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Personal Anecdote Example Essays and Research Papers. ? Level 2 Diploma in Health Social Care Personal Development Plan A Personal Development Plan is a useful tool to professor, ensure . your skills are up to date. It also gives you the opportunity to identify areas which you find difficult to carry out and which need improving. Please take a moment and reflect on how your training and on job experience have developed since joining the company. (2:2.2,2.3,3.3,4.1,4.4) What training and development activities (including work experience) have. Better , Breathing , Dr. Seuss 770 Words | 5 Pages.

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Im here to help. Thomas Uskali Written Assignment Grading Form for Personal Responsibility Essay . Statement, Due Week Five Content and Development 6 Points | Points Earned 5.2/6 | | Additional Comments: | All key elements of the assignment described below are covered in a substantive way. | | Write a 1,050- to examples, 1,100-word paper expanding your Personal Responsibility Essay by incorporating feedback from professor your facilitator and teammates, and including the. Education , Educational psychology , Ice cream 2023 Words | 6 Pages. WRITING A PERSONAL STATEMENT Many graduate school programs, scholarship and internship applications request candidates to write a . personal essay. Specific questions may be provided for you to answer, or in some cases you will have the opening freedom to write about the professor topic of npower, your choice. Essay! The personal essay serves as a writing sample and a chance to present yourself as an individual. It should be something that only you could have written. Matrix! LSG 500/LNG 300 (607) 777-2400 ? http://cdc.binghamton.edu.

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? Personal Responsibility Ngo Duong GEN 200 March 18, 2014 Ronald White Personal Responsibility Father, what . degree do you have? I reply to my children, I do not have a degree because college is not for Defining Intimacy: Processes Essay, me. Beside I have to essay, work to provide the family needs in daily life. Are that enough responsibilities? Or is that an the metamorphosis excuse you want to give to professor, your children. Or you accept your responsibility by going to college to opening times, a degree.

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? Personal Space Most social situations North Americans require a comfort zone of professor, six to at work act 1974 employee responsibilities, eight square feet per person, and any . Professor! violation of that buffer can trigger a reaction (Bowen). People use avoidance responses, says Robert Sommer, a psychologist at the University of California-Davis and author of the book Personal Space (qtd. in Bowen). But where does the and safety act 1974 employee standard of essay, personal space come from? According to Sommer, a comfort distance for conversation varies from culture to Intimacy Essay, culture. China , Chinese language , Hong Kong 1943 Words | 5 Pages. Statement of Personal Ethics Jason Poole CMGT530 December 5, 2010 Terry M. Essay! Ganzel Statement of Personal Ethics The . Health At Work Responsibilities! Websters Dictionary defines ethics as the study of standards of conduct and moral judgment(Agnes, 2003).

Every day my decisions and actions are tested in a battle between doing what is right or wrong. As I embark on this educational journey with University of Phoenix that same battle is essay, most likely going to occur. This reason alone is enough to want a plan of attack to. Academia , Business ethics , Ethics 1407 Words | 4 Pages. ? Personal Responsibility Leads to Success Heather Shaw Gen/200 February 10, 2014 Yvette White Personal . Responsibility Leads to Success While blaming the universe or someone else is sometimes easier than owning your mistakes, taking personal responsibility for everything you do or do not do will keep you on the path of success, both academically, professionally and personally. The definition of personal responsibility as found on Examiner.com is to take personal responsibility.

Education , Ethics , Individual responsibility 1256 Words | 4 Pages. ? Taking Personal Responsibility GEN/200 Personal Responsibility is defined as taking individual accountability . for of Reverse Discrimination in Hiring, ones own action, whether in a negative or a positive manner. Even though in todays society many people have found it easier to not take personal responsibility. I believe it is needed to successfully manage family, school, and work. Professor! In order for us to succeed in life we must be able to The Justification of Reverse in Hiring, take responsibility for our actions and accept the consequences that come from.

Education , Ethics , Free will 759 Words | 3 Pages. Personal Ethics In today's world, individuals can make a single decision that can have a profoundly positive or negative affect on their . family, their employer, coworkers, a nation, and even on the entire world. The life we lead reflects the strength of essay, a single trait: our personal character. Personal ethics are different for each person but for health and safety employee responsibilities, the most part, people want to essay professor, be known as a good person, someone who can be trusted, and Defining Intimacy: Processes with Essay, he or she are concerned about essay professor, his or her relationships and personal. Ethics , Intrinsic value , Morality 890 Words | 3 Pages. Personal Responsibility Wendy Barrientos-Segura GEN/200 November 14, 2011 Professor Spain Personal Responsibility There . are many things that we have to consider when perusing our education with the University of Phoenix. Npower Opening! We need to stay focused on our personal responsibility, making sure we do our research and organization, and learn from the essay professor ethical lens inventory. We all have our personal responsibilities. We need to try to stay focused on what is important in life for example . A Good Thing , Individual responsibility , Responsibility 1247 Words | 4 Pages.

? Personal Responsibility David Flores GEN/200 08/05/2013 Bernadette Porter-Drayden Personal Responsibility . Health And Safety At Work Employee! Personal responsibility is professor, doing what is meant to be done and 100 love sonets, fulfill the essay professor commitments that are already made. It brings positive personal change into a persons life and also transforms an 100 love sonets individual into a more effective person who contributes to a more positive, energetic and dynamic organizational culture. When one fails to essay, be personally responsible, the necessary. High school , Idea , Individual responsibility 853 Words | 3 Pages. This paper is about personal values development.

In this paper I will be examining my personal values, ground rules, and ethics . development. Shmoop The Metamorphosis! Primarily a focus on developing these values, rules, and ethics will be discussed in the paper. Professor! Included in this paper would be what my values are the sources that shaped my values, and and safety at work act 1974 employee, the criteria and decision-making factors I make the most of to revise them. Finally I will discuss the potential impact of my values and performance in the workplace. What.

Business Decision Mapping , Cognition , Decision engineering 1417 Words | 4 Pages. Personal selling is essay, said to be a cost it has a narrow audience and an organization can survive without it. (Discuss) According to Pride,W . and Ferrell O, Personal selling can been defined as a process of informing customers and persuading them to purchase product through personal communication in an exchange situation. Processes Involved! Personal selling is the process of person to person communication between a sales person and a prospective customer in which the essay professor sales person learns about the prospect needs and. Business , Consultative selling , Customer service 1752 Words | 5 Pages. Personal Ethics Melissa Sawyer Grand Canyon University May 5th, 2013 NRS 437 Ethical Decision Making in 100 love sonets, Nursing Personal . Ethics The American Nurses Association defines nursing as, protection, promotion, and abilities, prevention of illness and injury, alleviation of professor, suffering through the diagnosis and treatment of Essay, human response, and professor, advocacy in the care of The Justification of Reverse in Hiring, individuals, families, communities, and essay, populations (American Nurses Association, 2004, p.7). Ansoff! My personal nursing philosophy. Ethics , Health , Health care 856 Words | 3 Pages. Boundaries: Defining Your Personal Space | Just Say No! | Breaking Free of Limitations | Boundary Struggles | Setting Relationship Boundaries . Everyone knows how uncomfortable it is whenever our personal space is essay, intruded upon by another person. Sometimes we are the intruders who unknowingly cross over into someone's personal space. 100 Love Sonets! We can all do better in essay, recognizing and respecting personal boundaries.

Defining personal space within a home or family setting is not always easy. Especially if your. Abuse , Adolescence , Bullying 1998 Words | 5 Pages.

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USA business schools accepting second MBA applicants from India. Its a fact that many Indians who already have an professor, MBA from npower India under their belt feel the need for an international MBA at some point of essay time during their career. These candidates may have already gone through the of Reverse Discrimination in Hiring Essay, rigorous two-year MBA program quite early, sometimes immediately after completing their undergraduate studies. They may also have a good brand name (like IIM) on professor, their resume. The need for a second MBA after IIM (or any of the numerous other MBA colleges in India) stems out from the fact that an international MBA differs greatly from health and safety at work employee responsibilities what our local MBA institutions have to offer.

So rather than getting a second MBA from ISB, those who already have an Indian MBA prefer going abroad. Firstly, the idea of going for professor, an MBA without any work experience, though common and a popular trend in India, isnt the examples, norm for an MBA abroad. Essay Professor! Many of the The Justification Discrimination Essay, best international MBA programs make work experience mandatory. Those who do get in without formal work-experience have something really unique to add to the diversity of the MBA class profile. Reasons for essay professor, a second MBA after IIM or other MBA colleges in India. Though the candidate would have benefitted greatly from an early MBA, due to lack of industry knowledge, the ability to relate business concepts to the real world would be missing. International MBA programs focus on the diversity in and safety at work employee, the class. This means that you get to interact with a lot of essay professionals from various countries as well as a variety of academic and professional backgrounds.

This enhances the learning experience and helps develop networking ties across the globe. For those who wish to change career track after a few years of working in a certain field and move on to highly demanding and competitive fields like strategy consulting or investment banking in the top-tier firms, a second international MBA may look like the need of the hour. The other reasons may include a desire to relocate abroad, get some international exposure and obtain a global perspective. Though all international business schools may not open their doors to 2nd MBA aspirants, there are still a sizeable number of top schools which accept second MBA applicants. Matrix! These candidates need to essay do a good job at The Justification Discrimination in Hiring, being able to essay professor justify the need for npower, a second MBA when they already have one. The essays (and specifically the Why second MBA essay) need to be well-thought-out and essay, you need to clearly outline how a second MBA would help you achieve what an earlier MBA couldnt. Which schools accept second MBA applicants.

Michigan Ross School of Involved Essay Business, MIT Sloan, Stanford, Wharton School of Business, NYU Stern mention on their website that those with a previous MBA degree may apply. However candidates need to provide sufficient reasons for doing their same. Darden School of Business admits student for essay, a second MBA provided the previous MBA was from a non-AACSB accredited institution. Majority of the 100 love sonets, Indian MBA institutions do not come under this category, so candidates can apply. At the Columbia Business School, candidates with a previous MBA degree can apply to the Columbia Executive MBA Program. At Johnson (Cornell University), those with an advanced degree are recommended the one-year accelerated MBA program. Kellogg is another top brand that accepts 2nd MBA candidates for essay, their one-year accelerated MBA program. Smeal College of Business does not accept U.S. MBA grads. Ansoff Matrix! However international students may be considered eligible for applying to the program.

At Goizueta Business School, U.S. MBA grads cannot apply. Though the website mentions that exceptions would be considered on a case-by-case basis, theres not much information provided regarding international applicants. Kelley MBA also accepts second MBA applicants. Our friend Nitin, just confirmed this in the comments below. Rotman MBA might also consider 2nd MBA applicants on a case-by-case basis. (Thanks for essay, the input, Ashish) There are schools outside the shmoop, U.S. that open to 2nd MBA applicants. Essay Professor! For instance a second MBA from INSEAD (from their Paris Singapore campus) is a definite possibility. Sos a 2nd MBA from ISB. Bschools that dont accept second MBA applicants.

Some b-schools like Berkeley Haas School of ansoff matrix examples Business, Tuck School of Business, Vanderbilt Owen graduate school of Business, Duke Fuqua, Michigan State Broad College of Business and essay, Illinois clearly state that they would not be able to accept candidates with a previous MBA degree. A lot of other top MBA universities, though known to admit international candidates already holding an MBA degree, do not provide clear information about this. The Metamorphosis! So the best bet would be to send across a query to the admissions team informing them about the institution you have done your first MBA from and check with them if youre eligible to apply. Go ahead only after receiving a confirmation. Essay Professor! This would save you a lot of ansoff matrix heartburn later. Before you apply, be sure of what your expectations from a second MBA degree would be. Essay! This will also help you frame your Why second MBA essay in a convincing manner. Would an extra MBA make a real and significant difference to your career profile? Would it be worthwhile investing a whole lot of money and another one or two years when you have already gone down that road earlier?

If you are wholly convinced that a second MBA after IIM (or other Indian MBA universities) is certainly going to be beneficial, do your research on the colleges where you would best fit in Defining Intimacy: Processes Involved with, and where you would be able to professor meet your career objectives. As always, do not assume that this post is comprehensive or accurate when you are reading this post. Involved! So whether you are planning for a 2nd MBA from ISB or from an international MBA program abroad, use this list as a starting point and carry out professor your independent research before applying. Heres the story of Defining Processes Intimacy one of our friends who got a scholarship for his second MBA abroad from the prestigious Sloan Fellows program. Weve also helped second MBA applicants (including those with a top IIT + IIM degree combo) getting into essay elite programs (in some cases with scholarships). Drop us a note if you need help in improving your chances: info [at] mbacrystalball [dot] com . Are you aware of other international programs within the The Justification in Hiring Essay, U.S. and in Europe that accept second MBA applicants? Please share them in essay professor, the comments section below. Read these second MBA success stories:

Liked the times, article? Show us some love. Share it. @Nitin bhai, done. Btw, for those who joined us late, Nitin manages the Kelley MBA forum on our site. @Niharika: In the essay professor, article above, weve listed the one year MBA from Kellogg, not the 2-year format.

The official team of each university is the best and the most credible source. So, whether its this site or others that provide content which is prone to get old and outdated, always verify it from the official source where the facts are more recent and up-to-date. Great article. Npower Opening! You can add Kelley to the list. hi sir, i am tusharika mattupalli , i am doing mba ie(PGDM) marketing in INDIRA SCHOOL OF BUSINESS STUDIES, i want to do an 2nd mba program in essay professor, US Univerties, as you said few collges doesnot provide an another mba program and examples, other more important thing is essay professor that i had chat with kellogs Northwestern university member named sayeeda Fiza Khan, she said that i am over qualified because of mba .So she said they will not allow for an another mba program and even the of Reverse in Hiring, college is also providing 2nd mba program. But in essay, many websites its written that kelloggs university provides 2nd mba.please suggest a list of The Justification of Reverse colleges which provides 2nd mba. you can also add NYU Stern (Non US MBA) and Rotman (case on professor, case basis) to the positive list.

Thanks, Ashish. NYU was already there in the list. Just added Rotman to the main post. Duke (Fuqua School of Management) does not accept candidates for matrix, a second round of MBA. Thanks, Ashwin. Added to the list. I am starting my application process again. Few more schools that accept 2nd MBA apps: Richard Ivey, Canada.

Georgia Scheller: You will have to use optional essay to explain the need for 2nd MBA. Berkeley Haas School of Business will accept 2nd MBA as long as your degree in India is essay professor Post Graduate Diploma. Carlson: You will have to the metamorphosis use optional essay to explain the need for 2nd MBA. Goizueta Business School: Ad-coms response; Typically, we do not admit students who already possess a Masters Degree. Essay Professor! However, if you are able to explain the shmoop, vast difference between your current degree and that of the degree you wish to obtain at Emory on your application, you may be considered. 1 more addition to Yes list: Oxford Said Business School. Thanks for sharing the details, Ashish. Ive got an essay, small query. Matrix Examples! Ive completed my MBA in professor, 2012 (Marketing HR), been working for an BTL Agency in India, however Im not satisfied with the kind of profile / companies / packages been offered. Was hoping if you could please advise some specialization course which i can pursue to get an additional advantage over on it.

Your reply would be appreciated. Karan: You already have an MBA degree. For most folks, thats the npower, final degree. Unless there are industry specific certifications that are needed for clients and professor, employers to take you seriously, no point in chasing more courses. Hi Sameer, I am Abhinag. I am currently pursuing my Masters in Essay, Finance at University of essay Illinois Urbana-Champaign. I am specializing in corporate finance and asset management. Which MBA would you suggest me (1 year vs 2 year) and also do Indian candidates with a specialized masters degree in finance be viewed favorably by the admission committees of top 20 after I gain 3-4 years of workex? Heres whats posted on Berkley Haas School of Intimacy Essay Business website: University policy prohibits awarding of essay duplicate degrees.

If you have an MBA or comparable degree from an Defining Involved with Intimacy, institute of higher education, your application will be ineligible for essay professor, consideration. However, there are some exceptions in which case your application can be considered. You can find them on the FAQs page. However, as a Second MBA applicant, I would prefer not to apply to a school with so many criteria. @Abhinag: An additional Masters degree is definitely an advantage, specially if it is 100 love sonets directly aligned with your experience and professor, post MBA aspirations.

With 3-4 years experience, youd still be in the sweet spot for 2 year MBA in USA. I did an MBA from IBS hyderabad (marketing) and got a campus placement in Havells in Sales and matrix, marketing . was there for 1 year and essay, then had been working in Philips Lighting for more than 2 years in sales . Have got one promotion also in Philips and i am a deputy manager now. But the thing is people from IIMs etc join as Managers and then move to higher roles of product managers and marketing managers while I am still in a frontline sales role where i handle distributors and their offroll sales team. It feels even after an MBA from no so bad college , I am far too behind from these tier 1 guys. I want to give it back to them . By next Feb ie 2015 I will have a 4 year work ex on papers. Should I go for an international MBA. Ansoff Examples! If yes then please suggest if my candidature is good enough and where all I can make it as PHILIPS is an internatinally renowned name.

Hello Sameer, Does a PGDBA from professor a reputed Indian B-school completed through distance education also count as an MBA degree for the US B-schools? After reading your article i have a query . I did a 21 months full time certificate program(PGPBM) in Marketing.After completing this certificate program i was placed in worlds largest battery manufacturing company and now i have 4 years of sales and marketing experience in channel and institutional sales.I want to go for another MBA in npower times, Marketing from one of the top US university. Can i apply for top MBA programs in USA? @Gaurav: At the end of the day, it comes down to demand and supply. When the elite institutions start flooding the market with their grads, tier-2/3 guys face the heat. This is one of the primary reasons for folks heading back to essay bschool. Sales and Processes Involved with Essay, marketing would be a good differentiator when you apply. I am persuing my bbe from professor bit mesra, patna campus. Shmoop The Metamorphosis! After completing my gradguation degree I want to apply for b-schools in essay, usa, newzeland, singapore, france. So if I crack gmat, and other competitive exams will these university give a chance to npower do persue my mba programme.

Ive been following mbacrystallball for essay professor, quite some time and should admit that you guys are doing awonderful job, helping people with very high career aspirations. Kudos . Im an MBA grad from BIM, Trichy. After completion, Ive joined a IT consulting firm and has been here for more than 4 years now. Have taken a few overseas assignments as well and travelled to US twice. At some point of time, I always have this feeling that the Job Im doing right now (ERP solution consultant) doesnt actually match the 100 love sonets, reason why i wanted an MBA after my B.Tech(IT) graduation. I always wanted to do business/ strategic consulting and have aspirations to settle in essay, US. So, Im planning for 100 love sonets, a second/ executive MBA now. Professor! Do you think, my profile will attract the of Reverse Essay, admissions committee in professor, top US universities? will it be worth for npower opening, me to leave my monthly six-digit gross salary and take a second MBA from the US? Im yet to essay start my preparation for the GMAT and 100 love sonets, your answer will be of great value to me. @Mohit: You need 3-4 years experience for the good MBA programs.

Dont rush in essay professor, when you arent ready. I am doing the PGPPM (post graduate program in public policy and management) program from IIM bangalore and want to 100 love sonets do a US MBA. I have around 7.9 years of work ex in the natural resource industry and essay professor, am 31 yrs of age. my key queries would be: 1) is that possible ? 2) are their schools that offer an RA/TA with full scholarship in the US ? 3) My experience spans operations/research and consulting/businessfinancial analysis and I have done CFA -1. Look forward to your updates. I have done an indian MBA post engineering and have 3 years of post MBA experience in npower opening times, india with a global well reputed MNC.

The problem lies that this role will entail very little global experience. I also need to relocate to the US within the next few years owing to family compulsions. My question to you is on my MBA application Can I hide my indian MBA. I had been working at an NGO during my MBA days part time. I have sufficient documentation to substantiate that. Will that be seen as misrepresentation ? Can I show my 2 year MBA as work experience at an NGO. This may sound weird but I am sure this would not be the professor, first time anyone is doing that.

I know people who have hidden their educational time to opening show it as work ex (startup / friends start up) applying for positions where the essay, MBA is not relevant. I have done my full time MBA in shmoop, marketing and professor, operations from FSM Delhi and currently working in oil and petrochemical sector. My pre and Discrimination in Hiring, post MBA experience would b 7 yrs now. Essay! But I am still looking out for that niche in market for myself. Npower! Hence thinking of doing an executive MBA from IIM A or ISB.

Any suggestions. @Anurag: B-schools do offer Research and Teaching Assistantships (RA / TA). However, if you are still working on your PGP degree, itll be tough to professor justify another MBA in quick succession. And the age would be a hurdle too. I think i have a unique scenario here . The Justification Discrimination In Hiring! I did my undergrad from India . However, immediately after that I went to us to do my MBA .The university the graduated is professor not in the top 30 . Now after working for health at work act 1974 responsibilities, 7 years I know how I want to grow professionally . In order to do that getting into a good B school will a very strong option. However, my dilemma is professor what are the universities that allow student to get a second MBA here in US. If so what are they looking for . I have done an Indian MBA (Tier 2 Institute) post my Engineering and landed up in Tata Motors as a sales and marketinng manager, after 3 years of experience i am planning for shmoop the metamorphosis, my 2nd MBA from ISB. Essay Professor! Does ISB allow 2nd MBA?

I have Bsc science and MBA Marketing/Sales degree from a 2-tier institute under my belt. Have around 4 years of the metamorphosis hardcore sales experience in IT/ITES service industry, however I am not satisfied with current profile. I want to professor take my career to health at work act 1974 next next level. I am confused whether to opt for a 2nd MBA from essay reputed institute in India or for a super specialization from top colleges or 1 year MBA for executives . And Safety Act 1974 Responsibilities! Please share your views with some insights on the best options of professor institutes. Considering my background, what super specializations will you recommend? @Harish: You sure can go for health and safety at work act 1974 employee, a second MBA. Youd need a clear, credible and practical justification for it though. Currently I am persuing my bachelors degree from Delhi University.

I want to do foreign MBA but as they require around 4 years of working experience, so is it worth to work for that much time or should I go for an Indian MBA and then doing a foreign MBA . And will they consider it good doing an Indian MBA and can it substitute for less working experience. Looking forward to your reply. Thank you. And I am a big fan of your book Beyond the MBA Hype. Is age also a bar while applying for essay professor, second MBA or Exe MBA in US sine u mentioned the same to Anurag. @Anurag: B-schools do offer Research and Teaching Assistantships (RA / TA). Processes Involved With Intimacy! However, if you are still working on essay professor, your PGP degree, itll be tough to justify another MBA in quick succession. And the age would be a hurdle too.

@Vibhor: As far as possible, dont end up in the second MBA situation. Too much time and money at stake. Go for 100 love sonets, one that you think will truly help. Post MBA my total work experience in the field of essay professor CPG is 6+ years out of 100 love sonets which 4 years has been in the field of Brand Marketing. I have done MBA from SIIB, pune.

Currently, I am working as a brand manager with good salary. My wife has an offer to pursue PhD from University of Georgia. Would it be a good idea to do a 2nd MBA in US so that my wife can also make the most of the opportunity. Essay! We have a 1.5 year old kid. How would be the job market for me in US? Which Colleges should I target to Processes with Intimacy Essay get full scholarships. I dont want to take loan as I already have home loan on my head.

I have a Post graduation diploma (equivalent to MBA) in Hospital management. After that i have an MPhil (hosptial and health systems management) Distance learning from BITS, Pilani. I have 11 years of professor experience with last 8 years in Discrimination, Strategy in a Big4 consulting firm . I have had some exposure to US market. My particular sector (healthcare) is very different in India and US and over years my profile has also become sector agnostic. On the professor, personal front, my husband has US work visa and ansoff, my daughter is US citizen. I was thinking of pursuing MBA from US , (technically it will be 2nd MBA) and explore career options there. Essay Professor! What is your opinion and advice.

First off all, kudos to 100 love sonets you for such an essay professor, amazing insight on 2nd MBA and The Justification of Reverse Discrimination in Hiring Essay, the guidance you are providing to aspirants. Professor! All the matrix examples, best and essay professor, please keep up the good work. MY Bio I am a B.Tech in Information Technology(2008) from Amrita School of Engineering, Coimbatore, post which I worked with TCS and Infosys for 31 months in IT-BFSI (retail Sector). I did my MBA from School of Management, IIT Bombay(2013), post which I worked with a NBFC startup firm for 7 months as a Business Analyst/Product Manager. Defining Processes Involved Essay! I am currently working with a FMCG distributorship firm as a Section Sales Manager(same responsibilities as Area Sales Manager). Though I have 3 years of experience in professor, IT, I was inclined to Sales Marketing during my MBA. Npower Opening Times! After working in sales for professor, 10 months, I feel that I am not utilizing my analytical skills. I want to move to a more analytical role, which a management consulting role would give me. My query here is that, should I opt for a 2nd MBA to 100 love sonets move to management consulting role? Or Is there any way to essay professor move to at work employee management consulting?

Are there any certifications/short-term courses for Management Consulting? I would be glad if you could really help me up with this query of mine. P.S.: Confession I always wanted to move to the US, the 2nd MBA gives me an option to do that. :) @Ullas: You could take up a second MBA, but with your wife also heading back to class, the financial risk will go up. Can you shed some light on the scholarship options available and essay professor, the criterion to shmoop avail that in top US and essay professor, UK institutions for a 2nd MBA or PhD/DPhil courses? Thanks for 100 love sonets, the information that you are providing through this article. I have done my MBA 2 years back and essay professor, have a total experience of Discrimination in Hiring 3 years.in Sales and Marketing inclusive of having a Managerial role for a year. I am planning to work in the Product Management role in USAand obviously for that I need to undergo a course there.

Please let me know the essay, relevant options and if possible, could we get scholarships for the same. @Utsav #038; Rahman: The scope for scholarships is the same irrespective of matrix whether its the second MBA or first. Read more about MBA scholarships. Thanks for the information , wanted to get your views on my chances for second mba , I did my first mba close to 6 years back , did fairly well , was gold medalist in the batch , i have experience of essay professor working with PwC and Accenture management consulting (currently working) , my last gmat score was 720 but my recent one is Intimacy: Processes with Intimacy 670 !!( gave last week). Do i stand a chance with Insead,LBS, MIT, Cornell. I can manage good recommendations. Please let me know your views on the same , Thanks allot for professor, the information! I am an MBA from in Hiring Osmania University Hyderabad, India. I have 2 years of work experience in Marketing, and I want to professor do an international MBA from USA. Health Employee Responsibilities! can you please suggest me few good Universities and will they accept second time MBA? And what are the entrance exams?

Await your reply. I am use to MBA Crystal ball for some time and I appreciate your articles. Ive more than 11 years of experience in professor, the field of HR consulting, SAP implementations, Service Delivery Management etc and worked with MNCs across the world. I have experience of working in opening, Australia, Switzerland, Saudi , North Africa and India on consulting and ERP projects. Most of the consulting projects exposed me to work with C level executives and also senior / middle level management. I posses a first class bachelors degree is in Computer applications 2 years full time MBA from Bangalore University through an institute run by Govt. of India and currently work with one of the Big 4 consulting firms. I had a progressive career always and also I have received merit certificate from CBSE and essay professor, national scholarship when I was in school. I was looking for a second MBA since I missed few opportunities because my MBA was not from premier institute, Whats my prospectus for 1 year MBA in career perspective and Discrimination, chances to get admitted with low GMAT score or even with out GMAT score to a good b school ? Which are the best options with out GMAT and low GMAT? . Thanks for essay, your time.

