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40.O.C.G.A. § 9-11-11.1 (2009), TITLE 9.  CIVIL PRACTICE, CHAPTER 11.  CIVIL PRACTICE ACT, ARTICLE 3.  PLEADINGS AND MOTIONS , § 9-11-11.1.  Exercise of rights of freedom of speech and right to petition government for redress of grievances; legislative findings; verification of claims; definitions; procedure on motions; exception; attorney’s fees and expenses , GEORGIA CODE Copyright 2009 by The State of Georgia

(Or so it says, more or less – but only case law counts in the state of Georgia, not the law itself.)

My Note –

I have spent the last three days intensely studying the laws and case law of Georgia State where I live. It is impossible. The applications of the law by the government court system seem to serve no other purpose than to accommodate their perceived immunity to every conceivable action and decision of the state, counties, cities and agencies of Georgia.

Reading the laws appear to mean one thing, but in application of the laws by judges and appellate courts, the laws appear to mean nothing at all or to mean something entirely perverse and abject from what the words mean put together. I don’t know why that is. I don’t know why the state of Georgia re-wrote the state Constitution in 1983 and extended sovereign immunity to all agencies and government actions, even over the guarantees of the United States Constitution.

I don’t know why the ADA doesn’t mean anything in Georgia except to fund an agency in the governor’s office to help business owners pay for reasonable accommodations so they can’t be sued by people with disabilities. I don’t know why citizens, once determined capable of living successfully and appropriately in the community without psychiatric medications don’t have the rights to do so. I don’t know why I don’t have those rights and why they are forever in contest, threatened or non-existent.

In the process of looking up the laws of the State of Georgia, I found that the case involving charges against me where I must appear Friday in state court, gives me no standing as a victim of domestic violence although the charges state that I was the victim, and gives me no standing as a citizen with any rights whatsoever. The law  that the police said they were following, to arrest everyone involved in domestic violence whether they were the victim or the primary aggressor – does not say that they must do that nor does it say they had any reason to charge me when they admitted that I was defending myself, my granddaughter and my home. It doesn’t make any sense.

The calls I made and even the paper that I filled out with victim’s assistance did not yield any help, any advocacy, any information about their services available to me, nor any victims’ rights at all, despite being listed as the victim on the police paperwork and charges. I don’t get it. Since when it is right to arrest the victims of domestic crime despite the physical and emotional harms they’ve endured, the expensive losses of property they’ve endured and must replace, and despite the violence they’ve endured which had no place in the safe harbor of their home? How is that right? Why would anyone make such a policy or interpret the law that way when it was intended to protect victims and allow them to protect themselves in their own homes? Why would they have done this to me in this situation?

There is no way I can understand the law in Georgia. I’ve been reading the laws and the case law from appellate court decisions. I can read physics and rocket science, economics, geophysics and even astrophysics with better understanding. There is no such thing as accountability for errors, wrongs, negligence, damages or illegally founded actions done by anyone working for state, city, county, law enforcement, judges, or prosecutors in the State of Georgia. There is no correcting anything they’ve done.

The decisions are made by law enforcement personnel based on some policy created by someone or some commission or community prosecutor’s office and there is no finding it or knowing who decided it and these policies are apparently not accountable to the laws. Once the decisions are made by law enforcement officers, the solicitor general’s office or district attorney’s office and maybe even the judges, assume that their judgment made at the time means the person is guilty of whatever charges they find to make. The proof of innocence is the burden of any citizen charged against the assumed professional experts that made the charges in the law enforcement ranks.

From what I know so far, the fact that I was arrested is proof enough that I am guilty according to the solicitor general’s office and they are therefore pursuing full prosecution of the charges against me even though they are without merit and they know it. There is no presumption of innocence whatsoever in any practical sense in the State of Georgia, (unless maybe that is reserved for murderers because they do seem to get some presumption of innocence most of the time.)

According to the law of Georgia, malicious prosecution means to proceed when there is clearly no reason to do so, except that some proof must be created of intentional maliciousness on the part of the prosecuting arm of the government. How could anyone prove the intention of a district attorney’s office or solicitor general’s office to pursue a case that clearly should have been dismissed? Is there any proof of intention based in their ambition to doggedly pursue successfully prosecuting every misdemeanor no matter how frivolous or unfounded?

If they are doing so in order to boost the numbers of cases they appear to have won across some grand total, is that even provable and legally considered wrong? Is that malicious intention or is that simply a practical matter of ambition and getting re-elected or re-appointed to the position as prosecutor / district attorney / solicitor general or to any position in the judicial system? Is that any proof of anything except what our system has become, where the individual rights of citizens are no more than an annoyance to the professionals engaged in the system? Where did that go wrong?

In every appellate case that I read (so far), the presumption is made that the law enforcement arm and the prosecuting arm were held to have acted appropriately even where it was clearly proven that they had not and further, that they were immune from accountability regardless. The proof of malicious intent is attached to every law concerning false arrest, false imprisonment, illegal arrest, malicious prosecution,  such as this –

In deciding if the belief of the prosecutor was reasonable, the prosecutor must have determined “that [the] apparent state of facts which seem[ed] to exist after reasonable and proper inquiry [by the exercise of] the duty of caution and avoidance of haste [constituted probable cause].” Auld v. Colonial Stores, 76 Ga. App. 329, 335-336 (2) (45 SE2d 827) (1947); see also Coleman v. Allen, 79 Ga. 637, 640-642 (5 SE 204) (1888); Nicholl v. Great A & P Tea Co., supra at 33; Sanfrantello v. Sears, Roebuck & Co., 118 Ga. App. 205, 207 (163 SE2d 256) (1968). If a reasonable person would have investigated to determine if probable cause existed prior to urging an arrest and prosecution, then such failure to make an investigation may imply malice, as well as go to whether probable cause existed. See McClelland v. Courson’s 441 South Station, 248 Ga. App. 170 (546 SE2d 300) (2001); Fleming v. U-Haul Co. &c., 246 Ga. App. 681, 683-684 (541 SE2d 75) (2000); Medoc Corp. v. Keel, 166 Ga. App. 615, 617 (2) (305 SE2d 134) (1983); Melton v. LaCalamito, 158 Ga. App. 820, 824 (2) (b) (282 SE2d 393) (1981); see also Nicholl v. Great A & P Tea Co., supra at 33.

