-Stalking By Proxy

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"A person falsely accused of committing a crime faces many of the same challenges as a guilty criminal defendant and has the same, if not an even greater, need for competent legal counsel. If the charges are ultimately dismissed or a not-guilty verdict is reached, the person falsely accused may be able to turn back to the court for recourse. Importantly, however, before contemplating a civil suit the falsely accused individual must focus on defending against the criminal charges." Jonathan Kaye, former prosecutor.

Educate Yourself To Counter Victimization

Your Constitutional Rights

Know Your Rights: A Guide To The United States Constitution provides critical information. Page 9 explains the rights of the accused.  Download this resource: It includes a comprehensive explaination of due process.

 

Due Process

The due process clauses in the Constitution protect all people, both citizens and non-citizens, by requiring both state and federal governments to follow procedural mechanisms when attempting to take an individual’s life, liberty, or property.

 

Procedural Due Process

Pursuant to the due process clause in the Fifth and Fourteenth Amendment, government entities, including state and federal agencies, must follow certain procedures before taking action that affects an individual’s life, liberty, or property. Those procedures allow an individual the opportunity to be heard and thereby influence the outcome of the government’s action. They also serve as a safeguard against unfair deprivation. More than a century of Supreme Court decisions have helped define when an individualized proceeding is required, what constitutes protected liberty and property interests, and what processes must be in place for a fair procedure.

 

The Fifth and Fourteenth Amendment enumerate life, liberty, and property as interests worthy of due process protection. Criminal proceedings resulting in imprisonment or capital punishment are the most frequent government actions that may lead to deprivation of life. In fact, the procedural due process requirements in criminal cases are so important that most were made part of the Constitution itself, including the right to a jury trial, the right to counsel, and the right against self-incrimination, among others.

 

"The Sixth Amendment provides additional due process rights to people accused of crimes. It requires that those accused be told the exact nature of the charges against them, and it guarantees them the right to a trial by a jury of their peers. The accused may also request to be tried by a judge alone. If an accused person requests a jury trial, the trial must be speedy and public, and the jurors must be impartial. Typically, the trial will be held in the same district where the crime was committed. Furthermore, the accused—or his lawyer—has the right to hear and question all prosecution witnesses and may also call witnesses for the defense. In addition, accused individuals are entitled to a lawyer, and the Supreme Court ruled in Gideon v. Wainwright (1963), that the government must provide a lawyer and pay the lawyer’s fees if the accused cannot afford counsel."

 

Source: U.S. Dept of Justice: Learn More.     You May Also Appreciate This Resource ~ The Bill of Rights.

A Comprehensive Resource On The 14 Ammendment Resource:

The guide below produced by the U.S. Goverment Publishing Offices is a remarable find. You'll learn a ton about the 14 Ammendment and due process.  By learning more you will come up with new ways to protect yourself from your stalker and her use of Stalking by Proxy.  You need to know as much as you can to protect yourself.  By doing so you can come out of this learning how to empower your live in other ways, and your community.

 

14th Amendment US Constitution

Rights Guaranteed Privileges and Immunities of Citizenship,

Due Process and Equal Protection And Equal Protection

Download this resource

Human Rights ~ The Police ~ Stalking By Proxy:

Human Rights Standards And Practice Policy For Police:

The guide below was produced by the OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS remarkable find. This guide was written for police officers to help them understand human rights. But, since the nation's policing systems do not always rely on sound, ethical, decisions about the human rights of citizens this guide has proven to be more useful to our Stalking by Proxy community and the public.  It is also useful to those who are targeted and often oppressed by the police. overall.

 

Its opening note reads:  This guide is designed to be a readily accessible and portable reference for police officers. It is organized into major human rights topics of concern to the police, such as investigations, arrest, detention and the use of force. Under each topic, there is a section summarizing the relevant international human rights standards, followed by a “practice” section containing recommendations for applying those standards. The sources for the human rights standards and practice are listed at the end of the guide.  They include the principal United Nations human rights treaties and the many specialized declarations and bodies of principles on law enforcement which have been adopted by the United Nations.

 

Material contained in this publication may be freely quoted or reprinted, provided credit is given and a copy of the publication containing the reprinted material is sent to the Office of the United Nations High Commissioner for Human Rights, Palais des Nations, 8-14 avenue de la Paix, CH-1211 Geneva 10, Switzerland.