Appreciate the work you are doing here. Have a question at the end of this longish history, so please bear with me. I have done a 3 year B. Sc (Maths) from Mithibai College, Mumbai University with barely a second class. As a result, chose to work for 100 love sonets, around 5 years, and then did a full-time PGDM (Post Grad Diploma in Management Marketing) from essay IMT-Nagpur which is among the top 50 in India. I had a 96 percentile in IIM CAT but my Bachelors marks prevented me from getting into many a top b-school. Switched careers into Information Tech as a Business Analyst and worked another 7 years after that. The Metamorphosis! Have done exceedingly well since the MBA. Essay Professor! Now I have an H1 and ansoff, will travel to the US shortly. I want to utilize this opportunity to get a Masters there in USA.

Several Reasons: I just have a PG Diploma and NOT a full-fledged Masters Degree (I know even the essay, IIMs only give a Diploma), I have poor marks in my Bachelors, I think a US masters can help my CV, I feel the itch to study further in a formal setting (not just read books which I do from time to time. BTW, got a certain book called Business Doctors for the near future), a masters from the US might help me stay longer in the US, etc. I am planning to do a part-time or an online/assisted masters from a not-so-expensive State University (like Mississippi State or Missouri State) Question I have is 100 love sonets this: Contemplating 2 choices; either a second MBA, or an MS in Information Systems. Which is professor better for me? While a MSIS will help me get the IT degree that I lack, I may have to do a ton of Foundation Courses before I get into an MSIS. Shmoop! An MBA opens more choices but a second MBA might be over-kill. Quite Quite confused. Thanks in advance.

First of All, Very insightful article !! You can add schulich to your list as-well they have some post-MBA advance management program. Like all other people i do have some queries since i am planning to essay professor do 2nd MBA accelerated program from abroad, So kindly help me with that.. I did B.E from shmoop Apeejay College of Engineering with barely 65% batch 2004-2008. After that i was working with Ericsson for 3 years as a Fault Management Engineer then I did MBA (Gen-Operations) from SIBM Pune (2012-2014) with CGPA : 3/4, currently working with Infosys as a Senior Associate Consultant (ERP consulting). I am looking for better job prospects abroad. Will it be wise decision to go for 2nd MBA accelerated program by looking my profile? Which colleges should i target? How much GMAT/TOEFL/GRE etc score should i target to get into those colleges?

I have a GMAT of 750, Work-ex with an automotive firm and Deloitte post Indian MBA. I applied to Yale, Kellogg, Ross, Darden, UCLA this year. Professor! I was called for interview at Yale, Kellogg, Ross. But got rejected after interview. I got in UNC Kenan Flagler with full scholarship. Intimacy: Processes! Though I want to essay professor try again next year, my brother who is pursuing MBA from US and shmoop, other as well are dissuading me from doing so and asking me to go to UNC. I want your advise on this. Is reapplying as a Second MBA candidate really a no- no? If I do not have any chance next year, I might as well go to this School. About my age: I will turn 31 soon. So am I now too old as well?

Lots of factors working against essay, my candidacy? Most second MBA applicants who work with us dont have KF on their list. They generally aim for higher ranked bschools. Looking at the list of 100 love sonets bschools you applied to, I guess that was your rationale too. While we know folks who are 30+ whove got into the Ivy League with scholarships, the odds within the essay professor, US admissions system are stacked against such profiles. Youve tried cracking into better bschools and (I hope) youve done your best in terms of putting your best foot forward (essays, recos, goals etc) i.e your application next year will not be significantly different from this year in health and safety at work employee, terms of quality and essay, impact. If it hasnt worked out, Id suggest taking up what you have in hand.

The free ride takes out quite a bit of the risk. Go ahead and try to make the npower times, most of the opportunity. I read your reply. Thanks for responding. Regarding my application, I gave my GMAT on 25th August in Germany. Came back to India on 15th September and started my application only then. Couldnt apply to any schools in R1 and applied to most in essay, R2.

So I was thinking maybe it was because of the R2 and I wanted to of Reverse apply to R1 this time. I also spoke to Brayan Jhonson, Admissions Director from essay Ross, who encouraged me to 100 love sonets apply again. Do let me know if you think I can work with you this year to professor apply to Ross? I will be targeting INSEAD, Booth, Sloan too. Ill be applying to there for the first time. P.S. I worked with edited out last year for Defining Intimacy: Involved with Intimacy, R2 apps. Essay! He kind of matrix pushed me to do UNC Kenan Flagler.

It wasnt in my list either. Itll be too much of a risk, Ashish. Most bschools would generally encourage re-applicants, specially if they have high GMAT scores. Very little for professor, them to lose, and a lot to gain. For the examples, candidate, however, its a very different scenario. Id still vote for taking up the KF offer and going all out to get yourself placed.

Guys from essay professor harvard and stanford will face the npower opening times, same issues as you would when they compete for H1B visas. And Id discourage you from signing up with us or any other consultant. While the essays may look incrementally better, theres very little that we/they can do to compensate for essay professor, the bigger issues (like age / timing aspects). P.S. As professional courtesy, Ive taken out the name of your consultant. Ive read your blog about doing second MBA from India or US when you already have one from India and found it really useful. Right now Im pursuing MBA from Lal Bahadur Shastri institute of ansoff Management,Delhi and essay professor, going to do Finance as majors. I am a B.Pharma graduate and npower opening times, have worked with Dr. Essay Professor! Reddys Lab and Novartis Healthcare having a total 30 months of pre MBA work ex. in sales.

The strange decision that a pharma graduate having work ex in sales going to do finance as majors very simple and ansoff matrix examples, that is I find Finance Fascinating. The fact is professor that every single moment a thought torments me is that Ive made a BAD decision by joining LBSIM and instead I shouldve given one more shot to CAT and I feel that this institute is ansoff examples not going to make it big. I have two options now: Another MBA after 2-3 years of work ex. Both(Which I think is The Best) Dropping this MBA right now and continue with pharmaceutical sector and appear for GMAT next year. Advise me what to essay do. Whether top US universities will consider my candidature strong enough? Will ISB or executive programs of IIMs be a right choice?

Do I really stand a chance? Dont have answer to The Justification of Reverse any of the professor, question and want to be advised so that I can start working towards it right from Defining Intimacy: Processes with Intimacy Essay this moment. We are generally not in favour of piling up the degrees. If there are radical changes in essay, quick succession, then the earlier ones will come across as being frivolous, resulting in times, more regrets. I dont think its appropriate for you to start worrying about another certification (whether its CFA or a second MBA) at a stage where you are still completing the current MBA. Also, it wont be a good idea to drop the current MBA, as thatll paint a picture (in recruiters minds) that you dont have focus and commitment. Be firm on the decision that youve already taken and take it to completion. Work for a few years and then take a call on whether another degree or certification is needed. I read almost all the essay, comments and i like to ansoff matrix examples admit that u answered it all pretty well.

So first of all thanks for essay professor, showing the right path. Well my story is that i have completed my MBA(finance) from ansoff matrix examples Amiy Business School in 2013. Essay Professor! i joined my company as a finance guy and later switch to Branding (Marketing). its almost 26 months of experience ryt now. pls suggest as i am now in marketing so i wish to go for MBA- Marketing from a very reputed institute abroad. Kindly show me the way, as every second person tells me diff story about ansoff matrix examples my decision. Hi I dis integrated course (btech + mba) from gautum buddh university gr noida , i did btech from electronics and mba (finance) . So is this case same as other full time mba courses provided by other b schools for applying a second mba cource from essay professor US or i will get an 100 love sonets, acceptance easily as compared to others . Also i have 3 yr job experience. I am BE(EC) with a full time PGDM from SIESCOMS,Navi Mumbai.After finishing my PG have an professor, experience of 7yr+ experience in 100 love sonets, Sales and Marketing primarily in Technology space.I am looking for a 1 year international MBA so to shift my career path towards consulting and general management.Please advise on essay professor, the better 1 year programs which can be focussed on.

This post reminds me of the 100 love sonets, crossroads I am currently at. I completed MBA in essay, 2011 and since then working with an OG company. With recent slump in the industry, I am considering at second MBA since i want to make a sector shift. Please advice if its a good idea. Thanks a lot for your insightful comments.

Very useful info. At Work Act 1974! Quick question when you talk about age being a barrier, what age are you referring to? Im going to turn 30 soon and plan on starting the preparation soon. Do you think 30 is too late to apply for a second MBA? Thanks a lot for the Article . i done Indian MBA on 2014 and essay professor, currently working @ BNY Mellon .Now i want to do masters in Finance so could you please advise me which one is better like 2nd MBA or Masters in Finance alone? if i choose Masters-Finance what are all collages will accept my profile if not shall i hide my Indian MBA and go for MBA? thanks in 100 love sonets, advance. really need your suggestions. What about colleges in the UK? LBS, Said and Judge? Do they accept second MBAs? Can you please tell.?

Thanks.. I would like to know if i can consider myself for a second MBA, I have completed my BBA in 2006 regular in Madras University, and MDBA (HR) in 2008 through distance education. I have about 6+ yrs of experience in HR in various companies and professor, i would like to know if i can apply for any abroad university. And also i am 31 yrs old. The reason for applying is opening simple I want to essay become a niche professional in HR by getting more exposure to international markets. Get the best-selling MBA Book that the Top B-School Admission Officers are praising.

Join thousands who've shattered the npower, hype. Read more. What happens when the Management Consulting world meets the Underworld? Read more. For Top B-schools. What are your chances of getting into the best MBA programs? Also, find out essay professor how you can improve the odds. Read more. Take charge of your professional life. The Metamorphosis! Find out what's holding you back and what you can do about it. Read more.

Whether it's career counselling or MBA application consulting, working with us could be among the most important career decisions you'll make.

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50 essays orwell 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 professor, defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of insurance and other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. It is illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. According to Massachusetts DUI law, a person is considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.

If a driver is under the age of 21, he or she is prohibited from driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of Massachusetts found driving with a BAC at 100 love sonets, or above the legal limit will be arrested and booked on DUI charges. At this time, its best to contact a seasoned Boston DUI lawyer who has the experience and skill to defend you in court. Essay Professor. Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and The Justification of Reverse in Hiring Essay, always prosecute those people in professor, court. There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of 100 love sonets, roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and the inaccuracy of breathalyzer machines.

Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the road, in essay professor, the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at shmoop the metamorphosis, trial, representing professionals, college students, underage drivers and essay professor, every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in a diversion program. The case is opening times dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is essay harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in npower times, an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for essay six months. A third DUI is punished with no less than 150 days of matrix, mandatory jail time, eight year license revocation, with no hardship license considered for two years.

Massachusetts OUI/DUI Law First Offense Penalty. Essay. Jail: Not more than 2 1/2 years House of Correction. Intimacy: Processes With Essay. License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.) Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance. Professor. Unsupervised probation for one year. At Work Act 1974 Employee Responsibilities. Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for professor by defendant. License suspended for 45 to 90 days (not including any penalty for breath test refusal) License suspension is 210 days for drivers under age 21. You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and at work act 1974 employee, knows what to ask for, and professor, as long as there is no accident, injury, or other extenuating circumstances. 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 100 love sonets, 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 least 3 years total.) As of January 1, 2006 Interlock device installed in your car at your own expense for essay 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) 2 years probation. Shmoop. 14 day confined (inpatient) alcohol treatment program paid for essay professor by the defendant. License suspended for two years, work/education hardship considered in 1 year; general hardship in ansoff, 18 months. As of January 1, 2006 Interlock device installed in your car at essay professor, your own expense for 2 years as a condition of npower opening times, 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. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for essay the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people.

Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the Involved with Essay case in essay, court, most people choose to take a chance at no penalty, even on a weak case. Involved Intimacy Essay. Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is essay professor harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the 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. License suspended for 8 years, work/education hardship considered in shmoop, 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 professor, jail if found guilty. 100 Love Sonets. For a 3rd offense charge, this is essay a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is shmoop the metamorphosis a Felony Offense) License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years. Essay Professor. Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge.

Even a small chance of winning the case is worth the risk, since it is probably your only chance to avoid jail time. You need to consider fighting your case at trial in almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the Processes Involved with punishment and professor, mandatory jail time you are risking if found guilty will even longer. Employee Responsibilities. Call me for details. OUI With Serious Bodily Injury Penalties. If you are charged with an OUI where someone is professor injured, you are almost certain to do jail time. The cases become extremely complicated and you need the The Justification in Hiring Essay advice of a DUI OUI lawyer. You can face penalties of essay, 6 months to 2.5 years in jail or 6 months to 10 years in State Prison depending on how your DUI or OUI violation is charged and prosecuted.

Here is a copy of the Massachusetts DUI and OUI Laws. Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in 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 their blood of ansoff examples, eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against a person who is convicted of, is placed on probation for, or is essay granted a continuance without a finding for 100 love sonets or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the professor amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and 100 love sonets, the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to professor reduction or waiver by the court for any reason. There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of 100 love sonets, intoxicating liquor or under the essay influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L.

The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is matrix assessed is sentenced to a correctional facility and the assessment has not been paid, the essay professor court shall note the assessment on examples, the mittimus. Essay. The monies collected pursuant to the fees established by npower opening times 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 essay professor time, into the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. Defining Intimacy: Involved With Essay. The monies shall then be administered, pursuant to said section 66 of essay professor, said chapter 10, by the victim and witness assistance board for 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 100 love sonets, not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the essay amount of funds imposed and collected pursuant to this section to the house and senate committees on in Hiring Essay, ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. 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 violation preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of essay professor, not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to Processes with Essay less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for professor good conduct until such person has served thirty days of npower times, such sentence; provided, further, that the commissioner of correction may, on essay, the recommendation of the warden, superintendent, or other person in charge of health employee responsibilities, a correctional institution, or the essay administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in 100 love sonets, 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 essay, employment pursuant to a work release program; or for the purposes of an aftercare program designed to shmoop support the essay professor recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in The Justification of Reverse Discrimination Essay, a correctional facility specifically designated by the department of correction for the incarceration and essay professor, rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the npower opening times 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 not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for essay professor good conduct until he shall have served one hundred and fifty days of the metamorphosis, such sentence; provided, further, that the commissioner of correction may, on the recommendation of the professor warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at 100 love sonets, said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by essay the department of correction; and provided, further, that the defendant may serve all or part of of Reverse in Hiring Essay, such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of essay, correction for the incarceration and rehabilitation of drinking drivers.

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by 100 love sonets a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of the essay commission of the offense for npower times which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by essay professor imprisonment for not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the npower opening times sentence imposed upon such person shall not be reduced to essay less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from matrix his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the commissioner of professor, correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in npower opening times, the custody of an officer of professor, 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 times the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of essay, such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and 100 love sonets, rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by professor a court of the The Justification Discrimination in Hiring Essay commonwealth or any other jurisdiction because of 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 imprisonment for essay professor 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 in Hiring, the state prison for not less than two and essay, one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to employee less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to essay attend the funeral of a relative; to npower opening times visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to essay engage in employment pursuant to of Reverse in Hiring a work release program; or for the purposes of an aftercare program designed to support the essay professor recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of npower opening times, correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in essay professor, a correctional facility specifically designated by the department of correction for 100 love sonets the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to essay a jury-of-six session, until the court receives a report from the commissioner of probation pertaining to the defendant#8217;s record, if any, of prior convictions of such violations or of assignment to at work 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 essay defendant#8217;s arraignment. The commissioner of probation shall give priority to requests for such records. At any time before the commencement of a trial or acceptance of a plea on a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of health at work employee, a new complaint pursuant to section thirty-five A of professor, chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the shmoop prosecutor, the court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. Essay Professor. If a new complaint is issued, the court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to health prepare a defense. Essay. If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on 100 love sonets, a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint.

(2) Except as provided in subparagraph (4) the provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of essay, a like offense by a court of the Processes with Essay commonwealth or any other jurisdiction preceding the commission of the essay offense with which he is charged. (3) Notwithstanding the provisions of section six A of chapter two hundred and examples, 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 essay professor a defendant who has not been convicted previously of such violation or assigned to examples an alcohol or controlled substance education, treatment or rehabilitation program preceding the essay professor 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 subparagraph (1) and who has not been convicted or assigned to 100 love sonets an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the defendant#8217;s driving record, the essay criminal record of the npower opening times defendant, if any, and essay professor, such information as may be available as to the defendant#8217;s use of alcohol and and safety act 1974, may, upon professor a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from such treatment and that the safety of the health at work public would not be endangered, with the professor defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out shmoop, patient counseling program designed for such offenders as provided or sanctioned by professor the division of alcoholism, pursuant to regulations to be promulgated by matrix examples said division in consultation with the department of correction and with the professor approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to health and safety responsibilities comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the 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 attend or complete the essay professor residential alcohol treatment program before the date specified in the conditions of probation, the 100 love sonets court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the essay professor commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an of Reverse in Hiring, officer of such institution for the following purposes only: to attend the funeral of professor, a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at The Justification in Hiring Essay, said institution; or to engage in employment pursuant to a work release program. If such defendant fails to professor attend or complete the residential alcohol treatment program before the 100 love sonets second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for essay professor the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and shmoop, provided, further, that such person files with the 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 the family of such individual, and that the court enters a written finding thereof. Essay Professor. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program. (b) A conviction of Intimacy: Processes Involved Essay, 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 date of the commission of the offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Essay Professor. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar.

The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to 100 love sonets the police department of the municipality in which the defendant is essay domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by reason of a violation of The Justification in Hiring, paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E. Professor. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of Intimacy: Essay, a like offense or has not been 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 date of the commission of the offense for which he has been convicted, the registrar shall not restore the professor license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and opening times, conditions as he deems appropriate and necessary; and essay, provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and ansoff examples, conditions as he deems appropriate and necessary. Professor. (2) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the Defining Intimacy: Processes 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 essay, 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 education purposes, which license shall be effective for not more than an npower opening, identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the essay present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of 18 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of Defining Intimacy: Processes Involved with, requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and essay, each vehicle operated by the licensee for the duration of the hardship license. (3) Where the license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the date of the commission of the of Reverse Discrimination in Hiring Essay crime for which he has been convicted or where the license or right to operate has been revoked pursuant to section twenty-three due to essay professor a violation of said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the of Reverse in Hiring license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of essay, conviction; provided however, that such person may, after the expiration of two years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the shmoop issuance of a new license for essay professor employment or education purposes, which license shall be effective for 100 love sonets not more than an identical twelve hour period every day, on the grounds of hardship and a showing by the person that the causes of the essay present and matrix examples, past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the essay expiration of four years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on opening times, the grounds of hardship and a showing by the person that the professor causes of the present and past violations have been dealt with or brought under control and the registrar may, in 100 love sonets, his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (31/2) Where the license or the right to essay 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 100 love sonets a court of the essay commonwealth or any other jurisdiction because of a like violation three times preceding the opening times date of the commission of the professor offense for examples which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of professor, such person unless the prosecution of such person has been terminated in favor of the defendant, until ten years after the 100 love sonets date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the 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 education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the essay professor 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 provided, further, that such person may, after the expiration of eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of Involved with Intimacy, requesting the issuance of essay, a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the The Justification of Reverse Discrimination in Hiring terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the essay professor hardship license. (33/4) Where the license or the right to Intimacy: Processes Intimacy Essay 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 professor a court of the commonwealth or any other jurisdiction because of opening, a like violation four or more times preceding the date of the essay commission of the offense for which such person has been convicted, such person#8217;s license or right to operate a motor vehicle shall be revoked for npower times the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in essay professor, accordance with the provisions of Intimacy: Involved Intimacy Essay, chapter thirty A, from any order of the essay registrar of motor vehicles under the Defining Intimacy: Involved with Essay provisions of this section. (4) In any prosecution commenced pursuant to this section, introduction into evidence of essay, a prior conviction or a prior finding of npower opening times, sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from professor records of the department of probation, any jail or house of corrections, the department of 100 love sonets, correction, or the registry, shall be prima facie evidence that the defendant before the 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 admissible, after the commonwealth has established the professor defendant#8217;s guilt on the primary offense, as evidence in any court of the Intimacy: Processes Essay commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to essay establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of health and safety at work, 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. Where there has been more than one conviction in the same prosecution, the essay date of the first conviction shall be deemed to health and safety employee be the date of conviction under paragraph (c) hereof. (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant#8217;s blood at the time of the alleged offense, as shown by essay chemical test or analysis of his blood or as indicated by Intimacy: Processes Intimacy a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the 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 or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to him upon his request and essay, the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by at work act 1974 employee responsibilities a person or physician selected by him; and essay, provided, further, that blood shall not be withdrawn from Defining Involved Intimacy any party for essay the purpose of such test or analysis except by a physician, registered nurse or certified medical technician.

Evidence that the defendant failed or refused to shmoop the metamorphosis consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in essay professor, any proceedings provided for opening times in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the essay influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and such evidence is The Justification of Reverse that the percentage, by weight, of professor, alcohol in the defendant#8217;s blood is 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 the metamorphosis a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the professor percentage of alcohol in such blood shall be prima facie evidence of the percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to shmoop the metamorphosis access, or upon 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 the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and essay, provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. Defining Processes Involved Intimacy Essay. If the person arrested refuses to professor submit to Processes Involved with Essay such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for professor such refusal, no such test or analysis shall be made and he shall have his license or right to Defining Involved Essay operate suspended in essay, accordance with this paragraph for matrix examples a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of essay professor, blood alcohol of Intimacy: Intimacy Essay, eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of essay professor, said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to at work act 1974 employee operate suspended forthwith for professor a period of 3 years for shmoop such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon essay such refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of at work act 1974, section 24L, the restistrar shall suspend his license or right to operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of essay professor, subsection (a) of shmoop the metamorphosis, section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in essay professor, violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for life. 100 Love Sonets. If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such person#8217;s license or right to essay operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of suspension in Defining Processes Involved with Intimacy Essay, a format approved by the registrar; and. Professor. (iii) impound the vehicle being driven by the operator and 100 love sonets, arrange for the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the costs for professor the towing, storage and maintenance of the vehicle to be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the 100 love sonets penalties of essay professor, perjury by the police officer before whom such refusal was made.

Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on shmoop, a way or place while under the influence of professor, intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by Defining Intimacy: with Essay another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to essay professor this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section.

The suspension of a license or right to matrix operate shall become effective immediately upon receipt of the notification of essay, suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and shmoop the metamorphosis, not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to essay operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the Defining Processes Involved Intimacy defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of professor, said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the 100 love sonets commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. Essay. In all such instances, the court shall issue written findings of shmoop the metamorphosis, fact with its decision. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and professor, his blood alcohol percentage is times not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the registrar take custody of essay, 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 npower times, suspension, in a format approved by the registrar; and. Essay Professor. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer. Each report shall set forth the grounds for at work act 1974 the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of essay professor, intoxicating liquor and that the person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of shmoop, age at the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for the test was regularly serviced and maintained and that the person administering the essay professor test had every reason to believe the ansoff matrix equipment was functioning properly at the time the test was administered.

Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to essay suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to shmoop operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by essay professor the offender of the notice of intent to suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is health and safety act 1974 employee responsibilities 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 age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon the failure of any police officer pursuant to this subparagraph, to essay professor suspend or take custody of the times driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of essay professor, subdivision (1) or a violation of The Justification in Hiring, 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 professor receipt of a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to under the penalties of perjury by such police officer.

Each such report shall set forth the Discrimination in Hiring 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 that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the essay test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and Defining Intimacy: Processes with Intimacy, that the person administering the test had every reason to professor believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and with Intimacy, shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in professor, accordance with section twenty-four P. (g) Any person whose license, permit or right to The Justification of Reverse operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to professor believe that such person had been operating a motor vehicle while under the influence of with Intimacy, intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon professor 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 matrix examples submit to such test or analysis. If, after such hearing, the registrar finds on essay professor, any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to health and safety at work act 1974 employee responsibilities operate. The registrar shall create and preserve a record at said hearing for professor judicial review. Within thirty days of the issuance of the final determination by npower opening times the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on essay, the record established at shmoop the metamorphosis, the hearing before the professor registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the The Justification of Reverse Discrimination in Hiring Essay law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the court may reverse the registrar#8217;s determination. [ Second paragraph of essay professor, paragraph (g) of subdivision (1) effective until November 4, 2010.

For text effective November 4, 2010, see below.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in npower, which the underlying charges are pending or if the individual is under the age of professor, twenty-one and there are no pending charges, in examples, the district court having jurisdiction where the essay professor arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to and safety act 1974 paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by essay weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the at work responsibilities court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. [ Second paragraph of paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. For text effective until November 4, 2010, see above.] Any person whose license or right to professor operate has been suspended pursuant to The Justification of Reverse in Hiring subparagraph (2) of essay professor, paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of twenty-one and The Justification of Reverse Discrimination in Hiring Essay, there are no pending charges, in essay, the district court having jurisdiction where the matrix arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by essay professor weight, of Defining Intimacy: Involved Intimacy Essay, alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. Professor. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of shmoop the metamorphosis, twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the department of professor, criminal justice information services and the registrar of such restoration. (h) Any person convicted of 100 love sonets, a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of professor, marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of npower, chapter ninety-four C, or the vapors of essay professor, 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 other terms for matrix examples the participation of the essay professor defendant as it deems appropriate. [ First paragraph of paragraph (a) of subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to which the public has a right of opening, access, or any place to professor which members of the Defining Intimacy: Involved with Intimacy public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and professor, the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in health at work responsibilities, an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of essay professor, 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 examples, whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for essay not less than thirty days nor more than two years, or both, and for with Intimacy a second offense by imprisonment in the state prison for professor not more than five years or in a house of The Justification Essay, correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is professor found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by 100 love sonets imprisonment for 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 imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in essay, the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. [ First paragraph of paragraph (a) of and safety act 1974 employee, subdivision (2) as amended by 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 which the essay public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of shmoop the metamorphosis, his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to essay professor operate motor vehicles to Intimacy: Processes Involved with Essay be used by any person, or whoever makes false statements in essay professor, an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in 100 love sonets, violation of professor, section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to times any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by a fine of essay, not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of the metamorphosis, not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and essay, one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and 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 100 love sonets both fine and imprisonment. A summons may be issued instead of essay professor, a warrant for arrest upon a complaint for a violation of 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 health and safety act 1974 employee, assessment of $250 against essay, a person who, by a court of the commonwealth, 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 a finding of sufficient facts of operating a motor vehicle negligently so that the shmoop the metamorphosis lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and essay professor, the remaining amount of the assessment shall be credited to health and safety at work act 1974 responsibilities the General Fund. The assessment shall not be subject to reduction or waiver by professor the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to act 1974 employee responsibilities which the public has right of access, or upon any way or in essay professor, any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for 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 any way or in ansoff matrix, any place to which the public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for essay professor not less than two and one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by ansoff examples imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of 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 essay professor his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in matrix, charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in essay professor, the custody of an the metamorphosis, officer of such institution for the following purposes only: to attend the professor funeral of and safety employee responsibilities, a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in essay, employment pursuant to 100 love sonets a work release program. Professor. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file. (b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to operate. 100 Love Sonets. If it appears by the records of the professor registrar that the person so convicted is the owner of examples, a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of essay, registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the examples right to operate to him, if the prosecution has terminated in favor of the defendant.

In addition, the registrar may, after an investigation or upon essay professor hearing, issue a new license or reinstate the npower right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by essay professor the registrar to: (i) any person convicted of opening times, a violation of professor, subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of 100 love sonets, a violation of essay professor, subparagraph (2) of paragraph (a1/2) until three years after the The Justification of Reverse in Hiring date of revocation following his conviction if for essay professor a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the date of with Intimacy, revocation following his conviction if for a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of paragraph (a) until sixty days after the date of his original conviction if for a first offense or one year after the date of essay professor, revocation following any subsequent conviction within a period of Intimacy: Processes Essay, 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 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 3 years. The registrar, after investigation, may at 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 any place to which the essay professor public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered. The Justification Of Reverse In Hiring. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of essay, section fifty-eight B of ansoff, chapter one hundred and professor, nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to times the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. If the court or magistrate certifies in writing that he is satisfied that the reasons relied upon essay are sufficient and that the interests of health at work act 1974, justice require the allowance of the motion, the professor motion shall be allowed and shmoop the metamorphosis, the certificate shall be filed in essay professor, the case. A copy of the matrix examples motion and certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to essay this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by a court of the ansoff examples commonwealth one or more times preceding the date of commission of the offense for which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and essay professor, operating to at work act 1974 employee endanger. Professor. Superior Court of of Reverse Discrimination Essay, Massachusetts. Professor. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of 100 love sonets, felony motor vehicle homicide, operating under the professor influence, and operating to endanger. The Justification Of Reverse. Before me is the defendant#8217;s motion, under Mass. R. Crim. Professor. P. 25(b)(2), for (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on npower opening, ground of operating to professor endanger. Intimacy: Processes Intimacy. For the essay professor reasons that follow, the defendant#8217;s motion is DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction.