http://www.lawskills.com/case/id/206/88/index.html

**

Lack of probable cause exists “when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused.” 7 While lack of probable cause is normally a question for the jury, “the burden of proof to show lack of probable cause is on the plaintiff[,] and there is nothing to send to the jury if the plaintiff does not raise some evidence creating an issue of fact. . . .” 8

http://lawskills.com/case/ga/id/212/38/index.html

What is that supposed to mean? Am I responsible for somehow proving that the prosecution continued pursuing these charges against me even after having determined that I was reasonably defending myself, my granddaughter’s safety and the safety of my home when the incident occurred? How can I prove that when I am not privy to their minds, their decision-making processes, their notes, their inter-department policies and notes, nor to their intentions?

How could their intentions ever be proven one way or the other? Is it with maliciousness when it denies the rights of the victim and chooses to further victimize the victim using the full resources of the state and county judicial branch, law enforcement resources, time, manhours, knowledge, efforts and general resources intended to protect them rather than to cause greater harm? Does the accuser (in the form of the solicitor general’s and district attorney’s offices), with no ground for proceeding but who does proceed nonetheless, desire to injure the accused or is it negligence, abuse of power, dereliction of duty, ambition or something else altogether? Does it matter that the accused or in my case, the victim – is being injured by this process and further victimized by it? The laws of Georgia apparently have no real remedies for this when it happens, and no legal corrections of it – when appeals are made, not only are they exorbitantly costly in time, money and resources, they also seem to never find for the accused or victim who was injured even when it is proven that these prosecutorial decisions were in error.

There is no sum gain. Countless people have tried and attorneys much smarter and more capable than I am about the laws of Georgia have tried through the courts and appeal process, and each time they have failed even when it was found that the prosecution was wrong, the judge was wrong and / or the law enforcement branch was wrong, agencies and departments were wrong, and /or the charges were inappropriate, illegal or without merit. It didn’t matter.

Having never seen any of the men in my life that have broken my ribs, abused me, bruised me, choked me, kicked me, tried to drown me in my bathtub, beat me against every surface of my bathroom and bedroom, tried their best to burn me alive in my own bed among numerous other things, ever serve any time and never having received any victims’ rights or compensations from those incidents – I find it hard to understand what is happening now to me having been arrested for defending myself from my daughter’s drunken and destructive violence.

Everything I read in the law and domestic / family violence information online indicated that the police, when they left me to care for my granddaughter that night and turn myself in to the jail for arrest the next day, were aware that my mental and emotional state was stable, responsible and appropriate – regardless of the bipolar diagnosis that my daughter blamed for what happened. It has nothing to do with what happened, but is that why I was charged despite not being the perpetrator nor the “primary aggressor” in the incident?

Is that what precludes me from receiving any support from the victims’ assistance programs or is it because I pled “no way to prove my case” on a prior simple battery charge made by a lady who almost ran over me in the parking lot of the condo complex where I live in 2005? Does that make it look like I was guilty no matter what my court-appointed attorney said to me about it at the time? Does the court believe that I must be a danger to myself and others, or that I must have been the one who caused the situation, because I am the one with a history of being placed in mental hospitals even though I have been stable without medication for over five years now?

Does it matter that I am and was at the time of this incident, sober, sane and rational, responsible and acting appropriately? Aren’t they supposed to protect me and to protect my rights even more so, rather than not at all considering everything I’ve been through already and the efforts I’VE made to surpass those disabilities and previous traumatic events in my life? Isn’t there ever any evidence that counts for me over appreciable periods of time (isn’t four years enough or five years or the last year and a half of being the one taking care of myself, my home along with most of the time caring for my two-year old granddaughter and working to educate myself to be a productive, participating member of society)? Doesn’t that ever count for anything?

Why would the state of Georgia perceive me as an excuse to get another $5,000 in fines and another $350 a day in mental hospitals and as another $2,000 for another diagnosis from another psychiatrist, and as another whatever it is to be placed in an emergency room for four days waiting to be taken over to a mental hospital to be evaluated? And why would the state of Georgia and Cobb County in particular need to keep me as one more mental patient to bleed the system of funds while so many others really do need the help at this point?

Why do they need me to be a mental health services client shoring up their access to state and federal matching funds in some variety of community programs including paying monthly or bi-monthly psychiatrist visits, subjected to psychiatric drugs which leave me unable to function, paying mental health industry professionals including psychiatric nurses and psychologists and mental health day services programs while forcing me to take my limited financial resources to put myself at their hands with the horrific results I’ve already suffered from them?

Why does it make sense to keep me a mental patient and entrenched in mental illness rather than in stability, recovery and opportunities to excel as who I am and who I can be in my community and in society? Why would that make sense for the county and the state where I live? Do I simply have a price tag on my ass for $300,000 a year in mental health services and pharmaceuticals which has a greater value to my community than anything else I could possibly do or be or become? Is that the sum total of the value of my life as a citizen is to be herded through the system like only one more piece of cattle whose presence in that system means a certain amount of money to be harvested by deeming necessary mental health services are required?

Is there any country that would allow me to live free of the psychiatric pharmaceuticals that have made much of my life a living hell and where I would be free of the perverse use of my inalienable freedoms and rights by state and local authorities? Is there such a place in the world where my skills, my efforts, my knowledge, my talents and the unique qualities of my life would be appreciated and where opportunities would exist for me to make a living for myself from them with freedom from psychiatric industry “professionals” and their pharmaceutical lobotomies, chemical leashes and torturous drug protocols? Does that place exist somewhere? Would I ever be allowed as an American citizen to leave this country to go somewhere that would be like that for me? Is that wonderful concept of living even possible for me or for anyone like me?

