Current Shareware 1994 January/SHAR194.ISO/textfile/crmftr1b.zip/CRIMEFTR.028

Text File | 1993-07-15 | 19KB | 358 lines

                             Reward Law Reform
                      (and How to Calculate Rewards)

            Eight major problems with current reward laws are:

(1) Excessive cost to amend State and federal (reward) laws every year. As
a result many such laws are seldom updated. Specific dollar amount for
rewards aren't increased as often as they should be to keep up with
inflation to make the amount relevant to the times and increasing risks.
Such reward laws wither on the vine. They are no longer effective or used.

(2) Too many variations of reward laws so that they're buried in different
Titles and Sections of the law. By including them within the framework of
specific laws, one at a time, here, there and anywhere, they effectively
buried them. Very few laymen, law officers, or lawyers know they exist.
There should be only one such State or Federal reward law for all felonies
and serious misdemeanors.

(3) Paying rewards at the "discretion" of government agents. I understand
the need to size the reward in proportion to the amount of time, expense,
and personal risk of the informer. That's fair enough and what was
obviously intended by lawmakers. But, this phrase has an ambiguous effect,
and seriously detracts from the intended incentive of rewards. It also
makes negotiations for suitable rewards a prerequisite to disclosure, which
isn't always possible or practical, and encourages shopping for rewards.

(4) Paying rewards upon conviction. Rewards should always be paid upon the
arrest, as in USCS 3059. The requirement of a conviction further decreases
the incentives because of the long delays which often include appeals and
may take years to get a conviction. In the meantime, witnesses "disappear,"
evidence is often lost, and the case eventually dismissed. When a person
knows he may have to wait many years, and is also subject to errors and
omissions from prosecutors and others who are beyond his control, it
significantly detracts from the incentive rewards are supposed to provide.

(5) There are very few Federal or State rewards paid for information on
"serious" misdemeanors. Poachers, for example, are extremely dangerous.
(Game wardens are seven times more likely to be shot at and nine times more
likely to die as a result of injuries sustained than regular police
officers.) Yet poaching is "just" a misdemeanor by itself. Knowing the risk
and small rewards paid, it's just not smart for a citizen to take big
risks for small rewards of about $250 paid by Operation Game Thief.

Drunk driving is "just" a misdemeanor for the first two or three offenses,
but drunk drivers kill and maim thousands of innocent people every year.
Enforcement is minimal. The odds of being caught are about 1,000 to 1.
But there are no rewards to encourage citizens to hound and harrass drunk
drivers. There should be. The CrimeFighters' DDT Patrol will be more
effective than once-a-year setting up drunk driver "check points" and
stopping hundreds of innocent drivers to catch a very small percentage of
seasonal drunk drivers.

Police and federal agents don't want to waste their time on small fry (or
misdemeanors) so they are pretty much left alone. That encourages more
misdemeanor violations, creates disrespect for the law, and usually leads
to more serious felony violations.

(6) Non-negotiable rewards.  If rewards aren't negotiated, payment can be
anything bureaucrats may, arbitrarily, decide how much to pay. Negotiating
for serious rewards is required and recommended. But, there may be times
when immediate action is required and there is no time to negotiate. If
there is no written agreement, there is no obligation to pay. The need to
negotiate rewards is evident, but not always practical -- thereby reducing
incentives to take immediate action and risks to apprehend lawbreakers.

(7) Requirement to report to specific bodies.  Most rewards are contingent
of reporting the information to the appropriate branch of government and
letting them make the arrests and prosecutions. If they are bypassed by
reporting the vital information to the police department, Crime Stoppers or
WE-TIP, the reward won't be paid. This causes confusion. Who should it be
reported to? If you guess wrong, instead of a possible $25,000 reward from
the FBI, all you might get is $250 from Crime Stoppers or WE-TIP. There
should be only one place to report serious criminal activity, such as the
FBI, regardless of which department may have jurisdiction.

Ideally, using the phone and dialing 911 should be the first place to
report ALL criminal activity pending or in progress to get the fastest
action to make more arrests. But, if you dial 911, you lose any rewards
payable. Present reporting requirements discourage immediate response.

(8) Sharing rewards.  Most federal and state forfeiture laws mention the
sharing of fines and forfeitures. In most reward laws, half is paid to the
informer and half paid into a fund from which the law enforcement agency
responsible for the prosecution may draw upon the fund for future law
enforcement purposes. The annual surplus, if any, is paid to the state or
federal government.

If State reward laws are not enhanced, CrimeFighters will use federal laws,
with 50% of the fines and forfeitures going to the Federal government.
That's fair, because they pay the rewards. But communities suffer from the
effects of crime. They need the money for local law enforcement.

If city, county or state governments want to share in the rewards, often
millions of dollars per case, they should pass a reward law that will make
it more attractive for CrimeFighters to use County or State reward laws for
prosecution. When they don't have such a law, they will lose these funds to
the Federal government.
                        Reward Law Recommendations

Add a new State law via initiatives, or ask legislators to introduce a bill
to make ONE state reward law to replace all Federal reward laws. That's far
easier than trying to get the Federal government to revise a dozen or more
complex laws relating to sentencing and payment of rewards.

