revenue Market Share by Countries. Figure 2016 Europe Zirconium Oxide Flap Disc Revenue Market Share by Countries. Economy Definition! Table Europe Zirconium Oxide Flap Disc Price by Countries (2012-2017) Table Europe Zirconium Oxide Flap Disc Sales by Type (2012-2017) Table Europe Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Figure Europe Zirconium Oxide Flap Disc Sales Market Share by Type 2016. Scarface! Figure 2016 Europe Zirconium Oxide Flap Disc Sales Market Share by Type. Psychology! Table Europe Zirconium Oxide Flap Disc Revenue by dantes inferno art, Type (2012-2017) Table Europe Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Figure Europe Zirconium Oxide Flap Disc Revenue Market Share by Type 2016.

Figure 2016 Europe Zirconium Oxide Flap Disc Revenue Market Share by token economy psychology, Type. Table Europe Zirconium Oxide Flap Disc Price by Type (2012-2017) Table Europe Zirconium Oxide Flap Disc Sales by Application (2012-2017) Table Europe Zirconium Oxide Flap Disc Sales Market Share by scarface biography, Application (2012-2017) Figure Europe Zirconium Oxide Flap Disc Sales Market Share by psychology, Application (2012-2017) Table Europe Market Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Table Saint-Gobain Basic Information, Manufacturing Base, Sales Area and Its Competitors. Art! Table Saint-Gobain Zirconium Oxide Flap Disc Sales, Revenue, Price and token psychology, Gross Margin (2012-2017) Figure Saint-Gobain Zirconium Oxide Flap Disc Market Share (2012-2017) Table 3M Basic Information, Manufacturing Base, Sales Area and Its Competitors. Web 1.0! Table 3M Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure 3M Zirconium Oxide Flap Disc Market Share (2012-2017) Table Tyrolit Basic Information, Manufacturing Base, Sales Area and definition psychology, Its Competitors. Table Tyrolit Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Tyrolit Zirconium Oxide Flap Disc Market Share (2012-2017) Table Klingspor Basic Information, Manufacturing Base, Sales Area and Its Competitors. Table Klingspor Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Klingspor Zirconium Oxide Flap Disc Market Share (2012-2017) Table Gurui Industries Basic Information, Manufacturing Base, Sales Area and Its Competitors. Table Gurui Industries Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Gurui Industries Zirconium Oxide Flap Disc Market Share (2012-2017) Table Weiler Basic Information, Manufacturing Base, Sales Area and Its Competitors. Table Weiler Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Weiler Zirconium Oxide Flap Disc Market Share (2012-2017) Table CGW Basic Information, Manufacturing Base, Sales Area and poverty causes, Its Competitors.

Table CGW Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure CGW Zirconium Oxide Flap Disc Market Share (2012-2017) Table METABO Basic Information, Manufacturing Base, Sales Area and Its Competitors. Table METABO Zirconium Oxide Flap Disc Sales, Revenue, Price and economy, Gross Margin (2012-2017) Figure METABO Zirconium Oxide Flap Disc Market Share (2012-2017) Table Dronco Basic Information, Manufacturing Base, Sales Area and poverty causes, Its Competitors. Psychology! Table Dronco Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Dronco Zirconium Oxide Flap Disc Market Share (2012-2017) Table Stanley Black Decker Basic Information, Manufacturing Base, Sales Area and Its Competitors. Dantes Inferno Art! Table Stanley Black Decker Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Stanley Black Decker Zirconium Oxide Flap Disc Market Share (2012-2017) Table Pferd Basic Information, Manufacturing Base, Sales Area and Its Competitors. Psychology! Table Pferd Zirconium Oxide Flap Disc Sales, Revenue, Price and uk, Gross Margin (2012-2017) Figure Pferd Zirconium Oxide Flap Disc Market Share (2012-2017) Table Three Super Abrasives Basic Information, Manufacturing Base, Sales Area and Its Competitors.

Table Three Super Abrasives Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Three Super Abrasives Zirconium Oxide Flap Disc Market Share (2012-2017) Table Deerfos Basic Information, Manufacturing Base, Sales Area and Its Competitors. Table Deerfos Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Deerfos Zirconium Oxide Flap Disc Market Share (2012-2017) Table Yongtai Abrasives Basic Information, Manufacturing Base, Sales Area and Its Competitors. Table Yongtai Abrasives Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Yongtai Abrasives Zirconium Oxide Flap Disc Market Share (2012-2017) Table Shanghai FuyingNorth America Basic Information, Manufacturing Base, Sales Area and Its Competitors. Token! Table Shanghai FuyingNorth America Zirconium Oxide Flap Disc Sales, Revenue, Price and Gross Margin (2012-2017) Figure Shanghai FuyingNorth America Zirconium Oxide Flap Disc Market Share (2012-2017) Figure Germany Zirconium Oxide Flap Disc Sales and Growth Rate (2012-2017)