I should’ve never tried to read the laws and case law of Georgia. It was a mistake. It has done nothing to make me feel any one bit better nor has it given me any understanding of even one good thing available to me in my future past this Friday’s hearing. The only thing it has done so far, is to tell me that the America I was taught about, is long since gone and that the state of Georgia has assured itself of never being accountable to the people it affects by its actions.

But then, that has been my experience with this state and with America in general long before reading the laws that allow them to do it. I just thought it was because I was delusional rather than that the facts actually do support the experiences I’ve had as an American citizen and particularly, as a woman living in the state of Georgia. Apparently, there is no Constitution of the United States in Georgia and the state Constitution does not provide for my freedoms, rights or opportunities in the same way that every other citizen enjoys them. It just doesn’t. I give up – I will never understand it and now I don’t even want to know anymore.

The only future ahead of me, is to be further subjected to the nightmares of living with psychiatric drugs destroying every moment of my daily life, not functioning, not being able to use the computer or to read a book, nor to study a thing, nor to write two intelligent sentences one after another that match, enduring double vision and shaking hands with jerking muscle spasms and excrement running down my legs again. That doesn’t make any difference to the Governor and Legislators of Georgia, nor to the judges, district attorneys, solicitor generals, and community leaders in Cobb County.

I am an undesirable in their estimation with no intrinsic value to the state since I don’t make any money and provide nothing except a drain on our society as far as they can see it. If I’m not able to function, there is no loss to them, nor to the people in my county who decide to subject me to these things – they make more money off me that way as a chemically lobotomized mental patient, than to help me get better, stronger, more capable, more stable and more able to provide for myself as I contribute something of value to a greater world. In fact, why would they believe I have a right to do that, considering I’m in no way as educated, wealthy or capable as they are?

–          Cricketdiane, 03-16-10

**

P.S. Note – Don’t tell me to quit whining about it, and do something to fix it. There is nothing that fixes it. You try it for awhile. To the best of my abilities, I have made an effort day in and day out for so many years that I’m tired of counting them. You try not getting to have a job, or make a living or be employable or start a business for seventeen years plus another nine years before that with nothing to show for every effort over the course of forty-three years actively working on it, then tell me how you would do something to fix it that would work. I can’t find what that is and to be perfectly honest, it doesn’t look like there is anything worth saving in this nation at this point anyway. The state of Georgia started as a prison colony and whether people living here now realize it or not, the laws I’ve read indicate that it essentially isn’t anything more than that even now. I would love to be as proud of Cobb County and the state of Georgia as the state and the county is – but how can I when this is what my experiences have been with it and when my future holds nothing but more of the same?

Below, these are some of the things I read, exclusive of the laws which I found on Lexis-Nexis which for some reason are their property rather than belonging to the public, (and I might put them on this post later anyway). It defies anything I can understand.

– my note, cricketdiane

**

In Case No. A94A0316, the city appeals the denial of its motion for summary judgment as to Waller’s and Wilson’s claims of constitutional violations under 42 USC 1983. In Case No. A94A0317, Heller’s appeals from the denial of its motion for summary judgment against Wilson’s claim for malicious prosecution, and the Wallers’ claims for false arrest and false imprisonment.

1. It is “when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under 1983.” Monell v. Dept. of Social Svcs. of the City of N.Y., 436 U. S. 658, 694 (98 SC 2018, 56 LE2d 611) (1978). If a municipality’s failure to train its employees demonstrates a “deliberate indifference” to the rights of its inhabitants, as where a deliberate choice is made to follow a course of action from among various alternatives, then it can be thought of as a “policy or custom” and municipal liability attaches. City of Canton, Ohio v. Harris, 489 U. S. 378 (109 SC 1197, 103 LE2d 412) (1989). See generally Collins v. Harker Heights, Texas, 503 U. S. ____ (112 SC 1061, 117 LE2d 261) (1992).

In the instant case, Waller’s 1983 claim asserted that the city had a policy of making warrantless arrests, and that the city’s failure to promulgate a written policy to guide police officers in making warrantless arrests demonstrated a conscious indifference to the rights of citizens. The trial court found this claim sufficient to withstand the city’s motion for summary judgment because of the uncontroverted evidence that Waller was not brought before a court for a probable cause hearing within 48 hours of his arrest as required under OCGA 17-4-62, and that it was at least the de facto policy of the city not to comply with that statutory mandate on weekends. That evidence, and the inferences drawn from it, precluded summary adjudication of Waller’s 1983 claim.

http://www.lawskills.com/case/id/297/59/index.html

**

**

Appellant’s affidavit testimony that he was not drunk or disorderly would of course constitute a defense to the crime charged; but is not alone sufficient to create a question of civil tort and send to the jury a fact issue of false arrest. If the mere denial of having committed the crime is enough to raise an issue of false arrest, virtually all criminal prosecutions resulting in a nolle prosequi or acquittal could result in a civil lawsuit. Thus, such actions are not favored unless they are strictly proved and accurately stated. Hearn v. Batchelor, 47 Ga. App. 213 (170 SE 203).

http://www.lawskills.com/case/id/356/10/index.html

**

My Note – I found the above case interesting because it shows that there is no reasonable cause for the state appellate courts to find for an issue of false arrest since it would indicate cause for a civil lawsuit. There is also evidence in the Georgia Code that the pension funds of judges, prosecutors and others receive funds from the fines and fees paid in county prosecutions of cases. They have every reason to pursue all of the cases regardless of merit, dismissing none because there is direct financial benefit to them for doing so. It appears in one of the sections near the end of the Georgia Code Law. I’ll look up the notes and post them later. It shouldn’t be that way, since it undermines the possibility of an unbiased and unprejudiced system at an entirely different level than the personal ambitions, egos and desires to win the game which naturally influence those same offices.