The following State reward law would eliminate the necessity of changing
dozens of existing Federal laws; eliminate the need for negotiation; have
only one place (911) to expedite report of criminal activity; would give
full credit and realistic rewards to provide maximum incentives; have a
specific amount and reasonable payment time to make it attractive and
effective; We-Tip, CrimeStoppers and similar organizations would still be
active in the same manner as they are now, to provide confidentiality when
desired, but could advertise significantly larger state rewards without
having to obtain reward money via donations and fund raising events.

                   A (Proposed) Crime Fighter Reward Law

(1) Any person, not a law enforcement officer of any state or federal
government, who supplies original information directly or indirectly to
any law enforcement agency, which leads to the arrest of a lawbreaker,
or successful prosecution of a civil suit of any individual or business
organization for any violation of a state felony or misdemeanor law, shall
be paid a monetary reward and an equal share of any fines and forfeitures
collected by the court.

(a) The reward to be calculated at the rate of $1,000 for each year, or
proportionately for any fraction thereof, of the maximum jail sentence
possible according to the penalties prescribed by Title 18 USCS 3581, (or
the Revised Statutes of the state), for the class of felony or misdemeanor
committed.

(b) The above reward amount to be paid within 30 days after the arrest of
lawbreakers and based on the original charges deemed appropriate and
supported by evidence obtained by the arresting officers or citizens.

(c) Regardless of the outcome of the case, whether the original charges are
later dismissed or reduced by the prosecutor by plea bargaining, or the
prosecutor fails to obtain a conviction, or if the sentence or fine, or
both, are dismissed, suspended or deferred by the court, the reward in (a)
shall not be reduced or withheld from payment.

(d) When multiple sentences are possible, the largest individual sentence
possible for each defendant shall be used to calculate the reward.

(e) When two or more persons are arrested for the same or directly related
criminal activity, or fines and forfeitures are levied against two or more
persons or business entities, the reward shall be based on their combined
largest individual sentences and on all fines and forfeitures.

(f) Payment of the above reward to be made, within 30 days after the
arrest, by the state Attorney General.

(g) The court shall pay the crime fighter half of any fines and forfeitures
within 30 days after they are collected or paid to the court. The other
half of all fines and forfeitures shall be paid to the police department or
law enforcement agency that is in charge of the of the prosecution.

(h) When the items forfeited are prohibited items that can not be sold or
legally used, such as, but not limited to, machineguns, drugs, marijuana,
or other prohibited items, they shall be retained by the law enforcement
agency involved for law enforcement purposes, drugs may be sold to
hospitals, or destroyed. In such an event, the crime fighter shall be paid
a bonus reward of 25% of the estimated retail value of all such prohibited
items seized. The retail value of such items to be calculated by the
prosecutor immediately after the arrest and forfeiture of the prohibited
items. This bonus payment shall be paid to the crime fighter within 30 days
after the arrest.

(i) In the event the forfeited items are perishable or subject to rapid
depreciation or storage and insurance costs, either the crime fighter or
the law enforcement agency involved shall be authorized to take delivery of
any such forfeited items and sell them at the best possible price. The
proceeds of such sale shall be shared by both parties on an equal basis.

(j) Recognizing that sentences may remain the same for many years with the
same effect and result but a dollar gradually depreciates in value, the
dollar amounts mentioned in (a) shall be increased each year, on January
1st, by the same annual percentage of the Consumer Price Index, rounded to
the nearest multiple of $100, $1,000, $5,000 or $10,000, as appropriate, to
maintain current value and effectiveness of this reward law.

                                * * * * * *

Memo to lawmakers: Title 28 USCS 2461 is a sample of how civil monetary
penalties laws are updated via the Consumer Price Index.  It provides a
useful formula for rounding a fine to the nearest multiple of $100 or
$1,000. Unfortunately, it doesn't apply to fines for criminal offenses.

The Comprehensive Crime Control Act of 1984 and other Criminal Statutes
enacted by the 98th Congress, has revised and updated most of the major
criminal laws. However, many smaller, or less important reward laws are
overlooked. Updates usually take about ten years. In the meantime, the
overlooked laws "shrink" with inflation and wither on the vine

                                * * * * * *

                   Calculating CrimeFighter Rewards/Awards
                         Prison Terms: Guidelines

State laws vary but are similar to Federal laws. Use the following as
guidelines. I've added a dollar amount in brackets ($x,xxx) to show the
proposed CrimeFighter's reward. A possible sentence of "life" would be
provide a $50,000 reward to keep it in proportion to the other rewards.

                            Title 18 USCS 3581

(a) In general. A defendant who has been found guilty of an offense may be
sentenced to a term of imprisonment.