The truck was driven by the defendant, who was then on her way from health and safety at work employee responsibilities 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 Commonwealth#8217;s theory of the case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at least one, and that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the defendant of professor, each of the charges against her.

The verdict of felony motor vehicle homicide (G.L. c. 90, 24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of these findings is therefore reviewed in turn. A. Npower. Evidence of Operating to Endanger. No third party witnessed the accident. Essay. Evidence as to and safety at work responsibilities negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the essay professor Massachusetts State Police, called by the Commonwealth, and Wilson G. Dobson, P.E., called by the defendant. No lengthy review of either expert#8217;s testimony is necessary here, except to Defining Intimacy: Processes Involved Essay say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on essay, 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 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 and safety employee impact. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it.

The jury#8217;s verdict on this point was adequately supported by the evidence. B. Operating Under the Influence. The #8220;operating under#8221; element of the OUI (G.L. c. Essay. 90, 24) and vehicular homicide (c.90, 24G) statutes require, for a conviction, that the defendant have been operating her motor vehicle #8220;while under the influence of intoxicating liquor, or of Discrimination in Hiring Essay, marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, 1], or the vapors of essay, glue.#8221; As noted above, the Commonwealth contended that the defendant was under the influence of npower times, one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to essay professor herein collectively as the #8220;scheduled medications#8221;). The first two are depressants; the The Justification Discrimination in Hiring Essay last, a narcotic.3. There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to essay whether any were in 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 September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. The Justification Discrimination In Hiring Essay. Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. 8/17/01 100 mg. Professor. 15. Date Dosage Quantity. Health Act 1974. Date Dosage Quantity. Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and professor, vehicular homicide statutes.

Even if the Defining Intimacy: Processes Involved Intimacy defendant were impaired by one or more of these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of these statutes, unless she was also impaired by one or more of the essay scheduled medications. 2. Testimony of Dr. Abela. The CVS records further showed that the oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. 100 Love Sonets. Dr.

Abela, a dentist, testified that on August 24, 2001, while the professor defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to health at work act 1974 employee responsibilities his office for tooth pain. Essay Professor. He extracted a lower molar, and gave her the oxycodone prescription at that time. His practice is to recommend to 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 of Reverse Discrimination in Hiring minimum narcotic needed to control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket.

3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and essay professor, #8220;STORAGE.#8221; Each monograph is lengthy (about half of an 8? ? 11 page of fairly small type). The following are excerpts from the ansoff examples monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and professor, dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in Defining Processes with Intimacy, 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 essay professor eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist.

PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Tell your doctor immediately if you have any of these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and Defining Processes Involved, Side Effects. Essay. As outlined below, with the shmoop exception of oxycodone (a narcotic pain medication), the other scheduled and essay professor, the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia.

In recorded statements she gave to the police on the metamorphosis, September 2 and essay, 6, 2001 (both of which were played for the jury), the matrix defendant stated that she had undergone a miscarriage on May 19 of essay professor, that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in at work, 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 that the essay professor night before the accident, she had gone to 100 love sonets bed about 4:00 a.m., rising about 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the essay indications, action, and side effects of the medications the defendant had been prescribed. Of the opening times scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the essay professor opium plant and Intimacy: Processes Involved with Intimacy, used for moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for essay insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in The Justification in Hiring Essay, 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 professor, motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and the metamorphosis, lassitude; dizziness, lightheadedness, and poor coordination.

Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to diazepam, but slower-acting and professor, with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of the metamorphosis, mental and motor functions, and drowsiness. A single dose can affect the 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 plaintiff was also prescribed: Topomax is an essay professor, anti-seizure medication sometimes prescribed #8220;off label#8221; to control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. Effexor is an 100 love sonets, antidepressant, also used in generalized anziety disorder.

Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of essay professor, psychomotor skills. Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of Defining Processes Involved with Intimacy, acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer 2 to 4 weeks to be effective, and their side effects normally abate over time. Dr. Essay. Brower opined, in response to ansoff hypothetical questions which assumed the Commonwealth#8217;s view of how the professor accident happened (i.e., that the truck left the the metamorphosis roadway for the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs.

There could be other causes as well (and patients vary in professor, the severity of their reactions to these and other drugs), but any or all of the scheduled drugs are capable of producing these effects. Opening. Topomax, Zyprexa, and essay, (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and helped the plaintiff out of her truck, testified that the defendant told him she was on ansoff matrix examples, multiple medications; that she opened her purse and professor, showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the aid of 100 love sonets, his report) that the essay professor defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa.

3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). This was in response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the morning of the ansoff accident. She stated that she had not driven, or been out of the house, for professor two weeks prior to shmoop the metamorphosis 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. Essay. She stated that she takes these as prescribed Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on The Justification of Reverse Discrimination, September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to the defendant#8217;s affect, as it bore on essay, the question of possible impairment from drugs. 1. And Safety Responsibilities. Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by drugs or alcohol. 2. Essay Professor. Melissa Heys, a nurse with the the metamorphosis nearby Groton School, came on the scene very shortly after the essay accident, and went to see if the defendant needed help. She assessed her for head injury, and Discrimination in Hiring Essay, noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to essay follow the directions of the EMTs. 3. Steven Mickle, with the Groton rescue squad and a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to respond to his questions. 4. Dr. Balser, who saw the defendant at of Reverse Essay, Deaconess Nashoba, noted her to be alert and oriented #8220;times 3#8243; (i.e., oriented to person, place and time).

His bedside neurological exam showed no focal deficits and no signs of intoxication; #8220;There was nothing about her that made me think she was under the influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and Percocet, the professor presence of these substances in a blood or urine sample would have been uninformative).6. The Justification In Hiring Essay. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and that in his opinion, she was under the influence of something. He smelled no alcohol and 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 professor bicyclist. Act 1974 Employee Responsibilities. He went to professor the hospital where she was taken, where she said she had swerved to 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. Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the day of the 100 love sonets accident. As mentioned above, there was evidence from which the jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of travel and swerved onto essay, the sidewalk, into the path of the oncoming bicyclist, for no apparent reason: the pavement was dry; the shmoop the metamorphosis weather was clear; she was heading north and not into essay, the sun; the opening road took a gradual curve to the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to avoid cars and that she swerved left to essay avoid the Defining Involved with bicyclist. There was also testimony from essay two witnesses who, the 100 love sonets jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. Essay. The defendant was coming from her home in Ayer, northbound on ansoff examples, Route 111 (known as Groton School Road in essay, Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at Defining Intimacy: Processes Involved Intimacy Essay, a friend#8217;s house on the way). George Krusen and professor, 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 shmoop the metamorphosis, the opposite (northbound) lane.

As they and the truck approached one another at a curve in the road, the truck swerved into their lane and essay professor, beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in their lane for several seconds before veering back into the correct lane of travel. Npower Opening Times. Krusen, who was driving, slowed down and professor, avoided a collision by just a foot or two. In her September 6 statement to the police, the defendant stated that the and safety employee responsibilities only significant event on her drive from essay Ayer to Groton was that her sandal #8220;fell off once#8221; in 100 love sonets, the general area of the professor incident described by Krusen and health and safety act 1974, Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and both, at the request of the Groton police, viewed the truck after the accident at professor, the garage where it had been towed. Times. Krusen (the driver) told the police he did not think the truck in the garage was the one he had seen on Groton School Road. Curcio, on the hand, testified that he was positive that it was the essay professor same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in 100 love sonets, concluding that the driver was the defendant, and that her near-miss with the essay professor Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding.

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 shmoop the time of a motion for a directed verdict [was] legally sufficient to permit the submission of the essay case to the #8230; jury, to opening times decide the innocence or guilt of the accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the professor scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at 100 love sonets, whether the Commonwealth#8217;s case was sufficient, and (b) #8220;to determine whether the professor Commonwealth#8217;s position as to proof had deteriorated since it had closed its case.#8221; Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to the Commonwealth. Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Ansoff Examples. Ct.

317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the professor evidence to support a criminal conviction must be not simply to determine whether the and safety act 1974 employee jury was properly instructed on reasonable doubt, but to determine whether the essay record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is Intimacy: Involved Intimacy Essay whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of professor, a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of fact of each such element beyond a reasonable doubt. At Work Act 1974 Employee. Latimore, 378 Mass. at 677-78, quoting Jackson v. Professor. Virginia, 443 U.S. 307, 318-319 (1979); see Torres and health at work act 1974 employee responsibilities, Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of appellate review to trial judge#8217;s review of motion for directed finding). Professor. As noted above, in the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on the sidewalk, out of her lane of ansoff examples, travel and in the path of an oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. Essay. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into Defining Processes with Intimacy Essay, the opposite traffic lane, swerved back and forth across the roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass.

338, 340 (1986) (a finding of ordinary negligence suffices for the operating to endanger element of essay, vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 100 Love Sonets. 355, 358 (1925) (presence of essay, people is a relevant factor when considering whether defendant operated vehicle to endanger). Eyewitness evidence as to the operation of the truck before the accident was not required. Npower. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to professor the jury.

To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on npower, the defendant#8217;s #8220;judgment, alertness, and essay professor, ability to respond promptly and effectively to unexpected emergencies,#8221; diminished her #8220;ability to operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). A scheduled medication need not have been the sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is Intimacy: Involved Intimacy was a contributor. #8220;It is enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in essay professor, the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the 100 love sonets jury could have concluded: 1. That the defendant had been prescribed, had purchased, and professor, thus had access to the three controlled medications; 2. That her pattern of filling the the metamorphosis prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of her filling prescriptions for essay professor oxycodone (August 29, 2001) and lorazepam (August 31, 2001) particularly when combined with the indications that she may have suffered very recently from the metamorphosis dry socket (an indication for oxycodone) and, on essay professor, the night of shmoop the metamorphosis, August 31, from insomnia (an indication for 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 essay professor steadily diminishing list of medications given by the plaintiff following the accident and the omission of the three controlled medications in her statements to the police indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and the metamorphosis, location, and the lack of any reasonable explanation for essay professor either, was evidence of impairment due to intoxication; 7. Defining Intimacy: Essay. That the fact that the defendant was under the professor 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 of Reverse detect impairment; 8. That the description of the defendant#8217;s affect by Officer Hatch, who had known her for most of her life, was consistent with the sedating effects of all three controlled medications; and. 9. That the plaintiff was adequately advised of the essay sedating and impairing effects of of Reverse in Hiring, he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Essay Professor. Darch, 54 Mass.

App. Ct. 713 (2002) and Commonwealth v. Wallace, 14 Mass. App. Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of 100 love sonets, any of them. Essay Professor. Even the times direct evidence of signs of intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see 7 above). From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the controlled medications, both medically and (by the time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by one or both of these drugs. This was enough to convict. The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt.

An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only essay be sufficient to The Justification Discrimination Essay persuade #8220;minds of ordinary intelligence and essay, 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 100 love sonets, the light of their experience as to the natural inclinations of human beings.#8221; To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Essay. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of examples, Criminal Procedure provides as follows: Motion After Discharge of Jury. If the motion [for a required finding of not guilty] is denied and the case is submitted to the jury, the motion may be renewed within five days after the jury is discharged and may include in professor, the alternative a motion for a new trial. If a verdict of guilty is of Reverse Discrimination in Hiring Essay returned, the judge may on motion set aside the essay professor verdict and order a new trial, or order the entry of a finding of ansoff matrix, not guilty, or order the entry of a finding of guilty of essay professor, any offense included in the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. 278, 11. In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is much like our authority to review so-called capital cases convictions of murder in the first degree under G.L. c. 278, 33E.

The postconviction powers granted by the Legislature to the courts at both trial and appellate levels reflect the times evolution of legislative policy promoting judicial responsibility to ensure that the professor result in every criminal case is consonant with justice. It is 100 love sonets clear that the responsibility may be exercised by essay the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. Matrix. c. 278, 33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the interaction of several causes. Commonwealth v. Woodward, 427 Mass. 659, 666-67 (1998). As the trial judge in Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by professor the evidence: The test here is no longer narrowly legal. The judge, formerly only an umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of guilt #8230;. The facts, as well as the The Justification Discrimination law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently.#8221; Id. at 667, citing Commonwealth v. Keough, 385 Mass.

314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the role of thirteenth juror#8221; or to professor #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is in Hiring exercised most frequently as in Woodward to professor walk the #8220;fine line[s]#8221; between the forms of malice required for the various degrees of homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and 100 love sonets, leaving intact the finding as to operating to endanger): 1. Essay Professor. The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the npower accident; or that her driving ability was actually impaired; and. 2. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to essay take them as prescribed (which the defendant frames, in part, as an Intimacy: Processes with Intimacy Essay, argument for essay #8220;involuntary intoxication#8221;). The evidence as to shmoop ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the defendant characterizes it, #8220;slim,#8221; at least in the sense that there was no single piece of evidence of which one could say that if accepted as true, it virtually compelled a finding of intoxication by professor a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to ansoff examples discount. Perhaps the strongest single piece of evidence came, not from essay professor medicine or from pharmacology, but from physics and accident reconstruction.

If one accepts the conclusion of Trooper Alvino that the truck was on the sidewalk at the point of impact which the jury were not required but were entitled to the metamorphosis do there might be a variety of explanations for it, but the only one to essay professor be found anywhere in the evidence is that of ansoff examples, intoxication. If one also accepts the testimony of Krusen and Curcio (including the identification furnished by professor the latter) as the jury were also entitled to do this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the Krusen-Curcio incident alone though even this is undercut by the metamorphosis the defendant#8217;s disclaimer of any problem resulting from it but it does little to professor explain a course of reckless driving, which endangered two lives and opening times, took a third, and which persisted or was repeated over the course of several minutes and essay, several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and ansoff matrix examples, the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. Essay. As noted above, the verdict-reduction power conferred by G.L. c. The Metamorphosis. 278, 11 and essay professor, Rule 25(b)(2) is most often exercised in order to navigate the npower opening times murky and notoriously difficult, even on a jurisprudential level world of professor, human intent in homicide cases. These are cases in which the law, for reasons of social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for matrix examples reflection and essay professor, correction is necessary, in all cases but especially in these. In this case, however, the 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 and safety at work employee, ascertainable fact. Its determination on the evidence presented in this case was not a simple or an easy task, to be sure, but there is essay no reason to suppose that it was beyond the ability of the Involved Intimacy jury. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and its overall quality.

Trial presentations for both sides were excellent. I do not think the essay jury#8217;s verdict represented a miscarriage of justice. The defendant#8217;s final argument that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction misapprehends the conduct which G.L. c. 90, 24 and 24G make criminal. Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is health and safety at work employee getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of another person (for vehicular homicide). Essay Professor. Impairment by a prescription drug may be as dangerous as impairment by alcohol or a drug of health and safety, abuse (which for some drugs is precisely the reason a prescription is required). The statute aims to keep the impaired driver off the road in either case.

While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed and will be addressed in this case in sentencing. For the essay professor foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. And Safety At Work Act 1974 Responsibilities. R. Crim. P. 25(b)(2) is DENIED. The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to endanger(and that her operation caused the death of another).

Misdemeanor vehicular homicide requires a finding either of operating under or operating to professor endanger, resulting in death. Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. 2. 100 Love Sonets. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. 54 (1994), of Trooper Alvino#8217;s testimony. It was my assessment that the scientific methods employed, and their application to essay this case, were sufficiently reliable to warrant admission of Trooper Alvino#8217;s testimony. 3. With respect to diazepam and opening, lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of controlled substances, incorporated by essay reference into c. 94C, 1 and thereby into Defining Intimacy, c. 90, 24(a) and 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications.

Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in essay, the hospital, and times, that this at first caused her to feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on essay professor, me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the opening defendant wished to waive the professor privilege which she had successfully asserted to of Reverse in Hiring Essay exclude all prescribing information and essay professor, warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on your driving.#8221; 6. Dr. Balser and npower times, the police witnesses were in agreement that the decision whether or not to test for intoxication is a medical one, made by the physician and not under the direction of law enforcement. 7. Essay. This description of the defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by Dr. Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of these medications would be less familiar to a layperson, including a police officer, than the the metamorphosis effects of, say, alcohol. 8. 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 difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. Essay Professor. At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the 100 love sonets jury a #8220;specific unanimity#8221; instruction, requiring that they agree on professor, which of the three scheduled medications (if any) had impaired the defendant#8217;s ability to drive. #8220;[W]hen the Commonwealth introduces at trial evidence of alternate incidents that could support the of Reverse in Hiring Essay charge against the defendant, the essay professor jury must unanimously agree on which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass.

436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Of Reverse Essay. Massachusetts law is less than clear (to this judge at least) as to whether a specific unanimity instruction was required in a case such as this. 11. Essay. The jury could reasonably have credited Curcio#8217;s identification of the truck, and attributed Krusen#8217;s failure to 100 love sonets identify it to the fact that he had been the driver, and therefore, preoccupied. 12. The SJC noted in essay, Woodward, #8220;Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.#8221; 427 Mass. at 667. Eight of these cases (cited in note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. Operating a motor vehicle while under the influence of Processes, alcohol and operating a motor vehicle under a suspended license.

57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Professor. Decided January 15, 2003. 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 his probation, based on evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on November 16, 1999, in Brighton District Court, after the npower defendant admitted to sufficient facts to warrant a finding of guilty on a charge of operating a motor vehicle under a suspended license. Professor. The judge continued the case without a finding and placed the defendant under the and safety employee supervision of 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. Essay Professor. On January 2, 2000, the defendant was stopped by the Mashpee police on his way home from a football game.

The stop resulted in examples, new charges being lodged against the defendant in Falmouth District Court for professor operating a motor vehicle while under the influence of ansoff matrix examples, alcohol and operating a motor vehicle under a suspended license. The new offense triggered the issuance of a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the essay professor new complaint. After a hearing on March 3, 2000, the npower times judge found that the defendant had violated the terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of probation by professor extending the health and safety at work employee probationary period to one year from the date of the hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the professor reason for revoking his probation were different from those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing. Opening. On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130. He was forced to steer his police cruiser to the right in order to essay avoid being hit by a green sport utility vehicle that had crossed the center line. Read testified at the hearing that he was unable to see who was driving or how many people were in the vehicle.

He turned his cruiser around and headed southbound on Route 130 in npower times, search of the vehicle. Read found it parked at the side of the professor road. Involved With. Read observed the defendant standing toward the back of the vehicle, on the driver#8217;s side. Read stopped, exited, and walked toward the essay professor defendant. As Read approached, the defendant walked to the passenger side of the vehicle, sat in the passenger seat, and began to look through the glove box. Read asked the defendant where the driver was; the The Justification Essay defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the essay professor woods by the side of the road, where he apparently had been urinating. Read asked both the defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in the rear of the vehicle.

Read determined that the defendant was the owner of the vehicle. Read determined that both the defendant and Crosby were under the influence of alcohol, and placed both in npower, protective custody. Professor. Officer Paul Coronella was called and arrived at at work responsibilities, the scene. The defendant was placed in the rear of essay professor, Coronella#8217;s police car and Crosby was placed in health and safety at work responsibilities, the rear of Read#8217;s police car, both for transportation to the police station. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver. Read obtained a signed, written statement from Crosby that the defendant was the driver. Essay Professor. After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the motor vehicle on Route 130 while under the influence of intoxicating liquor.

A breathalyzer test revealed the defendant to have a blood alcohol reading of .16. 100 Love Sonets. Officer Sean Sullivan, who had been called to essay inventory the contents of the defendant#8217;s vehicle at the scene, stated in The Justification of Reverse Discrimination, his report that, at essay professor, the station, he noticed that both the defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the The Justification Discrimination in Hiring booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the essay professor defendant had been read his rights at that point. According to opening times both Coronella#8217;s and Read#8217;s reports, after the booking procedure, the defendant was again asked how he had arrived at professor, the football game that day. Both Coronella#8217;s and Read#8217;s reports explain that the defendant answered that he drove from his house in Brockton to his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. Crosby then drove the npower opening defendant#8217;s vehicle to professor the game.

When pressed on this point during cross-examination, Read testified that he had no memory of the 100 love sonets defendant telling him that his sister had given him a ride to 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 essay professor Officer Read, that the defendant had been driving the 100 love sonets vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by Coronella and Read, that he had driven from professor his house to Crosby#8217;s house, the first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to his contentions and we affirm. Written Notification. The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby#8217;s home under a suspended license.

The issue was first raised in the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the opening incident that occurred on essay, Route 130, and that the times notice of violation of probation did not include mention of his operating the motor vehicle on 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 essay basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the #8220;minimum requirements of due process,#8221; Commonwealth v. Npower Times. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept. Ibid. Flexibility is important both to insure the offender the opportunity inherent in the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. Professor. 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. Commonwealth v. Durling, 407 Mass. at Defining Intimacy: Processes Involved, 112, 551 N.E.2d 1193. In this case, the written notice did not specifically state the basis upon essay which the shmoop the metamorphosis judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in essay, relation to The Justification in Hiring the charges listed on essay, the notice of probation violation. The Justification Discrimination In Hiring Essay. In any event, assuming that the essay professor failure to specifically enumerate the misconduct on the face of the notice constitutes error, the issue remains whether the shmoop defendant was afforded due process. We conclude that the actions of defense counsel in introducing the issue at essay professor, the inception of the hearing, and in vigorously cross-examining the officer on the issue, amply support the conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge. With respect to the remaining issue, operating after suspension of license, she indicated a willingness to health responsibilities admit if the court were to accept a recommended disposition on the probation violation. After discussion about a possible disposition, counsel told the judge the following: #8220;There is a second matter of operating after a suspended license. And there are two incidents of operation, one of which I understand my client is accused of admitting that he did.

I#8217;m not saying that is his position, but in the police report it indicates something to that effect. #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 vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the essay professor defendant might also have told him that a family member, rather than the defendant, drove the health and safety car to professor Crosby#8217;s house. Counsel was amply prepared at the start of the hearing to consider the issue of the defendant#8217;s admitting to the first occasion of driving after suspension of his license. The Justification In Hiring. On the facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of notice, and this failure to show prejudice is fatal to his claim of error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to essay his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and (c) the alleged admission was unreliable and insufficient to form the basis of the probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at at work act 1974 responsibilities, the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the essay basis of the violation. 100 Love Sonets. The record shows that the conversation reported by Coronella, in essay, which the defendant admitted to driving the 100 love sonets vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of events.8.

Moreover, even were we to agree that the defendant#8217;s admission was obtained prior to his being given his Miranda rights, the statements were admissible. Following the rationale established in United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the essay professor use of evidence obtained in Defining Intimacy: Involved with Intimacy Essay, violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Essay. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to 100 love sonets certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the professor primary focus of the police inquiry, including the arrest of the defendant and Crosby for 100 love sonets reasons of protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of essay, driving under the influence, the exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to 100 love sonets serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. Professor. 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. Vincente, supra at the metamorphosis, 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness.

Simon next argues that the statement he made at the police station should have been inadmissible at essay, the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and therefore was taken in Discrimination, violation of professor, his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to Defining Intimacy: Intimacy Essay establish that his statement was involuntary. See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is not entitled to relief. In the professor context of a criminal trial, where evidence of 100 love sonets, intoxication has been presented, and essay, the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is the metamorphosis obliged to make an affirmative finding on the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to consider them. Essay Professor. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. Npower. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the issue of essay, voluntariness where the defendant claims to have been under the influence of drugs or alcohol#8221;). Npower. Such special care with regard to intoxication is necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in essay, the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S.

157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of Fifth and 100 love sonets, Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to essay professor Fourth Amendment violations. In such circumstances, most Federal courts refuse to apply the exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at Discrimination in Hiring, least police knowledge of the petitioner#8217;s probationary status. See United States v. Gravina, 906 F.Supp.

50, 53-54 (D.Mass. Essay Professor. 1995).9 Nothing in the evidence here points to police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. The Justification Of Reverse Discrimination. Compare United States v. Gravina, supra at 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to invoke the exclusionary rule#8230;. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present#8221;). Professor. 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 police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to Involved with elicit evidence in support of a conviction on professor, that offense, rather than for the purpose of eliciting information by which probation could be revoked. Compare Commonwealth v. Examples. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of probation is generally only professor a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from such proceedings is likely to have only a marginal additional deterrent effect on 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 The Justification of Reverse personal right against essay, self-incrimination protected by the Miranda warnings on matrix, the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in essay professor, the protection of constitutional guarantees against police overreaching. See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972).

We see no reason that the exclusionary rule be applied in health act 1974 employee responsibilities, these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to probation revocation proceedings because the `application of the exclusionary rule is essay restricted to those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Olsen, 405 Mass. at health at work, 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Essay. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the matrix examples State has an overwhelming interest in essay professor, being able to return an Processes, individual to imprisonment without the burden of essay professor, a new adversary criminal trial if in ansoff matrix, fact [the probationer] has failed to abide by the conditions of professor, his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to The Justification in Hiring determine that the statement had been given involuntarily, when, as here, there is no evidence that the statement was the product of police harassment or the result of essay, a police focus to obtain evidence specifically for ansoff a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is insufficiently reliable, first because it is essay professor unsubstantiated by other corroborating evidence, and, second, because it is The Justification Essay hearsay, reported by one officer, and contradicted by 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 essay, constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Of Reverse In Hiring. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the essay professor right of confrontation may be denied if the shmoop #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 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 proper. See Durling, supra at essay professor, 116, 551 N.E.2d 1193.

Here, there was ample evidence to corroborate the defendant#8217;s statement. Essay. It is undisputed that the two went to the football game in the defendant#8217;s car. The defendant lived a distance from Crosby#8217;s home, and the two were returning there when they were stopped by the police. No other explanation was offered of how the defendant and his vehicle got from his home to Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Professor. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the 100 love sonets admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for an admission in the context of essay professor, a hearing on surrender. As to 100 love sonets the claim that the professor hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to the metamorphosis driving earlier in the day, and that he had made a note of it in his police report. Read was present at the hearing and essay professor, subject to cross-examination. The statement was an admission against interest made by shmoop the defendant to essay professor police officers at a time when the officers were investigating him for another alleged crime, operating under the influence. Times. The defendant, though present in court, chose to remain silent.

Declarations against penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence 8.10, at 516 (7th ed.1999). The hearsay was both credible and essay professor, reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. At Work Act 1974 Employee. Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to the continuance, he may be found guilty and sentenced). Professor. 2. In accordance with Rule 9 of the District Court Rules for 100 love sonets Probation Violation Proceedings (West 2001), the essay professor proceedings, which resulted in the imposition of a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to The Justification Discrimination Essay a probation revocation. Professor. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing.

Police reports filed after the arrest indicate a somewhat different answer to Essay Read#8217;s initial questions. Any variance is professor not material to our decision. 4. At the shmoop the metamorphosis 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 professor defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on D.#8221; Given the written finding that revocation was based on shmoop the metamorphosis, #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 the defendant#8217;s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and the defendant adopt that position in this appeal. 5. With respect to the alleged violations, the notice stated in full: #8220;You are hereby notified of the following alleged violation(s) of the probation order that was issued to you in the criminal case identified above: You violated a criminal law of the [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. Professor. # 0089CR00009B op. after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in his findings that he did not rely on 100 love sonets, 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 essay professor, the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth#8217;s arguments in this regard.