– cricketdiane

**

OCGA 50-21-24 (7) provides that the State shall have no liability for losses resulting from “[a]ssault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights.” Unlike other subsections within OCGA 50-21-24, subsection (7) is not limited in application to acts taken by a State officer or employee but covers all losses resulting from the torts enumerated therein. Compare id. at (1), (2), (3). The focus, therefore, is not on the duty allegedly breached by the State but on the act causing the underlying loss regardless of who committed the act. See Ga. Military College v. Santamorena, 237 Ga. App. 58, 61 (1) (a) (514 SE2d 82) (1999); Dept. of Human Resources v. Hutchinson, 217 Ga. App. 70 (1) (456 SE2d 642) (1995).

http://www.lawskills.com/case/ga/id/341/index.html

**

And Desmond never deposed Pelligrinelli to ascertain what might have prompted him to prosecute Desmond.

**

Rule 27 (c) (1) is more than a mere formality. It is a requirement which this Court imposes to ensure that all enumerations of error are addressed and to facilitate review of each enumeration. By failing to comply with the rule, [the appellant has] hindered the Court’s review of [his] assertions and [has] risked the possibility that certain enumerations will not be addressed. Accordingly, to the extent that we are able to discern which of the enumerations are supported in the brief by citation of authority or argument, we will address those enumerations. Pursuant to Court of Appeals Rule 27 (c) (2), however, all other enumerations will be treated as abandoned. 2

http://lawskills.com/case/ga/id/219/53/index.html

**

2. In multiple enumerations of error, Desmond argues that the trial court erred in granting summary judgment on his false arrest and malicious prosecution claims. Again, we disagree.

Initially, we note that neither false arrest nor malicious prosecution claims are favored under Georgia law. 8 It is public policy to encourage citizens to bring to justice those who appear guilty. 9 Nevertheless, if an arrest or prosecution lacks probable cause and is prompted by malice, then a person may have a claim for false arrest or malicious prosecution.

The elements of a false arrest claim include: (1) an arrest under the process of law, (2) without probable cause, and (3) made maliciously. 10 In such an action, it is also essential to show that the prosecution terminated in favor of the complaining party. 11 A claim of malicious prosecution involves “[a] criminal prosecution which is carried on maliciously and without any probable cause and which causes damage to the person prosecuted.” 12

http://lawskills.com/case/ga/id/219/53/index.html

** (see full case pp. 4 after next entry)**

2. Under 42 USC 1983, a person who, under color of state law, deprives another person of his constitutional rights shall be liable to the deprived party. The Supreme Court has interpreted 1983 to create a cause of action against a municipality based upon acts which are in implementation of an intentional policy which deprives a constitutional right. 9 “What is required to be proved, directly or circumstantially, is that a governing body has worked constitutional deprivation of a citizen pursuant to an impermissible or corrupt policy which is intentional and deliberate.” 10

http://www.lawskills.com/case/id/198/41/index.html

(see full entry below – near top of group)

**

Although we have not previously addressed this issue with regard to community service boards, we are guided by our opinion in Miller v. Ga. Ports Authority, 266 Ga. 586 (470 SE2d 426) (1996), in which we interpreted both Article I, Section II, Paragraph IX and the Georgia Tort Claims Act, OCGA 50-21-20 et seq., to extend sovereign immunity to the State of Georgia, its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions. See OCGA 50-21-22 (5), (6). Looking to the legislation creating the Georgia Ports Authority and the public purposes for which it was created, we held in Miller that the Georgia Ports Authority is a State agency entitled to raise the defense of sovereign immunity. Miller, supra at 589.

http://www.lawskills.com/case/ga/id/341/index.html

**

2. Under our State constitution, the sovereign immunity of the State may be waived only as provided by the Legislature in a tort claims act or an act of the Legislature which specifically provides that sovereign immunity is waived and the extent of such waiver. Ga.

Const. of 1983, Art. I, Sec. II, Par. IX (d) and (e). See Gilbert v. Richardson, 264 Ga. 744 (3) (452 SE2d 476) (1994). Pursuant to this constitutional mandate, the Legislature enacted the Georgia Tort Claims Act which it chose to make applicable to all State agencies and departments. OCGA 50-21-22 (5), (6).

http://www.lawskills.com/case/ga/id/341/index.html

**

(from)

FULLER v. TROUP COUNTY.

A01A1670.

(253 Ga. App. 228)

(2002)

JOHNSON, Presiding Judge.

Action for damages. Troup Superior Court. Before Judge Keeble.

Bibby Fuller sued Troup County for false arrest and civil rights violations under 42 USC 1983. The county moved for summary judgment on both claims, and the trial court granted the motions. Fuller appeals; for reasons that follow, we affirm the grant of summary judgment on both claims.

(etc)

**

2. Under 42 USC 1983, a person who, under color of state law, deprives another person of his constitutional rights shall be liable to the deprived party. The Supreme Court has interpreted 1983 to create a cause of action against a municipality based upon acts which are in implementation of an intentional policy which deprives a constitutional right. 9 “What is required to be proved, directly or circumstantially, is that a governing body has worked constitutional deprivation of a citizen pursuant to an impermissible or corrupt policy which is intentional and deliberate.” 10

http://www.lawskills.com/case/id/198/41/index.html

**

Rule 27 (c) (1) is more than a mere formality. It is a requirement which this Court imposes to ensure that all enumerations of error are addressed and to facilitate review of each enumeration. By failing to comply with the rule, [the appellant has] hindered the Court’s review of [his] assertions and [has] risked the possibility that certain enumerations will not be addressed. Accordingly, to the extent that we are able to discern which of the enumerations are supported in the brief by citation of authority or argument, we will address those enumerations. Pursuant to Court of Appeals Rule 27 (c) (2), however, all other enumerations will be treated as abandoned. 2

http://lawskills.com/case/ga/id/219/53/index.html

**

Prosecution-Based Victim Advocacy Day at the Capitol
On Thursday, February 19, Victim Witness Advocates from our offices throughout the state will be honored at the Capitol for Prosecution-Based Victim Advocacy Day sponsored by the Prosecuting Attorneys’ Council of Georgia…[view the agenda]

(from)

http://www.pacga.org/

Prosecuting Attorney’s Council website

***

http://en.wikipedia.org/wiki/Amicus_curiae

Legal interpretations

[A] phrase that literally means ‘friend of the court’ – someone who is not a party to the litigation, but who believes that the court’s decision may affect its interest.

