Have You Heard

Jodi Arias Verdict: What is a Death Qualified Jury?

noreply@blogger.com (Melissa Sugar) — Sat, 25 May 2013 12:04:00 +0000

Verdict in Jodi Arias Trial: Well Sort of

Does the Judicial System Work?

I've practiced law for over twenty years & I was blown away by Arizona's trial procedure.

Was the Jodi Arias penalty phase verdict a miscarriage of justice?

No, absolutely not! Was it the verdict we wanted or Travis's family hoped for? No, but that does not mean it was a miscarriage of justice.

Let me begin by warning you that is will be an opinionated post. I am going to discuss the Jodi Arias Verdict (or whatever the hell it is that they call a verdict) and the death penalty. I'm not including any stats on the death penalty. I should also say, up front, that many of you will probably disagree with what I have to say and I don't expect my opinion to be a popular one. Okay...we got that out of the way.

After months of hearing testimony in the "trifurcated" trial, the jury in the Jodie Arias trial rendered their verdict. I don't know if you watched it, but listening to the clerk of court announce:

"We the jury...after considering...unanimously agree that the defendant Jodi Arias should be sentenced to..." Okay, we're holding our breath here...the courtroom is silent, except for each person's own heart thudding against their ribcage

"Should be sentenced to...no unanimous verdict"

Okay, maybe I didn't get my quote exactly word for word, but the last line, the most important line, is word for word. WTF?

This post is not about how off the wall I think Arizona criminal procedure is. I want to attempt to explain the purpose of the death penalty, when it is permitted and how a jury can reach the decision to sentence a person to death.

In most states, a capital murder trial is a bifurcated trial. If the jury returns with a unanimous verdict of guilty of first degree murder, it is normally presumed that they have already found that at least one aggravating factor exist because without that aggravating factor, they would not have returned a verdict of first degree murder. The verdict would be second degree murder or another of the lesser included responsive verdicts. However in Arizona, after the jury makes a finding of first degree murder, they have a second mini trial to determine if one of the aggravating factors is present. If they find an aggravating factor they have a third mini trial- the penalty phase.

In most states, if the jury cannot come to a unanimous sentence of death, the sentence is then, automatically, life without parole. In Arizona the state gets a second bite at the apple. Skating dangerously close to unconstitutional, if you ask me. But, you didn't ask me, so...moving on.

The sole purpose of the penalty phase (the second portion of a capital trial in most states) is to determine the sentence. There are only two choices: life imprisonment without parole or death.

Here is where I'm having a big problem with the media and the general ~ public misunderstanding of a capital murder trial and what we call a "death qualified jury."

Yes, each juror sitting on a capital murder trial has been death qualified. What does this mean? It means that they have answered questions posed by the lawyers and the judge and that their answers indicate that if they find the accused guilty of first degree murder that they are willing and able to listen to the evidence presented in the penalty phase, consider the evidence and if they determine that it is warranted, yes they can impose the death penalty.

A death qualified jury does not mean that the jury will automatically impose death as the penalty, if they return a verdict of guilty of first degree murder. In fact, a person who answers that they would automatically impose death would be disqualified as a juror, just as a person who answers that they would automatically impose life. Either one- a person who would automatically impose death or a person who would automatically impose life, would not be death qualified. That person would not be eligible, by law to sit as a juror in a capital murder trial

Do you see the difference? To be death qualified, you must be willing to impose the death penalty if you deem it to be the appropriate sentence & you must also be willing to impose life if you deem life imprisonment to be the most appropriate sentence.

A person who is opposed to the death penalty, for whatever reason, cannot be death qualified. A person who believes that every person convicted of first degree murder should receive the death penalty, likewise cannot be death qualified.

During the penalty phase, the prosecutor introduces evidence of the aggravating circumstances surrounding the trial. In addition, the victim's family offer testimony (called victim impact) telling the jury how the loss of their family member or loved one has affected them, physically, emotionally, financially, and psychologically.