Figure Germany Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table Germany Zirconium Oxide Flap Disc Sales by Type (2012-2017) Table Germany Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Figure Germany Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Table Germany Zirconium Oxide Flap Disc Revenue by Type (2012-2017) Table Germany Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Figure Germany Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Table Germany Zirconium Oxide Flap Disc Price by Type (2012-2017) Table Germany Zirconium Oxide Flap Disc Sales by poverty causes, Application (2012-2017) Table Germany Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Germany Zirconium Oxide Flap Disc Sales Market Share by economy, Application (2012-2017) Figure UK Zirconium Oxide Flap Disc Sales and poverty causes, Growth Rate (2012-2017) Figure UK Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table UK Zirconium Oxide Flap Disc Sales by psychology, Type (2012-2017) Table UK Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Figure UK Zirconium Oxide Flap Disc Sales Market Share by kenneth clark psychology, Type (2012-2017) Table UK Zirconium Oxide Flap Disc Revenue by token psychology, Type (2012-2017) Table UK Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Figure UK Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Table UK Zirconium Oxide Flap Disc Price by Type (2012-2017) Table UK Zirconium Oxide Flap Disc Sales by Application (2012-2017) Table UK Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure UK Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure France Zirconium Oxide Flap Disc Sales and clark, Growth Rate (2012-2017) Figure France Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table France Zirconium Oxide Flap Disc Sales by token definition psychology, Type (2012-2017) Table France Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Figure France Zirconium Oxide Flap Disc Sales Market Share by poverty causes, Type (2012-2017) Table France Zirconium Oxide Flap Disc Revenue by Type (2012-2017) Table France Zirconium Oxide Flap Disc Revenue Market Share by token definition psychology, Type (2012-2017) Figure France Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Table France Zirconium Oxide Flap Disc Price by Type (2012-2017) Table France Zirconium Oxide Flap Disc Sales by Application (2012-2017) Table France Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure France Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Italy Zirconium Oxide Flap Disc Sales and Growth Rate (2012-2017) Figure Italy Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table Italy Zirconium Oxide Flap Disc Sales by scarface biography, Type (2012-2017) Table Italy Zirconium Oxide Flap Disc Sales Market Share by token, Type (2012-2017) Figure Italy Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Table Italy Zirconium Oxide Flap Disc Revenue by Type (2012-2017) Table Italy Zirconium Oxide Flap Disc Revenue and Market Share by Type (2012-2017) Figure Italy Zirconium Oxide Flap Disc Revenue Market Share by psychology, Type (2012-2017) Table Italy Zirconium Oxide Flap Disc Price by Type (2012-2017) Table Italy Zirconium Oxide Flap Disc Sales by economy definition, Application (2012-2017) Table Italy Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Italy Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Russia Zirconium Oxide Flap Disc Sales and Growth Rate (2012-2017) Figure Russia Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table Russia Zirconium Oxide Flap Disc Sales by Type (2012-2017) Table Russia Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Figure Russia Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Table Russia Zirconium Oxide Flap Disc Revenue by democratic schools, Type (2012-2017) Table Russia Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Figure Russia Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Table Russia Zirconium Oxide Flap Disc Price by token psychology, Type (2012-2017) Table Russia Zirconium Oxide Flap Disc Sales by Application (2012-2017) Table Russia Zirconium Oxide Flap Disc Sales Market Share by dantes inferno art, Application (2012-2017) Figure Russia Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Benelux Zirconium Oxide Flap Disc Sales and token psychology, Growth Rate (2012-2017) Figure Benelux Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table Benelux Zirconium Oxide Flap Disc Sales by Type (2012-2017) Table Benelux Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Figure Benelux Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Table Benelux Zirconium Oxide Flap Disc Revenue by web 1.0, Type (2012-2017) Table Benelux Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Figure Benelux Zirconium Oxide Flap Disc Revenue Market Share by Type (2012-2017) Table Benelux Zirconium Oxide Flap Disc Price by Type (2012-2017) Table Benelux Zirconium Oxide Flap Disc Sales by definition, Application (2012-2017) Table Benelux Zirconium Oxide Flap Disc Sales Market Share by about The Monterey, Application (2012-2017) Figure Benelux Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Turkey Zirconium Oxide Flap Disc Sales and psychology, Growth Rate (2012-2017) Figure Turkey Zirconium Oxide Flap Disc Revenue and Growth Rate (2012-2017) Table Turkey Zirconium Oxide Flap Disc Sales by inferno art, Type (2012-2017) Table Turkey Zirconium Oxide Flap Disc Sales Market Share by token definition, Type (2012-2017) Figure Turkey Zirconium Oxide Flap Disc Sales Market Share by Type (2012-2017) Table Turkey Zirconium Oxide Flap Disc Revenue by democratic schools uk, Type (2012-2017) Table Turkey Zirconium Oxide Flap Disc Revenue Market Share by definition psychology, Type (2012-2017) Figure Turkey Zirconium Oxide Flap Disc Revenue Market Share by art, Type (2012-2017) Table Turkey Zirconium Oxide Flap Disc Price by Type (2012-2017) Table Turkey Zirconium Oxide Flap Disc Sales by token definition, Application (2012-2017) Table Turkey Zirconium Oxide Flap Disc Sales Market Share by Application (2012-2017) Figure Turkey Zirconium Oxide Flap Disc Sales Market Share by kenneth, Application (2012-2017) Figure Europe Zirconium Oxide Flap Disc Sales and Growth Rate Forecast (2017-2022) Figure Europe Zirconium Oxide Flap Disc Revenue and token definition psychology, Growth Rate Forecast (2017-2022) Table Europe Zirconium Oxide Flap Disc Sales Forecast by Countries (2017-2022) Table Europe Zirconium Oxide Flap Disc Sales Market Share Forecast by dantes art, Countries (2017-2022) Table Europe Zirconium Oxide Flap Disc Sales Forecast by economy psychology, Type (2017-2022) Table Europe Zirconium Oxide Flap Disc Sales Forecast by Essay The Monterey Shale, Application (2017-2022) Table Sales Base and Market Concentration Rate of Raw Material.

Figure Price Trend of Key Raw Materials. Table Key Suppliers of economy definition psychology Raw Materials. Inferno! Figure Manufacturing Cost Structure of Zirconium Oxide Flap Disc. Figure Manufacturing Process Analysis of Zirconium Oxide Flap Disc. Figure Zirconium Oxide Flap Disc Industrial Chain Analysis.

Table Raw Materials Sources of Zirconium Oxide Flap Disc Major Players in 2016.

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code chivalry essay The Mafia is oppression, arrogance, greed, self-enrichment, power and hegemony above and against economy psychology all others. It is not an abstract concept, or a state of mind, or a literary term. It is a criminal organization regulated by unwritten but iron and inexorable rules. The myth of a courageous and generous 'man of honor' must be destroyed, because a mafioso is just the inferno opposite. -- Cesare Terranova, Italian Magistrate murdered in 1979. It exists. It is a symptom of Sicily's endemic political corruption and a general cynicism regarding public institutions and the criminal justice system, its life sustained by a widespread mentality which breeds a general distrust in even the token economy youngest Sicilians - distrust of everybody and every thing. The people who claim or imply that the international Mafia does not exist or is not very powerful (and that unfortunately has included one or two Italian-American ethnic organisations despite news of the poverty causes Mafia in American publications such as Time and token economy definition psychology, Newsweek ) are either in denial, intentionally deceptive, self-serving or plain ignorant. Four pervasive myths about the Sicilian Mafia - as opposed to the American, Calabrian, Apulian or Neapolitan forms of organized crime - should be dispelled. • The Mafia has a centralized organizational structure with a single man at dantes art the top, like a Pope.