William H. RehnquistThe Supreme Court, p. 89

**

cobb county domestic family violence prosecution preparation policy

the_georgia_prosecutor_2009_winter

Prosecution-Based Victim Witness Assistance Programs

each judicial circuit and county in

Georgia is unique in population, services

and resources. Many of the services for

victims in prosecutor’s offices are legislatively

mandated by Georgia law (versus

optional certification requirements)

through the Crime Victims’ Bill of Rights,

and are mandated for all crime victims

regardless of their victimization type.

The services provided in prosecutor’s offices

to victims may include, but are not

limited to:

StabIlIZIng LIves:

1. Coordinate crime scene clean-up services.

2. Provide information and assistance with property return.

3. Provide referrals to and coordinate services with agencies that provide food, shelter,

support groups, medical care, and crisis/emergency intervention and long-term

therapy/counseling.

4. Provide assistance with information, application, and document collection for Crime

Victim Compensation.

5. Provide assistance with information, application, and document collection for

restitution.

6. Provide assistance with other applications (TANF, Immigration, leases, etc.) and/or

other paperwork relating to acquiring services as a direct result of the crime.

7. May assist victims requesting assistance in working with bill collectors, where the

expense was a direct result of the crime or due to loss of wages as a result of the crime.

8. May assist victims with employers and/or school administrators when victims lose wages,

employment, or time as a direct result of the crime or to their cooperation with the

prosecution.

MeetIng EmotIonal/PhYsIcal Needs:

9. Provide Advocate availability, up to 24/7, for victims and law enforcement, insuring

information about options for crime victims immediately following the crime and offer

the very first emotional support & crisis intervention (homicide, aggravated assault

and domestic/family violence cases, and crisis response).

10. Assist with death notifications for families of victims.

11. Provide assistance with preparation of Victim Impact Statements.

12. Provide assistance with letters, victim impact statements, registration for Georgia

Victim Impact Panel, facilitation of/accompaniment to Visitor’s Day, clemency hearings

and executions, etc.

13. Provide follow-up services to victims at hospital facilities, coroner’s offices, and/or

funeral homes.

14. Provide personnel availability during interviews to help victims feel more comfortable.

15. Provide emotional support to the victim and family, throughout the judicial process.

16. Provide practical assistance to insure necessary court appearances of victims (e.g.

services for the disabled victims and translators).

17. Provide appropriate post-sentence referrals and intervention if needed.

18. Provide services and literature in Spanish and other languages.

MeetIng SafetY & SecUrItY Needs:

19. Assist victims with safety planning.

20. Coordinate communication with necessary professionals with on-going activities of the

defendant that is putting the victim in fear and/or physical jeopardy.

21. Prompt the necessary actions within the system to expedite a stage of the case

for victim protection (i.e., make the prosecutor aware that a case was dismissed in

Magistrate Court in order to initiate the indictment/bond process for protection of the

victim, or, initiate the process for probation revocation if defendant is violating the

terms and jeopardizing the safety of the victim).

22. Provide information and advocacy regarding Temporary Protective Orders.

23. Assist victims with notification requests to the county jail/Department of Corrections

regarding the defendant’s release from jail.

24. Provide a comfortable waiting area apart from defendant’s family and acquaintances.

AssIstIng wIth the CrImInal JUstIce SYstem:

25. Assist the victim and family members with understanding the process and what to

expect at each stage of the case in the system.

26. Assist the victim and family members with understanding all the legal terminology

and strategy during the processing of the case.

27. Advocate for restitution at time of sentencing (this can become part of the sentence

and if payment is not rendered, it is a probation violation).

28. Coordinate victim needs for transportation and travel that may include; air, train, bus,

auto, accommodations, and meals.

29. Assist victims with the warrant application process and attend related pre-warrant

court hearings.

30. Serve as liaison between victims and investigators, solicitor-generals, assistant district

attorneys, and court personnel.

31. Provide assistance to investigators and prosecutors with victims for initial and ongoing

contact (e.g. interviews and scheduling of these interviews).

32. Making sure contact information and the physical location of the victim is maintained

and accurate for continuation of services.

33. Provide courtroom orientation and pre-trial preparation to victims testifying.

34. Escort victims to court and related hearings.

35. Provide ongoing communication and information regarding status of the case, bond

hearings, grand jury decisions, disposition options, appellate decisions, etc.

36. Attend any hearings with victim, or on behalf of victim, in which they are not required

to be present.

37. Assist victims with making contact with the Board of Pardons and Paroles and the

Department of Corrections to request notification on the criminal being sent into the

prison system and offering avenues for opinions on early parole release.

EdUcatIon/CollaboratIon:

38. May serve on community activist committees, board of directors, and task forces;

acting as liaison to the prosecutor’s office and/or judicial system (i.e., shelters, rape

crisis centers, etc.).

39. Represent the office on various victims service bodies including; child fatality review,

domestic violence fatality review, elder abuse task force, domestic violence task force,

various multi-disciplinary teams, etc.

40. May serve on Victim Impact Panel as member or coordinator, holding monthly

meetings, recruiting, training and maintaining victim panel members and speakers.