Then, the defense introduces what they consider mitigating factors. The law provides a list of certain factors that the jury must consider (notice I only said consider). This list includes, but is not limited to factors such as:

1. Remorse
2. Was the defendant acting under extreme duress or substantial domination of another
3. Age of the defendant
4. Mental health status (defense usually calls a psychologist or psychiatrist to testify during penalty phase

5. Lack of any significant prior criminal history
6. Prior good acts or honorable service in military or other groups/past contributions to the community & society as a whole
7. Was the defendant abused as a child
8. Likelihood that this was a one time occurrence & the defendant does not pose a threat of danger or violence to others
8. Any other circumstance which extenuates the gravity of the crime, even though it is not a legal excuse for the crime- court allows great leeway here for the defense, to offer just about anything

In other words, the evidence of mitigating factors does not justify the crime but will explain to the jury certain factors they must consider before deciding whether to give the death penalty or a life sentence

The jury must consider all the aggravating and all of the mitigating factors. The amount of weight that the jury gives each individual factor is up the the jury. It's not a contest of numbers. If one side has five aggravating factors and the other side only one mitigating factor, the jury can choose to give more weight to the one factor than a whole list of factors. The law only requires that the jury consider all the factors.

The next crucial issue to understand is that the death penalty is reserved for the worst of the worst crimes, worst of the worst offenders. It is not appropriate in every case. Who decides whether the particular case is the worst of the worst? The jury

Believe me, I know that for the victim's family, having lost someone they love deeply, the case that involves them, the case that took their loved one from this earth, forever...it is the worst of the worst for them. But, the jury has to consider the crime in relation to all crimes.

The death penalty is appropriate in my opinion for psychopaths and individuals who we know or believe will kill again, if ever given the chance.

Is brutally, butchering Travis Alexander, cutting his throat and shooting him in the face- the worst of the worst of all crimes ever committed? I don't know. It wasn't up to me. What do you think?

Personally, when I think of the very worst cases I think of child killers, people who torture others, kill the elderly, kill multiple victims, serial killers. Please do not misunderstand me. I'm not in any way deprecating the seriousness of what Jodi Aries did. It was a cruel and heinous act. I believe that was the aggravating factor that the jury found, cruel & heinous.

What the general public appears to be confused about:

As soon as the verdict was announced HLN was outside the courtroom interviewing spectators and one woman's response worried me. This is what she said:

"I can't believe the jurors were picked knowing this was a death penalty case and they can't come up with the right verdict. It's just not right."

Think about that statement. I mean, I want you to really ponder it, mull it over, connect it to something concrete. Do you see anything wrong with the statement?

Her statement implies that the only, right verdict- is death. That's not right and I am afraid that far too many people feel the same way and have the same misunderstanding about what a death qualified jury is.

I hope I don't get nuts here, but I'm about to talk about Nancy Grace. I watched her do the same thing with the Casey Anthony trial coverage. I was shocked and proud with Dr. Drew actually called Nancy Grace on her sensationalized bias.

Nancy Grace asked Dr. Drew, what went wrong with the the jury, or the legal system in the Jodi Arias case. Dr. Drew responded by saying something like, "Well, a better question is what went right?"

Nancy Grace jumped his ass, just like she does every guest who does not agree with her and give her the answer she wants to hear. Dr. Drew finally called her on it by saying, "Well Nancy, it sounds to me like what you're saying is that the system only works if they jury returns a verdict of death." She got belligerent and told him to get his hearing checked. She never answered his question and you know what's so disturbing? Nancy Grace and so many others, media and also average citizens truly believe that the system failed because the jury failed to give Arias the death penalty.

That is wrong on so many levels. You want to know why?

The fact that this death qualified jury who spent four or five months listening to the witnesses and viewing the evidence and even questioned Arias on the stand, (she was on the stand eighteen days, I believe), the fact that they could not come to a unanimous decision is proof that the system can work and in this case, did work.

As attorney's we always ask this question during jury selection. I'm going to pose it as if from a defense attorney:

"Mr. or madame juror, if during the penalty phase, the vote is eleven to one for the death penalty, but after considering and deliberating you are still convinced that life is the appropriate penalty, will you stand by your abiding conviction or will you yield to the pressure of your fellow jurors?"