This has never been true, although one infamous mafioso was indeed nicknamed The Pope. Vizzini, Genco Russo, Greco, Riina, Provenzano, Lo Piccolo and (now) Messina Denaro never controlled the entire Sicilian Mafia, which has been compared to a hydra or octopus. At best, they briefly, informally oversaw the cupola or commission that administers it loosely and collectively, but which would never risk regular meetings. There is not, and never has been, a true capo dei capi (head of heads) of the Mafia or the token definition psychology Camorra (the Neapolitan brand of organized crime) in the manner of a Pope, CEO or general at the head of a rigidly structured organization. Biography. It is for psychology, this reason that decapitation is impossible. Italian investigators and prosecutors know this, yet they also know that less-important mafia bosses tacitly defer to more powerful ones, especially in certain matters involving foreign (international) business or, for kenneth psychology, example, the murder of token definition, a high-profile figure like a judge or senator. Within each cosca or cell, of dantes inferno art, course, there are ranks. • The Mafia is hereditary, based on families. Times change, but until the 1950s the Sicilian Mafia was not based on families but simply on geographical zones of influence (Palermo, Catania, Corleone).

Calogero Vizzini, Michele Greco, Salvatore Totò Riina and Tommaso Buscetta were not the sons or near relatives of mafiosi. However, the Italianate forms of Mafia that flourish outside Sicily eventually developed a hereditary system of leadership. That includes mainland Italy and the Americas. In the token definition United States, there historically was a blurry cultural distinction between the true Mafia of Lucky Luciano and poverty causes, the gangsterism of Al Capone. The cosche (literally but inaccurately clans) are not actual families but local territorial cells which include many people, of various ranks, who are unrelated to each other.

That said, nowadays it isn't too unusual for a young mafioso to wed the sister or cousin of definition psychology, a fellow mafioso, or for the leader of a cosca to favor his own son with a certain benefit, such as extorting the pizzo in a specific neighborhood. There have also been cases of the wives of scarface, incarcerated mafiosi managing their husbands' affairs, including murder and extortion, especially in Catania. • The Mafia was supported by token the nobility and about The, the Catholic Church. By the twentieth century mafiosi were extorting money from definition, aristocrats and by poverty causes the end of the same century they were killing priests. One might make a case that certain landholding aristocrats and economy psychology, higher clergy, including a few bishops, condoned the Essay Oil Industry: Monterey Shale actions of the Mafia when it was expedient, but sweeping generalizations are unjustified. For example, the land reforms of 1948 dividing the large rural estates were opposed by the nobles who owned these properties, and token economy definition psychology, certain mafiosi worked for these landholders as land managers. Until the twentieth century the poverty causes Church in Italy rarely took a strong position on any progressive social issue, so (for example) divorce was legalized in token economy the country only in 1974. If anything, we could say that the web 1.0 Mafia was sometimes facilitated by corrupt politicians who, like most Italians, were Catholic. It is true, however, that the token definition psychology Mafia flourished for a long time because the Church and Oil Industry: Shale, the ruling class failed to recognize it as a threat to token psychology, the very fabric of poverty causes, society.

• The Mafia traces its roots to the Middle Ages. This is psychology, perhaps the most ridiculous myth of all. While the closed, secretive mentality that fostered the development of secret criminal societies such as the Beati Paoli became commonplace with the Inquisition and Spanish rule during the inferno art sixteenth century, and though banditry in the countryside increased over time, the economy definition Mafia as organized crime (not just a Sicilian word having other meanings) did not exist until late in the eighteenth century at the very earliest. Only fantasists believe that it originated during the War of the Vespers, a revolt organized by the nobility, in 1282. Phenomena such as widespread charlatanry and professional incompetence, nepotism and the overuse of job preferments have helped it along by discouraging transparency at dantes inferno every level of the economy. Until the fifteenth century the feudal life of Sicily was little different from that of any other part of western Europe. The history of the Mafia is economy, not as elusive as pundits, novelists and scarface, screenwriters would have you believe. Protection rackets (the pizzo) and the narcotics trade still exist, of token definition psychology, course, with the Mafia funnelling its ill-won profits into businesses such as supermarket and hotel chains across Sicily and even in northern Italy. But a phenomenon which has worsened in recent years is the widespread theft of European Commission funding destined, in principle, for Sicilian economic development. Bribes, kickbacks and outright theft by politicians closely allied with (or actually members of) the Mafia has been a fact of life in Sicily for a long time. The Mafia owns shopping centers, apartment blocks and construction firms that receive public contracts.

It extorts hundreds of millions of euros each year to buy ever more such businesses. In addition to politicians, many lawyers, doctors and architects are directly involved with the kenneth clark psychology Mafia. It is a cancer that hides for a while but just won't die. Considering its profound influence on Sicilian life, no history of twentieth-century Sicily can be complete or accurate without mentioning the most famous Sicilian fraternity. Tragically, the Mafia (and extreme political corruption generally) is the definition single socio-economic factor that distinguishes Sicily's economic base from those of other European Mediterranean regions such as Spain and Portugal - though it appears that Greece also has some serious problems with public spending and corruption. Web 1.0. It is one of the world's most enduring criminal organizations, and one of the economy psychology most serious social problems confronting Sicily today. In recent times, it has murdered judges, priests and children - though with its increasing grip on web 1.0, the legal economy (public contracts, stores, restaurants) - this rarely happens nowadays. Its hierarchy and vernacular are a reflection of Sicilian society itself, complete with religious allusions: Its ruling council is the token psychology Cupola, Michele Greco, was nicknamed The Pope, a leader of clans.

But, like the The nobility, the economy Mafia is all but invisible. Inferno. You probably won't see it if you visit Sicily. Economy Psychology. You probably won't see many of its effects, either, unless you look very closely. Those who presume that today's Sicilians do not think about the Mafia are sorely mistaken. Anti-Mafia organisations such as Addio Pizzo (of which Best of Sicily is web 1.0, a member) have done much to encourage merchants and other business owners to stand up against the Mafia, but there is still much work to be done. Banditry and murder had been fairly commonplace since the economy definition Middle Ages, but the Mafia has existed as a loose network of local criminals only since the latter decades of the eighteenth century or the psychology early years of the nineteenth. Economy Definition. Like the nobility, its roots are feudal. Indeed, the early history of the Mafia is well known. Many people incorrectly presume the about Oil Industry: The Shale Mafia to be the economy psychology cause of certain social problems. In fact, it is the effect - the result of inferno art, centuries of bizarre practices such as raccomandazioni (job preferments) which colour every facet of life in definition psychology Sicily, making it a fertile breeding ground for clark, all forms of corruption, dishonesty and criminality.

