Legal Rights of Persons ‘with Disabilities

EMPLOYMENT

This chapter discusses state and federal statutes which promote access to employment opportunities for individuals with disabilities.

I. STATE LAW

The Fair Employment and Housing Act (FEHA) protects the right of individuals to seek, obtain, and hold employment without discrimination on the basis of physical or mental disability or medical condition. It also prohibits retaliation against a person who has opposed unlawful discriminatory practices under the FEHA or participated in an investigation into unlawful employment practices. (Gov. Code, ' 12940, subd. (h).) The FEHA also prohibits harassment on the basis of a person=s disability. (Gov. Code, ' 12940, subd. (j).)

A. Definition of Disability and Medical Condition

1. Disability

The definition of "disability" under the FEHA includes both physical and mental disabilities.

a. Physical disability

Physical disability includes having any physiological disease, disorder, condition, cosmetic disfigurement or anatomical loss, or having a record of such impairment, or being regarding as having or having had such an impairment, that:

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Information Concerning Out-of-State Prisoners

Recent Developments Regarding Out-of-State Transfers

October 2006 – The Governor’s Proclamation

The California Department of Corrections and Rehabilitation (CDCR) is facing an overcrowding crisis. On October 4, 2006, Governor Schwarzenegger declared a state of emergency and issued a Proclamation on overcrowding. The Proclamation recognized that the current level of overcrowding threatens the health and safety of prisoners and prison staff. To address the overcrowding crisis, the Governor ordered CDCR officials to enter into contracts to transfer adult California prisoners to out-of-state prisons operated by private companies or by state or county agencies. The Governor ordered that the CDCR start by transferring prisoners who volunteer for out-of-state placement. The Governor’s Proclamation also over-rode the theneffective version of Penal Code § 11191, which stated that no prisoner could be transferred to serve a California sentence prison in another state without the prisoner’s written consent the Proclamation authorized the CDCR to transfer prisoners involuntarily if the CDCR deemed such transfers to be

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Overview of the Interstate Compact Process

About the Commission

Developed in 1937 and designed to regulate the movement of probationers and parolees across state lines, the Interstate Commission for Adult Offender Supervision (ICAOS) is enacted in all 50 states and three U.S. territories (District of Columbia, U.S. Virgin Islands, and Puerto Rico). Revised in 2002, the compact provides states the authority, accountability, and resources to track the supervision of offenders who move across state lines, thereby enhancing public safety and offender accountability. ICAOS has become a powerful and adaptive tool for promoting and ensuring cooperative action among the states and a single standard of supervision for offenders.

Mission Statement

The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective supervision strategies consistent with public safety, offender accountability, and victims’ rights.

Compact Organization

Governor appointed commissioners in every state act on behalf of the state, region, and broader national interest to promote the

Additional Resorurce: Interstate Commission for Adult Offender Supervision

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No Body Murder Investigations

“How can you prosecute a murder without the body?” I cannot count the number of times I have been asked this question over the past ten years. My answer has always been the same: “Yes, it can be done and has been done, more times than you think.” If murder is the ultimate crime, then a “nobody” murder is the ultimate murder. In our nation’s history there have been just under 400 no-body murder trials, that is, trials where the victim’s body has never been found. Now, for the first time ever, this book will provide a practical guide for police and prosecutors facing the challenges in these cases. This book takes an expansive look at both the history of no-body murder cases and the best methods to solve and try them. I will take the reader step by step from the first days of a homicide investigation through the trial

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How To Find Hidden Cameras

1 Introduction

During the last few years the number of surveillance cameras has grown out of bounds. Cameras have been installed in many public and semi-public places such as universities [1], streets, supermarkets, gas stations, parking garages, cinemas, bars, shops, busses, train stations and even discos. About 25 million CCTV cameras are estimated to be in operation worldwide at the time of writing [2]. Some countries, notably Great Britain, are trying to fully cover every corner of public life with cameras. The Privacy International CCTV page [3] states that between 225 and 450 Million Dollars are spent on surveillance technology in Britain per year, involving an estimated 300.000 cameras. These efforts result in a person driving through the city of London being filmed at least once every five minutes [4]. In the near future cameras may even be installed in all taxis, keeping an eye on the passengers [5]. In Houston, Texas, about 400 cabs have been equipped with such cameras [6]

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Tiger Kidnap – The Threat To The Uk Banking Sector