In other words, will you remain strong & true to what you believe is justice or will you become a sheep and just follow the herd for the sake of making things easier & less confrontational in the jury room?

They usually say they will stand strong, but skilled attorneys watch their demeanor and body language.

If your life was on the line, I am asking you, my fellow bloggers: would you want a juror who maintains her resolve and conviction and refuses to switch her vote just to give in to the pressure or just so the whole thing could finally be over? That's the type of juror we call a sheep?

My problem with the media: Better said, my issue with Nancy Grace

She's upset with the jury because they could not agree on a unanimous verdict. What would be better, Nancy? Should the four who were against sentencing her to death, give in to pressure & betray their promise to the lawyers, judge and court, their promise that they would remain strong in their resolve, if not convinced to vote another way?

Yes, I agree this is horrible for Travis Alexander's family. It's sickening that they have to keep going through this, but the jury cannot vote against their conscious because of this.

How can this be remedied? I think it is utterly ridiculous for the prosecutor to select a second jury who, without the benefit of the previous four month's of evidence and witness testimony, will be asked to make a decision the first jury was unable to make. How does this help The Alexander family?

Even if the second jury gives her the death penalty, there is a strong likelihood that the sentence will be overturned on appeal as unconstitutional, kicked back to the trial court and then the family must begin again. I believe the best option is for the state to offer Jodi Arias a deal, plead guilty to life without parole. This should satisfy the Alexander family and eliminate the grief of enduring decades of appeals.

This is a long post & I want to share with you the reason I'm no longer the strong advocate for the death penalty as I once was, but I will have to write a separate post on the topic. It has much to do with how unfair the process is. It all depends on the twelve men and women selected and that's often a crap shoot. One group of twelve could easily send someone to death while a different one could not. It's the luck (or misfortune of the draw) & to me that makes the penalty decision much too subjective and arbitrary.

If we cannot guarantee across the board standards and criteria for each person convicted of first degree murder (and how could we- when no two people are alike and no two panels of twelve will every think, act, react, respond the same way.)

I say lets put this case to rest and allow the Alexander family some closure and the opportunity to return home and begin to pick up the pieces of their shattered lives and try to move forward.

Don't give Jodi Arias one more trial...one more opportunity for her to hold court, stand up like she is important with her power point.

She loves playing this role...all eyes are upon her. Let's strip that last ounce of power from her . Why allow her to try and con and sway a second jury? She loves the media attention as she's a natural in front of a crowd.

Take this away from her. Tell her the show is over...her performance is over...the only role left for her is a jail house art teacher or better yet, an acting coach.

What's your opinion? Was justice served? Did the system fail because the jurors were hopelessly deadlocked? Any of you find the Arizona trial procedure, just a little off? Any of you from Arizona and feel like sharing what you know about the law? I'd love to hear your opinions.

Please continue praying for the Alexander family. As one family friend announced after the verdict, "the family needs your prayers more now than ever."

Larry Brooks' Manuscript Coaching

noreply@blogger.com (Melissa Sugar) — Tue, 21 May 2013 18:15:00 +0000

Larry Brooks' Manuscript Coaching: Your Story on Steroids

One hundred dollar coaching session with author Larry Brooks, just one of many amazing prizes in my Fab 500 Followers, prize give~a~way.

Larry Brooks is the author of several critically-acclaimed thrillers and a manuscript coach. In addition, Brooks has authored several fiction craft books, including his bestseller, Story Engineering: Mastering the Six Core Competencies of Successful Writing. His next writing craft book, Story Physics: Harnessing the Underlying Forces of Storytelling, is scheduled for release next month.

This post is not a review of either book. So why am I writing it? Well, if you've entered my blog prize give a way, you've undoubtedly noticed that the prizes include a $100 coaching session with Larry Brooks, "your story of steroids," and a copy of his newest book, Story Physics.

Just in case any of you are unfamiliar with Larry Brooks, I want you to check out his writing-skills website. He does an amazing job of explaining the six core competencies on his Story fix website and he also deconstructs popular novels & films, to give his readers a step by step guide to effectively utilizing his six core competencies and story engineering.