41. Provide trainings to community, law enforcement, educational facilities and other

professionals on victim assistance and victim related issues including, but not limited

to family violence, identity theft, sexual assault, child abuse, teen dating violence,

elder abuse, the criminal and civil justice process, stalking, and crime prevention.

42. Provide ongoing information and literature to educate victims about the Victim

Assistance Program, crime, and other relevant issues through pamphlets, handouts,

presentations, referrals, internet, etc.

ProsecUtorIal AssIstance:

43. As needed, assist investigators and prosecutors with obtaining reports from DFACS,

child advocacy and assessment centers, and other agencies.

44. As needed, assist investigators and prosecutors with completing referral forms and

setting up forensic interview at child advocacy and assessment centers.

45. As needed and upon request from investigators, prosecutors, or child advocacy and

assessment center personnel, will attend forensic interviews and multidisciplinary

team meetings (MDT).

46. As needed, assist investigators and prosecutors with documentation in domestic and

family violence cases (pictures of victim’s injuries, statements, etc.).

PRECEdING PAGE: FRO M TOP (1) Victims Services Director Carla Leggett of the Southern Judicial Circuit addresses the crowd

at the 2008 Prosecution-Based Victim Advocacy Day at the Capitol. (2) A crowd of victim advocates gathers on the steps of the

north wing of the Capitol during a rally for crime victims’ rights on April 17, 2008 (3) The Henry County Board of Commissioners

and Flint Judicial Circuit District Attorney Tommy Floyd display a proclamation during National Crime Victims’ Rights Week

2008. THIS PAGE: FRO M TOP (1) The Cherokee Judicial Circuit debuted a crime victims awareness quilt during National

Crime Victims Rights Week, April 13-19, 2008. The quilt, which was hand made by a local quilting guild, was displayed

in various locations throughout Gordon and Bartow Counties to raise community awareness to the plight of victims as

well as victim rights. (2) The National Crime Victims’ Rights Week Ceremony was held at the State Capitol on April 17,

2008. (3) The Crime Victim Assistance Program in the Coweta Judicial Circuit displays the shoes of crime victims in order

to raise awareness and support the rights of crime victims throughout the State of Georgia. District Attorney Pete Skandalakis

and Victims Services Director Linda Tipton (left) pledge to “walk every step of the way” with victims on their quest

for justice. (4) On April 19 2007, Hope Hasty, a 9-year-old victim of crime who considers herself a survivor, and Governor

Sonny Perdue display the National Crime Victims’ Rights Week Proclamation.

Reg Ion 1

Brenda Hoffmeyer, Victim Witness Director

P.O. Box 953

Dalton, GA 30722

(706) 272-2273, (706) 876-1309

fax: (706) 876-1327

bhoffmeyer@whitfieldcountyga.com

District Attorney: Kermit McManus

Reg Ion 2

Kimberly B. McCoy, Victim Witness Director

10 East Park Square, 4th Floor

Marietta, GA 30090

(770) 528-3042, (770) 528-3047 fax: (770)

528-3031

kmccoy@cobbcounty.org

District Attorney: Pat Head

Reg Ion 3

Linda W. Tipton, Victim Assistance Director

P.O. Box 2564

Newnan, GA 30264

(770) 254-7300 fax: (770) 254-7305

ltipton@pacga.org

District Attorney: Peter J. Skandalakis

Reg Ion 4

Sybil Collins, Victim Witness Director

225 Pine Avenue, Room

224 P.O. Box 1827

Albany, GA 31702

(229) 434-2669, (229) 438-3985 fax: (229)

438-3940

scollins@dougherty.ga.us

District Attorney: Greg Edwards

Reg Ion 5

Ashley Ivey, Victim Witness Director

325 East Washington Street, Room 500 Athens,

GA 30601

(706) 613-3740

fax: (706) 613-3247

ashleyivey@co.clarke.ga.us

District Attorney: Kenneth Mauldin

Reg Ion 6

Helen P. Bradley, Victim Witness Director

133 Montgomery Street Savannah, GA 31401

(912) 652-7329 fax: (912) 652-7321

hbradley@chathamcounty.org

District Attorney: Larry Chisolm

Reg Ion 7

Carla Leggett, Victim Services Director

P.O. Box 99 Valdosta, GA 31603

(229) 244-7170 fax: (229) 245-5281

cleggett@pacga.org

District Attorney: J. David Miller

Victim Assistance Regional Contacts

your community | the georgia prosecutor

the prosecuting attorneyscouncil, in its renewed commitment to encouraging and

supporting prosecution-based victims’ services, appointed seven victim witness assistance

program (VWAP) directors to serve as regional directors. These seven leaders in the

VWAP community will coordinate information, training and other support to prosecutors’

programs in their respective regions. Your regional directors look forward to assisting you

in your efforts to serve all victims of crime.

**

Cobb County 2009 – annual-report

http://www.cobbcounty.org/annual-report/annual-report.pdf

The Solicitor General’s Office (Cobb County) had a total caseload

of 141,269, one of the highest in the state.

The office filed 7,813 accusations with the State

Court Clerk’s Office, 407 cases were diverted

through the Pre-Trial Diversion Program and

2,160 domestic violence cases were handled

through the Domestic Violence Pre-trial Intervention

Program. The office also prosecuted 126,640

traffic citations in State Court and 4,656 ordinance

violations in Magistrate Court. (2009)

**

Join Our Team – Cobb County Government

The Cobb County Police Department has 594 sworn officers. Our public safety personnel are located in facilities that house both police and fire department
police.cobbcountyga.gov/join.htm

My Note – that doesn’t include Cobb County Sheriff’s Department, city police forces, SWAT team and other special services.

**

We serve all citizens of Cobb County on a general level, and more specifically, the victims of crime.