In recent years tiger kidnap has continued to present a serious threat to companies in the United Kingdom and internationally. Recorded figures have shown that since 2003 there has been a yearly increase in this type of offence within the UK , culminating in a substantial 300% increase to 2006, with those businesses operating in the financial sector most at risk. Within Europe, figures released recently by Belgian law enforcement agencies indicate a 1500% increase in this type of offence with a substantial increase in the targeting of businesses within the banking sector (91%, 29 in 2006). The profile of tiger kidnap has been raised recently thanks to the headline-grabbing losses incurred and dramatic nature of incidents such as the Northern Bank raid2 in 2004 in Northern Ireland and more recently the Securitas raid in Tonbridge, Kent in 2006. The banking sector has traditionally been the primary target for tiger kidnap, due to the perceived cash holdings of premises, physical security i

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Public and Private Applications of Video Surveillance

Executive Summary

At the request of the Senate Committee on Privacy, chaired by Senator Steve Peace, in this report the California Research Bureau (CRB) presents a survey of Close-Circuit Television (CCTV) and biometric security systems used in the United States and in other countries. We find that an increasing number of cities, schools, transit districts and public housing are deploying CCTV surveillance systems to monitor and protect the public. Our first survey, in 1997, found that only 13 city police departments in the country used CCTV video surveillance systems, primarily to monitor pedestrian traffic in downtown and residential districts. Technological advances, declining costs, and heightened security concerns following the September 11, 2001, terrorist attacks have led to rapid diffusion of both CCTV surveillance and biometric technologies. For example, CCTV video surveillance is widely used in public schools to monitor student movement and detect illegal activity, and at street intersections to catch cars running red lights. Private sector applications greatly

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Special Forces Tracking and Countertracking

INTRODUCTION

1-1. This TC describes traditional tracking through rural terrain and, to a lesser extent, discusses urban tracking. Understanding the ancient art and science of tracking lays a firm foundation for a variety of activities useful in SF operations. A Soldier trained in tracking techniques can use deception maneuvers that minimize telltale signs and throw off or confuse poorly trained trackers who do not have the experience to spot the signs of a deception.

1-2. An understanding of the thought processes and the TTP used in traditional tracking are useful as an adjunct to and a basis for understanding an array of modern, technologically-based tracking activities. Traditionally, tracking has been defined as the art of being able to follow people or animals by the signs they leave when they move. Today, it is possible to track the enemies of the United States through electronic means, such as the equipment used with...

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Synthesis Of Natural Arm Swing Motion In Human Bipedal Walking

Abstract

It has historically been believed that the role of arm motion during walking is related to balancing. Arm motion during natural walking is distinguished in that each arm swing is with the motion of the opposing leg. Although this arm swing motion is generated naturally during bipedal walking, it is interesting to note that the arm swing motion is not necessary for stable walking. This paper attempts to explain the contribution of out-of-phase arm swing in human bipedal walking. Consequently, a human motion control methodology that generates this arm swing motion during walking is proposed. The relationship between arm swing and reaction moment about the vertical axis of the foot is explained in the context of the dynamics of a multi-body articulated system. From this understanding, it is reasoned that arm swing is the result of an effort to reduce the reaction moment about the vertical axis of the foot while the torso and legs are being controlled. This idea is applied to the

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Control And Function Of Arm Swing In Human Walking And Running

INTRODUCTION

Arm swing is a distinctive readily apparent characteristic of human walking and running. Our arms tend to swing out of phase with our legs, the right arm swinging forward with the left leg and vice versa. Although it has long been established that the arms do not swing as simple, unrestrained pendulums (Elftman, 1939; Fernandez Ballesteros et al., 1965; Jackson et al., 1978; Hinrichs, 1987; Ohsato, 1993; Webb et al., 1994; Gutnik et al., 2005), the extent to which the shoulder muscles actively drive the arms, and the effect of arm swing on stability and economy during walking and running are poorly understood. In this paper, we examined the control of arm swing during walking and running, and investigated the effect of restricting arm swing on stability and metabolic cost. In a seminal study examining the movements of the torso and arms during walking, Elftman suggested that the arms did not move as simple pendulums, but instead were driven by muscle activation

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The Relationship Between Arm Movement and Walking Stability in Bipedal Walking

Abstract.