(b) Authorized terms. The authorized terms of imprisonment are -

(1) for a Class A felony, the duration of the defendant's life or any
period of time; ($50,000)
(2) for a Class B felony, not more than twenty-five years; ($25,000)
(3) for a Class C felony, not more than twelve years; ($12,000)
(4) for a Class D felony, not more than six years; ($6,000)
(5) for a Class E felony, not more than three years; ($3,000)
(6) for a Class A misdemeanor, not more than one year; ($1,000)
(7) for a Class B misdemeanor, not more than six months; ($500)
(8) for a Class C misdemeanor, not more than thirty days; ($100) and
(9) for an infraction, not more than five days. ($0)

(A similar listing of fines and forfeitures is listed in Chapter 5. They
are repeated here for your convenience. Chapter 10 lists sentences and
fines for drug related offenses.)


18 USCS 3571  Sentence of fine.

(a) In general. A defendant who has been found guilty of an offense may be
sentenced to pay a fine.

(b) Fines for individuals. Except as provided in this subsection

(e) of this section, an individual who has been found guilty of an offense
may be fined not more than the greatest of -

(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than
    $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more
    than $5,000; or
(7) for an infraction, not more than $5,000.

(c) Fines for organizations. Except as provided in subsection (e) of this
section, an organization that has been found guilty of an offense may be
fined not more than the greatest of -

(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more than
    $200,000;
(6) for a Class B or C misdemeanor that does not result in death, not more
    than $10,000; or
(7) for an infraction, not more than $10,000.

(d) Alternative fines based on gain or loss. If any person derives
pecuniary gain from the offense, or if the offense results in pecuniary
loss to a person other than the defendant, the defendant may be fined not
more than the greater of twice the gross gain or twice the gross loss,
unless imposition of a fine under this subsection would unduly complicate
or prolong the sentencing process.

(e) Special rule for lower fine specified in substantive provisions. If a
law setting forth an offense specifies no fine or a fine that is lower than
the fine otherwise applicable under this section and such law, by specific
reference, exempts the offense from the applicability of the fine otherwise
applicable under this section, the defendant may not be fined more than the
amount specified in the law setting forth the offense."

                                * * * * * *

Comment: Note that under ordinary law, sub-paragraph (d) allows a fine to
be doubled, as in a case of fraud or swindle, such as those often used by
con artists and unethical businesses via illegal practices. Also note that
organizations also pay twice as much in fines resulting in a maximum fine
of up to four times the illegal profit. However, the amount and imposition
of fines are contingent on individual personal or business finances of the
defendant.

Note: The above fines are based on Federal law. Compare your State law on
fines and forfeitures to see which is the best to use. If state (reward)
laws are weak or non-existent, hound, harry and harrass your lawmakers to
do something about it. Having strong, effective reward laws is the first
step to recruit 100,000 or more crime fighters to fight the war on crime.

                Crime Stoppers' and We-Tip's Participation

When such a law is passed, all misdemeanors and felonies could be reported
to the local Chapter of Crime Stoppers or We-Tip. They would relay the
information to local police departments the same as they do now. The
difference would be: no need for any negotiations; no need to shop for
rewards; and no need for the CrimeFighter to worry that rewards won't be
paid because someone else makes a mistake or makes a deal with the D.A.

In emergencies, such as witnessing a crime or warning of a pending crime,
911 could be used to get immediate action. The switchboard operator would
first ask for details to initiate an immediate police response, then the
operator would ask for the CrimeFighter's name and address. If the tipster
wants to retain confidentiality, the operator would assign a number to the
case and advise the CrimeFighter to quote that number when they contact We-
Tip or Crime Stoppers for payment of rewards. We-Tip, CrimeStoppers and
similar organizations could, when asked, apply for the reward on behalf of
the anonymous caller, make a cash payment, and provide confidentiality.

CrimeFighters will know they will receive at least a minimum reward and
perhaps more, depending on the severity of the crime and related sentence,
as well as the possibility of their sharing in fines and forfeitures.

When a State law similar to the above is passed, CrimeFighters would be
eligible for the equivalent of federal laws and rewards; CrimeFighters
could perform the (simple) role of prosecutor for all guilty pleas that
doesn't require a jury trial. Or, when a jury trial is required, and there
is sufficient financial incentive, CrimeFighters would be encouraged to
hire their own lawyers to be their assistant prosecutors. In both cases, it
relieves about 90% of the cases sent to the state prosecutor; Rent-a-Judges
could be used to do the sentencing of those who plead guilty, reducing the
number of cases heard by regular judges; and local police departments would
share in the fines and forfeitures to help offset their operating costs.

                     Recommendation for CrimeFighters

Until State laws are changed, the best way to protect your financial
interests is to assert your right to be the official prosecutor. If any
plea bargaining is done, it should be under your control.

An analysis should be made to ascertain which Federal law provides the
maximum reward. When the lawbreaker has significant assets, and the law
provides for fines and forfeitures, the reward to a CrimeFighter may be
considerably larger through fines and forfeitures via RICO and USCS 3059
than weak or non-existent State (reward) laws.

Most State reward laws are way out of date, pay piddly amounts, if and when
they pay any. When Federal laws can be used, use them for best results.

                            F9 for next Chapter