The Solicitor General’s office:

  • Investigates crimes
  • Interviews victims and witnesses
  • Makes decisions regarding prosecution
  • Files accusations
  • Prosecutes cases, which involves:
    • Subpoenaing witnesses
    • Collecting evidence
    • Preparing for trial
    • Negotiating pleas
    • Trying cases in court

http://www.cobbsolicitorgeneral.com/

**

Additionally, this office has a Victim Witness Program to assist the victims of crime.  a victim advocate is assigned to every case of domestic violence.  The advocate assigned to your case will inform you of your rights, the stages in the judicial process, avenues of compensation and any additional assistance you may need.

Barry Morgan

Solicitor General

(Well, that is not what has happened in my case, – my note, cricketdiane)

http://www.cobbsolicitorgeneral.com/domviolence.htm

**

As a way for the Commission to stay informed about the work being conducted throughout Georgia each local task force is encouraged to inform me of the committees that they have chosen and how the work is progressing. As task forces throughout the state select committees that fit best them I believe that task forces will be able to network with one another to discover best practices for working on each of these suggested committees.

Family Violence Task Forces provide an opportunity for these multiple systems to gather and develop best practices for addressing this issue for their local community.

What is a Family Violence Task Force?

The Georgia Commission on Family Violence has been working for years to help communities establish local family violence task forces. This is not only something which we strongly believe in, but also a charge that we have been given by the legislature.

O.C.G.A. 19-31-31
There is created a State Commission on Family Violence, which shall be responsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family violence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collaboration with the state commission.
(Code 1981, O.C.G.A. 19-13-31, enacted by Ga L 1992, p1810,1)

http://www.gcfv.org/task_information.shtml

(are these the people who decided that all participants in family or domestic violence should be taken to jail, charged, arrested, prosecuted including the victims in the incident, and further victimizing the victim as a result – are they the ones who made the policy that demanded the police officers in my home had to file charges against me as well as my daughter who was listed as the primary aggressor while I was listed as the victim in the incident? – cricketdiane – And when did they decide that?)

**

**

k) Order either or all parties to receive appropriate psychiatric or psychological services

as a further measure to prevent the recurrence of family violence.

2) A copy of the order shall be issued by the clerk of the superior court to the sheriff of the

county wherein the order was entered and shall be retained by the sheriff as long as that

order shall remain in effect.

http://www.gcfv.org/docs/judicial.pdf

**

O.C.G.A.  17-4-20.1. Investigation of family violence; preparation of written report; review of

report by defendant arrested for family violence; compilation of statistics.

(a) Whenever a law enforcement officer responds to an incident in which an act of family violence,

as defined in code Section 19-13-1, has been committed, the officer shall not base the decision of

whether to arrest and charge a person on the specific consent of the victim or on a request by the

victim solely or on consideration of the relationship of the parties. No officer investigating an

incident of family violence shall threaten, suggest , or otherwise indicate the arrest of all parties for

the purpose of discouraging request for law enforcement intervention.

(b) Where complaints of family violence are received from two or more opposing parties, the officer

shall evaluate each complaint separately to attempt to determine who was the primary aggressor. If

the officer determines that one of the parties was the primary physical aggressor, the officer shall not

be required to arrest any other person believed to have committed an act of family violence during

the incident. In determining whether a person is a primary physical aggressor, an officer shall

consider:

(1) Prior family violence involving either party;

(2) The relative severity of the injuries inflicted on each person;

(3) The potential for future injury; and

(4) Whether one of the parties acted in self-defense.

(c) Whenever a law enforcement officer investigates an incident of family violence, whether or not

an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a

written report of the incident entitled _Family Violence Report._ Forms for such reports shall be

designed and provided by the Georgia Bureau of Investigation. The report shall include the

following:

(1) Name of the parties;

(2) Relationship of the parties;

(3) Sex of the parties;

(4) Date of birth of the parties;

(5) Time, place and date of the incident;

(6) Whether children were involved or whether the act of family violence was

committed in the presence of children;

(7) Type and extent of the alleged abuse;

(8) Existence of substance abuse;

(9) Number and types of weapons involved;

(10) Existence of any prior court orders;

(11) Type of police action taken in disposition of case, the reasons for the officer_s determination

that one party was the primary physical aggressor, and mitigating circumstances for why an arrest

was not made;

(12) Whether the victim was apprised of available remedies and services; and

(13) Any other information that may be pertinent.

(d) The report provided for in subsection C) of this Code section shall be considered as being made

for statistical purposes only and where no arrests are made shall not be subject to the provisions of

Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for

an act of family violence or the victim shall be entitled to review and copy any report prepared in

accordance with this code section relating to the defendant.

(e) Each police department, including local precincts and county sheriff departments, shall report,

according to rules and regulations of the Georgia Crime Information Center, all family violence

incidents, both arrests and non-arrests, to the Georgia Bureau of Investigation, which shall compile

and analyze statistics of family violence crimes and cause them to be published annually int he

Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the

police. A zero shall be reported if no incidents have occurred during the reporting period.

(Code 1981, __ 17-4-20.1, enacted by Ga. L. 1991, p. 1778, 1; Ga.L. 1992, p. 2939, __ 1; Ga. L.

1995, -. 1186, __ 1.)

http://www.gcfv.org/docs/law.pdf

**

My Note –

Although it says I have a right to

However, upon request, a defendant who has been arrested for

an act of family violence or the victim shall be entitled to review and copy any report prepared in

accordance with this code section relating to the defendant.”

but when I requested the report at the Cobb County police headquarters, the only thing they were willing to release to me was a brief one sentence document which stated the charges against me and none of the materials listed above.

– apparently, this information is not available to me by request. Further, I have not been allowed access to a court-appointed attorney until Friday, although I have called several times early in the process requesting one and asking what I needed to do in order to get one.  After my previous experiences with court-appointed attorneys, I’m really not sure having one is going to do any good anyway nor serve to defend my interests, my rights, my future and my opportunities. They don’t seem to be there for any of that when there isn’t a half a million dollars to pay them.