The research about the bipedal locomotion is advanced in all fields at present. To the research of those fields, a quantitative analysis of human’s walking characteristic is indispensable. However, bipedal locomotion analysis has been performed focusing on lower limbs, and, as for research of the arm swing operation is not performed nevertheless it importance is generally told. The reason for it is to be assumed that the arm is not a necessary a part for locomotion. But it can be guessed that the arm swing operation having done a certain role about the stability of a walk which is very unstable physically. When running, the human clearly draws the arm greatly and quickly. This suggests the arm swing operation is related with the change of walking form and the move speed of the locomotion, and it influences the stability of a walk. This method becomes the useful analysis technique also not only to the above mentioned research but to the

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Killing The Beloved: Homicide Between Adult Sexual Intimates

When a couple marry and repeat their vows, often including the preceding lines, who would imagine that for some of them the 'death' that will sever the marital tie would be the result of the other's action? That one day, perhaps in a moment of rage, the once beloved partner will pick up a gun or knife and kill. Just in a nine-month period, a spate of these tragic acts, which included the suicide of the offender (and thus received a good deal of publicity), took place throughout Australia: October 1990, Sydney, man kills his wife, mother-in-law and himself; December 1990, Canberra, estranged husband killed wife, two children and himself; January 1991, Adelaide, woman and three children killed, husband missing; January 1991, Brisbane, estranged husband kills former de facto, father-in-law, his 11-month old baby and himself; May 1991, Adelaide, man kills his defacto and himself; June 1991, Tasmania, man kills his girlfriend and himself....

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Tackling Youth Knife Crime

introduction

We are determined to get knives off our streets. One incident is one too many. The Tackling Knives Action Programme (TKAP) was developed by the Home Office, working closely with other government departments and key stakeholders including local government, police forces, community groups and practitioners in affected local areas. TKAP will sustain and build on existing cross government and community work; this includes the lessons learned and success achieved by the Tackling Gangs Action Programme and Youth Crime Action Plan (YCAP) to reduce the number of teenagers killed or seriously wounded and increase public confidence that our streets are safe. The first phase of TKAP was launched by the Prime Minister and Home Secretary on 5 June 2008. In the first nine months we focused nearly £7 million of resources on rapid, concentrated work to tackle teenage knife crime in 14 areas of the country. In March 2009 TKAP was extended for a further year,

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Symbolic, Relational, and Ideological Signifiers of Bias-Motivated Offenders: Toward a Strategy of Assessment

Hate crimes constitute a special class of violence. In the United States, since the enactment of federal hate crime laws in 1990, bias-motivated crimes have garnered national attention. Although social psychological research concerning hate crimes has provided insight into the factors that lead to intergroup violence (Ehrlich, 1992; Green, Glaser, & Rich, 1998; Herek, Gillis, Cogan, & Glunt, 1996), information concerning individual difference variables of bias offenders is to date unavailable. There is significant debate about whether an offender’s bias motivation can be reliably identified (Sullaway, in press). This has led some theorists to argue for the repeal of hate crime laws altogether (Jacobs & Potter, 1998). The successful prosecution of the bias-motivated offender requires that there is a discernible behavioral and volitional component present in the offense. This is essential if the offense is to meet the standard of legal intent, as defined under state and federal laws (Levin, 1999). Determining the validity of the bias motivation is compromised by the

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Missing Persons Investigations Guidelines & Curriculum

Investigating a missing person case can be one of the most challenging assignments you will handle in your career. The officer responding to a missing person call is in many cases responding to a situation where the reason for an individual’s disappearance is unknown. The officer will have to consider a number of variables when dealing with a missing person investigation that has no obvious reason for a person’s disappearance. Was the individual involved in an accident? Did the individual meet with foul play? Did a stranger abduct a young child? Has a young child met with tragedy while exploring an attractive danger such as a pool, creek, abandoned car or refrigerator? Even in a known runaway situation is the cause of the juvenile running away due to physical, sexual, or emotional abuse by an authority figure in the home? Has the runaway been lured into a life of gangs and/or prostitution? A missing person investigation can become a “high

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Law Enforcement Infrastructure Challenges

Law enforcement in the United States in neither centrally directed nor homogenous. As such, it does not readily fit the definition of infrastructure set out in the report of the Critical Infrastructure Working Group. Local, State and Federal law enforcement agencies have their own (and sometimes unique) geographic and statutory jurisdictions, as well as operating procedures that may or may not overlap or coincide. The Attorney General is the chief Federal law enforcement officer and has authority to oversee the activities of Federal law enforcement agencies and Federal efforts to provide assistance to local law enforcement authorities. However, no Federal authority exists to oversee the activities of non-Federal law enforcement agencies. Because of the diversity and redundancy of the U.S. law enforcement structure, there appears to be almost no realistic vulnerability or group of vulnerabilities that could debilitate the entire law enforcement system through physical attack. This said, there are four areas examined in this paper which may prove to be

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