Before reading Brooks, I had a story, a damn good story, I had it on paper and I had my well developed characters. My protagonist had a clear and defined goal motivated by an inner goal and she was moving along -working toward that goal, all the while being thwarted by the antagonists and antagonistic forces. That's right baby, I had conflict...lots of it. I had tension, raised stakes, suspense, I had it all (or so I thought), but something was clearly wrong with my story. What the hell was it?

My story structure was off.

I was what we often call a "pantster", or better said, I wrote by the seat of my pants. Why? Because, ever since high school, I've have loathed outlines. In my mind, writing a story according to a "formula", was a formula for creative disaster. Brooks opened my eyes and changed my mind.

I now realize that every author (every successful author) follows proper story structure, whether they realize it or not. A writer may not outline, or plot plan before they begin their first draft, but that just means that their draft becomes their planning or plotting tool. I've come to realize (the long & hard way) that every successful author, eventually follows story structure. There is no getting around it. If you write a book where the first plot point does not occur until midway through your book...it will not sell.

Eventually all successful writers align their story with the principles of the six core competencies.

I said this was not a review and it's not. I'm not going into that much detail. I will tell you that if you read Larry Brooks or if you follow his blog or retain his manuscript coaching services, you will be ahead of the pack because you will understand the six core competencies.

1. Concept

2. Character

3. Theme

4. Structure

5. Scene Execution

6. Writing Voice

Of course, each of the above core competencies breaks down into other sub-categories.

You'd be amazed at how many writers have a difficult time relaying to another the "concept" of their story. Notice I said, "concept", I did not say premise or idea. You get the idea. Well, you will get the idea and more than that, if you follow Larry Brooks.

The area I benefited most from is the simple way that Brooks breaks down the plot points & pinch points in a four part story. With his help, you will not only know what to write, but you will know when to write it, and exactly where, in your novel, it goes. You will no longer wonder where a certain scene fits into your novel. You will grasp where it goes, what comes before it and what to write next. This helped me immensely.

I love his beat sheets. They allowed me to break my story into four parts, aligned with the six core competencies. By knowing where my first and second plot points, mid point, and pinch points needed to be, I was better able to foreshadow suspenseful scenes, plan my set ups and pay offs and it saved me from the countless number of drafts I was accustomed to writing during my revision stage.

Paranormal Author, Jamie Gold, has an excellent blog post, "How to Revise for Structure Part Two," where she explains Story Structure, according to Larry Brooks in a short, easy to read article.

As a bonus she includes a link for you to download her story structure spreadsheet, adapted from Larry Brooks' Story Engineering. Jami admits, that like me, math is not her favorite subject. She borrowed her spreadsheet from Liz Brooks.

Listen to Larry Brooks explain his beat sheet. Here is his guest post on Stephanie Shackelford's Routines for Writers. Want more? Who didn't love The Hunger Games?

That's what I thought. So head over and read Larry's Hunger Games Beat Sheet. I promise, you will be impressed.

If you have some time, watch Joanna Penn's you tube interview with Larry Brooks.

So, while I know that an iPad mini is an awesome prize...thank you very much. The other prizes are pretty damn good.

Don't forget to comment on this post or any post here or on my second, just launched blog, Karma Carbs for an additional contest entry. You can also earn multiple-daily entries for giving this contest a social media shout-out.

Just tweet or shout- out, anywhere a link to this contest, I love my Followers, for extra entries to win a "Your story on steroids," $100 Larry Brooks Coaching Session, or a copy of Larry Brook's newest writing craft book Story Physics.

It will be released in June and I can't wait to get my hands on it.

Don't forget you can also win a copy of Jessica Bell's Adverbs and Cliches in a nutshell.

Fab 500 Follower -Prize Give a Way (Update)

noreply@blogger.com (Melissa Sugar) — Tue, 14 May 2013 06:24:00 +0000

Update: I've added an easy way to earn 10 entries.