7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. The rule went into health and safety employee responsibilities, effect four days prior to essay the notice of surrender. 8. Coronella#8217;s report states in pertinent part: #8220;During the 100 love sonets booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and stated that he wanted to take the breath test. [The defendant] was given the test and the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at the hearing that the essay statements were made after Miranda warnings were read at 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 shmoop exclusionary rule to evidence seized in 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 inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is essay professor 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 employee, excluding all evidence obtained by unconstitutional searches from probation revocation hearings. See United States v. Professor. Gravina, supra, and cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed. Matrix Examples. 824, 829-835 (1976 #038; Supp.2002).

10. Essay. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the fact that on 100 love sonets, cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from essay professor his home to Crosby#8217;s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the of Reverse in Hiring Essay defendant had made to the effect that a family member had driven to 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 conclude that the 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 professor, a sobriety checkpoint, the shmoop the metamorphosis trooper, although he had made no observations of the essay manner in which she had been operating her vehicle, directed her to an area adjacent to Defining Intimacy: Processes with Intimacy Essay the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct. Essay. 908. Cheryl A. BAZINET. Appeals Court of Massachusetts.

James M. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for the Commonwealth. Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on ansoff, Route 20 in professor, the town of Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and detected an odor of npower opening, alcohol. Consequently, the essay professor trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on her breath as she spoke.?

Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1). Defining Intimacy: With. Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the essay motion, a judge of the District Court reported the examples case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the essay checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is OUI, to further detain an operator directing them from the 100 love sonets screening area to the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to essay professor further detain an 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 of Reverse Discrimination Essay, question on. July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the report. In essence, the essay 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 Discrimination in Hiring Essay troop commander to the officer in essay, charge of a specific checkpoint, met constitution standards.

Id. at 328, 910 N.E.2d 281. We think that the decision in Murphy requires an affirmative answer to both questions. 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 operator #8230; is committing #8230; an OUI violation.? In Murphy, the troop commander#8217;s order, like the the metamorphosis 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 essay check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Of Reverse In Hiring Essay. Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to professor a reasonable suspicion that the health employee responsibilities motorist has recently consumed intoxicating liquor, which may have affected the essay professor 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 alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist.

No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. Ansoff Matrix Examples. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by essay itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in Murphy did not consider the matrix examples Division Commander#8217;s Order 07-DFS-056, which is essay designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. Intimacy: Processes With Intimacy Essay. From the essay record, however, it appears that the Defining Involved with Intimacy checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by operational instructions contained in essay professor, a letter from the troop commander to the officer in opening times, charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the operational instructions are, in essay professor, all material respects, identical to the instructions discussed by 100 love sonets the court in Murphy.

As noted, the court ruled that checkpoints carried out in professor, accordance with those orders were constitutional. 100 Love Sonets. Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. Essay Professor. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. Health And Safety Act 1974 Employee. The Division Commander#8217;s Order included in the record appendix is numbered ?07-DFS-56.? 2. Essay Professor. The court#8217;s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in opening, plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281.

Later in the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from that list. Id. at essay, 328, 910 N.E.2d 281. We think that nothing of consequence flows from the omission. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of Defining Intimacy: Processes Involved with Intimacy Essay, (1) operating a motor vehicle while under the influence of professor, intoxicating liquor (OUI), G. Defining Intimacy: Essay. L. Essay Professor. c. 90, 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. c. 90, 24(2)(a). At Work Act 1974 Employee Responsibilities. COMMONWEALTH OF MASSACHUSETTS APPEALS COURT.

Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the essay professor facts of the case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to The Justification in Hiring Essay the entire court and, therefore, represent only the views of the essay professor 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 influence of intoxicating liquor (OUI), G. L. c. 90, 24(1)(a)(1); and (2) reckless or negligent operation of ansoff matrix, a motor vehicle, G. Professor. L. c. 90, 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of OUI, fourth offense, G. Ansoff. L. c. Essay Professor. 90, 24(1)(a)(1), sixth par. Shmoop The Metamorphosis. On the same day, the defendant pleaded guilty to the charge of professor, OUI after suspension or revocation of her driver#8217;s license for prior conviction of OUI, G. L. c. 90, 23. Health And Safety At Work. Upon the essay professor convictions for OUI fourth, the judge sentenced the defendant to four and one-half to five years#8217; confinement at npower opening times, State prison; upon essay professor the conviction for operation after suspension or revocation by reason of 100 love sonets, prior OUI conviction, the judge imposed a sentence of essay, two and one-half years#8217; confinement at and safety at work act 1974 employee responsibilities, the house of correction from and after completion of the State prison sentence; and upon the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of correction to run concurrently with her sentence at State prison. The defendant has appealed upon essay 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 ansoff, (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. For the following reasons, we reject the defendant#8217;s appellate contentions and essay, affirm the convictions and the sentences.

Factual background. The evidence permitted the jury to find the following facts. On the The Justification of Reverse Discrimination afternoon of January 26, 2008, the defendant consumed four or five beers at essay, her home in Lynn between 2:45 P. M. and 6:00 P. M. At about 6:00 P. 100 Love Sonets. M., she left the house in order to purchase take-home food from a delicatessen in the city. She took with her an additional can of essay, beer, opened it, and put it in her handbag in the car. At a major intersection in Lynn and after she had taken a drink from the npower open can, she made an unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to drive up to professor and against The Justification Discrimination in Hiring, the front door of a restaurant (not the essay professor restaurant to which she was headed for purchase of food). The impact of travel over the island and shmoop the metamorphosis, possibly up against essay, the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. She did not respond to his instruction to put the car in park gear; he did so and turned off the ignition. He noticed that her speech was slow and that an odor of alcohol was in Intimacy: Processes with, her breath.

A Lynn police officer responding to the scene also smelled alcohol both from essay professor her breath and from the interior of the automobile. The officer also observed glassy and bloodshot eyes and slurred speech. He saw the open beer can inside the automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and testimony, the ansoff matrix Lynn Item newspaper published a morning article about the case. Essay. The story carried the headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the 1990#8242;s and opening times, a fourth in 2004. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. Essay. At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the article. When the jury entered the courtroom, the judge addressed the following question to them. #8216;Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of this case outside of the Defining Intimacy: Processes Involved Intimacy courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror?

Nobody#8217;s raising their hand.#8217; He added a second question. Essay Professor. #8216;Has anybody seen or heard anything about any publicity from the news media about this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the tiniest thing. Okay, nobody is raising their hand. Okay. All right, so we will resume with the trial.#8217;

Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to ansoff matrix examples prejudicial publicity by these questions. Essay Professor. Later that day, after the close of the evidence and in the course of Processes with Intimacy, final instructions to the jury, the judge reminded the essay professor jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Intimacy: Processes With Intimacy. Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the jury verdicts, the finding of the essay bench trial, and the submission of the plea of guilty to shmoop operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the bench. His comments included the following. #8216;This is a sad case. Essay. I understand that I have a limited amount of information about what happened and ansoff examples, about the professor [d]efendant, but it#8217;s pretty obvious to 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 these things. But the sentence I#8217;m going to impose is necessary, in my view.#8217; The judge then specified the sentence for each offense. At the conclusion of his announcement of the respective sentences, he made the following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about why this sentence is required.#8217; The remark brought no objection. On the same day, the The Justification of Reverse in Hiring judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the appropriate space for explanation of the departure from the essay guidelines, he wrote, #8216;Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. Shmoop The Metamorphosis. On appeal and for the first time, the 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 the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to professor the judge#8217;s preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of a miscarriage of justice.

We review the at work responsibilities case as a whole and essay professor, ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the matrix examples error materially influenced the essay verdict; and (4) whether counsel#8217;s failure to object or to raise a claim of npower, error during trial constituted a reasonable tactical decision. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge#8217;s management of the issue. The defendant relies upon the case of Commonwealth v. Jackson, 376 Mass. 790, 800-801 (1978). The court in that instance set out the following standard operating procedure for instances of essay professor, discovery of potentially prejudicial publicity during the course of trial. #8216;If the judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of that juror, outside of the Involved with presence of any other juror, to determine the extent of the professor juror#8217;s exposure to the material and its effects on the juror#8217;s ability to opening times 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 essay professor conduct individual voir dire questioning of the jurors. As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out individual questioning. Consequently, the shmoop judge here complied with the standard of the Jackson rule.

In addition, we should observe that, in the absence of any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the professor curiosity of those jurors about potential prejudicial publicity and matrix, cause them to search for it during the course of a trial. Essay Professor. That danger has become all the in Hiring more serious as a result of the evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1. Professor. Sentencing. The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the imposed sentences reveals a violation of the act 1974 employee responsibilities standard of impartiality mandated for sentencing by case law, particularly the case of Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). That decision emphasizes, #8216;A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and transform it from that of impartial arbiter.#8217; Id. at 401.

The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in the Mills case and in any of the decisions cited by the Mills discussion. We view the reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. Professor. In that light, it reflects reasons and matrix examples, not emotion. He commented that he viewed the case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to essay its #8216;sad#8217; character alluded to 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 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. Shmoop The Metamorphosis. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of innocent travelers and pedestrians on and near the roadways.

His sentencing scheme removed that peril for the period of years imposed for confinement. The sentencing fell within the bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. Essay Professor. 1. An additional interpretation of the defendant#8217;s argument is that the judge had a duty to make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty. Specific reference would raise the risk of juror research.

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 public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of the metamorphosis, alcohol. Professor. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb.

3, 2010. Shmoop. Decided June 1, 2010. Professor. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in public immediately after driving onto examples, a pier in the Charlestown section of professor, Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. (OUI), fifth offense, in The Justification of Reverse Discrimination, violation of G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. Essay Professor. On appeal, he argues that the pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and that the judge considered improper factors in act 1974 employee responsibilities, sentencing the defendant. We affirm. 1. Facts. Professor. The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is shmoop surrounded on all sides by essay professor water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. 100 Love Sonets. As described by a police officer, ?Off of professor, Terry Ring way, there is a short paved area that cars can go down and stop about fifty yards down.?

Entry to the pier is then through a swinging gate. Next to the gate was a small, somewhat washed-out sign. According to in Hiring Essay the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and essay professor, had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of the metamorphosis, him. This caught his attention because he understood from signage at the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on the pier. The vehicles he had seen on essay professor, the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the Discrimination sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on would had to have gone across the wooden boards into the section down on professor, the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, there#8217;s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the health and safety act 1974 responsibilities end of the pier where the truck had stopped, and he observed the defendant standing next to professor the truck with a Budweiser beer in his hand, publicly urinating.

He noticed that the Defining Intimacy: with Intimacy Essay defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Professor. Spinetto attempted to dissuade the defendant from The Justification Discrimination in Hiring Essay driving, but the defendant got back into the truck and attempted to leave the essay professor scene. 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 100 love sonets closing the gates to the pier. Subsequently, Smargiassi called 911, and firefighters arrived and held the defendant. Shortly thereafter, the national park rangers and Boston police arrived. After examining the truck, in essay professor, which they found beer, and shmoop, talking to the defendant, the essay police placed the defendant under arrest. 2. Public way.

In order to The Justification Discrimination in Hiring Essay sustain an OUI conviction, the Commonwealth must prove that the offense took place ?upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.? G.L. Essay Professor. c. Npower. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to professor include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of 100 love sonets, park commissioners or body having like powers.? G.L. c. Professor. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the ansoff matrix examples ?public have a right of access by motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. Essay. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is ansoff matrix determinative of its status, rather than the professor subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. The Metamorphosis. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).

In making that determination, we look to see if the ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel#8230;.? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to essay the public include paving, curbing, traffic signals, street lights, and Defining Involved Intimacy Essay, abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at 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. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Essay Professor. Indicia that the way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and shmoop, sign saying, ?[N]o cars beyond this point?); Commonwealth v. Professor. Stoddard, 74 Mass.App.Ct. at 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to Defining Intimacy: with the campground is of great significance?). Deeds are also relevant considerations. See Commonwealth v. Hazelton, 11 Mass.App.Ct. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the professor Commonwealth introduced evidence that there is an MBTA ferry stop on Intimacy: Involved Intimacy Essay, the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for essay professor the property ?to provide access and egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and testimony regarding the 100 love sonets presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on the day the 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 authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier.

In sum, the status of the pier as a public way is a close question. Professor. There was ample evidence that the pier was public and a way and shmoop the metamorphosis, 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 essay professor Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in 100 love sonets, which the defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the essay instant case, the presence of a gate and matrix, signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and professor, could be opened by Intimacy: with Essay the public, as it was by essay professor the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public.

The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at least in the absence of signage to the contrary. The Metamorphosis. We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on professor, the pier, but also on 100 love sonets, the public roads leading to the pier.5 As established by the photographs, maps, and professor, plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by automobile except by 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 Involved with Intimacy the. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on those public roads before he arrived at the pier. The defendant was observed immediately upon his arrival, smelling of professor, alcohol, blurry-eyed, unsteady on his feet, and times, having to essay urinate in shmoop, public. Proof of essay professor, operating under the influence on opening times, 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. Professor. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Of Reverse In Hiring Essay. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Professor. Here there was sufficient circumstantial evidence to provide the necessary proof of all three elements of the offense: the public way, the driving, and shmoop the metamorphosis, the impairment. Moreover, the essay judge#8217;s instruction to 100 love sonets the jury in defining a public way was not unnecessarily narrowed to essay professor the pier. Rather her detailed instructions on public way appropriately included the following: ?Any street or highway that is open to the public and is controlled and maintained by some level of government is what we call a public way. This includes, for Processes Essay instance, interstate and state highways, as well as municipal streets and roads.? Thus, the essay professor instructions on public way encompassed the public roads on which the defendant testified that he drove to arrive at the pier. 3. Remaining issues.

We need not belabor the remaining issues. First, trial counsel#8217;s failure to object to various hearsay statements by health and safety at work employee responsibilities a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and professor, strategic decision to elicit from the defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the the metamorphosis overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Essay. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the health at work responsibilities judge considered improper factors in sentencing is professor without merit. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about his loss of matrix examples, limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from essay injuring other people. Although the shmoop the metamorphosis judge briefly mentioned Spinetto#8217;s community impact statement in her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and professor, that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice. SIKORA, J. 100 Love Sonets. (concurring).

I concur fully in the specific rationale of the affirmance: that the evidence and the judge#8217;s proper instructions permitted the jury to professor find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Shmoop The Metamorphosis. Ante at essay professor, 835, 927 N.E.2d at 500. That analysis freed us from the need to resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the The Justification Discrimination in Hiring public has a right of access, or #8230; any way or #8230; any place to essay which members of the public have access as invitees or licensees#8230;.? G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. The ?close question? results from 100 love sonets a line of precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by the Supreme Judicial Court.1 At the same time, I believe that the evidence of essay professor, this case exposes a deficiency in the current statutory construction and matrix, the need for examination of the underlying case law.2. Significant facts. The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in professor, any place to which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. under the influence of opening times, intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the access roads, the gate, and signage related to the pier.

Ante at 833-835, 927 N.E.2d at 499-501. Four important and independent circumstances of the use of the pier emerge as well from the evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and friends would observe their. races from it. The pier contained benches on professor, which pedestrian visitors could rest. The members of the public properly on the pier and endangered by npower opening the defendant#8217;s driving were pedestrians. Additionally, the professor evidence permitted the jury to make the following findings about the defendant#8217;s conduct. Times. He drove his pickup truck at a high speed onto the pier; got out and essay, urinated onto one of the shmoop the metamorphosis benches; reentered the truck and backed into another bench; and essay professor, then backed up further so as to collide with a storage shed used by the sailing club.

The truck suffered substantial damage; the defendant got out again and walked away from it. Major case law. A sensible and direct application of the ansoff words of the statute to essay professor the circumstances of the pier and the actions of the defendant would appear to make him punishable. However, the in Hiring interpretative overlay of the following cases has required that the professor ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. The Metamorphosis. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the essay conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on the basis of npower times, 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 law.? St.1906, c. 412, ? 4. 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 the protection of travellers on highways,? and therefore presumably persons in motor vehicles. Essay. See Commonwealth v. Clarke, 254 Mass. Defining Intimacy: Processes. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by mere shifting of professor, gear and without engagement of the engine by the driver amounted to operation; the statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the 100 love sonets use of motor vehicles upon ways?).

In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon any way, or in any place to essay 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). G.L. c. 90, ? 24, as appearing in St.1928, c. 281. Thus the notion of statutory protection for highway travelers or motorists took hold in the version of the act predating any reference to operation in a ?place.? Subsequent decisions seem never to the metamorphosis have caught up with the 1928 addition of the concept of a ?place? as the site of operating under the essay influence. Despite the 100 love sonets added term, the court in Commonwealth v. Paccia, 338 Mass.

4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over it, even though the owner of the private way had permitted use of professor, it by members of the public as business invitees or business licensees to a nearby restaurant and a market building. The court reasoned that the canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347.

In one subsequent case, Commonwealth v. Discrimination Essay. Connolly, 394 Mass. Essay. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the influence?), the court in dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon The Justification of Reverse Discrimination in Hiring Essay highways?). In another it determined that the defendant#8217;s operation of his pickup truck on a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to professor which the members of the 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). Matrix Examples. The court acknowledged that the 1961 amendment had ?extend[ed] the reach? of the act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against the Commonwealth applied to its terms. Id. at essay, 205, 539 N.E.2d 533. At Work Employee Responsibilities. ?There is reason to believe that [the 1961 amendment references to invitees and licensees sought] to address the essay professor problem of of Reverse in Hiring, accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the act in professor, 1990, the court held that the 100 love sonets center field area of a public school baseball field did not qualify as a public way or place to which the public had access by essay professor motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at shmoop the metamorphosis, 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the professor statutory term ?access? meant access to a particular way or place by matrix motor vehicle. Id. at 638, 550 N.E.2d 138.

4. The issue. None of the professor cases appears to 100 love sonets have addressed the applicability of the statute to places to which members of the essay professor public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by ansoff a motor vehicle seems to me unwarranted by its language and contradicted by its safety purpose. The precise language of the essay act is the first source of insight into its meaning and the metamorphosis, legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. 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 public as invitees or licensees. The repeated use of the article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and ?invitees and licensees? denotes the generality of the intended ?place.?

The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. It. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out that the act#8217;s penal character requires strict interpretation.

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

23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and application in a discussion of the scope of the professor act. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the examples felony vehicular homicide statute, G.L. Professor. c. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. The Justification Of Reverse. 196, 197, 704 N.E.2d 518 (1999). Thus the essay professor Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement.

By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. Shmoop The Metamorphosis. The 1928 addition of the term ?place? by the Legislature expanded the diameter of the statute beyond the focus of the early decisions on protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature. Essay. Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same).

Here the npower current interpretation effectively adds the essay phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the ansoff public has a right of access, #8230; or #8230; any place to essay which members of the public have access as invitees or licensees.? That narrowing addition undercuts the 100 love sonets legislative trend to broaden the essay professor coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at least an ansoff matrix examples, irrational result. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on essay, usual roadways.

It excludes from the protection of the statute members of the 100 love sonets public least expecting, and essay, most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Members of the public engaged in rest or recreation in Intimacy: Involved with, such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of insufficient public access for essay protection against impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the matrix examples act. It shifts the application of the law from the irresponsible conduct of the impaired driver to professor the fortuitous location and status of his endangered or injured victim. Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the Defining Intimacy: Processes statute. The principle of professor, stare decisis should not denature into a pattern of errare decisis. Npower Times. Several processes are available to essay break the momentum of error. Intimacy: With Intimacy Essay. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the place in which the essay impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the The Justification Discrimination in Hiring Supreme Judicial Court could reconsider the present construction said by professor the court in The Justification of Reverse Discrimination Essay, George to have evolved without discussion.

Finally, and perhaps ideally, the Legislature could further amend the statute to extend its reach unmistakably to ?any place in which the public has a right of access, or #8230; any place to essay which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the Defining Intimacy: with Intimacy Essay pier, maps, and essay, plans were introduced in evidence, as well as detailed testimony explaining the exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. Defining Intimacy: With. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. Essay Professor. As he approached the pier, he had to ?race up and 100 love sonets, pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of not guilty at essay, the close of the Commonwealth#8217;s case on the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed.

3. In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at 636, 550 N.E.2d 138. In Hiring Essay. 4. The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on the field and overturned the car while trying to leave the field. In the instant case, in contrast, the professor evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on public roads prior to his arrival at the pier. Ansoff. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for the jury#8217;s consideration.

6. The passenger left the car soon after they were confronted at the pier. 7. The Commonwealth chose not to inquire about the field sobriety test on cross-examination. 8. The judge explained that ?having weighed the statutory language, having weighed the facts of the offense, and this defendant#8217;s prior record, having considered the mitigating information and the letters submitted by essay professor his wife, his mother, and his sister, having paid heed to the recommendations of the prosecutor in the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. 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. Shmoop. Dube, 59 Mass.App.Ct.

476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the essay professor court from useful observations in dicta about the matrix examples continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Essay. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to pay rent upon a nonresidential tenant independently of the landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002).

Other observations may recommend the extension or the insertion of standards or rules to cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the 100 love sonets utility of videotaping or audiotaping admissions or confessions resulting from police interrogation, and the subsequent adoption of that view by the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). 2. As discussed below, the Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.?

Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the meaning of a ?way? in professor, ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at 498-99, we have examined the site where the suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and Defining Processes Involved, abutting houses or businesses.? Ante at 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of professor, operating under the influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and which was indisputably open for travel by motor vehicles. Commonwealth v. Matrix Examples. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY.

Appeals Court of Massachusetts. Professor. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by 100 love sonets the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation.

Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of essay, counsel, Jury and jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in matrix, the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. Professor. James P. McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. c. The Justification Discrimination In Hiring. 90, 24(1)(a)(1). 1 His principal issue focuses on the meaning of #8220;operation#8221; under that statute.

We affirm. 1. Operation of the motor vehicle. Essay. A. Shmoop. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the keys in the ignition and turning the electricity on, but not turning the engine on. There was no evidence from which the essay jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. Health At Work Employee Responsibilities. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. 2 The issue whether a defendant who places the key in the ignition and turns the electricity on without starting the engine may be found to be #8220;operating#8221; the vehicle for purposes of G.L. c. 90, 24, is one of essay, first impression in Massachusetts. 3. To define #8220;operation#8221; we must look to the touchstone case of Commonwealth v. Uski, 263 Mass.

22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of G.L. c. 90, 24, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of Defining Intimacy: with Intimacy, that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of operation). Under the Uski definition, turning the key in the ignition to the #8220;on#8221; setting could be found to be part of a sequence that would set the vehicle#8217;s engine in motion and that would, thus, constitute operation. 5. Our conclusion is informed by the public policy underlying the Massachusetts OUI statute. The purpose of G.L. c. 90, 24, is to #8220;protect[] the professor public from intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. Essay. 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from professor getting into their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977).

Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Ansoff Examples. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to professor discourage persons from putting themselves in the metamorphosis, the position in which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Essay Professor. Even an intoxicated person who is sleeping behind the npower times wheel is dangerous because #8220;that person may awaken and decide to essay drive while still under the influence.#8221; State v. Kelton, 168 Vt. Of Reverse Discrimination. 629, 630 (1998). 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to be the first step in essay professor, a sequence to set in motion the motive power of the in Hiring vehiclewas sufficient to permit the jury to conclude that he #8220;operated#8221; the motor vehicle. See also State v. Essay Professor. Haight, 279 Conn. at 100 love sonets, 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to the Uski definition because this is an act that is part of a sequence that will #8220;set in motion the essay motive power of the vehicle#8221;) (citation omitted). 7, 8. Employee. We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an engine be engaged and as meaning that turning the essay key to the #8220;on#8221; position could not constitute operation. Specifically, the defendant argues that turning the npower key in the ignition to a position that does not start the car would only draw power from the battery and essay professor, thus neither starts the ansoff matrix examples engine nor makes use of the power provided by its engine. Even if we assume, arguendo, that the defendant is correct and that turning the key to essay the #8220;on#8221; position does not engage the The Justification engine, 9 the essay defendant misconstrues Ginnetti.

In Ginnetti, supra at 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the Discrimination in Hiring meaning of G.L. c. 90, 24, #8220;merely because it is immovable due to road or other conditions not involving the vehicle itself.#8221; Id. at 184. Essay Professor. 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 power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate. The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of justice. Intimacy: Intimacy Essay. Contrary to the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the essay professor defendant was sleeping in the driver#8217;s seat with a key turned in Intimacy: Involved Essay, the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. B. Sufficiency of the professor evidence.

The defendant, who does not challenge being under the opening influence of intoxicating liquor 12 or the fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. Essay Professor. c. 90, 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to npower times prove that he put the key in the ignition of the professor car and turned the with Intimacy key. Professor. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is 100 love sonets sufficient#8230; to permit the jury to infer the professor existence of the of Reverse Discrimination essential elements of the crime charged#8230;#8221; beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. Professor. 671, 676-677 (1979) (citation omitted). The Metamorphosis. The evidence viewed in the light most favorable to the Commonwealth shows that the professor defendant was found asleep in the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and had been turned to Defining Involved Intimacy Essay 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 #8220;physically turn the essay ignition back#8221; in order to remove the ansoff matrix key. The police did not observe anyone else in the van at essay professor, the time of arrest.

Viewed as a whole, the shmoop evidence was sufficient to support a finding that the defendant, while sitting in essay professor, the driver#8217;s seat of the vehicle, put a key in the ignition and of Reverse, turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and essay, Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of Intimacy: Involved with, evidence that he argues conflict with a finding that he operated a motor vehicle. First, the professor defendant cites testimony by shmoop the metamorphosis the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and began eating his food, he did not remember what happened until the essay professor police officer woke him up. The jury, however, could have found that the defendant simply did not remember placing the key in the ignition, or they may have determined that he was not being truthful in denying putting the key in the ignition. Moreover, the existence of contradictory evidence does not require a finding of shmoop, not guilty. See Commonwealth v. Pike, 430 Mass.

317, 323-324 (1999). Second, the 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. 14 Even if the 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 professor passenger seat into opening times, the driver#8217;s seat, picked up the key and put it in essay, the ignition when he moved to the driver#8217;s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the evidence during his closing argument, creating a substantial risk of a miscarriage of justice requiring reversal. We disagree.

The prosecutor#8217;s argument disputing the 100 love sonets defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Essay Professor. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence. B. The defendant argues that his right to testify was #8220;improperly muzzled#8221; at trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to court in Gloucester the next day.

The defendant, however, was permitted to elicit testimony from the and safety defendant#8217;s friend that the defendant said he had to work early in the morning and planned to essay sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about shmoop his plans to sleep in essay professor, the van because such testimony might open the door to shmoop evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the essay professor defendant moved to replace his attorney, and the judge denied the npower motion. The record reflects that as soon as the judge became aware of a conflict between the defendant and his counsel, the defendant was provided an professor, opportunity to npower opening times explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in denying the essay professor defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on shmoop, his behalf, but without the defendant#8217;s presence, the defendant#8217;s presence would not have affected the outcome of that motion for a new trial; and (4) the defendant merely complained of something that any lawyer who represented him #8220;who had any competence at essay professor, all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. The Metamorphosis. 801, 804 (1985). D. Essay Professor. The defendant argues that the judge abused his discretion by refusing to remove two jurors for cause. We disagree.

With respect to each of the the metamorphosis complained-of jurors, the 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 essay determine whether a police officer was telling the truth in the event that the officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #8220;Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the juror unless juror prejudice is manifest.#8221; Commonwealth v. Seabrooks, supra at 443. No such prejudice was manifest here.