Nepotism (even in university positions) doesn't help matters, either. In such a climate, organised crime represents just one small step beyond the unfortunate conditions that already exist. Token Economy Definition. In Sicily politicians literally buy votes with promises of employment or other gifts. The popular perception of mafiosi as Robin Hoods or even knights is misleading, but it is based on general distrust of authority and - until very recently - the historical laxity of law enforcement in protecting citizens. This situation has improved somewhat in recent years but still persists among the popolino, Sicily's large underclass. From being friends of the friends, the more important mafiosi became known as men of honor.

In truth, the web 1.0 Mafia code is the antithesis of the code of chivalry - or at best a bizarre interpretation of it. Sicilians' clannish nature (marriages arranged by parents were known into the twentieth century) created a favorable climate for the mafiosi. Omertà literally means manhood, and refers to the idea of token definition psychology, a man resolving his own problems, but the term has become synonomous with the schools uk Mafia's code of silence. Token Economy Psychology. The duel, however, gave way to the vendetta and contract killings. There is no reliable historical record of a duel between mafiosi, but there have been plenty of murders and, given its structure as a secret society. The freemasons certainly aided Garibaldi's invasion of Essay Oil Industry:, Sicily in 1860 but so, it is believed, did some Mafia bands, even if they were not a decisive factor in token economy psychology his victory. In the same year, it was suggested to King Francesco II of the Two Sicilies that the Comorra, a Neapolitan organization similar to the Mafia, kill Garibaldi and his officers upon their arrival in Naples. Web 1.0. The King refused his subjects' offer. incredibly, the plan might have actually worked.

The Modern Mafia. A famous play, I Mafiusi della Vicaria, first performed in 1863, described the Mafia as an organization complete with initiation rites, though folk historian Giuseppe Pitré's interpretation of Mafia history has been largely discounted as whimsical or at least highly embellished. By 1900, the black hand was identified with the friends of the friends. They were one and the same, and each town (or city quarter) had its resident capo (chief). Token Definition Psychology. When the poverty causes Fascists rose to power, Mussolini's Iron Prefect, Cesare Mori, threw most of token economy, them in prison. In reality, the relationship between the Fascists and the Mafia was that of poverty causes, one group of token definition psychology, criminals pitted against another - two wolves fighting over the same chicken coop. The wartime collaboration of Sicilian-born Salvatore Lucky Luciano with the United States Navy may have made the aftermath of the Allied invasion of Sicily smoother than it otherwise might have been, but there is democratic, no evidence that the Sicilians in 1943 were any less welcoming of the Allies than the residents of Piedmont and Lombardy were two years later. Luciano's real influence was at the Port of New York.

The Iron Prefect's enforcement of the Duce's laws had already made most mafiosi sympathetic to the American cause, or at least hostile to the Fascist one. The surrender, without even token resistance, of thousands of Italian troops at Pantelleria, shortly before the main attack on Sicily, made it clear that most Italian recruits were unwilling to risk their lives for a lost cause - or perhaps for any cause. The Allies made mafiosi like Calogero Vizzini, of Villalba, provisional mayors who easily won election a few years later. It was easy for these men, imprisoned by psychology Mussolini's regime without the web 1.0 benefit of a fair trial, to pose as anti-Fascists or even political prisoners. Under any political system, Vizzini, who died in 1954, was a murderer, plain and simple. In the immediate postwar years, as the Mafia set about the task of economy definition psychology, re-organizing its activities, several freelance bandits roamed the countryside. The most popular, Salvatore Giuliano, came closest to the image of a modern Robin Hood, and supported a separatist movement that favored an independent Sicily, perhaps as part of the United States.

Men like Giuliano were not mafiosi. Indeed, the mafiosi resented and perhaps even feared them. With the death of Calogero Vizzini, the Mafia slid into the realm of what Sicily's mafiosi later derided as gangsterism, a more reckless American style of biography, crime. In 1957, the Sicilian Mafia re-established ties with their brethren in token the United States and Canada. It was Lucky Luciano, of all people, who orchestrated the art alliance. Unlike Vizzini and his generation, the new Sicilian men of honor were vastasi (uncouth people) who made no pretension whatsoever at being gentlemen. Whereas, in public at least, Vizzini and people like him maintained a veneer of civility, and might even pass for dignified country squires, it was clear that newcomers like Giuseppe Genco Russo, Michele Greco and Luciano Leggio, though furbi (sly) in token economy certain respects, were essentially vulgar by democratic schools nature. Men of honor and the code of honor, if either had ever existed in fact, vanished in a flurry of token economy definition psychology, murders.

By the web 1.0 1970s, even women and children were not spared in the carnage. While the Mafia controlled building construction (effectively destroying large historical districts) and vast sectors of the economy (the meat trade, for example) and developed a successful heroin trade, the token economy definition psychology pizzo (extortion through protection money) remained a cornerstone of poverty causes, its system for generating revenue, day-by-day, year after year. As there were not yet laws against organised crime, people such as social activist Danilo Dolci were successfully prosecuted for defaming people who they publicly stated were mafiosi, and who in fact were! During the token psychology 1960s, the Sicilian Cupola and Essay, the American Commission began to seriously cooperate in the narcotics trade, despite their expressed sentiment that heroin and cocaine were somehow less respectable products than extortion and murder. The Sicilian faction was still more ruthless than its American counterpart, often resorting to economy definition psychology, the murder of judges and other public officials, as well as journalists, whose activities they considered inconvenient. Palermo's Falcone-Borsellino Airport is named after two such judges, and there is a monument in Piazza 13 Vittime (13 Victims), at the end of Palermo's Via Cavour, dedicated to the memory of people killed by the Mafia. Politicians as Mafiosi. In postwar Sicily's larger cities, mafiosi gradually infiltrated the building trades and bought their way into most government-run agencies. Why are the newer districts of Palermo full of ugly buildings but lacking in green parks and democratic, efficient parking areas? Because the urban planning was undertaken by criminals.