Just add the I love my followers, Prize give-a-way photo, below, to your blog. Put it anywhere on your blog, in a blog post, on a page, or preferably on your sidebar. It would be most helpful if you added the pink photo, below to your sidebar via the "add a photo" add a gadget in the layout section. In the area where it ask you where you want the link to direct readers, type in the link to this contest. That's it. Earn 10 entries toward winning one of the awesome prizes, including an iPad mini 4G.

I've also added a few copies of the amazing author, Jessica Bell's new book, Adverbs and Cliches in a Nutshell as one of the many prizes.

Fab 500 Followers Prize Give~a~Way

I mentioned this give a way a few days ago and I'm now announcing that the contest is officially open. As you can see there a numerous ways to gain multiple entries. Some of the options, such as leaving a comment, following this blog or following me on Twitter, are simple & easy ways to earn more entires. You can earn entries each day, for the next month, by leaving comments on this blog; tweeting about the contest or giving it a shout out on any social media platform.

I've been on FaceBook for a while now and have tons of friends, but I never launched any of my pages, so I figured this would be as good of a time as any. Since the pages are new (they are bland and rather naked) and desperately in need of your likes. So come on and like my page on FaceBook as I attempt to join the wonderful world of branding & social media platforms in conjunction with my

author platform.

This give away is my way of honoring and thanking of all of you wonderful people, for your continued and loyal following of my blog (even when I didn't deserve your loyalty). I am also using this opportunity to plug my new blog, and I'm hoping you'll spend a minute or two and visit, leave a comment and follow, (additional entries for each). Visit Karma Carbs

a Rafflecopter giveaway

Visit My 2nd Blog

noreply@blogger.com (Melissa Sugar) — Sun, 12 May 2013 19:13:00 +0000

Invitation To Visit My New Blog:

No, I'm not moving. I will continue to blog, here about the craft of writing and my journey toward publication.

I have given this a considerable amount of thought & have concluded that the only way I can share some of the other interesting topics I am interested in, is for me to launch a second blog. I dread the start up phase...you know, you all remember that lonely time frame where you have no followers...then one day you have one...then three...maybe five and then woo hoo, ten! It's a lonely feeling, remember?

My new blog is a lifestyle blog which focuses on parenting issues. I will blog about marriage; divorce; remarriage with kids; step-families or blended families; updates on family law, including divorce, custody, visitation & child support and some fun stuff too. I will also be reviewing tons of products, software and services and hosting many blogfest and prize give~a~ways.

I am currently dealing with some serious issues involving parenting teens in a techno world; cyber-bullying; cyber stalking; and parenting a child with a disability. While many of you are parents or grandparents and might enjoy some of these topics, it wouldn't be fair to inundate this blog with topics that others find irrelevant and I wouldn't be giving these topics the awareness they need if I only sprinkle this blog with these topics, now & then.

Don't worry, I promise I will still be here & will continue to follow all of your blogs, as often as I can.

Not long ago, I mentioned a big prize give~a~way, on this blog, for reaching the 400 follower milestone. Well, thanks to Arlee Bird's amazing A to Z blogging challenge, 2013, I am far closer to 500 followers, than I am to 400. I now have about 475.

This is perfect timing because I get to combine my good fortune of gaining followers from the A to Z challenge with my previously planned give~a~way, and hopefully help launch my new blog in the process.

I will be using Rafflecopter, this time, for my contest, (live & learn) isn't that what this whole blogging process is about?

The contests (not really an appropriate word because you don't really have to do anything to win) will officially open on Tuesday, May 14, 2013 and will end on Thursday June 13, 2013. That gives you an entire month to put your name into the hopper. I said you didn't have to do anything, didn't I? I didn't lie. You don't have to really do much of anything.

You've all seen the rafflecopter entry form and you know how it works. Your name will be entered a certain number of times for doing little things like, following this blog, leaving a comment on a blog post, following me on Twitter, FaceBook, Google Plus, Tweeting about the contest, posting about it on FaceBook or other social media sites, writing a blog post on your own blog and promoting the give~a~way,...and yes...for following me on my new blog. I had to get find a way to throw the new blog in there.