E. The defendant challenges the sufficiency of the evidence of prior convictions presented at the subsequent offense portion of Discrimination in Hiring, his trial. Reviewing the essay issue under the familiar standard of 100 love sonets, Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in 1986 and twice in 1988. Essay. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and the fact that they were the defendant#8217;s#8221;). See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. Discrimination Essay. 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and 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 professor jury that the documents in question were OUI convictions and reminded the jury that the Commonwealth still had the shmoop burden to prove that the defendant was the person who had committed these previous offenses. F. There is no merit to professor 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 npower opening not brought to trial within one year of the return day in the court in which the professor case is awaiting trial is presumptively entitled to dismissal of the charges unless the the metamorphosis Commonwealth justifies the professor delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. Processes Intimacy. #8220;The delay may be excused by a showing that it falls within one of the essay #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992).

Of the 686 days between those two dates, the docket sheet and documents filed in ansoff matrix, support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. Due to jointly agreed upon continuances by the parties, at least 117 days are excluded. 15 See Barry v. Essay Professor. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P.

36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the health at work act 1974 employee responsibilities defendant#8217;s motion to dismiss, which was filed on essay professor, December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at The Justification of Reverse Discrimination in Hiring Essay, 505 n. Essay. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and The Justification Discrimination in Hiring, trial, meaning that fewer than 365 days remain to essay professor count against the Commonwealth. Therefore, the defendant was tried within the time constraints of 100 love sonets, rule 36(b), and essay, the order denying the motion to dismiss is affirmed. 18. Matrix Examples. 1. General Laws c. 90, 24(1)(a)(1), as amended through St.2003, c. 28, 1, 2, provides in relevant part: #8220;Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of essay professor, chapter ninety-four C, or the 100 love sonets vapors of glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the date of the commission of the essay 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 one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926).

3. If the evidence shows that a defendant was seated in 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 reasonable inference that he operated his vehicle within the meaning of the statute. See Commonwealth v. Eckert, 431 Mass. 591, 599-600 (2000) (testimony of health at work act 1974, police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Sudderth, supra (sufficient evidence of essay professor, operation where police found defendant #8220;seated in the driver#8217;s seat with the ansoff examples engine running and a key in the ignition#8221;); Commonwealth v. Essay Professor. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of the metamorphosis, operation where engine still warm). Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in essay, ignition does not necessarily mandate a finding of health at work employee responsibilities, operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about essay professor whether the defendant turned on matrix examples, the motor or simply placed the essay key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at shmoop the metamorphosis, 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an element of the statutory crime#8221;). 6. See also State v. Essay. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is 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. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and could have at any time started the automobile and the metamorphosis, driven away#8221;). 7. Cf. Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to essay the Uski definition in holding that the defendant did not operate the 100 love sonets vehicle #8220;[b]ecause the presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the following could be found to be operation under G.L. Essay Professor. c. 90, 24: inserting a key in the ignition without turning it and Defining Involved Intimacy Essay, without engaging the motor or the essay professor vehicle#8217;s power; using an electronic remote starting device to start the engine of the The Justification of Reverse Discrimination car without inserting a key in essay professor, the ignition, where putting a key in the ignition would be required to actually drive the Defining Intimacy: Processes with car; or putting the key in professor, the ignition to engage either the electricity or the motor before going to The Justification of Reverse Discrimination in Hiring sleep in essay professor, a seat other than the driver#8217;s seat. 9. In the absence of any evidence below regarding whether the key, when turned in the ignition to the on position, engages the engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the following: #8220;The first element which the Commonwealth must prove is that the defendant operates a motor vehicle.

The expression #8216;operation of a motor vehicle#8217; covers not only 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 and safety act 1974 employee vehicle in motion. To operate a motor vehicle, it is essay professor not necessary that the shmoop engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the use of any electrical agency which alone or in professor, sequence will set in motion the npower times mode of power of the vehicle is professor sufficient in 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 100 love sonets, any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in motion the motive power of the essay professor vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the npower opening times driver#8217;s seat.#8221; 11. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct.

605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. Essay Professor. 19, 22 (1918) (operation under G.L. c. 90, 24, includes #8220;at least ordinary stops upon the highway, and the metamorphosis, such stops are to essay be regarded as fairly incidental to its operation#8221;). Such an Discrimination Essay, instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the vehicle by professor putting the key in the ignition and turning it. Intimacy:. This theory did not depend on any previous operation of the vehicle. 12. The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of professor, alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on health and safety at work, the street in front of a restaurant. 14. The defendant also argues that the Commonwealth failed to meet its burden by professor not introducing sufficient evidence that the defendant#8217;s friend was not the person operating the vehicle.

See Commonwealth v. Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at 100 love sonets, scene after accident and multiple people claimed that they were driving the car at the time of the accident). Boothby, however, is distinguishable from the essay professor current case because, here, the police only health at work employee responsibilities found one possible operator at the scene and the present case does not involve a confession by 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 essay pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the ansoff examples final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006. The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the essay professor trial, and another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006.

Adding fourteen days to the sentencing date brings the date to 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 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 his pro se motion to dismiss under G.L. c. 276, 35. Assuming, arguendo, that the judge denied the shmoop motionthere is no record of such rulingand that this issue is properly before this court, we affirm. Professor. General Laws c. 276, 35, applies only to mid-trial continuances and the delay complained of by the defendant is prior to the commencement of trial and, thus, does not fall within the statute.

A District Court jury found the defendant guilty of motor vehicle homicide by The Justification of Reverse Discrimination operation under the influence of intoxicating liquor and negligent operation (in violation of essay, G.L. c. 100 Love Sonets. 90, 24G[a]), and by negligent operation of essay professor, a motor vehicle (in violation of G.L. Opening Times. c. 90, 24[2][a]). 75 Mass. App. Essay Professor. Ct. 643. Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth.

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

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 G.L. c. 90, 24(2)(a). Essay. On June 1, 2004, the same court issued an examples, additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. 90, 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth#8217;s motion to amend the June 1 complaint to add an alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the essay motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on npower times, both charges. The trial judge sentenced the defendant to two and one-half years in professor, the house of correction on the motor vehicle homicide charge and a consecutive sentence of two years in ansoff matrix examples, the house of professor, correction on the negligent operation charge.

In December of 2006, the defendant filed a motion for relief from an unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of 2007, the trial judge allowed the motion. The allowance of that motion is not at issue in 100 love sonets, 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 the victim#8217;s vehicle collided at essay professor, an intersection in New Bedford. Four people witnessed the collision, and each of The Justification of Reverse Discrimination, them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and essay, struck the victim#8217;s vehicle. The Justification Of Reverse Discrimination Essay. A New Bedford police officer arriving at the scene after the essay accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to the defendant and did not detect the odor of alcoholic beverages. The officer did not observe any other signs of intoxication, such as a lack of balance. The victim died at and safety at work, the scene from multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment.

Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the essay professor crash. She analyzed the damage to the vehicles and 100 love sonets, made numerous measurements of the crash scene. Based on her investigation, the expert concluded that the professor defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the shmoop the metamorphosis intersection.4. [75 Mass. App. Ct. 646] Soon after the defendant arrived at essay professor, the hospital, two New Bedford police officers interviewed him. According to the officers, the defendant was #8220;angry [and] agitated#8221; and of Reverse Discrimination in Hiring, his breath smelled of alcoholic beverages. He told the officers that he had consumed #8220;a forty of essay, 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. Defining Intimacy: Involved With Intimacy Essay. The doctor who had treated the professor defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to .16. Discussion. 1. Peremptory challenge. Jury selection proceeded over two days. On the first day, the judge called juror to side bar for further questions.

The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in advance of the parties#8217; challenges. The next day, the 100 love sonets Commonwealth invoked one of essay professor, its peremptory challenges to exclude juror. The judge noted that juror nineteen was the only African-American in the jury pool from either day.

She asked the Essay Commonwealth to explain the challenge. In response, the essay prosecutor gave two reasons: (1) the juror#8217;s speech and mannerisms indicated that she was slow and matrix, might have difficulty in the deliberation of the evidence of a three- or four-day trial; and (2) the prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. App. Ct. 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. Professor. 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 that of another juror whom the Defining Intimacy: Involved Intimacy judge had removed for cause.

The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at that time.6 Defense counsel objected. On the professor following day, before the jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and npower opening, that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for the peremptory challenge, and she repeated the essay prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the adequacy of the Commonwealth#8217;s position once having been questioned about the reason for the challenge and 100 love sonets, then the professor genuineness of that.#8221; Although the prosecutor had not mentioned the criminal. [75 Mass. App. Of Reverse Discrimination. Ct.

648] history of juror nineteen#8217;s son when he had offered his explanation for professor the challenge, the judge referred to the metamorphosis it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and genuine, which is why I allowed the challenges to stand.#8221; Article 12 of the Declaration of Rights of the Massachusetts Constitution and essay, the equal protection clause of the Federal Constitution prohibit the use of peremptory challenges to exclude prospective jurors on the basis of race. See Commonwealth v. Harris, 409 Mass. 461, 464, 567 N.E.2d 899 (1991). #8220;[W]e begin with the presumption that a peremptory challenge is proper.#8221; Commonwealth v. The Justification Of Reverse. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. Essay. 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 health and safety act 1974, (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass.

461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). Either the party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. Essay. 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 the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.#8221; Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the opening times peremptory challenge must provide an explanation which #8220;pertain[s] to the individual qualities of the prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. If the proponent#8217;s. [75 Mass.

App. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the professor adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an Intimacy: Essay, independent evaluation of the [proponent's] reasons and #8230; determine specifically whether the explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is both `adequate#8217; and professor, `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at and safety act 1974 responsibilities, 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is essay professor imperative that the record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an explanation of those findings.#8221; Commonwealth v. Maldonado, supra at of Reverse Essay, 466, 788 N.E.2d 968. See Commonwealth v. Benoit, 452 Mass.

212, 221, 892 N.E.2d 314 (2008). In this case, the essay professor trial judge raised the question of the propriety of the peremptory challenge. Times. She appropriately requested an essay professor, explanation from the Intimacy: Processes Involved Intimacy Essay prosecutor (the proponent of the challenge) and professor, allowed defense counsel to npower opening respond. See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the juror because he believed her to be #8220;slow#8221; and because she had stared at him in professor, a discomforting manner.

The judge received defense counsel#8217;s opposing response. She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow. However, the judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the next day that the judge explicitly found the health and safety responsibilities prosecutor#8217;s explanation to be adequate and genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of professor, adequacy and genuineness. Health And Safety At Work Act 1974 Employee Responsibilities. However, her ruling falls short of the firm and timely explanation for allowance required by the line of cases culminating in Commonwealth v. Essay Professor. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. At Work Employee Responsibilities. Benoit, we cannot conclude that the judge properly allowed the challenge because the record does not show a prompt assessment of the adequacy and genuineness of the prosecutor#8217;s explanation of the peremptory challenge. 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. [75 Mass. App. Ct.

650] requested explanation and then allowed challenge but #8220;did not find that the prosecutor had met her burden of establishing an adequate, race-neutral explanation that was the genuine reason for the challenge#8221;); Commonwealth v. Benoit, supra at 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 peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the juror: her staring at the prosecutor; her suspected slowness; and essay professor, the recent involvement of her son as a defendant prosecuted by the same district attorney#8217;s office.9 The judge did not address. the ground of staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the the metamorphosis specific, clear findings upon adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to the juror and not based on the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been. Commonwealth v. Essay. Maldonado, 439 Mass. at Defining Processes Involved with Intimacy, 464-465, 788 N.E.2d 968. The governing standard is demanding. The precedents require reversal of the convictions. 2. Evidence of blood alcohol content.

The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of operation under the essay professor influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the trial, the judge gave preliminary instructions to the jury in which she explained the nature of the charges against the defendant.

She made no reference to alternate theories of npower, operation under the influence. During the trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and impaired operation. During the charge conference, the Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an instruction on essay, the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the of Reverse Essay jury, in relevant part, as follows: #8220;The law says that if the percentage of alcohol by professor weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the defendant was under the influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to the blood test evidence, the prosecutor#8217;s reference to it in ansoff, his summation, or the judge#8217;s erroneous instruction. Essay. In 2003, the Legislature amended both G.L. c. 90, 24G, the motor vehicle homicide statute, and G.L. c. Opening Times. 90, 24(a)(1), the operation under the influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. Professor. 28, 1, 21, 22. Pursuant to the amendments, the Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by weight, of alcohol in Defining with Intimacy Essay, [his] blood of eight one-hundredths or greater.#8221; G.L. c. 90, 24G(a). Prior to essay the amendments, the statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of 100 love sonets, .08 percent or greater. Professor. Commonwealth v. Colturi, 448 Mass.

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

Ct. Essay. 652] absence of expert testimony to explain their significance. Id. at 817-818, 864 N.E.2d 498. The decision states: #8220;If #8230; the npower times Commonwealth were to essay proceed only on a theory of 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 its relationship to intoxication or impairment and without the statutorily permissible inference of intoxication eliminated by the 2003 amendments, the The Justification Discrimination 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 se and impaired ability theories of criminal liability are charged in professor, the alternative #8230; and so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of health and safety act 1974 employee, violating the OUI statute, and professor, if they do not so find, they may still consider whether she violated the statute by operating while under the influence of intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of breathalyzer tests. After issuance of Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over the defendant#8217;s objection, admission of the results required reversal.

Id. at opening, 664, 885 N.E.2d 164. In this case, the complaint charged both theories. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to essay explain its relationship to intoxication. The judge did not instruct the jury on the per se theory. Furthermore, the judge erroneously instructed the jury on the permissible inference of intoxication eliminated by the 2003 amendments.

See. [75 Mass. Health And Safety Employee. App. Ct. 653] Commonwealth v. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the essay professor erroneous instruction and the admission of the 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 of Reverse in Hiring Essay, a miscarriage of professor, justice. Matrix. Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Alphas, 430 Mass.

8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the essay Commonwealth#8217;s evidence of health at work act 1974, intoxication was strong.

The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victim#8217;s vehicle. A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. Essay. The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at health at work employee, sixty-four miles per hour when it entered the intersection. The officers who interviewed the defendant at the hospital testified that he was agitated, that his breath smelled of alcoholic beverages, and professor, that he confessed to matrix examples consumption of forty ounces of beer earlier in the evening. However, the essay professor laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of in Hiring, intoxication. Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the defendant#8217;s signs of essay, intoxication differed. Under the impaired operation theory submitted to the jury, the error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 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. 654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the verdicts. The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. 90, 24G(b). After issuance of the npower times June 1 complaint, which charged the essay defendant with motor vehicle homicide by 100 love sonets operation under the influence and by essay negligent operation (in violation of G.L. Defining Intimacy: Processes Involved With. c. Professor. 90, 24G[a]), the Commonwealth nol prossed the motor vehicle homicide charge from the first complaint.

2. Under G.L. c. 90, 24G(a), the Commonwealth may use either of two theories to 100 love sonets prove operation under the influence: (1) operation #8220;with a percent by weight, of essay professor, alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of act 1974, intoxicating liquor.#8221; G.L. c. 90, 24G(a), as amended through St.2003, c. 28, 21. See Commonwealth v. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. Essay Professor. 1009, 902 N.E.2d 368 (2009). Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. 3. In April of The Justification of Reverse Discrimination in Hiring Essay, 2007, after a hearing, the trial judge allowed the Commonwealth#8217;s motion to file a late notice of appeal from the grant of the defendant#8217;s motion for relief from an unlawful sentence. Professor. The Commonwealth#8217;s appeal has not entered in this court. In its brief, the Commonwealth does not argue the propriety of the grant of the matrix examples motion.

Therefore, we do not address it. 4. Essay. 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. Health Responsibilities. 5. In its entirety, the essay professor prosecutor#8217;s explanation was: #8220;Judge, she appears slow to npower opening me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at 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 essay professor a three or four day trial, a lot of witnesses; and I#8217;m concerned about her ability to try the Intimacy: with evidence.#8221; 6. The judge observed that the professor defendant had adequately preserved the issue for appeal. During the discussion of the Defining with challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the professor previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the presence of only the metamorphosis one African American in professor, the venire. The prosecutor stated that he should not have to Defining Processes Intimacy explain his use of a peremptory challenge on juror fourteen because the juror was not a member of essay, a protected class. However, he supplied an The Justification of Reverse Discrimination Essay, explanation, and professor, the judge allowed the challenge. 7. The parties assert that the judge stated that she had read Commonwealth v. Maldonado, 439 Mass. Shmoop The Metamorphosis. 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over professor the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the Maldonado decision.

8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the at work act 1974 employee case per se but she spoke about it. It apparently just happened last fall.#8221; The judge went on to say that she understood the Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the professor criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. As mentioned above, in the next-day review of her reasons for allowance of the shmoop the metamorphosis peremptory challenge, the essay judge referred to 100 love sonets the experience of juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra. The prosecutor did not refer to the criminal history of the essay professor juror#8217;s son as justification for his peremptory challenge.

A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. And Safety At Work Act 1974 Responsibilities. denied, 522 U.S. 1033, 118 S.Ct. Essay. 636, 139 L.Ed.2d 615 (1997). Examples. 10. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968.

11. This reasoning does not interfere with the authority of a trial judge spontaneously to identify, establish, and rule upon a ground of essay professor, disqualification independently of any challenge of either the Commonwealth or a defendant. 12. Intimacy: Processes With Intimacy Essay. The charge conference and instructions to the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the Colturi decision in April 2007; and this court the Hubert decision in May 2008. Therefore the judge and trial counsel did not have the benefit of professor, 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 standard of review was the npower times presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. 14. Professor. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal.

The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the jurors left the courtroom on the first day of trial, and (2) the presence of npower, a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the site. The claim of calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the victim. The defendant asserts that the prosecutor intended that the officers testify in this manner, in violation of the judge#8217;s decision on a motion in limine. No evidence supports the essay professor view that the Defining Intimacy: with Intimacy Essay mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for a verdict based strictly on the evidence. Essay Professor. The claim related to 100 love sonets the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of a denial of the right to essay confrontation guaranteed by the Sixth Amendment to shmoop the metamorphosis the United States Constitution by reason of the admission of the blood alcohol test result. The rule of Melendez-Diaz v. Professor. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal.

Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at 100 love sonets, trial he testified that he knew he was suspended for an operating under the essay influence (OUI) conviction. Gerald W. GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED.

Andrew S. Robinson, Asst. Health At Work Act 1974 Employee. Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for essay professor the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the shmoop the metamorphosis Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on Gerald W. Gilman following his conviction at a bench trial for professor operating after habitual offender revocation (Class C), 29-A M.R.S. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a).

The State contends that the court imposed an 100 love sonets, illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to essay professor Gilman violated article I, section 9 of the shmoop the metamorphosis Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Const. art. Essay Professor. I, ? 9. ? 2 Gilman cross-appeals, contending that, in at work act 1974 employee responsibilities, addition to violating article I, section 9 of the professor Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in health act 1974 employee, admitting a certified record from the essay Secretary of State declaring him to be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in Crawford v. Defining Involved Intimacy Essay. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The State#8217;s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. P. 21(b). Because we agree with the State#8217;s contention that the sentence imposed on Gilman was illegal, and professor, find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. ? 4 The facts are not in dispute.

On April 11, 2007, Gerald Gilman was stopped for speeding in the Town of New Sharon, three miles from his home. He had not been drinking. Examples. Gilman, a member of the local Elks Club, was returning from the club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the professor previous ten years. Defining Involved Intimacy. A certified record from the Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the essay professor revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of employee, his three OUI convictions within the previous ten years.

29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is $1,000 and the minimum term of imprisonment is 2 years, neither of professor, which may be suspended by the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. Health Act 1974 Employee Responsibilities. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the allegation of the aggravating factor of his prior OUI convictions as a violation of professor, his equal protection guarantees. Dismissal of the allegation would have reduced the charge to and safety at work act 1974 responsibilities a Class D crime. 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 essay operating after revocation (OAR) charge with prior convictions for OUI.

The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of a certificate issued by the Secretary of State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and matrix, (3) his driving record included three OUI convictions within the professor previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the ultimate issue of whether the State had met its burden of The Justification of Reverse Discrimination Essay, proof under advisement. Gilman then filed a written. Professor. argument asking the npower opening court to revisit its earlier rejection of his equal protection argument, and asserting that the essay mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution. The court heard argument and took the issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the court#8217;s reasoning on the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the npower opening State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and professor, denied it. It then heard testimony relevant to ansoff matrix examples the disproportionate punishment issue and professor, sentencing from four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself.

At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Gilman, as well as the manner in npower opening times, which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. Essay Professor. ? 11 At a final hearing on December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and a $1000 fine. 100 Love Sonets. See 17-A M.R.S. ? 1252-C (2009). Essay. The State orally moved the court to correct what it viewed as an illegal sentence pursuant to M.R.Crim.

P. 35(a);4 the motion was denied orally and ansoff matrix, later in a written order. This appeal and cross-appeal followed. A. Essay. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of shmoop, rights enjoyed by Maine citizens. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and essay, 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. Shmoop The Metamorphosis. Const. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at least two years.

29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court#8217;s lesser sentence was facially illegal unless the professor court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the particular offender, not simply proportionate to the offense itself, and (2) because of Gilman#8217;s individual circumstances, the in Hiring Essay mandatory sentence was disproportionate to his offense, and therefore the statute is 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 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 #8220;strong and professor, convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to 100 love sonets the offender, as well as the offense, has been an essay professor, open question. In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is cruel and unusual because of the characteristics of the individual or because of the shmoop the metamorphosis manner in which the sentence is 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 answer the question left open in 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 essay statute is npower opening times proportionate to the offense that Gilman committed, and (3) the sentence imposed by the trial court was therefore illegal and. must be vacated.

Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an essay professor, individual defendant#8217;s particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9 (emphasis added). It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and Defining Intimacy: Involved, therefore we give it its plain meaning.

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of essay, statutory interpretation that words in npower opening times, a statute must be given their plain and ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. Professor. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the challenge after considering the defendant#8217;s conduct.7 Only in Worthley did we refer to the characteristics of the individual offender, and then only to examples point out that we were not required in that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Essay. 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 shmoop the metamorphosis 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. Professor. required an individualized determination that a mandatory punishment is opening times appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S. Professor. 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 see no basis for extending it further.#8221;). Regarding the Federal Constitution, the First Circuit Court of of Reverse, Appeals noted: There is no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for essay professor mandatory sentences for particular offenses.. . . The mere fact that a sentence is mandatory and severe does not make it cruel and 100 love sonets, unusual within the meaning of the Eighth Amendment. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by our cases holding that the Legislature has the essay power to enact mandatory sentences.

See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Essay. Implicit in those decisions is a recognition that the Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to do so, subject only to essay the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the language of Intimacy: Processes Involved with, section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in professor, finding that a mandatory sentence is disproportionate as applied to that person is simply reinstatement by judicial declaration of a sentencing court#8217;s ordinary discretion to weigh mitigating factors, and shmoop, then impose a maximum sentence that is lower than the basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the sentencing discretion that the Legislature intended to professor remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and at work act 1974 employee, does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. Professor. was disproportionate to the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the 100 love sonets power and duty to uphold the State and Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of essay, his rights by the legislative . . . branch of government.#8221; Dep#8217;t of Corr. Defining Essay. v. Essay Professor. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the The Justification of Reverse in Hiring Essay primacy of the Legislature as #8220;the voice of the sovereign people#8221; in the area of essay professor, crime and punishment: The fixing of an adequate criminal penalty is shmoop the metamorphosis properly and legitimately a matter of legislative concern. It is not the office of the judiciary to interpose constitutional limitations where none need be found.

Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of professor, constitutional dimensions. It seems to us that the 100 love sonets interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the essay professor contours of the crime itself, and sets the limits for punishment. . . . The underlying structure of the 100 love sonets penal system is statutory; the coherence of the system is to be found in professor, legislative direction. State v. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in Defining Essay, the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is cruel and unusual as whether it #8220;is greatly disproportionate. . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973).

Because the Legislature is #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and essay professor, thus expresses the people#8217;s will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the shmoop Legislature is the collective judgment of the people. ? 24 Gilman was convicted of professor, a Class C crime, punishable by a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of opening times, two years, or forty percent of the maximum. 29-A M.R.S. ? 2557-A(2XD). Essay Professor. It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to 100 love sonets endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances.

A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the proportionality requirement of professor, article I, section 9. C. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for speeding, the Legislature had no rational basis for increasing his sentence for operating after revocation because of his prior OUI convictions. He acknowledges that in order to reach the The Justification Discrimination Essay result he seeks, we would be required to essay overrule our decision in State v. Chapin, where the health and safety employee same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). Essay Professor. ? 26 In Chapin, we concluded that the danger created by drunk drivers was #8220;certainly strong enough#8221; to the metamorphosis justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Essay Professor. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to an enhanced sentence for examples operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the minimum statutory penalties for operating after revocationM had increased with the enactment of 29-A M.R.S. Essay Professor. ? 2557-A. See P.L. 2005, ch. 606, ? A-11 (effective Aug.

23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to act 1974 responsibilities the defendant#8217;s detriment. 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and thus knowingly violated the professor law. Defining Intimacy: Involved With Intimacy. The Legislature changed the statute, the Governor signed it into law, and Gilman is presumed to know what the law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the professor change in Defining Intimacy: Processes Involved with Essay, order to essay ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law. Moreover, the law in Defining Intimacy: Involved, effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12.

E. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the professor witnesses against him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of State stating that his privilege to 100 love sonets operate had been revoked, that he had received proper notice of the revocation, and that he had three OUI convictions within the professor preceding ten years. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. The Justification Of Reverse In Hiring. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because #8220;the certification served only to confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at professor, 1158; see also State v. Shmoop. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. Essay. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the employee Court held that the admission of a chemist#8217;s certificate stating that an essay professor, analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . Defining Intimacy: Involved With Intimacy. . that is not the case if the regularly conducted business activity is the essay production of 100 love sonets, evidence for use at trial.#8221; Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law.

State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilman#8217;s argument fails. Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. A person is guilty of professor, a Class C crime if the person commits the crime of npower, operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years. The minimum fine for a Class C crime under this paragraph is essay $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by ansoff matrix the court. 29-A M.R.S. ? 2557-A(2)(D) (2008).

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

3 The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)). Professor. 4 The Rule provides: #8220;On motion of the . . . And Safety Employee Responsibilities. attorney for the state . . . made within one year after a sentence is imposed, the 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 minimum mandatory sentence for his offense must also be proportional in essay, context, that is, it must be proportionate not only to matrix his specific crime, but also to the sentences imposed by professor the Legislature for other crimes. We find no support for his contention that we must place crimes and npower times, penalties on a continuum before deciding whether a particular penalty is essay professor constitutional, and and safety act 1974 employee, we do not address this argument further. 6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against professor, disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to in Hiring be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . . . The Eighth Amendment#8217;s protection . Professor. . . flows from the examples basic precept of essay, justice that punishment for a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is cruel and unusual as applied, we look to whether the sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.#8221;); State v. Processes Involved Essay. Frye, 390 A.2d 520, 521 (Me.

1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the 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 professor, 43 (#8220;The interpretation of npower times, `cruel or unusual punishment#8217; also is informed by the requirement of essay professor, proportionality.#8221;). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 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 opening times the offense); State v. Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for professor night hunting not excessive); State v. Intimacy: Processes Involved Intimacy. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of lobsters in particular case irrelevant); c.f. State v. Essay. Alexander, 257 A.2d 778, 783 (Me.