The Mafia, albeit often indirectly, built nearly half of the new city of Palermo, where several corrupt officials literally sold building permits to Mafia front-men. A similar situation emerged in Catania. And the economy psychology Mafia built (and still indirectly operates) a few of Sicily's largest hotels. The Catholic Church has not always helped matters. Some priests now speak out against the Mafia (though pastors of biography, Corleone, traditionally a Mafia stronghold, have not usually been among them), and at least one cleric was murdered for doing so. In the 1960s, however, a Cardinal Archbishop of Palermo issued a statement that the Mafia had never existed, and that author Giuseppe di Lampedusa, along with Danilo Dolci, had defamed Sicilians by implying that, among other things, most western Sicilians were secretive by nature or habit, and that the Mafia does indeed exist. How does such an organization survive into token psychology the twenty-first century?

It has a great deal to do with social factors - things like high unemployment, widespread lack of confidence in the competence of law enforcement authorities, distrust of the state. But the general secretiveness of the people is one of the main reasons organised crime is still so powerful in the Italian South, where common folk often seem suspicious of even the most ordinary social forces. The Italian ethos is based on Essay about Shale, the realities of everyday life: Italians presume that their elected leaders are thieves motivated by greed. Businessmen presume that associates will steal at the first opportunity. Labor unions presume that employers will seek to exploit employees whenever possible. Token Economy Definition Psychology. Spouses presume that marital infidelity is simply a question of human nature, and The Monterey, even use a particular word, cornuto, to describe cuckolded husbands.

As we've said, a large part of certain economic sectors (hotels, transportation, supermarkets, construction) are controlled by Mafiosi. In a land without a tangible industrial base, public monies are the Mafia's main target. Everything has its price. Most politicians (Left and Right) can be bought, and the same holds true for managers of most larger banks and utilities. In Sicily, many (if not most) public or semi-public jobs are sold for definition, money or - in rarer cases - sex. (An attractive, educated but unemployed young woman is easy prey in web 1.0 a region with a perpetual 30% unemployment rate.) Public contracts are assigned - actually sold - in exchange for bribes and economy definition, kickbacks.

Everybody expects a substantial kickback (usually at least 10%), from the politician who gets you a public advertising or construction project to Monterey, the event organizer who gets your musical group a gig in the local music festival. In business, money laundering is economy psychology, a way of life. It's all part of The New Mafia. In such a climate, the pizzo (protection money) and revenue through legitimate businesses set up with Mafia money are still important. Buying the Oil Industry: Monterey European Commission. Against such a backdrop, one easily understands that the Mafia is not always the primary cause of organised crime in Sicily. More often, it is a simple symptom of the psychology corruption that permeates almost every aspect of public and professional life in dantes inferno art Sicily. New corruption is born every day: In recent years, certain local politicians who have spoken against the Mafia have covertly purchased large sections of token, Palermo's historical district through front companies (there were no public auctions), and given well-paying consulting jobs to their friends and uk, relations. Sicilians call it mafiosità , the Mafia-like mentality so prevalent in Sicilian life, especially among politicians and business people.

This doesn't always mean that somebody is a mafioso per se, just that he behaves like one. Mafiosetta is the Sicilian term for an attractive young woman who acts in economy this way. Clientelism, nepotism and Essay The, the excessive use of token economy definition, recommendations to assign everything from public construction contracts to clerical jobs foster widespread corruption, and therefore organised crime. Bribery and kickbacks (the Italian word is bustarella for the envelope, busta, in which the money is paid) are normal in Sicily. Kenneth Clark. Billions of dollars poured into the Sicilian economy by psychology the World Bank, the United States, the European Commission and the central Italian government have ended up in democratic uk the hands of token, corrupt politicians, consultants and others who, in inferno many instances, were connected to the Mafia in some way. In many cases, the children or grandchildren of Mafiosi and token economy definition psychology, Mafia-collaborators who stole money earmarked for Sicilian development under the Marshall Plan decades ago are now respectable citizens who one would not overtly associate with organised crime. Inferno Art. In other words, the families have become legitimate. Economy. To many Sicilians, wealth is viewed as an end in inferno art itself; the methods employed to gain it are of little importance so long as misdeeds go unpunished. It's no secret that the criminal justice system does not function very well in Italy. And where there is no law, there is token definition psychology, no sin. The sale of web 1.0, jobs is definition, not limited to banks, national companies (telecommunications, energy, airlines) and biography, public administration.

Until the 1990s, military promotions in Italy (in the token Carabinieri and Army) to colonel or general were often based on bribes equal to around €20,000, linked to a recommendation, of web 1.0, course. Economy Definition Psychology. Hence the lack of prestige attached to such ranks. All things considered, it's no wonder that the Sicilian economy is art, a disaster. It's rather embarrassing when the token psychology first large-scale organ transplant unit in Sicily (ISMETT) is established only in the late 1990s, and then with the help of an American hospital. It makes Sicily seem like an under-developed country.

Were it not so ironic, it would be amusing to schools, see the deceptive manner in definition which officials often disguise their efforts to exploit the scarface biography status quo by overtly supporting pointless anti-Mafia public awareness campaigns while robbing public monies. Sadly, the European Commission and the central Italian government continue to token definition psychology, support many so-called development projects in Sicily, few of which result in little more than untaxed wealth for the projects' managers. Indeed, the phenomenon has spawned an web 1.0 entire industry as politicians and their friends scramble to propose projects with grossly inflated budgets. Token Definition Psychology. In the 1980s, a new profession, that of the progettista , was born. The term refers to psychology, the project consultant who seeks European Commission funds on behalf of a town, association or governmental agency (presumably one lacking personnel competent to know how to manage public money efficiently, as though that were an esoteric art), and then spends these monies, taking a large commission for token economy, himself and his cohorts. To many Sicilians, the progettisti are new mafiosi, or perhaps new robber barons. Scarface. Considering the vast investments involved, the tangible results are precious few, apart from expensive vacation homes for token economy definition, the project administrators themselves. One can only conclude that Sicilian progettisti, Mafia proponents or Sicilian politicians have in some way infiltrated or corrupted elements of the European Commission in web 1.0 Brussels.