 

Sections of the guide:

Application of General Human Rights Principles .. 1

Ethical and Legal Conduct ..................................... 2

Policing in Democracies ......................................... 4

Non-Discrimination in Law Enforcement .............. 7

Police Investigations ............................................... 10

Arrest ...................................................................... 13

Detention ................................................................ 17

Use of Force and Firearms ..................................... 23

Civil Disorder, States of Emergency and Armed

Conflict ............................................................... 28

Protection of Juveniles ........................................... 38

The Human Rights of Women ................................ 42

Refugees and Non-Nationals .................................. 47

The Human Rights of Victims ................................ 52

Police Command and Management ........................ 55

Community Policing ............................................... 58

Police Violations of Human Rights ........................ 59

Sources for Human Rights Standards and Practice .... 63

 

Professional Training Series No. 5/Add.3

Human Rights Standards and Practice for the Police

Expanded Pocket Book on Human Rights for the Police

Download this resource

In order for Stalking By Proxy to be effective, the stalker has to start with contacting and communication with the police.  This is her first ally.  The stalker's army starts to build from there, steadily leading to the pushing forward of her false allegation.  Even though New York State's website for the Prevention of Domestic Violence says that Domestic Violence cases should be investigated like any other crime, within the state and across the nation this rarely happens.  From the initial lie, a prosecutor can build a case on what the stalker has stated. In the case of working-class men, prosecutors in New York State's Capital District often communicate with the target's employer to make sure he is without employment. Often, no one will hire the target because of the pending charges. This economic hardship forces disadvantaged males to accept pleas.  The problem is accepting a plea makes it easier to allow both the stalker and the police to place the male in jail at a later date.  The stalker accomplishes this by adding false allegations despite a lack of evidence. She relies on sympathy for legitimate domestic abuse victims to promote herself as one of them. Since the stalker is also the target's former intimate partner she will know many personal details about his life. She is, therefore, able to insert herself into one or more areas of his life without his knowledge or consent.  This makes it possible for her to use more false allegations to trigger an arrest. This is why Stalking by Proxy is such a dangerous weapon against a male survivor of intimate partner violence and stalking.

 

In New York State's Capital District the place you would least expect blatant oppression and complicity in Stalking By Proxy cases, targets are deliberately paired with grossly incompetent counsel. This outcome is not possible without the abuse of power, incompetence, and the violation of male victim's human rights by the police followed by morally disabled prosecutors and judges in the Capital District County. So, we must start with making sure we are aware of our/your human rights and how it applies to the actions of police and police systems.

Your Rights And Law Enforcement Encounters

A Know Your Rights Guide for Law Enforcement Encounters by national lawyers guild.

 

Whether or not you’re a citizen, you have rights under the United States Constitution. The Fifth Amendment gives every person the right to remain silent: not to answer questions asked by a police officer or government agent. The Fourth Amendment restricts the government’s power to enter and search your home or workplace, although there are many exceptions and new laws have expanded the government’s power to conduct surveillance. The First Amendment protects your right to speak freely and to advocate for social change.

 

Download this resource:

Civil Rights: Addressing Police Misconduct Laws

Enforced By The Department Of Justice.

What is the difference between criminal and civil cases? Criminal and civil laws are different. Criminal cases usually are investigated and handled separately from civil cases, even if they concern the same incident. In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency. In a criminal case, the evidence must establish proof "beyond a reasonable doubt," while in civil cases the proof need only satisfy the lower standard of a "preponderance of the evidence." Finally, in criminal cases, DOJ seeks to punish a wrongdoer for past misconduct through imprisonment or other sanction. In civil cases, DOJ seeks to correct a law enforcement agency's policies and practices that fostered the misconduct and, where appropriate, may require individual relief for the victim(s).

Federal Criminal Enforcement:"Police Misconduct Provision:

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. § 14141). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

Federal Criminal Enforcement: "Color of law"

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.  What remedies are available under these laws? Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

Title VI of the Civil Rights Act of 1964

and the "OJP Program Statute"

 

Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice. (42 U.S.C. § 2000d, et seq. and 42 U.S.C. § 3789d(c)). Currently, most persons are served by a law enforcement agency that receives DOJ funds. These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, unjustified arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, use of excessive force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers. What remedies are available under these laws? DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim(s). Individuals also have a private right of action under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. However, you must first exhaust your administrative remedies by filing a complaint with DOJ if you wish to file in Federal Court under the OJP Program Statute.

Title II of the Americans with Disabilities Act of 1990

and Section 504 of the Rehabilitation Act of 1973

 

The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

 

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies.

 

These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation. What remedies are available under these laws? If appropriate, DOJ may seek individual relief for the victim(s), in addition to changes in the policies and procedures of the law enforcement agency. Individuals have a private right of action under both the ADA and Section 504; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first.