– cricketdiane

**

Georgia Commission on Family Violence Protocols for Law Enforcement in Domestic Violence Incidents

7.Documenting family violence

A Family Violence Report will be completed whenever an officer investigates an allegation that

domestic violence occurred. The required report shall be filled out whether or not an arrest is made

and submitted to the Georgia Bureau of Investigation (see O.C.G.A.  17-4-20.1).

If an officer decides not to make an arrest or decides to arrest one or more parties, the officer shall

include in the report the grounds for not arresting anyone or for arresting one or more parties. If

both parties (two or more) of a domestic violence incident are arrested, each level of the chain of

command is required to review the incident to determine compliance with the intent of the law and

this policy.

http://www.gcfv.org/docs/law.pdf

**

My Note – And, insofar as the state law of Georgia says this below – it doesn’t mean it is so in practice and there is no real consequence to any state agency, department, legislative member, judicial member, law enforcement or prosecution branch member, county, city or state employed person who breaks this law, denies the rights supposedly guaranteed in it or ignores it where their actions abrogates or destroys those rights -(cricketdiane)

O.C.G.A. § 37-3-140
GEORGIA CODE
2009 by The State of Georgia

*** Current through the 2009 Regular Session ***
TITLE 37.  MENTAL HEALTH
CHAPTER 3.  EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS
ARTICLE 6.  RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY
PART 1.  GENERAL PROVISIONS
O.C.G.A. § 37-3-140  (2009)
§ 37-3-140.  Retention of rights and privileges by patients generally; right to due process

Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.

HISTORY: Ga. L. 1960, p. 837, § 16; Code 1933, § 88-516, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1.

O.C.G.A. § 37-3-140

*** (BECAUSE, my note) ***

OCGA 50-21-24 (7) provides that the State shall have no liability for losses resulting from “[a]ssault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights.” Unlike other subsections within OCGA 50-21-24, subsection (7) is not limited in application to acts taken by a State officer or employee but covers all losses resulting from the torts enumerated therein. Compare id. at (1), (2), (3). The focus, therefore, is not on the duty allegedly breached by the State but on the act causing the underlying loss regardless of who committed the act. See Ga. Military College v. Santamorena, 237 Ga. App. 58, 61 (1) (a) (514 SE2d 82) (1999); Dept. of Human Resources v. Hutchinson, 217 Ga. App. 70 (1) (456 SE2d 642) (1995).

http://www.lawskills.com/case/ga/id/341/index.html

**

(and)

2. Under 42 USC 1983, a person who, under color of state law, deprives another person of his constitutional rights shall be liable to the deprived party. The Supreme Court has interpreted 1983 to create a cause of action against a municipality based upon acts which are in implementation of an intentional policy which deprives a constitutional right. 9 “What is required to be proved, directly or circumstantially, is that a governing body has worked constitutional deprivation of a citizen pursuant to an impermissible or corrupt policy which is intentional and deliberate.” 10

http://www.lawskills.com/case/id/198/41/index.html

**

*****

I wrote this a couple years ago, and as much as I still believe it is true – I am probably the only one who thinks about it this way –

THE ARTISTS’ BILL OF RIGHTS

Written by ©Cricket Diane C. Phillips, 2008

All people are not created equal in the sense of sameness of talent –

1.  We have the right to the uniqueness and individuality of our talents and identity.

Because the world and its societies do need each of us with our extraordinary and unique sets of talents –

2.  We have the right to participate in the societies of our world and to engage as part of our communities.

Since there is no way to know which individual carries the saving grace of a nation, of a people or of our time –

3. We have the right, both individually and collectively, to influence and to accept a role in the history of our time.

As a consequence of our creative abilities, we hold dear certain precepts of freedom, drive and determination and therefore –

4.  We have the right to assume the inherent risks contained within the creative process whether it fails or succeeds and to judge our own efforts as worthy or not, of our time, effort and resources.

Expecting that a large proportion of the population at any given time will not understand us regardless –

5.  We have the right to pursue the passion of our creative process without that understanding in order to fulfill our dreams and meet our goals.

To this end, knowing that our goals and the possible fruits of our creative works will benefit many –

6.  We have the right to desire and to demand that good and tangible rewards be given for our work and for our efforts as in any other profession.

And further, acknowledging that the greater good rests in the hands of many rather than a few –

7.  We have the right to maintain our individuality, to pursue the values and goals we deem to be worthwhile and to accept our place hand in hand and shoulder to shoulder with professionals from all walks and specializations.

It is found that the rights of the creative individuals in our society rarely go unchallenged and therefore –

8.  We have the right to stand up for ourselves and our ways of achieving our goals creatively as a viable, productive method and approach of attainment.

And also, having been experienced by each of us on numerous occasions, that there exists a prejudiced view of our manner of thought and process –

9.  We have the right to feel indignant and be offended by such prejudice and to make our own choices about responding with education, resourcefulness, intelligence, silliness or intolerance and any of several billion creative options.

Lastly, with an understanding and wisdom born of a multitude of hurts, slights, indignations, rejections, all-out attacks on our individuality and threatened restraints to our creative freedom – it is a fact that –

10.  We have the right to suffer in silence, if necessary, but barring that necessity, – We have the right to speak boldly and to stand for who we are in a manner befitting any person that has ever lived to succeed or fail by their own skill, wit and choices.

Namely, this is to say –

We have the right to exist and to be as we are – creatives.

That to be creative is neither sin nor abstract chaos nor pathos.

And, that the world needs us and what we do the way we do it.

Society need not accept that fact for it to be, nonetheless, true.

We have the rights of all others plus these because we are creators.

Written by ©Cricket Diane C. Phillips, 2008

Created January 17, 2008

*** (found also on an earlier post from a couple years ago – see archives tab above post for all entries) ***

**

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