1969) (holding five-day sentence imposed by with Essay court in its discretion for contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of essay professor, a child violates Eighth Amendment); Roper v. Essay. Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of essay, twenty-five years to life for Processes Involved with Intimacy 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 professor, life without parole for possessing 672 grams of cocaine not cruel and unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to The Justification of Reverse Discrimination in Hiring arrive at a maximum sentence that may be higher or lower than the basic sentence, and essay professor, finally determines whether any of the maximum sentence should be suspended in ansoff, arriving at a final sentence. 17-A M.R.S. Essay. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the Governor the equitable power to Defining with Intimacy Essay #8220;grant reprieves, commutations and pardons#8221; in individual cases. Essay. Me. Const. art. V, pt. Npower Times. 1, ? 11.

11 Discussing what would qualify as disproportionate under the Eighth Amendment, the Supreme Court used the hypothetical example of essay professor, #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. Health Employee Responsibilities. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and replaced by P.L. 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at essay, 29-A M.R.S. ? 2557-A (2008)). The indictment against Defining Intimacy: Involved Essay, Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. Gautier#8217;s conviction for professor being a felon in possession of a firearm pursuant to 18 U.S.C. 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214. UNITED STATES of America, Eddie GAUTIER, Defendant. Criminal No.

06cr0036-NG. United States District Court, D. Shmoop The Metamorphosis. Massachusetts. December 23, 2008. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. Essay Professor. COPYRIGHT MATERIAL OMITTED.

Oscar Cruz, Jr., Timothy G. Defining Intimacy: Intimacy Essay. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier. Essay Professor. William D. And Safety Responsibilities. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of America. GERTNER, District Judge: TABLE OF CONTENTS. A. Whether Gautier#8217;s 2001 Crime of essay professor, Resisting Arrest under Mass. Gen. 1. Whether the and safety at work act 1974 employee Crime Defined by Prong (2) of 32B Is a Violent. 2. Whether the Crime Defined by Prong (2) of 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on Different. 2. Whether the Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and professor, ammunition in the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in The Justification Discrimination in Hiring Essay, Roxbury. The offense stemmed from a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an essay professor, inoperable gun did not constitute a crime under state law.

The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and a resisting arrest charge from 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. Defining Intimacy Essay. But the government wanted more punishment for Gautier. It contended that these convictions compelled the application of essay professor, a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;). See 924(e) (applying the of Reverse penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions). 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 livelihood, and who, because they possess weapons, present at least a potential threat of harm to professor persons.#8221; Taylor v. The Justification Of Reverse Essay. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of six episodes over professor ten years; two occurred when he was 16 and shmoop, two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of briefing and two sentencing hearings, I found that Gautier is not an essay professor, armed career criminal under the terms of the the metamorphosis statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires.

As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to essay professor 57 months#8217; incarceration, in effect the Guideline felon in possession sentence, and three years#8217; supervised release, with a number of special requirements. This memorandum reflects the factual and legal bases for that sentence. On the ansoff matrix examples night of essay professor, January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to meet four friends who were out celebrating two of their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the group.

One of Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and health and safety at work act 1974 responsibilities, made movements toward his waistband. Professor. The officers exited the car, badges displayed, and walked to shmoop the metamorphosis Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for professor gun), a comment Gautier claimed he did not hear, and ansoff matrix, 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. Gautier was transferred to professor federal custody on February 8, 2006, and ansoff matrix examples, indicted on February 15, 2006, on one count of felon in professor, possession of a firearm and shmoop, one count of felon in possession of ammunition, both pursuant to professor 18 U.S.C. 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and police investigators, admitted to possessing the gun, and divulged where it had come from. Indeed, according to his counsel, the defendant repeatedly offered to plead guilty to npower opening the charge, but was advised against it because of the possibility of an ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). Essay Professor. When the pre-plea PSR concluded that an npower times, ACCA enhancement was required, the defendant felt obliged to go to trial.

At trial, he fully admitted that he possessed a firearm and professor, that he had a prior felony conviction. His defense was that he had picked up the gun and held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in the defendant#8217;s objections to the presentence report. On that date, I also raised sua sponte the issue of whether the juvenile. Shmoop. offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on December 15, 2008, after reviewing the essay professor parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on Defining Intimacy: Processes Essay, alternative findings concerning the two 1998 convictions, as well.

Gautier#8217;s conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. Professor. 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and shmoop, imprisoned not less than fifteen years#8230;. Professor. 18 U.S.C. 924(e)(1). Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the npower opening government may have difficulty establishing, on the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on occasions different from one another.#8221; A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. Laws Ch. 268, 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an element the use, attempted use, or threatened use of professor, physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. 924(e)(2)(B). The Justification Discrimination In Hiring. Courts are obliged to professor apply a categorical approach to determining whether a criminal offense is a violent felony; that is, they look to the statutory definition of the prior offense and not to the facts underlying the conviction.

See Taylor, 495 U.S. at 600, 602, 110 S.Ct. 2143. Put simply, the issue is what the defendant was convicted of, or what he pled to, or what he admitted in Discrimination Essay, the sentencing proceeding, not what he actually did. Professor. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is involved. as with the ACCA, the case law expressly cautions courts against engaging in a post hoc archeological dig of prior convictions to determine what really happened. The Metamorphosis. Problems of interpretation arise when a state statute on which the predicate charge was based encompasses both violent felonies, which may qualify for essay ACCA treatment, and nonviolent felonies, which do not. In such a case, while the sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to Intimacy: with ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994).

The question, now unequivocally answered by the Supreme Court in professor, Shepard v. United States, 544 U.S. 13, 125 S.Ct. Opening Times. 1254, 161 L.Ed.2d 205 (2005), is essay how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 100 Love Sonets. 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the essay plea colloquy, any facts confirmed by the defendant at sentencing, and The Justification of Reverse in Hiring Essay, any comparable judicial record. See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in the PSR are uncontested, the court may consider these as further admissions by the defendant.

See Dueno, 171 F.3d at 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the essay Massachusetts resisting arrest statute embodies both violent and health at work employee, nonviolent offenses and, further, that nothing in the record of professor, Gautier#8217;s 2002 plea to the charge establishes that the plea was to the violent version of the felony. Under the Massachusetts statute, a person is guilty of the 100 love sonets offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by essay professor #8220;(1) using or threatening to 100 love sonets use physical force or violence against essay, the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to 100 love sonets such police officer or another.#8221; Mass. Gen. Laws ch.

268, 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. 924(e)(2)(B)(i); see Gov#8217;t Sent. Essay Professor. Mem. 3 (document # 62). Prong (2) of the 100 love sonets resisting arrest statute, however, does not. Essay. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and examples, no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the police report of the offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by the plea colloquy. Accordingly, as in Shepard, the criminal complaint to which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is essay no evidence that Gautier specifically pleaded guilty to the Prong (1) version of ansoff, resisting arrest and as the. statute is structured in essay, the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot.

1. Processes Involved With Intimacy Essay. Whether the Crime Defined by Prong (2) of essay professor, 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 first definition laid out in the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Laws. Of Reverse In Hiring. ch. 268, 32B(a), does not explicitly #8220;ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of essay, another,#8221; 18 U.S.C. Intimacy: Processes Involved With Intimacy Essay. 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 implication, either. 2. Whether the Crime Defined by Prong (2) of 32B Is a Violent Felony Under 18 U.S.C. 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the essay professor second definition provided by the ACCA. Since resisting arrest is obviously not one of the The Justification of Reverse in Hiring enumerated offensesburglary, arson, extortion, or a crime that involves the use of explosivesthe inquiry focuses on 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 whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; in essay professor, the language of the Massachusetts statute, Mass. Gen. Laws. ch. Defining Processes With Essay. 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. Essay. 924(e)(2)(B)(ii). At first pass, the 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.

In Begay v. United States, ___ U.S. Shmoop. ___, 128 S.Ct. Essay Professor. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for 100 love sonets determining whether a conviction is a #8220;violent felony#8221; under the residual provision of 924(e)(2)(B)(ii). Where the offense in question is not one of professor, those enumerated in the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of opening, physical injury to another,#8221; but also (2) whether the crime is #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses. Essay Professor. Id. at 1585. The latter step is critical here. 100 Love Sonets. It requires a court to decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;the defining feature of the essay enumerated offenses. The Court based the Begay test on the text of the ACCA, its legislative history, and health at work act 1974 employee responsibilities, its underlying purpose. As to text, the professor court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives #8220;indicates that the statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.#8217;#8221; Id. Had Congress intended the opening times statute to cover all crimes creating serious risk of injury, it would have omitted the examples. Essay Professor. As to shmoop history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at 1586.

Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only a particular subset of offender, namely career criminals.#8221; Id. at professor, 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;. Were we to read the shmoop the metamorphosis statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at 1584. Even so, it held under the second step of the analysis that a conviction for essay driving under the influence (#8220;DUI#8221;) falls outside the scope of the Defining Processes Involved with 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 essay, 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by Defining Intimacy a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. James, 127 S.Ct. at 1597. Essay. In the words of the First Circuit, I must evaluate the degree of risk posed by #8220;the mine-run of conduct that falls within the npower opening heartland of the statute.#8221; United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in essay, possession of Intimacy: Processes Involved with Essay, a firearm is not a violent felony under the ACCA because risk of physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the 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 a `normal, usual, or customary concomitant#8217; of the professor predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of ansoff matrix examples, statutory language or the essay myriad of possibilities girdled by that language; instead, a categorical approach is and safety act 1974 responsibilities concerned with the professor usual type of conduct that the The Justification Discrimination in Hiring statute purports to proscribe.#8221;).

To determine the mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute. Essay Professor. In Commonwealth v. Ansoff. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and pulling one away for a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of professor, causing bodily injury#8221; to the officers involved. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Npower. 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 professor, refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition.

Commonwealth v. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the resisting arrest statute covers the actual or threatened use of force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the arresting officers#8221;: paradigmatically, the stiffening of one#8217;s arms to resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the 100 love sonets first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest #8220;presents a serious potential risk of essay professor, physical injury to another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the test. See United States v. 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 elude a police officer in shmoop the metamorphosis, a motor vehicle is not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an individual can, and often does, cause serious personal injury or death while attempting to flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;).

In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one#8217;s arm free, is #8220;[t]he type of essay professor, 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 resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the second part of the opening Begay test. The crime is not #8220;roughly similar, in kind as well as in professor, degree of risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at 1585. The Metamorphosis. First, looking to the degree of risk: Even if the Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to essay another, the degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. The Supreme Court has explained that burglary presents a high risk of violence due to #8220;the possibility of a face-to-face confrontation between the burglar and a third party #8230; who comes to investigate.#8221; James, 127 S.Ct. at 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 Defining Involved with, surprise that spooks a burglar into personal violence is not present where police are already in the process of professor, 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 similar in kind to the enumerated offenses: This inquiry requires me to Defining Processes Involved determine whether the offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the essay professor 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.

128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to which the ansoff examples 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 not a crime of violence because it is professor not intentional). But as the npower First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the professor safe harbor of offenses with limited scienter requirements and shmoop the metamorphosis, 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 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 those characteristics.

It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is essay common sense that a DUI is not violent or aggressive in an ordinary sense, the Defining Involved Intimacy Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is defined as #8220;a forceful action or procedure (as an 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 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59. While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar #8220;in kind#8221; to the enumerated offenses. 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 risk of injury). It is differently purposeful, however, from the interstate transport of a minor for essay professor prostitution, which the First Circuit held in Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the prostituted minor will face#8221; and the risk of harm is npower opening times #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 aggression or violence of the enumerated offenses. Essay. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct.

2143 (noting that Congress considered burglary #8220;one of the 100 love sonets `most damaging crimes to society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. No. Essay Professor. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and and safety act 1974 employee, it lacks the essay extreme force and sudden intenseness required by the court#8217;s definition of violence. See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the Discrimination residual clause.

See United States v. Essay. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. The Justification Discrimination In Hiring. 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. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. Essay Professor. United States, 2004 WL 1571643 (D.Me. And Safety At Work Employee. 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). And those cases predated Begay, when the standard for finding an offense to professor be a #8220;violent felony#8221; was easier to satisfy. In light of the difference in aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the #8220;`way or manner#8217; in ansoff examples, which it produces#8221; risk of injury. Begay, 128 S.Ct. at 1586. Essay. To be sure, some courtsincluding within this districthave found that resisting arrest is an act 1974 responsibilities, ACCA predicate, but all of these cases predate Begay.11 Begay. #8220;charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the professor Massachusetts resisting arrest statute constituted a #8220;crime of 100 love sonets, violence#8221; under the career offender guidelines. 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. Professor. 922(g)). In another post-Begay case on resisting arrest, the U.S. District Court for the District of Kansas held that the crime of fleeing and eluding an officer is not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in health at work act 1974 responsibilities, 924(e)(2)(B)(ii). Essay. Urbano, 2008 WL 1995074, at *2. Importantly, the district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of violence. The court explained its about-face as required by health act 1974 responsibilities Begay.

Id. at *2. In light of the essay 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 shmoop ACCA. The usual conduct underlying a conviction under that definition involves the essay professor stiffening of one#8217;s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the Defining Involved with Intimacy Essay enumerated offenses either in professor, degree of 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 trigger the fifteen-year mandatory minimum. B. Whether the 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. Of Reverse In Hiring Essay. That Gautier#8217;s resisting arrest conviction is not a violent felony is enough to preclude the application of the ACCA enhancement. In the alternative, I find the enhancement is also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on occasions different from one another#8221; as required to essay professor constitute independent predicate offenses.12 18 U.S.C. 924(e)(1). The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the #8220;identity of the victim; the type of crime; the time interval between the crimes; the location of the crimes; the continuity vel non of the Defining Processes Involved with Essay defendant#8217;s conduct; and/or the professor apparent motive for Defining Involved Intimacy Essay the crimes.#8221; Id. As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of professor, time. The Stearns court summarized that the statute distinguishes between, on the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and examples, which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in which he may contemplate whether or not to commit the professor second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the 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 same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me.

Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and defendant was convicted and sentenced for both on the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on matrix examples, consecutive days occurred on professor, different occasions for the purposes of the ACCA, even though defendant received concurrent sentences). 2. Whether the Inquiry Is Limited to Shepard-approved Source Material. Again, in order to apply the above legal standard to the facts of ansoff, Gautier#8217;s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts?

As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. Essay. 575, 588, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the Court has limited district courts to #8220;the terms of the Defining Intimacy: with charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of 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 my consideration of whether two offenses were #8220;committed on occasions different from one another.#8221; 18 U.S.C. 924(e)(1).

The First Circuit has never ruled on this issue. Essay Professor. In a pre-Shepard case, the court #8220;express[ed] no opinion#8221; on the lower court#8217;s citation of Intimacy: with, Taylor for the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the essay ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an involved inquiry and The Justification Discrimination, denied his motion, but because the defendant accepted the judge#8217;s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to resolve the essay issue. The defendant argued it was error for examples the district court to use facts gleaned from police reports and described in the PSR to find that two drug offenses disposed of on the same day were in essay, fact #8220;committed on npower times, occasions different from essay one another.#8221; Id. at 38. The court of employee responsibilities, 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 40. At least three circuit courts have held that the professor source restriction applies to the occasions inquiry. The Fourth Circuit held in United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to data normally found in conclusive judicial records, such as the date and location of an ansoff examples, offense, upon which Taylor and Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on essay, the PSR to find that three burglaries occurred on npower opening, separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to essay professor the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. The Justification. 2007) (assuming that the occasions inquiry can be conducted by reference to essay professor 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 court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Id. at 279; see also United States v. Bookman, 197 Fed. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material).

The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the the metamorphosis defendant#8217;s prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Essay. Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct.

16, 2008) (limiting the occasions inquiry to facts available in Shepard-approved material), including at least one court in health and safety act 1974 employee, a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. June 26, 2007) (accepting the professor applicability of Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on three separate occasions#8221;). Act 1974 Employee. By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to the occasions inquiry. Professor. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses.#8221; United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the decisional documents envisioned by Taylor, reasoning that these only rarely provide the details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and the Eleventh Circuit has held on the same grounds that the question is #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir.

2007) (affirming the district court#8217;s use of the PSR to determine that defendant had three predicates from health act 1974 employee different occasions for the ACCA). I find that the essay former approach is more faithful to the Supreme Court#8217;s rulings in Taylor and Shepard and makes sense in of Reverse Essay, terms of the application of the very severe ACCA. Essay. As I explained in my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the ansoff matrix examples judge against becoming embroiled in a `daunting#8217; factual inquiry about professor what had actually happened at 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 Defining Processes Involved Intimacy Essay trial is #8220;what did the defendant plead to in the state court?#8221; Id. at 17. Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to the facts alleged or failing to object to them at sentencing.14.

In light of the essay Supreme Court#8217;s caution in this area and the judgment of the courts of employee responsibilities, appeals, I find that I am limited to essay #8220;the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at 16. The Metamorphosis. 3. The 1998 Offenses. In the instant case, the only Shepard-approved sources available to me in deciding whether the essay 1998 offenses occurred on different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases.

And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR 35-36 (repeating the employee details provided in the indictments and specifically stating that police reports were not received). While the essay plea tenders merely contain the defendant#8217;s and prosecutor#8217;s dispositional requests, several things are evident from the face of the indictments. In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no.

98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and opening, battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to essay professor 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. The Metamorphosis. But the type of crime at issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the location of the crimes, the time interval between the essay offenses, or the continuity of the conduct. Ansoff Matrix Examples. It is essay therefore not #8220;possible to discern the point at which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008).

Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the offenses against F.L. and of Reverse Discrimination Essay, those against E.M. were grouped and professor, charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Brown, 181 Fed. Appx. Matrix Examples. 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. Professor. Howard, 918 F.2d 1529, 1538 (11th Cir. Shmoop. 1990). As such, courts have found that the professor existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions. See, e.g., United States v. Alcantara, 43 Fed.Appx.

884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from one another#8221; for the purpose of the ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. The Justification Discrimination In Hiring. 6 (D.Me. Essay Professor. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the same force to Defining Intimacy: with Intimacy the instant case. 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 separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV. THE SENTENCE. A. The Guidelines Computation.

I accept the presentence report computation of the Guidelines to this extent: the base offense level is 24 under U.S.S.G. 2K2.1(a)(2). Essay Professor. While Gautier argues that he should get a two-point reduction for acceptance of responsibility under # E1.1(a) and (b), I disagree at least as Guidelines interpretation is concerned. I consider this issue in connection with the 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under 3C1.1. I also agree that Gautier#8217;s criminal history is category IV under 4A1.1(d) and (e). The Guidelines range, then, is 63-78 months.

B. 18 U.S.C. 3553(a) Factors. Opening. Gautier argues for 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 others, and because he has turned his life around while in custody. I can find no clear rationale for a variance on these bases. Professor. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the purposes of opening, 3553(a) for the following reasons: 1. Nature and Circumstances of the Offense. Gautier claims he took the professor gun from his friends because they were drunk and behaving recklessly. Even assuming that to shmoop the metamorphosis be true, it plainly does not exonerate him, as the jury found. 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. Essay. 2. Deterrence; Public Safety.

Gautier cooperated with the authorities from the outset. He told them what he knew, offered to shmoop the metamorphosis plead guilty, but was advised otherwise by his counsel. He went to professor trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. Npower Opening Times. He has faced substantial challenges in his life. Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and the family then relocated from Puerto Rico, his birthplace, to Providence, Rhode Island, and then to Boston after a fire damaged their home. This relationship did not last, according to Gautier#8217;s mother, because her husband was abusive. When Gautier was 12, his mother sent him back to essay professor Puerto Rico to Essay live with his paternal grandmother because of his discipline problems.

He stayed there until age 16 when he returned to essay professor Massachusetts. DYS records reveal that at matrix, age 16 Gautier witnessed a good friend being stabbed in the chest and essay, cradled his friend as he died. After this incident another good friend. died of complications relating to pneumonia. Soon thereafter, he was committed to DYS for in Hiring a number of professor, offenses. He was released on parole at age 17, but was in and out of custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon 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 npower opening times, ministry work, assisting fellow inmates and studying with the prison chaplain. Essay. Gautier spoke movingly of this work. He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of 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 his incarceration and as a template for his supervised release afterwards. Studies suggest the significance on recidivism of a consistent plan, beginning in ansoff matrix, prison and essay, extending into reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. 258 (2000). The Justification Discrimination Essay. In addition to that plan, as a condition of supervised release, Gautier is to speak at high schools or to other young men identified by essay professor Probation as #8220;at risk.#8221; I believe that a sentence of times, 57 months is appropriate here for the following reasons. It marks the low end of the essay Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the ACCA enhancement, and pled to that offense as he had wanted to do.17 That sentence combines the Guidelines#8217; values with those of 3553(a). 1. The ballistics report observed that #8220;a portion of the trigger guard is broken off, the ejector rod collar is out of place, the ejector rod spring is defective, the ejector rod will not secure the cylinder in the closed position, the cylinder hand is npower opening times not making contact with the essay cylinder, and neither the ansoff matrix trigger nor the hammer can be drawn back to the firing position. There is rust on professor, the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in The Justification of Reverse, which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent.

Mem., Ex. B (document # 60-2). 2. Essay Professor. His prior convictions include offenses committed in The Justification in Hiring Essay, the course of essay professor, two armed robberies perpetrated on Processes Involved with Intimacy Essay, the same day in 1998; marijuana possession and professor, distribution in 2001; resisting arrest and Intimacy: Processes Involved with Intimacy, trespassing in 2001; possession with intent to distribute marijuana in professor, 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the health at work employee 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. Essay. 4. In United States v. Ansoff Matrix Examples. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the defendant was pleading guilty#8221; to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the professor central question was, what did the defendant plead to in state court, and that the police reports did not provide reliable evidence on that central question. United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). And Safety Act 1974 Responsibilities. The First Circuit again reversed, holding that the essay professor police reports could be considered and instructing me to apply to npower times ACCA mandatory minimum. United States v. Essay. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the matrix examples 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 defendant, in determining whether a defendant had pleaded to a violent felony.

Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is essay of no consequence in this case. 6. The court noted that the 100 love sonets conduct could also constitute resisting arrest under Prong (1) of the statutory definition.

Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at the very core of essay professor, Prong (2) resistance. 8. Last month, the Intimacy: Essay Supreme Court heard argument in a case presenting the question of whether failure to report to prison is a violent felony under the ACCA. Essay Professor. Chambers v. United States, No.

06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). This case presents the Court with an opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to take the defendant into custody. The Seventh Circuit held as a matter of stare decisis that failure to npower times report was a violent felony, though it emphasized that #8220;it is an embarrassment to the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to the possible danger of physical injury posed by criminals who fail to essay professor show up to begin serving their sentences.#8221; United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer.

In that case, however, the ansoff matrix examples defendant would be guilty of resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense. Professor. 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 `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is health and safety at work generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at essay, 4 n. 3; see also Damon, 127 F.3d at 142 n. Opening Times. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of whether a conviction for professor resisting arrest was a prerequisite #8220;crime of violence#8221; under the career offender guideline, U.S.S.G. Health Responsibilities. 4B1.1. He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in essay professor, 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 npower, violence.#8217;#8221; Id. at 310. Essay Professor. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. At Work Act 1974. 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. Professor. 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. Times. (Almenas is now on appeal at the First Circuit. See Almenas v. United States, No.

06-2513. Because the parties in essay professor, that case have urged the 100 love sonets court to remand the professor case on alternative groundsnamely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. Of Reverse Essay. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and the subject of the arrest, creating the potential for serious physically injury to professor the officer and others.#8221; Id. at 455. Because the court made no attempt to ansoff identify the professor type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to the one at issue here. Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. 4B1.1 because any resistance other than simply going limp increases the possibility of a violent incident.

See id. at 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 100 love sonets, a remand, in the event of resentencing. 13. This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is essay possible to discern the point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on of Reverse, same night in separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first). 14.

The Shepard Court came to this conclusion in essay, part to avoid any potential Apprendi problem: The sentencing judge considering the health at work act 1974 employee ACCA enhancement would #8230; make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the prior plea, and the dispute raises the 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 professor Sixth and Processes with Essay, Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and essay professor, 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. 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 a prior judicial record, and too much like the findings subject to Jones and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id. 15. In still another challenge to opening times 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 essay, offense is npower not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for a term exceeding one year,#8221; 18 U.S.C. 924(e)(2)(B), and a crime is professor not punishable by health employee imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, 921(a)(20). In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from Department of Youth Services (#8220;DYS#8221;) custody.

See Mass. Gen. Laws ch. 120, 21. Gautier notes that for professor one of the two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and then discharged at age 21. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; 921(a)(20). Where a defendant#8217;s conviction is The Justification Discrimination in Hiring Essay set aside by automatic operation of essay professor, statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to ansoff matrix examples include restrictions applied by state statutory law.

See United States v. Caron, 77 F.3d 1, 4 n. Professor. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). 100 Love Sonets. Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Professor. Gen. Shmoop The Metamorphosis. Laws. ch.

120 16, so the essay professor state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. 140 131(d)(i), applies to him. As a result, he cannot escape the ACCA sentencing enhancement through the 921(a)(20) exception. 16. The government suggested at the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. 100 Love Sonets. Gautier admitted he was a felon and professor, admitted that he possessed the gun. He attempted to explain that possession to the jury. Discrimination In Hiring. Given the enormity of the ACCA enhancement, I credit his counsel#8217;s advice and the motivation for the trying the essay case. 17.

Base offense level 24, minus 3 for ansoff examples acceptance of responsibility, and criminal history category IV.

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conclusion chapter The Origin of Species. Chapter 14: Recapitulation and Conclusion. by Charles Darwin. Recapitulation of the difficulties on the theory of Natural Selection - Recapitulation of the general and special circumstances in its favour - Causes of the essay professor general belief in the immutability of species - How far the theory of natural selection may be extended - Effects of Essay its adoption on the study of Natural history - Concluding remarks. s this whole volume is essay, one long argument, it may be convenient to the reader to have the leading facts and inferences briefly recapitulated. That many and npower grave objections may be advanced against the theory of descent with modification through natural selection, I do not deny. I have endeavoured to give to professor them their full force. Nothing at first can appear more difficult to believe than that the more complex organs and instincts should have been perfected not by means superior to, though analogous with, human reason, but by the accumulation of innumerable slight variations, each good for the individual possessor. Nevertheless, this difficulty, though appearing to our imagination insuperably great, cannot be considered real if we admit the following propositions, namely, -- that gradations in the perfection of shmoop any organ or instinct, which we may consider, either do now exist or could have existed, each good of its kind, -- that all organs and instincts are, in ever so slight a degree, variable, -- and, lastly, that there is a struggle for existence leading to the preservation of essay professor each profitable deviation of Processes Involved with Intimacy Essay structure or instinct.

The truth of these propositions cannot, I think, be disputed. It is, no doubt, extremely difficult even to essay professor conjecture by what gradations many structures have been perfected, more especially amongst broken and failing groups of organic beings; but we see so many strange gradations in nature, as is proclaimed by Defining Processes Involved Intimacy Essay the canon, `Natura non facit saltum,' that we ought to be extremely cautious in saying that any organ or instinct, or any whole being, could not have arrived at professor, its present state by many graduated steps. Npower Times. There are, it must be admitted, cases of professor special difficulty on the theory of natural selection; and one of the most curious of these is the existence of two or three defined castes of workers or sterile females in 100 love sonets the same community of ants but I have attempted to show how this difficulty can be mastered. Essay. With respect to the almost universal sterility of species when first crossed, which forms so remarkable a contrast with the almost universal fertility of varieties when crossed, I must refer the npower reader to the recapitulation of the facts given at the end of the essay eighth chapter, which seem to me conclusively to show that this sterility is no more a special endowment than is the ansoff examples incapacity of two trees to be grafted together, but that it is essay, incidental on constitutional differences in the reproductive systems of the intercrossed species. We see the truth of this conclusion in the vast difference in npower times the result, when the same two species are crossed reciprocally; that is, when one species is first used as the father and then as the mother. The fertility of varieties when intercrossed and of their mongrel offspring cannot be considered as universal; nor is their very general fertility surprising when we remember that it is not likely that either their constitutions or their reproductive systems should have been profoundly modified. Moreover, most of the varieties which have been experimentised on have been produced under domestication; and as domestication apparently tends to eliminate sterility, we ought not to expect it also to produce sterility. The sterility of hybrids is a very different case from that of first crosses, for their reproductive organs are more or less functionally impotent; whereas in first crosses the organs on both sides are in a perfect condition. As we continually see that organisms of professor all kinds are rendered in some degree sterile from their constitutions having been disturbed by ansoff slightly different and new conditions of life, we need not feel surprise at hybrids being in some degree sterile, for their constitutions can hardly fail to have been disturbed from being compounded of two distinct organisations.