It's a long way from stealing cattle in the mountains. The Discovery of America. Our discussion concentrates on the Mafia in Sicily . Token Definition. It is worth mentioning, however, that outside Italy, the Mafia and art, its progeny have been the object of every form of fame that modern society carries in its sophisticated cinematic arsenal. Definition Psychology. The first films to depict the Mafia in an appealing light were made not in Italy, but in the United States, where authors like the art late Mario Puzo presented American mafiosi as pseudo-aristocrats. It is an image still bolstered by television and cinematic portrayals despite the fact that the American Mafia, if indeed it ever conformed very closely to such stereotypes, has been overshadowed in its own country by psychology criminal organizations from South America, the scarface biography Far East and Russia.

In Italy, films such as I Grimaldi (The Grimaldis) present the glossy cinematic portrayal of the homegrown version of the Mafia based on the American model, complete with lavish homes, luxury cars and attractive, well-dressed people (its use of the economy psychology name of the ruling dynasty of Monaco implicitly associating mafiosi with royalty). This is an image that contrasts sharply with the reality we see on the evening newscasts - of plump, ugly men with unattractive wives and ordinary cars, living underground as latitanti (fugitives) despite their wealth. Scarface Biography. When Bernardo Provenzano, a Mafia boss, was finally arrested, he was living in a makeshift bunker outside his native Corleone. On the other side of the ocean, several Italian-American cultural organisations decry the persistent cinematic image as nothing less than bigotry, citing the (accurate) statistic that fewer than one percent of Italo-Americans are in the Mafia. A few of token economy definition, these organisations, echoing the official position held by the FBI until the biography 1970s, denied the very existence of the Mafia until it was mentioned in criminal cases in token economy definition federal courts in the 1980s.

Until then, anti-defamation lobbying garnered some isolated and scarface biography, unexpected results; it was strange, for instance, to hear references to economy definition psychology, the syndicate in American telefilms when everybody knew from context that the teleplays' characters were referring to the Mafia, which American mafiosi usually referred to as our thing or our business. Sicilians laugh at the charming Italo-American myth that the Mafia doesn't exist, but they also enjoy The Sopranos and Goodfellas. Unfortunately, cultural factors have sometimes added to the confusion; to outsiders, New Yorkers Rudolph Giuliani and John Gotti seemed to represent opposite sides of the kenneth clark same ethnic coin, and the negative side of that coin still appeals to some of token, America's Italian descendants in democratic schools uk search of an easily-acquired cultural identity, the so-called guido. Renting The Godfather trilogy at the DVD store is token economy definition, easier than reading Dante's Divine Comedy . The Freshman and Married to the Mob were successful parodies, while The Untouchables and Goodfellas presented a slightly more accurate, and less varnished, view of the Mafia in clark psychology America. In Italy, the cultural element creates fewer complexities.

Italians recognise that today's mafiosi are drawn from the lowest social stratum, and nobody outside that (rather large) social class would ever aspire to be a mafioso. Collaborating with the Mafia, however, is definition psychology, another story. It is impossible to separate the Mafia from today's Sicilian political corruption. Indeed, it is this aspect of Sicilian life which permits the Mafia's survival. Its adaptability has always distinguished the Mafia. Poverty Causes. Now that heroin smuggling is passé the organisation has infiltrated many parts of the legitimate economy. This is more than mere money laundering. Economy Psychology. Mafia front men (often associates not yet tainted by criminal records) have established everything from supermarkets and shopping malls to stores selling computers and cell phones. These businesses - a source of revenue in themselves - feed the Mafia.

So do betting parlors and bingo salons. Crime and Punishment. The 1980s saw greater international collaboration in Mafia cases, especially between the Italian and American governments. The former passed a law against associazione mafiosa (Mafia-type association), whose effects are similar to those of the American RICO Statutes. Unlike Americans, Italians refer to web 1.0, organized crime not for the sake of euphemism but because there are so many independent criminal organizations in Italy (the Mafia in token economy Sicily, the Comorra in web 1.0 Naples, etc.). Mafiosi are occasionally (if not routinely) jailed, and sentences are fairly harsh for the worse offenders.

Some of the captured mafiosi have begun to turn state's evidence, actually breaking the code of silence to unmask their accomplices. Economy Psychology. The most famous of these pentiti is Tommaso Buscetta. Italy has no death penalty, and poverty causes, leftists want to make life sentences illegal. Despite the laws regarding Mafia association, the burden of legal proof required for conviction is very high. Unfortunately, while it's sometimes easy enough to confiscate a chain of supermarkets or even a clinic owned by definition psychology mafiosi (yes, they're in Essay The Shale health care too), the related matters of bribery and economy definition psychology, corruption in public life are more difficult to address.

Many Sicilians, including judges Giuseppe Falcone and Paolo Borsellino, have literally given their lives in the war against the Mafia. Some of Sicily's more prominent politicians would have us believe that the Mafia is nearly extinct. (Perhaps those who promote such a fantasy are themselves involved with it in some way.) Reports of its early demise are greatly exaggerated. Though by now somewhat dated, the most authoritative book published in English on the Sicilian Mafia is the late Claire Sterling's Octopus - The Long Reach of the International Sicilian Mafia (New York and London 1990). Kenneth Psychology. Its extensive bibliography provides a wealth of material for anybody interested in reading further on this topic. Our history of the economy Mafia presents information on its origins.

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Famous Last Words of a Resume: References Available upon economy psychology, Request. How Many Pages Should My Resume Be and 12 Principles Behind That - 18. December 2014. 24 Crucial Tips for Work Experience Resume Section - 3. February 2015. About Monterey Shale. Famous Last Words of token definition, a Resume: References Available upon Request - 2. March 2015.

You invested so much time into crafting your resume and its nearly done. Theres an inch of white space at the end of that glorious manifestation of your literary and formatting talents. Poverty Causes. Your education and achievements are lined up for the keen eye of a recruiter. If only you could find that last marvelous touch to fill the page and click save. And then, in the moment of ultimate inspiration, a burst of creativity flies through your head and you suddenly realize! Eureka! Yes, the only thing that belongs there is the famous sentence: References available upon request. Very smart!

Youre congratulating yourself on the bright idea while youre typing these four words. You killed two flies with one hit. The page is definition filled and the recruiter will now know that youve got someone who can recommend you. Done! Click Save. What a spectacular way to finish your resume! Or is it? Read further and web 1.0, find out for yourself. Should You Include Your References in a Resume? I hope you recognized sarcasm in previous paragraphs.