Of course some of the options are only available to you one time, e.g. following this blog, following on Twitter, etc. However, some of the options allow you to earn entries every single day, e.g. tweeting about the contest, giving it a shout out or mention on Google Plus, or other social media sites. Some options will give you more entries than others. Obviously you will have your name entered many more times for an actual blog post on your own blog, promoting the contest, but you've done this before, you get the idea.

Now, for the best part. What will the prize or prizes be?

Is that what you want to know?

I had a feeling.

There will be a more than one prize...more than two. This is all I will share with you today; if you want to know more, you'll have to come back on Tuesday. One prize is an Amazon gift card, but the grand prize...is...wait for it....

The Grand Prize is an Ipad Mini 4G.

So why don't you head over to my new blog right now. I only have one post, but hey...it's a start. Go on, I'll wait for you here, while you check out, Karma Carbs.

Okay, now that you're back, I have something else I need for you to share with the blogosphere. You may or may not know (probably have figured it out by now), I am sort of computer illiterate, and have no design ability or talent. I am seeking one of you cool graphic designer type gurus to create something that you will probably consider simple.

I would like a custom deigned button announcing my 500th follower give~a~way and alerting readers that they can win an iPad mini. Of course, I will compensate you for your services. I just don't know where to look. If you or anyone you know is interested in this job (for pay), please email me with your ideas and your fee.

Please spread the word about the launch of my new blog and this contest. The url for the new blog is only temporary while I wait for my custom domain to redirect the traffic. I think "Go Daddy", said it will take a day or so. See-total computer idiot here.

I hope you are all having a wonderful Sunday and a wonderful Mother's day. See you on Tuesday.

BTW, if you do happen to stop by my new blog, before the contest officially opens, you will receive bonus entries for following me on GFC, more bonus entries for leaving a comment and a boat load of entries if you offer to post as a guest author, so check out my blog topics & see if anything interest you.

The design is not the best, but after a makeover from The Cutest Blog on the Block, it will be rocking!

After you take a look @ my topics, I will tell you about a second contest, I am hosting. My "Name this blog" Contest. So put the creative side of your brain to work. I figure that with the multitude of authors. writers, poets, musicians & other creative types hanging out in this awesome community, someone will have a kick ass name to share.

Best Mother's Day Gifts: Mom's of all Kind

noreply@blogger.com (Melissa Sugar) — Sat, 11 May 2013 05:36:00 +0000

Top Mother's Day Gifts: Variety of Choices for Every Mom

Mother's Day is the day after tomorrow. Have you picked out the perfect gift? Are you scrambling for last minute gift ideas, like me?

This is an in depth list that includes a variety of gifts for mom's of all ages. You can find something here for the hostess mom; gardening mom, trendy mom; hipster mom; grandmotherly mom; professional mom and every other mom.

We only have one mom, so let's make this Sunday a special occasion for her. Let your mom know how much she means to you.

Here is my list of favorite gifts, in no particular order. Prices vary from under five bucks to over two hundred.

1. I love this one and wouldn't mind (at all) hint...hint...hmm...hmm, if my hubbie helped my little darlings pick out a Zip up Smart phone wallet or clutch for mommy dearest. They are reasonably priced at under $50 and come in a variety of colors.

2. The Ipad Pouch, also under $50

3. How about these adorable mini sticky notes. They are perfect for tabbing your manuscript (I mean for your mom to tab her reading), and they are less than 5 bucks.

4. If your mom is un-~~like~~ me, and thrives on her organizational skills, check out these daily schedulers & planners, for under 20 bucks.

5. More for the organized mom. The custom name chalkboard wall sticker, for about 30 bucks.

6. Does your mom enjoy gardening? I do (I mean my mom does). Pick up a set of these nifty dipped plant markers for only twelve ($12) dollars.

How about some gifts for the mom who enjoys entertaining guest:

7. I stumbled upon quite a few conversation sparkers. What guest wouldn't eat their greens, when the salad is served in this row boat salad bowl? For just $6, it also comes with a set of wood serving utensils.

If your mom is anything like my mom, she has picky eaters to cook for. "I don't want vegetables in my lasagna," or "I want extra cheese." And it never fails, my sister always has her healthy request...something like whole wheat pasta only.