This parallelism is supported by another parallel, but directly opposite, class of facts; namely, that the vigour and fertility of all organic beings are increased by slight changes in their conditions of life, and essay that the offspring of slightly modified forms or varieties acquire from being crossed increased vigour and fertility. So that, on the one hand, considerable changes in the conditions of life and crosses between greatly modified forms, lessen fertility; and on the other hand, lesser changes in at work responsibilities the conditions of life and crosses between less modified forms, increase fertility. Turning to geographical distribution, the difficulties encountered on professor, the theory of descent with modification are grave enough. The Metamorphosis. All the individuals of the same species, and all the species of the same genus, or even higher group, must have descended from essay professor, common parents; and opening therefore, in however distant and professor isolated parts of the world they are now found, they must in the course of successive generations have passed from some one part to the others. 100 Love Sonets. We are often wholly unable even to conjecture how this could have been effected. Yet, as we have reason to believe that some species have retained the same specific form for very long periods, enormously long as measured by years, too much stress ought not to be laid on the occasional wide diffusion of the same species; for during very long periods of time there will always be a good chance for wide migration by many means. A broken or interrupted range may often be accounted for by the extinction of the species in the intermediate regions. It cannot be denied that we are as yet very ignorant of the full extent of the essay professor various climatal and geographical changes which have affected the earth during modern periods; and such changes will obviously have greatly facilitated migration. As an The Justification of Reverse in Hiring Essay example, I have attempted to show how potent has been the essay professor influence of the Glacial period on the distribution both of the same and of representative species throughout the world. We are as yet profoundly ignorant of the many occasional means of transport. With respect to distinct species of the same genus inhabiting very distant and isolated regions, as the process of modification has necessarily been slow, all the means of migration will have been possible during a very long period; and consequently the difficulty of the wide diffusion of species of the 100 love sonets same genus is in some degree lessened.

As on professor, the theory of natural selection an interminable number of intermediate forms must have existed, linking together all the species in each group by gradations as fine as our present varieties, it may be asked, Why do we not see these linking forms all around us? Why are not all organic beings blended together in examples an inextricable chaos? With respect to existing forms, we should remember that we have no right to expect (excepting in rare cases) to professor discover directly connecting links between them, but only between each and some extinct and supplanted form. Even on a wide area, which has during a long period remained continuous, and of which the climate and other conditions of Defining Intimacy: Involved with Intimacy Essay life change insensibly in going from a district occupied by one species into essay, another district occupied by a closely allied species, we have no just right to expect often to in Hiring Essay find intermediate varieties in the intermediate zone. For we have reason to believe that only a few species are undergoing change at any one period; and all changes are slowly effected.

I have also shown that the intermediate varieties which will at first probably exist in the intermediate zones, will be liable to essay professor be supplanted by matrix the allied forms on either hand; and the latter, from existing in greater numbers, will generally be modified and improved at professor, a quicker rate than the intermediate varieties, which exist in lesser numbers; so that the intermediate varieties will, in the long run, be supplanted and exterminated. On this doctrine of the extermination of an infinitude of Discrimination Essay connecting links, between the living and extinct inhabitants of the professor world, and at opening times, each successive period between the extinct and still older species, why is not every geological formation charged with such links? Why does not every collection of fossil remains afford plain evidence of the essay gradation and mutation of the forms of life? We meet with no such evidence, and this is the most obvious and forcible of the many objections which may be urged against my theory. Why, again, do whole groups of allied species appear, though certainly they often falsely appear, to have come in suddenly on the several geological stages? Why do we not find great piles of strata beneath the Silurian system, stored with the remains of the progenitors of the Silurian groups of fossils? For certainly on my theory such strata must somewhere have been deposited at these ancient and utterly unknown epochs in the world's history.

I can answer these questions and npower opening grave objections only on the supposition that the essay geological record is far more imperfect than most geologists believe. It cannot be objected that there has not been time sufficient for any amount of organic change; for the lapse of time has been so great as to be utterly inappreciable by the human intellect. The number of matrix specimens in all our museums is absolutely as nothing compared with the countless generations of countless species which certainly have existed. Professor. We should not be able to recognise a species as the parent of any one or more species if we were to 100 love sonets examine them ever so closely, unless we likewise possessed many of the intermediate links between their past or parent and essay professor present states; and these many links we could hardly ever expect to discover, owing to the imperfection of the geological record. Numerous existing doubtful forms could be named which are probably varieties; but who will pretend that in future ages so many fossil links will be discovered, that naturalists will be able to decide, on the common view, whether or not these doubtful forms are varieties? As long as most of the links between any two species are unknown, if any one link or intermediate variety be discovered, it will simply be classed as another and distinct species. Only a small portion of the world has been geologically explored. Only organic beings of npower opening times certain classes can be preserved in a fossil condition, at least in any great number. Widely ranging species vary most, and varieties are often at first local, -- both causes rendering the discovery of intermediate links less likely. Local varieties will not spread into other and distant regions until they are considerably modified and improved; and when they do spread, if discovered in a geological formation, they will appear as if suddenly created there, and will be simply classed as new species.

Most formations have been intermittent in their accumulation; and their duration, I am inclined to believe, has been shorter than the average duration of specific forms. Successive formations are separated from each other by enormous blank intervals of time; for fossiliferous formations, thick enough to resist future degradation, can be accumulated only where much sediment is deposited on the subsiding bed of the sea. During the alternate periods of elevation and of stationary level the essay professor record will be blank. During these latter periods there will probably be more variability in the forms of the metamorphosis life; during periods of subsidence, more extinction. With respect to the absence of fossiliferous formations beneath the lowest Silurian strata, I can only recur to the hypothesis given in the ninth chapter. That the geological record is imperfect all will admit; but that it is imperfect to the degree which I require, few will be inclined to admit. If we look to long enough intervals of time, geology plainly declares that all species have changed; and they have changed in the manner which my theory requires, for essay, they have changed slowly and in a graduated manner. We clearly see this in the fossil remains from consecutive formations invariably being much more closely related to each other, than are the fossils from formations distant from each other in 100 love sonets time.

Such is the sum of the several chief objections and difficulties which may justly be urged against my theory; and I have now briefly recapitulated the answers and explanations which can be given to them. I have felt these difficulties far too heavily during many years to doubt their weight. But it deserves especial notice that the essay professor more important objections relate to questions on which we are confessedly ignorant; nor do we know how ignorant we are. We do not know all the npower times possible transitional gradations between the simplest and professor the most perfect organs; it cannot be pretended that we know all the varied means of Distribution during the long lapse of Intimacy years, or that we know how imperfect the essay professor Geological Record is. Grave as these several difficulties are, in my judgement they do not overthrow the theory of descent with modification. Now let us turn to the other side of the argument.

Under domestication we see much variability. This seems to be mainly due to matrix examples the reproductive system being eminently susceptible to changes in the conditions of life so that this system, when not rendered impotent, fails to reproduce offspring exactly like the parent-form. Variability is governed by many complex laws, -- by correlation of growth, by use and disuse, and by the direct action of the essay professor physical conditions of life. There is Defining Intimacy: Intimacy Essay, much difficulty in ascertaining how much modification our domestic productions have undergone; but we may safely infer that the professor amount has been large, and that modifications can be inherited for opening times, long periods. Essay. As long as the conditions of life remain the same, we have reason to believe that a modification, which has already been inherited for many generations, may continue to Discrimination be inherited for an almost infinite number of generations. Essay Professor. On the other hand we have evidence that variability, when it has once come into play, does not wholly cease; for new varieties are still occasionally produced by our most anciently domesticated productions. Man does not actually produce variability; he only unintentionally exposes organic beings to new conditions of life, and then nature acts on the organisation, and causes variability. But man can and shmoop the metamorphosis does select the variations given to him by essay professor nature, and thus accumulate them in any desired manner. Ansoff. He thus adapts animals and plants for his own benefit or pleasure.

He may do this methodically, or he may do it unconsciously by preserving the essay professor individuals most useful to him at the time, without any thought of altering the breed. It is certain that he can largely influence the character of matrix a breed by selecting, in each successive generation, individual differences so slight as to be quite inappreciable by an uneducated eye. This process of selection has been the great agency in the production of the most distinct and professor useful domestic breeds. That many of the breeds produced by health act 1974 man have to a large extent the character of natural species, is shown by the inextricable doubts whether very many of them are varieties or aboriginal species. There is no obvious reason why the principles which have acted so efficiently under domestication should not have acted under nature. In the preservation of favoured individuals and races, during the constantly-recurrent Struggle for Existence, we see the most powerful and professor ever-acting means of selection.

The struggle for existence inevitably follows from the high geometrical ratio of increase which is common to all organic beings. This high rate of the metamorphosis increase is essay, proved by calculation, by shmoop the effects of a succession of professor peculiar seasons, and by the results of naturalisation, as explained in the third chapter. More individuals are born than can possibly survive. In Hiring Essay. A grain in the balance will determine which individual shall live and which shall die, -- which variety or species shall increase in number, and which shall decrease, or finally become extinct. Essay. As the opening individuals of the same species come in all respects into the closest competition with each other, the struggle will generally be most severe between them; it will be almost equally severe between the varieties of the same species, and next in severity between the species of the same genus. But the struggle will often be very severe between beings most remote in the scale of professor nature. The slightest advantage in one being, at Processes Involved with, any age or during any season, over those with which it comes into competition, or better adaptation in however slight a degree to the surrounding physical conditions, will turn the balance. With animals having separated sexes there will in most cases be a struggle between the males for possession of the essay professor females. 100 Love Sonets. The most vigorous individuals, or those which have most successfully struggled with their conditions of life, will generally leave most progeny. But success will often depend on having special weapons or means of defence, or on professor, the charms of the males; and the slightest advantage will lead to act 1974 responsibilities victory. As geology plainly proclaims that each land has undergone great physical changes, we might have expected that organic beings would have varied under nature, in essay the same way as they generally have varied under the changed conditions of domestication.

And if there be any variability under nature, it would be an unaccountable fact if natural selection had not come into play. It has often been asserted, but the assertion is quite incapable of proof, that the amount of The Justification variation under nature is a strictly limited quantity. Man, though acting on external characters alone and often capriciously, can produce within a short period a great result by adding up mere individual differences in his domestic productions; and essay every one admits that there are at least individual differences in species under nature. But, besides such differences, all naturalists have admitted the existence of varieties, which they think sufficiently distinct to be worthy of ansoff matrix examples record in systematic works. No one can draw any clear distinction between individual differences and slight varieties; or between more plainly marked varieties and subspecies, and essay species.

Let it be observed how naturalists differ in the rank which they assign to the many representative forms in Europe and North America. If then we have under nature variability and a powerful agent always ready to 100 love sonets act and select, why should we doubt that variations in any way useful to beings, under their excessively complex relations of life, would be preserved, accumulated, and inherited? Why, if man can by essay patience select variations most useful to himself, should nature fail in selecting variations useful, under changing conditions of life, to her living products? What limit can be put to this power, acting during long ages and rigidly scrutinising the whole constitution, structure, and npower opening habits of each creature, -- favouring the good and rejecting the bad? I can see no limit to this power, in slowly and essay beautifully adapting each form to the most complex relations of life. The theory of natural selection, even if we looked no further than this, seems to me to be in itself probable. I have already recapitulated, as fairly as I could, the opposed difficulties and health and safety act 1974 employee responsibilities objections: now let us turn to the special facts and arguments in favour of the theory. On the view that species are only strongly marked and permanent varieties, and that each species first existed as a variety, we can see why it is that no line of demarcation can be drawn between species, commonly supposed to essay professor have been produced by 100 love sonets special acts of essay creation, and varieties which are acknowledged to have been produced by The Justification of Reverse Discrimination Essay secondary laws.

On this same view we can understand how it is professor, that in each region where many species of a genus have been produced, and where they now flourish, these same species should present many varieties; for where the manufactory of species has been active, we might expect, as a general rule, to find it still in action; and shmoop the metamorphosis this is the case if varieties be incipient species. Moreover, the species of the large genera, which afford the greater number of varieties or incipient species, retain to a certain degree the character of varieties; for essay professor, they differ from each other by a less amount of difference than do the species of smaller genera. Npower Opening. The closely allied species also of the larger genera apparently have restricted ranges, and they are clustered in little groups round other species -- in which respects they resemble varieties. These are strange relations on essay, the view of each species having been independently created, but are intelligible if all species first existed as varieties. As each species tends by its geometrical ratio of reproduction to and safety at work act 1974 responsibilities increase inordinately in number; and as the modified descendants of each species will be enabled to increase by so much the more as they become more diversified in habits and essay professor structure, so as to be enabled to seize on many and widely different places in the economy of nature, there will be a constant tendency in natural selection to preserve the most divergent offspring of any one species.

Hence during a long-continued course of modification, the slight differences, characteristic of varieties of the same species, tend to ansoff matrix be augmented into the greater differences characteristic of species of the same genus. New and improved varieties will inevitably supplant and exterminate the older, less improved and essay intermediate varieties; and thus species are rendered to Defining a large extent defined and distinct objects. Dominant species belonging to the larger groups tend to give birth to new and dominant forms; so that each large group tends to become still larger, and at essay professor, the same time more divergent in character. Health Employee. But as all groups cannot thus succeed in increasing in size, for essay, the world would not hold them, the more dominant groups beat the ansoff examples less dominant. This tendency in essay professor the large groups to the metamorphosis go on increasing in size and essay professor diverging in character, together with the shmoop almost inevitable contingency of essay professor much extinction, explains the arrangement of all the forms of life, in groups subordinate to groups, all within a few great classes, which we now see everywhere around us, and which has prevailed throughout all time. This grand fact of the grouping of all organic beings seems to me utterly inexplicable on the theory of creation. As natural selection acts solely by accumulating slight, successive, favourable variations, it can produce no great or sudden modification; it can act only by very short and slow steps. Hence the canon of shmoop the metamorphosis `Natura non facit saltum,' which every fresh addition to our knowledge tends to make more strictly correct, is on essay professor, this theory simply intelligible. We can plainly see why nature is prodigal in variety, though niggard in innovation. But why this should be a law of nature if each species has been independently created, no man can explain.

Many other facts are, as it seems to me, explicable on Discrimination, this theory. How strange it is that a bird, under the form of woodpecker, should have been created to prey on insects on the ground; that upland geese, which never or rarely swim, should have been created with webbed feet; that a thrush should have been created to dive and feed on sub-aquatic insects; and that a petrel should have been created with habits and structure fitting it for the life of an essay professor auk or grebe! and shmoop the metamorphosis so on in endless other cases. But on the view of each species constantly trying to increase in number, with natural selection always ready to professor adapt the slowly varying descendants of each to any unoccupied or ill-occupied place in nature, these facts cease to be strange, or perhaps might even have been anticipated. As natural selection acts by Involved with Essay competition, it adapts the inhabitants of professor each country only in relation to the degree of perfection of Defining Intimacy: Involved Essay their associates; so that we need feel no surprise at the inhabitants of any one country, although on the ordinary view supposed to have been specially created and adapted for that country, being beaten and supplanted by essay professor the naturalised productions from another land. Nor ought we to marvel if all the contrivances in nature be not, as far as we can judge, absolutely perfect; and if some of them be abhorrent to our ideas of fitness. We need not marvel at the sting of the bee causing the bee's own death; at drones being produced in such vast numbers for one single act, and being then slaughtered by their sterile sisters; at the astonishing waste of Intimacy: Processes pollen by our fir-trees; at the instinctive hatred of the queen bee for her own fertile daughters; at ichneumonidae feeding within the live bodies of caterpillars; and at other such cases. Professor. The wonder indeed is, on the theory of natural selection, that more cases of the the metamorphosis want of absolute perfection have not been observed. The complex and little known laws governing variation are the essay same, as far as we can see, with the laws which have governed the production of so-called specific forms. Npower. In both cases physical conditions seem to have produced but little direct effect; yet when varieties enter any zone, they occasionally assume some of the characters of the species proper to that zone. In both varieties and species, use and disuse seem to have produced some effect; for it is difficult to resist this conclusion when we look, for instance, at the logger-headed duck, which has wings incapable of flight, in nearly the same condition as in the domestic duck; or when we look at the burrowing tucutucu, which is occasionally blind, and then at certain moles, which are habitually blind and have their eyes covered with skin; or when we look at the blind animals inhabiting the dark caves of America and Europe.

In both varieties and species correction of growth seems to have played a most important part, so that when one part has been modified other parts are necessarily modified. In both varieties and species reversions to long-lost characters occur. How inexplicable on the theory of professor creation is the occasional appearance of stripes on shmoop, the shoulder and legs of the several species of the horse-genus and in their hybrids! How simply is this fact explained if we believe that these species have descended from a striped progenitor, in the same manner as the professor several domestic breeds of pigeon have descended from the blue and barred rock-pigeon! On the ordinary view of each species having been independently created, why should the ansoff specific characters, or those by which the species of the same genus differ from each other, be more variable than the generic characters in which they all agree? Why, for instance, should the colour of a flower be more likely to vary in essay professor any one species of a genus, if the other species, supposed to The Justification in Hiring Essay have been created independently, have differently coloured flowers, than if all the species of the genus have the essay same coloured flowers? If species are only well-marked varieties, of which the characters have become in a high degree permanent, we can understand this fact; for they have already varied since they branched off from a common progenitor in certain characters, by Involved with Essay which they have come to be specifically distinct from each other; and therefore these same characters would be more likely still to be variable than the generic characters which have been inherited without change for an enormous period. Essay. It is inexplicable on the theory of 100 love sonets creation why a part developed in a very unusual manner in essay any one species of a genus, and therefore, as we may naturally infer, of great importance to 100 love sonets the species, should be eminently liable to professor variation; but, on my view, this part has undergone, since the several species branched off from a common progenitor, an unusual amount of variability and modification, and therefore we might expect this part generally to be still variable. And Safety At Work Employee. But a part may be developed in the most unusual manner, like the essay wing of a bat, and yet not be more variable than any other structure, if the part be common to many subordinate forms, that is, if it has been inherited for a very long period; for in this case it will have been rendered constant by opening times long-continued natural selection.

Glancing at instincts, marvellous as some are, they offer no greater difficulty than does corporeal structure on the theory of the natural selection of professor successive, slight, but profitable modifications. We can thus understand why nature moves by graduated steps in endowing different animals of the same class with their several instincts. I have attempted to show how much light the principle of gradation throws on the admirable architectural powers of the hive-bee. Matrix Examples. Habit no doubt sometimes comes into play in essay modifying instincts; but it certainly is not indispensable, as we see, in health and safety the case of neuter insects, which leave no progeny to professor inherit the effects of long-continued habit. On the view of all the species of the same genus having descended from a common parent, and having inherited much in common, we can understand how it is that allied species, when placed under considerably different conditions of life, yet should follow nearly the same instincts; why the thrush of the metamorphosis South America, for essay professor, instance, lines her nest with mud like our British species.

On the view of instincts having been slowly acquired through natural selection we need not marvel at 100 love sonets, some instincts being apparently not perfect and liable to essay professor mistakes, and at many instincts causing other animals to suffer. If species be only well-marked and permanent varieties, we can at once see why their crossed offspring should follow the 100 love sonets same complex laws in professor their degrees and kinds of resemblance to their parents, -- in 100 love sonets being absorbed into each other by successive crosses, and in other such points, -- as do the crossed offspring of acknowledged varieties. On the essay professor other hand, these would be strange facts if species have been independently created, and varieties have been produced by 100 love sonets secondary laws. If we admit that the geological record is imperfect in an extreme degree, then such facts as the record gives, support the theory of descent with modification. New species have come on the stage slowly and at successive intervals; and the amount of change, after equal intervals of time, is essay professor, widely different in different groups.

The extinction of species and of whole groups of species, which has played so conspicuous a part in the history of the organic world, almost inevitably follows on the principle of natural selection; for old forms will be supplanted by new and improved forms. Shmoop. Neither single species nor groups of professor species reappear when the Discrimination chain of ordinary generation has once been broken. The gradual diffusion of dominant forms, with the slow modification of their descendants, causes the forms of life, after long intervals of time, to appear as if they had changed simultaneously throughout the world. Professor. The fact of the fossil remains of each formation being in Defining Intimacy: some degree intermediate in character between the fossils in the formations above and below, is essay professor, simply explained by their intermediate position in opening times the chain of descent. The grand fact that all extinct organic beings belong to the same system with recent beings, falling either into the same or into intermediate groups, follows from the professor living and the extinct being the offspring of shmoop common parents. As the groups which have descended from an ancient progenitor have generally diverged in character, the progenitor with its early descendants will often be intermediate in character in essay professor comparison with its later descendants; and thus we can see why the more ancient a fossil is, the the metamorphosis oftener it stands in some degree intermediate between existing and essay professor allied groups. Recent forms are generally looked at as being, in some vague sense, higher than ancient and extinct forms; and they are in so far higher as the later and The Justification of Reverse in Hiring Essay more improved forms have conquered the older and professor less improved organic beings in the struggle for life.

Lastly, the law of the of Reverse Discrimination in Hiring n='448' long endurance of allied forms on essay professor, the same continent, -- of 100 love sonets marsupials in Australia, of edentata in America, and other such cases, -- is intelligible, for within a confined country, the recent and the extinct will naturally be allied by essay professor descent. Looking to geographical distribution, if we admit that there has been during the long course of ages much migration from one part of the world to npower times another, owing to former climatal and essay geographical changes and to the many occasional and unknown means of dispersal, then we can understand, on the theory of descent with modification, most of the Involved with Intimacy Essay great leading facts in essay professor Distribution. We can see why there should be so striking a parallelism in the distribution of organic beings throughout space, and in their geological succession throughout time; for in both cases the beings have been connected by the bond of ordinary generation, and the means of modification have been the same. We see the full meaning of the wonderful fact, which must have struck every traveller, namely, that on Processes Involved with Essay, the same continent, under the most diverse conditions, under heat and professor cold, on mountain and lowland, on deserts and marshes, most of the inhabitants within each great class are plainly related; for they will generally be descendants of the same progenitors and early colonists. At Work. On this same principle of professor former migration, combined in most cases with modification, we can understand, by the aid of the Glacial period, the shmoop identity of some few plants, and the close alliance of many others, on the most distant mountains, under the most different climates; and essay likewise the close alliance of some of the inhabitants of the sea in shmoop the metamorphosis the northern and southern temperate zones, though separated by the whole intertropical ocean. Essay. Although two areas may present the same physical conditions of life, we need feel no surprise at their inhabitants being widely different, if they have been for a long period completely separated from each other; for as the relation of organism to organism is the most important of all relations, and as the two areas will have received colonists from some third source or from each other, at various periods and in different proportions, the course of modification in the two areas will inevitably be different.

On this view of migration, with subsequent modification, we can see why oceanic islands should be inhabited by ansoff matrix examples few species, but of essay professor these, that many should be peculiar. We can clearly see why those animals which cannot cross wide spaces of ocean, as frogs and terrestrial mammals, should not inhabit oceanic islands; and why, on npower times, the other hand, new and peculiar species of bats, which can traverse the ocean, should so often be found on islands far distant from any continent. Such facts as the presence of peculiar species of bats, and the absence of all other mammals, on oceanic islands, are utterly inexplicable on the theory of independent acts of creation. The existence of closely allied or representative species in any two areas, implies, on the theory of descent with modification, that the same parents formerly inhabited both areas; and we almost invariably find that wherever many closely allied species inhabit two areas, some identical species common to essay professor both still exist. Intimacy: With Intimacy. Wherever many closely allied yet distinct species occur, many doubtful forms and varieties of the same species likewise occur. It is a rule of high generality that the inhabitants of each area are related to the inhabitants of the nearest source whence immigrants might have been derived. Essay Professor. We see this in nearly all the plants and animals of the Galapagos archipelago, of Juan Fernandez, and of the other American islands being related in the most striking manner to the plants and animals of the neighbouring American mainland; and those of the Cape de Verde archipelago and other African islands to the African mainland. It must be admitted that these facts receive no explanation on the theory of creation. The fact, as we have seen, that all past and present organic beings constitute one grand natural system, with group subordinate to group, and with extinct groups often falling in Defining Involved with Intimacy between recent groups, is essay, intelligible on the theory of natural selection with its contingencies of extinction and divergence of character.

On these same principles we see how it is, that the mutual affinities of the species and genera within each class are so complex and circuitous. We see why certain characters are far more serviceable than others for classification; -- why adaptive characters, though of paramount importance to the being, are of hardly any importance in classification; why characters derived from rudimentary parts, though of no service to of Reverse in Hiring the being, are often of high classificatory value; and why embryological characters are the most valuable of all. The real affinities of all organic beings are due to inheritance or community of descent. The natural system is a genealogical arrangement, in which we have to professor discover the lines of descent by the most permanent characters, however slight their vital importance may be. The framework of bones being the same in the hand of a man, wing of a bat, fin of the porpoise, and leg of the horse, -- the same number of vertebrae forming the neck of the Defining Processes Involved Intimacy giraffe and of the elephant, -- and innumerable other such facts, at once explain themselves on essay professor, the theory of descent with slow and slight successive modifications.

The similarity of pattern in the wing and leg of a bat, though used for such different purposes, -- in the jaws and legs of a crab, -- in the petals, stamens, and pistils of a flower, is likewise intelligible on the view of the gradual modification of parts or organs, which were alike in the early progenitor of each class. On the principle of successive variations not always supervening at an early age, and ansoff matrix examples being inherited at professor, a corresponding not early period of life, we can clearly see why the embryos of mammals, birds, reptiles, and fishes should be so closely alike, and should be so unlike the adult forms. We may cease marvelling at matrix examples, the embryo of an air-breathing mammal or bird having branchial slits and arteries running in essay loops, like those in a fish which has to breathe the air dissolved in water, by the aid of well-developed branchiae. Disuse, aided sometimes by natural selection, will often tend to reduce an organ, when it has become useless by changed habits or under changed conditions of life; and act 1974 employee responsibilities we can clearly understand on this view the meaning of rudimentary organs. But disuse and selection will generally act on each creature, when it has come to maturity and has to play its full part in the struggle for existence, and will thus have little power of essay acting on an organ during early life; hence the organ will not be much reduced or rendered rudimentary at 100 love sonets, this early age. The calf, for instance, has inherited teeth, which never cut through the professor gums of the upper jaw, from an early progenitor having well-developed teeth; and we may believe, that the teeth in 100 love sonets the mature animal were reduced, during successive generations, by disuse or by essay the tongue and palate having been fitted by natural selection to browse without their aid; whereas in the calf, the teeth have been left untouched by selection or disuse, and on the principle of times inheritance at essay, corresponding ages have been inherited from a remote period to the present day. On the view of each organic being and each separate organ having been specially created, how utterly inexplicable it is that parts, like the teeth in the embryonic calf or like the shrivelled wings under the soldered wing-covers of shmoop the metamorphosis some beetles, should thus so frequently bear the professor plain stamp of inutility!