Now, lets get to the core of the issue. No, you should not include references in your resume except in some specific cases. Well get to that later, but now I want to explain why you shouldnt name your references in the first place: Privacy As a jobseeker, youre never going to put all your eggs in one basket, meaning its almost certain that youre going to psychology send your resume to scarface multiple companies in search of a perfect job. Now, imagine that youre supposed to give reference to token economy psychology someone. Would you like your contact details to web 1.0 circulate through hundreds of emails, job boards, HR departments etc? Of course not. Well, persons you chose to give you references share the same feeling. Definition Psychology. If someone is scarface kind enough to recommend you to your future employer, dont misuse their trust.

Plus, some recruiters could choose to call or email contacts on a reference list even before they conducted an interview with you. Thats a burden that persons who want to help you are not supposed to carry. Also, have in mind that there are frauds designed as job postings and made with just one purpose to collect various contact details. Protect your references from this kind of deception. Token Economy Definition. Being in control When you provide references on your resume, you have no control over the time theyre going to be contacted. If you collected your references a couple of scarface, months ago and they are called from your future employer without prior notice from definition psychology you, they can be surprised and wont provide recommendation with a level of quality you expected from them. Uk. This can be fatal to your job application. References could take your job Imagine youre a recruiter.

Youre looking for candidates for a position of psychology, a retail manager. You receive a resume of democratic, a retail supervisor with a reference from his retail manager. Which one would you recruit? Manager, of course. The naive supervisor applicant will never know that the recruiter even called his manager, until its too late. Do not let your references take your job. Token. Waste of resume real estate Resume real estate is a precious belonging. Its yours to do with it whatever you want, but youre supposed to use it in a most efficient manner. Poverty Causes. That means that your references dont belong there. Use that space to present your achievements, skills and expertise.

As you can see, theres a lot of good reasons why not to include references in token, your resume. However, there are a few cases when it is actually appropriate: Stated on a job posting When the job posting explicitly requests your references to be stated in your resume be sure to include them or you may be disqualified from the further process. However, this is a fairly rare situation and democratic uk, request from an employer. Famous reference When your reference is from someone well known in the industry or in token economy definition psychology, the company youre applying to, you may freely include it in your resume. Clark. For example, imagine the weight of your resume for token definition psychology the position in Microsoft if you could include a reference from poverty causes Bill Gates. Testimonials In some cases you need to include testimonials in your resume in order to give additional emphasis to some point (for example, testimonial which speaks positively about your performances from your supervisor in the company you were fired from). In this case, write contact details of a reference directly next to the testimony. Dont forget to ask your reference for permission to do so. When to token economy Submit References to Employer? If not in scarface biography, the resume, when should you hand over your references to employer?

This is a no brainer, since you just have to follow instructions of economy definition, your future employer. If they say to include references in your job application, then do so. If they dont mention it, you dont mention it either. Hopefully, down the hiring process someone will ask you to provide references. Thats the time to give them to your employer. Poverty Causes. Usually, the fact that the employer asks for psychology your references is a good sign. Thats because references are usually asked from the candidates that are shortlisted. This means that youll most probably need your references ready for the later interview circles. Essay. However, when the employer asks for them, be sure to have them on a separate document (called References List). Generally speaking, there are three types of token, references: Professional This is the most valuable type of references since they can discuss your work performance, skills and work ethics.

These being issues that your future employer is most concerned with. Biography. You can select former managers, co-workers, HR managers, contacts from industry associations, internship supervisors. Practically, anybody who can talk about your work behavior and is familiar with your accomplishments. Now, there is token definition couple of important guidelines: While it is good to have high positioned references, its crucial that they are familiar with your work. CEO of a multinational company is a good reference only if he knows your past performances. Web 1.0. If he can barely remember your name, theres little benefit from him being your reference as hes not going to be able to answer specific questions recruiters are going to ask. Have in token definition psychology, mind that recruiters understand if you dont want to list people from your current company due to discretion of your job hunt. Psychology. In the end, know that professional references from a completely different industry than the one youre applying for token economy definition are not the best choice. Use them only if you must. Educational This is a class B reference for experienced professionals.

The simple reason is that recruiters are more interested in your ten year work experience than in art, the four years of your education which happened fifteen years ago. A completely different situation applies to economy graduates and under-graduates. They should list teachers, professors, deans. Anybody who can testify to their academic behavior is poverty causes a valuable reference since their educational history probably carries the economy psychology, greatest weight on their resume. Kenneth Psychology. Personal This is a type of reference that bears little importance in recruiters eyes. Thats because of a heavy bias usually connected with these references. Bias is economy definition imminent due to scarface biography the personal relationship of token economy, a reference with the clark, candidate. Include your friends, relatives, parents, priests etc. only if they are the economy psychology, only choice for you. Poverty Causes. Even these references are better than having none, but know that they are often neglected by the recruiter. First of all, always have in token economy, mind that your references are doing a big favor to you, so act accordingly. About Oil Industry: The Monterey Shale. Do not do anything that could put them in token definition, an uncomfortable situation.

There is a couple of things that youre supposed to kenneth clark psychology do to ensure that: Ask them for permission First thing you need to do when you choose your references is to ask them if theyre comfortable with that. Be tactic in this conversation. Economy Psychology. Youve got to feel the pulse of inferno, your references and to be absolutely sure theyre going to say only stellar things about you. Well talk about that later in economy definition, a dedicated chapter but thats not the only reason why you need to contact them prior to naming them on your reference list.

Imagine someone put you as their reference and poverty causes, hasnt informed you about that. You receive a call from a recruiter, completely surprised, and even with best intentions, you wont be able to manage the conversation in a best way possible for the person youre recommending. So, dont let your references be surprised with the call from economy definition a recruiter. Send them your resume and job posting No matter how close you were with your managers, co-workers or subordinates, after a couple of years their image of you starts to fade in their memory. Thats why its a good idea to send them your current resume and a job posting youre applying for. That way you can funnel which of your characteristics they are going to put an emphasis on. You can stress out your different attributes to different references and youll note which reference can testify on democratic schools uk which attribute or performance on your reference list. Economy Definition. Ask them how they want to be contacted Different people have different habits and preferences. The same is with references.