Nature may be said to have taken pains to reveal, by rudimentary organs and by homologous structures, her scheme of modification, which it seems that we wilfully will not understand. I have now recapitulated the chief facts and considerations which have thoroughly convinced me that species have changed, and are still slowly changing by ansoff matrix examples the preservation and essay professor accumulation of successive slight favourable variations. Why, it may be asked, have all the most eminent living naturalists and geologists rejected this view of the mutability of species? It cannot be asserted that organic beings in a state of nature are subject to no variation; it cannot be proved that the amount of variation in the course of long ages is npower, a limited quantity; no clear distinction has been, or can be, drawn between species and well-marked varieties. It cannot be maintained that species when intercrossed are invariably sterile, and varieties invariably fertile; or that sterility is a special endowment and sign of creation. Essay. The belief that species were immutable productions was almost unavoidable as long as the history of the Processes Involved Intimacy world was thought to be of short duration; and now that we have acquired some idea of the lapse of time, we are too apt to assume, without proof, that the essay geological record is so perfect that it would have afforded us plain evidence of the shmoop mutation of species, if they had undergone mutation. But the chief cause of our natural unwillingness to admit that one species has given birth to professor other and distinct species, is that we are always slow in matrix examples admitting any great change of essay professor which we do not see the intermediate steps. The difficulty is the same as that felt by so many geologists, when Lyell first insisted that long lines of inland cliffs had been formed, and great valleys excavated, by the slow action of the of Reverse Discrimination coast-waves. The mind cannot possibly grasp the professor full meaning of the ansoff examples term of a hundred million years; it cannot add up and perceive the full effects of professor many slight variations, accumulated during an almost infinite number of generations. Although I am fully convinced of the Intimacy: Processes with Intimacy Essay truth of the views given in this volume under the form of an abstract, I by no means expect to convince experienced naturalists whose minds are stocked with a multitude of facts all viewed, during a long course of years, from professor, a point of view directly opposite to mine. It is so easy to hide our ignorance under such expressions as the `plan of creation,' `unity of design,' c., and to think that we give an explanation when we only restate a fact.

Any one whose disposition leads him to attach more weight to 100 love sonets unexplained difficulties than to the explanation of a certain number of facts will certainly reject my theory. A few naturalists, endowed with much flexibility of essay professor mind, and the metamorphosis who have already begun to doubt on the immutability of species, may be influenced by this volume; but I look with confidence to the future, to young and rising naturalists, who will be able to essay view both sides of the question with impartiality. Whoever is led to believe that species are mutable will do good service by conscientiously expressing his conviction; for only thus can the load of prejudice by which this subject is overwhelmed be removed. Several eminent naturalists have of late published their belief that a multitude of reputed species in each genus are not real species; but that other species are real, that is, have been independently created. This seems to me a strange conclusion to arrive at.

They admit that a multitude of forms, which till lately they themselves thought were special creations, and health at work act 1974 employee responsibilities which are still thus looked at by the majority of naturalists, and which consequently have every external characteristic feature of true species, -- they admit that these have been produced by variation, but they refuse to extend the same view to other and very slightly different forms. Nevertheless they do not pretend that they can define, or even conjecture, which are the created forms of life, and which are those produced by secondary laws. They admit variation as a vera causa in one case, they arbitrarily reject it in another, without assigning any distinction in the two cases. The day will come when this will be given as a curious illustration of the blindness of preconceived opinion. Essay Professor. These authors seem no more startled at health and safety employee, a miraculous act of creation than at essay, an ordinary birth. Essay. But do they really believe that at innumerable periods in the earth's history certain elemental atoms have been commanded suddenly to flash into living tissues?

Do they believe that at each supposed act of professor creation one individual or many were produced? Were all the infinitely numerous kinds of ansoff matrix animals and plants created as eggs or seed, or as full grown? and in the case of mammals, were they created bearing the false marks of essay nourishment from the Defining Intimacy: Involved with Essay mother's womb? Although naturalists very properly demand a full explanation of professor every difficulty from those who believe in ansoff matrix examples the mutability of species, on their own side they ignore the essay professor whole subject of the 100 love sonets first appearance of species in what they consider reverent silence. It may be asked how far I extend the doctrine of the modification of species. The question is difficult to answer, because the more distinct the forms are which we may consider, by essay so much the arguments fall away in force.

But some arguments of the greatest weight extend very far. All the 100 love sonets members of whole classes can be connected together by chains of essay professor affinities, and all can be classified on the same principle, in groups subordinate to groups. Fossil remains sometimes tend to employee fill up very wide intervals between existing orders. Organs in professor a rudimentary condition plainly show that an early progenitor had the opening times organ in a fully developed state; and this in some instances necessarily implies an enormous amount of essay professor modification in the descendants. Throughout whole classes various structures are formed on the same pattern, and at an embryonic age the species closely resemble each other. Therefore I cannot doubt that the theory of descent with modification embraces all the members of the same class. I believe that animals have descended from at most only opening times four or five progenitors, and plants from an equal or lesser number. Analogy would lead me one step further, namely, to essay professor the belief that all animals and plants have descended from some one prototype.

But analogy may be a deceitful guide. Nevertheless all living things have much in common, in their chemical composition, their germinal vesicles, their cellular structure, and their laws of growth and reproduction. We see this even in 100 love sonets so trifling a circumstance as that the same poison often similarly affects plants and animals; or that the poison secreted by the gall-fly produces monstrous growths on the wild rose or oak-tree. Therefore I should infer from essay professor, analogy that probably all the organic beings which have ever lived on this earth have descended from some one primordial form, into which life was first breathed. When the views entertained in this volume on the origin of species, or when analogous views are generally admitted, we can dimly foresee that there will be a considerable revolution in and safety employee responsibilities natural history. Systematists will be able to pursue their labours as at present; but they will not be incessantly haunted by the shadowy doubt whether this or that form be in essence a species. This I feel sure, and I speak after experience, will be no slight relief. The endless disputes whether or not some fifty species of British brambles are true species will cease. Systematists will have only to decide (not that this will be easy) whether any form be sufficiently constant and distinct from other forms, to be capable of definition; and if definable, whether the differences be sufficiently important to deserve a specific name. This latter point will become a far more essential consideration than it is at professor, present; for differences, however slight, between any two forms, if not blended by intermediate gradations, are looked at by most naturalists as sufficient to shmoop the metamorphosis raise both forms to the rank of species.

Hereafter we shall be compelled to acknowledge that the only distinction between species and well-marked varieties is, that the latter are known, or believed, to be connected at the present day by intermediate gradations, whereas species were formerly thus connected. Hence, without quite rejecting the consideration of the professor present existence of intermediate gradations between any two forms, we shall be led to weigh more carefully and to value higher the with actual amount of essay professor difference between them. It is quite possible that forms now generally acknowledged to be merely varieties may hereafter be thought worthy of specific names, as with the primrose and cowslip; and in this case scientific and common language will come into accordance. In short, we shall have to treat species in matrix the same manner as those naturalists treat genera, who admit that genera are merely artificial combinations made for convenience. This may not be a cheering prospect; but we shall at least be freed from the vain search for the undiscovered and undiscoverable essence of the term species. The other and more general departments of natural history will rise greatly in interest. The terms used by naturalists of affinity, relationship, community of type, paternity, morphology, adaptive characters, rudimentary and aborted organs, c., will cease to be metaphorical, and will have a plain signification. When we no longer look at an organic being as a savage looks at a ship, as at something wholly beyond his comprehension; when we regard every production of nature as one which has had a history; when we contemplate every complex structure and instinct as the summing up of many contrivances, each useful to the possessor, nearly in the same way as when we look at any great mechanical invention as the summing up of the labour, the experience, the reason, and essay professor even the 100 love sonets blunders of numerous workmen; when we thus view each organic being, how far more interesting, I speak from experience, will the study of natural history become! A grand and almost untrodden field of inquiry will be opened, on the causes and essay laws of variation, on 100 love sonets, correlation of growth, on the effects of use and disuse, on the direct action of essay professor external conditions, and so forth. The study of domestic productions will rise immensely in value.

A new variety raised by man will be a far more important and interesting subject for study than one more species added to the infinitude of the metamorphosis already recorded species. Our classifications will come to be, as far as they can be so made, genealogies; and professor will then truly give what may be called the plan of creation. The rules for of Reverse Discrimination in Hiring Essay, classifying will no doubt become simpler when we have a definite object in view. We possess no pedigrees or armorial bearings; and we have to essay professor discover and trace the shmoop the metamorphosis many diverging lines of descent in our natural genealogies, by characters of any kind which have long been inherited. Rudimentary organs will speak infallibly with respect to the nature of essay professor long-lost structures. Species and groups of species, which are called aberrant, and which may fancifully be called living fossils, will aid us in forming a picture of the ancient forms of life. Embryology will reveal to and safety at work employee responsibilities us the professor structure, in some degree obscured, of the prototypes of each great class. When we can feel assured that all the individuals of the same species, and all the opening closely allied species of most genera, have within a not very remote period descended from one parent, and have migrated from some one birthplace; and when we better know the many means of migration, then, by the light which geology now throws, and will continue to throw, on former changes of professor climate and of the level of the land, we shall surely be enabled to trace in an admirable manner the former migrations of the Processes Intimacy inhabitants of the whole world. Even at present, by comparing the differences of the inhabitants of the sea on the opposite sides of essay a continent, and the nature of the various inhabitants of that continent in Intimacy: relation to their apparent means of immigration, some light can be thrown on ancient geography.

The noble science of professor Geology loses glory from the npower opening extreme imperfection of the record. The crust of the earth with its embedded remains must not be looked at as a well-filled museum, but as a poor collection made at hazard and at essay professor, rare intervals. Of Reverse Discrimination In Hiring. The accumulation of each great fossiliferous formation will be recognised as having depended on an unusual concurrence of professor circumstances, and the blank intervals between the successive stages as having been of vast duration. Shmoop The Metamorphosis. But we shall be able to gauge with some security the duration of these intervals by a comparison of the essay professor preceding and succeeding organic forms. We must be cautious in attempting to correlate as strictly contemporaneous two formations, which include few identical species, by the general succession of their forms of life. As species are produced and exterminated by slowly acting and still existing causes, and not by npower opening times miraculous acts of creation and by catastrophes; and as the most important of all causes of organic change is one which is almost independent of altered and perhaps suddenly altered physical conditions, namely, the mutual relation of organism to organism, -- the improvement of one being entailing the improvement or the extermination of others; it follows, that the essay amount of health act 1974 employee organic change in the fossils of consecutive formations probably serves as a fair measure of the lapse of actual time. A number of species, however, keeping in a body might remain for essay professor, a long period unchanged, whilst within this same period, several of these species, by migrating into new countries and coming into competition with foreign associates, might become modified; so that we must not overrate the accuracy of organic change as a measure of ansoff matrix examples time. During early periods of the earth's history, when the essay forms of life were probably fewer and simpler, the rate of change was probably slower; and at the first dawn of life, when very few forms of the simplest structure existed, the rate of change may have been slow in Intimacy: Processes Involved an extreme degree. The whole history of the world, as at professor, present known, although of The Justification of Reverse in Hiring Essay a length quite incomprehensible by essay us, will hereafter be recognised as a mere fragment of time, compared with the ages which have elapsed since the first creature, the progenitor of innumerable extinct and of Reverse in Hiring living descendants, was created. In the essay professor distant future I see open fields for far more important researches.

Psychology will be based on a new foundation, that of the necessary acquirement of times each mental power and capacity by essay gradation. Light will be thrown on the origin of man and his history. Authors of the highest eminence seem to be fully satisfied with the view that each species has been independently created. Npower Opening. To my mind it accords better with what we know of the laws impressed on matter by the Creator, that the professor production and extinction of the past and present inhabitants of the world should have been due to secondary causes, like those determining the birth and death of the individual. When I view all beings not as special creations, but as the lineal descendants of some few beings which lived long before the first bed of the Silurian system was deposited, they seem to me to become ennobled. Judging from the past, we may safely infer that not one living species will transmit its unaltered likeness to a distant futurity.

And of the species now living very few will transmit progeny of any kind to a far distant futurity; for the metamorphosis, the manner in which all organic beings are grouped, shows that the greater number of species of professor each genus, and all the species of many genera, have left no descendants, but have become utterly extinct. Npower Times. We can so far take a prophetic glance into futurity as to foretel that it will be the common and widely-spread species, belonging to essay professor the larger and 100 love sonets dominant groups, which will ultimately prevail and procreate new and dominant species. As all the living forms of life are the essay professor lineal descendants of those which lived long before the Silurian epoch, we may feel certain that the npower ordinary succession by generation has never once been broken, and that no cataclysm has desolated the whole world. Essay Professor. Hence we may look with some confidence to a secure future of equally inappreciable length. And as natural selection works solely by and for the good of each being, all corporeal and matrix examples mental endowments will tend to progress towards perfection. It is interesting to contemplate an entangled bank, clothed with many plants of many kinds, with birds singing on professor, the bushes, with various insects flitting about, and of Reverse with worms crawling through the damp earth, and to reflect that these elaborately constructed forms, so different from each other, and dependent on each other in so complex a manner, have all been produced by laws acting around us.

These laws, taken in the largest sense, being Growth with Reproduction; inheritance which is almost implied by reproduction; Variability from the indirect and direct action of the external conditions of life, and essay from use and disuse; a Ratio of Increase so high as to at work act 1974 responsibilities lead to essay professor a Struggle for Life, and as a consequence to Natural Selection, entailing Divergence of Character and the Extinction of less-improved forms. Thus, from the war of nature, from famine and in Hiring death, the most exalted object which we are capable of conceiving, namely, the production of the higher animals, directly follows. There is grandeur in this view of life, with its several powers, having been originally breathed into a few forms or into one; and that, whilst this planet has gone cycling on according to the fixed law of gravity, from so simple a beginning endless forms most beautiful and most wonderful have been, and are being, evolved.

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Free Essays on Army Accountability. essay on the importance of accountability in the army Free Essays on 5000 Word Essay On Accountability Responsibility for students. Accountability in professor, the army is important because soldiers as well as equipment, ammunition, food, water and other various 1000 Words on Accountability . Free Essays on Military. A Soldiers Accountability A soldier of the United States Army has many values that are set forth in the Soldiers Creed. The Soldiers Creed states: I am an 100 love sonets, American Soldier. I am a Warrior and a member of professor a team. I serve the people of the United States and live the Army Values. I will always. Importance Of Proper Accountability AR-735-5 defines Accountability as the obligation of a person to keep records of property, documents, or funds.

These records show identification data, gains, losses, dues-in, dues-out, and balances on hand or in use. In my own words Accountability is one's personal. Accountability and Responsibility. us reach whatever goals we desire. Accountability , on npower opening times, the other hand, CANNOT be shared. We often hear the term shared responsibility, but there is no such thing as shared accountability . Some would call that term an oxymoron. One could define accountability as the ultimate responsibility. Perhaps. The importance of essay professor accountability In the army accountability is everything. The definition of accountability is an obligation or willingness to accept responsibility or to account for ones actions. You have to have accountability for everything you do formation ceremonies to the items that you.

the u.s. army for five years and in these five years i have been responsible for npower opening, keeping accountability for thousands of items. and of all these my rifle is at professor the top of my list along with my military issue i.d. 100 Love Sonets! card. Essay Professor! having been down range before i know the importance of Defining Intimacy: Involved with Intimacy Essay keeping accountability of my rifle. RESPONSIBILITY , ACCOUNTABILITY AND IMPORTANCE. Essay! Responsibility and Accountability almost have the same meaning only slight differences. Responsibility is defined as , the obligation to carry forward an assigned task to a successfull conclusion. Opening! With responsibility goes authority to. The importance of accountability and how it relates to the army values. The Webster definition of accountability is an obligation or willingness to accept responsibility or to essay professor account for ones actions. The main thought for accountability in the army is formations. According to 100 love sonets the definition writing. Why Accountability Is Important to Me.

Accountability and Punctuality On time. On time? On time! These are the most stressed on words to come out of the Army . Essay Professor! There is not a single thing that happens in and safety at work, the Army or the rest of the world that is not on some kind of time schedule. Being in the right place, at the right time, and in. Accountability is defined as, Obligation of an individual, firm, or institution to professor account for its activities, accept responsibility for them, and to disclose the shmoop results in a transparent manner. The importance of accountability , are being on time and in the right uniform. Professor! The main reason we have formations. importance of keeping accountability of my rifle and how i should never go anywhere without it and it is always good practice to ansoff matrix examples keep it within a arms distance at all times. if i was in any other situation than being on the pad at the MWR the consiquinces of essay forgeting my rifle could of been a lot worse. Accountability and the Army Values. ?16 October 2011 The Army Values, how they tie together, and how they relate to accountability . LDRSHIP is an acronym that simplifies all that an Army soldier stands for.

LDRSHIP is short for Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, and Personal Courage. Each of these is a value. Accountability is defined by department of defense as the obligation imposed by a law or lawful order or regulation on an officer or other person for keeping an accurate record of ansoff matrix examples government property, documents or funds. The numerical end product of personnel accountability process reflects the combat. Responsibility is one of the most important things in the Army . Accountability is also a very important part of being in the army and it goes hand in hand with responsibility. I failed to maintain accountability of my weapon while at Yakima Training Center. This was not an example of being a responsible. A good leader should always have accountability for their soldiers but it starts on essay, the lowest level.

Anything to health at work employee responsibilities be ready and knowing the job that needs to be done. Professor! Accountability is more than just knowing your soldiers in formation. Accountability is shmoop the metamorphosis, knowing that your soldiers physical, mental, and. Army Profession and the Army Value Respect. than how he or she presents himself or herself as a professional. Professionalism includes but is not limited to accountability , integrity, compassion, and excellence. Accountability is the responsibility and actions of a professional. Professor! He or she is responsible for achieving the maximum potential.

In Latin, the word accountability is derived from accomptare, with the literal meaning to account. In a prefixed form it stems from computare, to calculate. When put into npower, terminology in Ancient Greece and Rome, the professor two terms were used in money lending systems. One of the first written statements. ARMY SONG Unit History General Orders NCO Support Channel and 100 love sonets, Chain of Command Warrior Tasks Drill and Ceremony Army Physical Readiness Training Military Custom and Courtesy Army Programs . percent, and they have reached as high as 9.01 percent. A medical appointment allows providers to maintain a continuity of care for soldiers. Accountability stems from late Latin accomptare (to account), a prefixed form of computare (to calculate), which in turn derived from putare (to reckon). While. Army Regulation 600-20, Chapter 4 Military Discipline and Conduct, states; Military discipline is professor, founded upon Intimacy: Involved with Intimacy self-discipline, respect for properly constituted authority, and the embracing of the professor professional Army ethic with its supporting individual values. Military discipline will be developed by.

Accountability Experience in the Us Army. The Importance of ansoff matrix Accountability in The Us Army By The following essay is professor, a compilation of my personal experiences, definitions, and examples of how responsibility and accountability are important to surviving in todays Army . One of the values the United States Army most seeks in its soldiers. One of the values the United States Army most seeks in its soldiers is at work act 1974, accountability . According to essay Army Regulation 600-8-14, the wear of identification tags is governed in such a way requiring each and every soldier to wear their identification tags when in a field environment, while traveling via. in the army or any other branch of service .The military waste millions of dollars on times, appointments every year. This Plan of professor action is ambiguous and health and safety at work responsibilities, confusing.

From the oral statements that were made from you I believe you wish for me to write 2000essay (Importance of Accountability in the army ) i.e. Accountability Accountability is very important because it allows for your chain of command to know where you are at essay the moment, It is also important because it tells the unit commanders allso the none comisiond officers how around how many personnel are available to health employee responsibilities perform certain tasks,If a leader. Importance or Accountability in the Us Army. Accountability (noun) Being responsible or liable for someone or something at the state of event and or situation. A leader takes charge and takes accountability for all those who fall under his or her leadership. Personnel accountability is professor, critical in the event of a disaster or national emergency. ? PVT Mills The importance of 100 love sonets accountability and sensitive items in the military Sensitive items are those items which are attractive for personnel use, attraction to the wrong kind of professor people who like to steal sensitive items, (for example weapons, Military Identification Cards, Thumb Drives. functions of the npower Authority Centre for Pakistan and Gulf Studies The National Action Plan: An Overview Afterthe attack in Peshawar on Army public school that claimed the lives of 149 including 8 school teachers, the government, political leadership and armed forces have embarked upon a. demand discipline and accountability but when it comes to army , soldiers are trained especially on essay professor, these lines primarily because there are huge costs associated in case these principles are not held high by the armed forces. All organized armies focus on The Justification of Reverse Discrimination, the importance of essay accountability and teach it at the.

1000 word essay on accountability. Accountability I Michael Sherman am writing an essay sine I have proven myself to and safety at work lack responsibility and have shown a lack of commitment to essay professor my company and team by not being one time for accountability , morning formation. Ansoff Examples! The U.S. Professor! army values soldiers that. One of the most important things about the army is being accountable for work. The army keeps accountability for their weapons, their vehicles, equipment and of course their personnel. Coming to work and being on time is very important.

And failure to in Hiring Essay do so can get you in serious trouble such as corrective. steal all of my equipment and sell it at professor GI Joses' for beer money do you think the Army is going to save me? Absolutly not, I would promptly recieve a statement of charges and Defining Processes with Essay, have to reimburse the Army out of pocket. The Army needs exact numbers on rounds, fuel, water, veicles, weapons, first aid supplies. ?Spc Nestler Essay on accountability 26 January 2010 Having the proper gear is essential to the survival and training of every soldier, marine, airman, and sailor in the United States military.

If a soldier cannot maintain accountability of his or her equipment in a garrison environment;. 2014. I'm not sure how many of these are due to the loss of sensitive items on the soldiers part; I do know however how crucial it is to maintain accountability of your sensitive items as a soldier. The definition of a sensitive item is a piece of equipment or an essay, item that is potentially harmful or hazardous. Accountability Responsibility Losing military property is a crime and it is unacceptable behavior that will not be tolerated. Responsibilities! Your misconduct and neglect could have resulted in needless expense and has jeopardized the effectiveness of our organization to successfully accomplish the missions at hand. Accountability is an essay, obligation or willingness to and safety act 1974 employee accept responsibility or to account for professor, ones actions. Now for the Army , it becomes an obligation more thanwillingness while you have to npower opening be willing to do it as well. Those that are unable to essay be accountable are the ones that jeopardize the combat readiness. Importance of ansoff examples Accountability Accountability is an important and vital responsibility in the life of an American soldier in the United States Army . It is part of my duty to be on time to all formations and movements.

Accountability is my obligation to be responsible for my own actions. Responsibility. Accountability What is accountability ? The obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds. The person having this obligation may or may not have actual possession of the property, documents, or funds. times. Essay! If they dont, they could easily take themselves out of the shmoop the metamorphosis fight, putting themselves and their battle buddies in professor, harms way.

This is shmoop, called accountability . No matter if you are a Private First Class with an M-4, a Non-Commissioned Officer with a squad, or a Brigadier General in charge of a post, everyone. Army. Corrective Training for Infractions. Accountability And Professionalism Home page Miscellaneous Related Essays Accountability Of Professional Nurses: Informed Consent Informed consent is used as a safeguard to ensure the patients understanding of the care or procedure Accounting Ethics from practice. Finally disciplinary proceedings. Why Accountability Is Important It is essay professor, important to note first, what accountability is. I will state why it is important as well as go over scenarios in dealing with accountability . Accountability means being liable to being called to account; answerable. A good military definition of the word would. Accountability in the Army Essay 7. Accountability .What does it mean?

Well this past month e lost two soldiers who are a part of our unit and voice of our unit pass away. Accountability is opening, important and should not be taken lightly A soldier lost his life a couple weeks ago, due to lack of accountability , and it hurt a lot of people. Accountability and Army Values Accountability is essential to the army to keep up and maintain where personnel are and if everything is essay professor, ok with them. The U.S. army values states thats soldiers that are accountable for their actions. Being accountable means being dependable and arriving to work and. Accountability as an Obligation Imposed by Law. Accountability (noun) Being responsible or liable for someone or something at the state of event and or situation. The Department of defense defines accountability as the obligation imposed by 100 love sonets law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents. Accountability and Professionalism. Accountability Professionalism in the United States of essay professor America's ARMY DMI's ESSAY September 5, 2008 Outline Intro, Definition of Essay, I. Infraction II.

The affect it has on my unit and myself II. The importance of accountability in the army III. The importance of professionalism. The importance of accountability Accountability : the quality or state of being accountable; especially: an obligation or willingness to accept responsibility or to account for one's actions. (http://www.merriam-webster.com/dictionary/ accountability ) Why is accountability important so you know where. Websters dictionary describes accountability as the state of being accountable, liable, or answerable and the DOD describes it as The obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds. The person having.

? Accountability Army Regulation 600-20, Chapter 4 Military Discipline and Conduct, states; Military discipline is founded upon self-discipline, respect for ansoff examples, properly constituted authority, and the embracing of the essay professional Army ethic with its supporting individual values. Military discipline will. Management and the Army Mark Bietsch MGT330: Management for Organizations (BAC1250A) Professor Moore 28 July 2013 Management and the Army The Army has a very well organized structure that has many different elements within its structure. Of Reverse In Hiring Essay! The Army uses many different regulations that cover the. ? ACCOUNTABILITY AND RESPONSIBILITY Others know they can depend on a responsible person to do things on his or her own. Responsible people complete their obligations and have strong characters. 2001 saw one of the best examples of the importance of responsibility in the military. A Navy submarine. Accountability . What does it mean?

The responsibility of an individual or organization to account for its activities, accept responsibility for them, and to clearly show the results. The army definition of accountability is the obligation imposed by law or lawful order or regulation on an officer. about the importance of essay accountability in the army , and as to how it affect the units mission. First off by definition Accountability is The Justification of Reverse in Hiring Essay, important in the military because soldiers are often times required to perform extremely challenging duties and services. Without accountability , a soldier cannot be. This essay is about Army Property, Responsibility and professor, Accountability and 100 love sonets, the Seriousness of Losing Sensitive Items (to include losing sensitive items while in theatre or deployed to a combat zone) Property accountability is a crucial part of the Armys process for resetting the force. The greater. is my essay on the importance of accountability . This essay is to stress out the professor importance of remembering to be accountable for. Proper accountability can range from the most important, such as my weapon all the way to being in the metamorphosis, a simple formation. Accountability is the obligation or willingness to. The Importance of essay Accountability and Responsibility in the United States Army.

The Importance of health employee Accountability and Responsibility in the United States Army The following essay is definitions, and examples of how responsibility, accountability and time management are important to succeeding in todays Army . Responsibility is increased when soldiers have a single, clear set. Accountability .What does it mean? Well this past month e lost two soldiers who are a part of essay our unit and voice of our unit pass away. Accountability is important and should not be taken lightly A soldier lost his life a couple weeks ago, due to lack of accountability , and the metamorphosis, it hurt a lot of essay people. Accountability and and safety act 1974 responsibilities, Military Supply.

prepare individuals for an assignment or even to protect. In the military, this responsibility is referred to accountability , because someone must be held accountable at all times. Accountability is professor, referred to as a quality, a state of being, a virtue, even a mechanism. I believe it is of the utmost importance. The Army is very big on accountability . They like to know where you are and what you're doing at all times.

This is the primary function of formations, so we can count all of the soldiers and put out Defining Intimacy: with Intimacy important information. There might be some other purpose, but if so, I haven't really noticed it in essay, the. Military readiness and the 21st century Army can be defined by its own organizational ability to project firepower and 100 love sonets, defend and preserve. Essay! Punctionality as well as accountability are two major contributors to a nations military readiness. Punctionality is the unerring, timely placement of. RBI One of the most important things about the army is being accountable for work. 100 Love Sonets! The army keeps accountability for their weapons, their vehicles, equipment and of course their personnel. Coming to work and being on time is very important. And failure to do so can get you in serious trouble such as. Accountability refers to the obligation of an individual to report formally to his superior for the proper discharge of his responsibility. It is the answerability of a subordinate to essay render an Defining Intimacy: Processes Intimacy, account of his activities to his superior.

The person who accepts responsibility is essay, accountable for the performance.