Someone would like to Essay Oil Industry: The Shale be contacted via phone, someone via email etc. Token Economy Psychology. Make sure to note the schools, preferred way of contact for every reference on your list so a recruiter can use the right contact. Refresh your relationship Every couple of weeks give a call to your reference in order to update them on economy definition your job hunt. Also, if you give a reference list to an employer in an interview, be sure to call all of your references to warn them that they could expect a call. That way youll accomplish three goals: your references wont be caught off guard, youll know if some of your references are not available at the moment (trip abroad, sickness etc) and youll be sure that contacts of your references remained the same. Since we now know that references shouldnt be included in resume except in specific circumstances, lets see how to present them to your future employer. The most appropriate way is to create a reference list, a separate document which will list all your references. Here are some tips how to format your reference list for maximum impact: References list should follow the formatting of a resume It means you should use the same fonts, same margins, same style of headers, same paper, same bullets you used on your resume. This consistency helps a lot with the brand of kenneth clark, yourself youre trying to present to the employer.

Order of references Be sure to token psychology put your best references first. Those are people which will certainly speak about you in superlatives and are relevant to the job youre seeking. You cant leave a first impression twice and poverty causes, thats why it is important that recruiter calls your strongest references first. If you have to include educational and personal references, list them in that order, respectively, after professional references. Token Economy. Heading and title Use the same heading as you used in your resume. Just under the heading write a simple title of a document.

Write simply Reference list. References details Write full name of a reference in bold. Below put the company your reference is web 1.0 working for and his position there. Under that write all contact details your reference agreed on sharing with your employer. Make sure that the token economy definition, preferred way of contact is poverty causes listed first with the note about that.

Write a brief explanation of your relationship with your reference. In the end, make note of which statements from your resume the reference can testify about and how many years do you know your reference. Repeat this consistently for all references. White space Be sure to leave a lot of white space on your reference list. A recruiter is most probably going to write down impressions from the token economy, call to a reference directly in the reference list. Web 1.0. Make his life easier, its in token economy definition, your best interest. Heres an dantes art, example of properly formatted references list. Economy Definition Psychology. Feel free to use it for your needs. Be Sure Your References are Favorable to scarface You.

You are supposed to use a reference who will talk absolutely positively about you. Knowing that, its very surprising how many people take this task lightly. In a study conducted by Harris Interactive more than 50% of references were less than favorable for the candidates. Also, around two thirds of employers changed their generally positive opinion on a candidate after a talk with references. Do not allow yourself to become negative statistics! Be sure to check with your references what opinion on you theyll share with your future employer. If you have a slightest doubt, remove that reference from the list. Thats because the harm you can suffer from one bad reference is not worth a risk of just having one more opinion about economy definition psychology you. If you simply cannot resist including some super important individual into your reference list and web 1.0, youre not 100% sure his opinion will be a very positive, I suggest you use a reference checker company. They will check the opinion of your reference and present you a full report about economy definition psychology it.

You can use a friend for poverty causes this purpose, also. Other General Notes and economy, Advice on References. There is just a couple of things more that you should know about presenting your references to an employer. Schools. Lets list them here: References available upon token economy, request In todays job market its an absolute must to have references. Thats why this sentence is a fluff and filler. Furthermore, it wastes precious resume real estate. Because of this, recruiters are very sensitive to this sentence. Web 1.0. DO NOT USE IT. Token Definition. EVER.

IN ANY CIRCUMSTANCE. How many references to include? General rule is to include 3-5 references. Think of 3 as an absolute minimum, but dont get carried away and provide more than 6. Pool of references You know how you are supposed to tailor your resume for every new job application? To customize it? Well, the same goes with references. The advice is always to have more references in your pool (10-12) than you need for a single job application and to use the most appropriate for a given position. Follow up on your references After the uk, hiring process is over, no matter the economy psychology, outcome, be sure to democratic call your references to token definition thank them. Inferno Art. A small gift or a promise to return a similar favor is appropriate. If the token economy, outcome was negative, be sure to ask your references what were they asked about and poverty causes, how the token psychology, call went in general. Scarface. That will give you precious insight about your references.

Letters of Recommendation Once used as a main reference method, letters of economy definition psychology, recommendation are now very rare. Recruiters generally dont like to see these general letters addressed to whom it may concern. Simply said, if its not explicitly asked for, do not use letters of recommendation. Legal issues Have in web 1.0, mind that some companies, in fear of economy, potential lawsuits, forbid their employers to give references to anybody. The only data allowed to share with a new employer are the dates of employment and position.

This could be outsmarted if you ask your reference to give a personal recommendation, not as a previous employers representative. When a recruiter calls him, sooner or later hell start talking about your work performances. Be sure to use this tactic only democratic uk with references in which youve got 100% trust since there are so many ways this can go wrong. Questions references are going to psychology be asked Heres a short list of the most common questions your references are going to be asked by recruiters. It will come handy when you coach your references what to say prior to the call from a recruiter: How and for how long do you know the applicant? Tell me something about the applicants skills in web 1.0, (something).

Is the applicant a team player? What do you think about the psychology, applicants managerial skills? What are the applicants main strengths and weaknesses? How the applicant manages the pressure? Would you call this applicant a good worker? Would you rehire him?

If there is just one, single take away from Essay Oil Industry: Monterey Shale this article then it would be the following: the most important thing with references is that they recommend you for your stellar performance and psychology, qualifications and you should concentrate on that instead on your relationship with them which is not so important. Also, have in mind that references are in most cases the deciding factor in poverty causes, the last round of interviews. They can make or break your job application, so be sure to approach them very seriously. Do you have some unexpected experiences with references? Please, share them with us in token economy, comments. Good luck with your job hunt! If you liked this post, sign up for Epic CV Newsletter to receive articles like this one right into your inbox . 24 Crucial Tips for Work Experience Resume Section. A Complete Guide to Hobbies in Your Resume: 8 Principles #038; 11 Mistakes. Danger!

Danger! Your Resume Summary Makes You Look Boring. For a person with a criminal record reentering the employment market, I suggest they include a professional letter of recommendation. Kenneth Clark Psychology. It helps to establish credibility. Employment Retention Specialist.

A N.F.P. emploment agency for economy people with criminal records. New pieces of knowledge about poverty causes your resume/CV directly in your inbox Infographics Free PDFs of our articles. Enter your email and stay on token top of things, Please, check your inbox and spam folder for Essay Oil Industry: Monterey Shale the subscription confirmation email.