Problem solved, with the trio lasagna pan. Another bargain for under twenty bucks.

Don't you just love lacquer? My mom adores anything lacquered and I found these bright, cheery & colorful Square Lacquer Trays for under $25 dollars.

If you have kids then your mom is also a grandmother & we all know how much granny loves to entertain our children. Kids can be messy & we wouldn't want to discourage their creativity. Now you don't have to. Just toss this doodle tablecloth on the table and the kids will entertain themselves throughout dinner and grandma will have an artwork masterpiece to show her friends, all for around sixty bucks.

Have trouble keeping up with the number of guest you have? Me neither, (at least not until after a few cocktails), but just in case, why not use the trendy Ella James, Numerology Napkin Rings, What a bargain at under seventy dollars.

Wine...Vino...Didn't I just say something about drinking wine? I must have, because now it's on my mind. What dinner would be complete without a glass of vino? You want to give mom a real conversation starter? Give her these funky wine glasses. Now you can tell who guzzles their wine too quickly and who nurses just one glass.

Try the fun, "sands of wine," WIne Hourglasses. Just flip the glass to start its timer ~ and the table conversation. A set of four will set you back $75 dollars.

But, these funky hourglasses aren't just for wine. If mom prefers her cocktail shaken not stirred, then opt for the time honored Martini Hourglasses.

Not so fast. I'm not quite finished sharing my wine related choices for mother's day. Now, I'm not a snob, so I'm not about to knock the wine in a box thing, but hey...if mom's gonna drink wine out of a box, I say let's jazz it up for her.

Just like you, me or our mom, like to put on our fancy clothes when we go out on the town...well, we can dress up that box wine, too.

This next item was something new to me. I saw it for the first time today, but fell in love with the creativity and sassiness of it.

Next time mom wants to bring her box of wine to the family barbecue, both mom & wine can arrive in style.

Give mom's box of wine a fashion makeover, dress her up in a baggy wine coat for $60-75 bucks and take her out to play.

More gifts to help mom around the house.

Every mom knows what its like to lose a sock in the dryer. Make it easy for mom to pair them up with her very own Sock Exchange, for about thirty bucks.

Don't you love hooks? I do. I'm like addicted to wall hooks...anything vertical, that gets the ~~crap~~, kids junk, off the damn floor. Check out these cotton reel wall hangers, stunning hangers for coats, scarves, hats etc., in the shape of a spool.

Does mom ever get stressed out & wish she had a punching bag? If not she can still use this gift to turn her laundry chores into a workout, for only forty dollars.

Does your mom enjoy reading books? That was a stupid question. Of course she does...she's your mom. Does she need some awesome book ends to hold all of your published novels? These are seventy dollars.

Don't you wish you could buy your mom a book every week or two? Me too, but it would be very expensive. What if mom could borrow two or more e-books per month, from Amazon or Barnes and Noble for her Kindle or Nook. Now she can for only $29. Let's hope she already has an e-reader...or a birthday coming up.

What to get the health conscious mom: I have a few ideas

Why not start with a Fitbit Zip Wireless Activity Tracker. What a nifty & resourceful gadget for under fifty bucks.

And she'll need some cute & comfy yoga pants, to look her best while power walking through the neighborhood. Victoria Secret has several colors and patterns, all for under thirty dollars.

Or maybe mom would rather get fit, in her own home with a complete Zumba Kit, for around $75.

So you want some ideas for the fashion savvy mom, you say. Well, you come to the right place.

I bet your mom would love sporting her new Marc Jacobs, leather ID bracelet. She'll never know you bought it for less than a hundred dollars.

Or maybe your mom is more into personalized and sentimental jewelry. Then a personalized storyteller bracelet or necklace, is what you're looking for. You can get either one for a little over a hundred dollars.

Does mom need an overnight bag? Maybe she lives out of town and you want her to visit, soon. Why not pack her in style. This one is a little pricey, but the two hundred dollar, day and night cow fur satchel is a knockout.

Do you love the comfort of Toms shoes? Then you'll, (I mean your mom) will fall in love with Toms Strappy Canvas Wedges For around seventy dollars, mom will be styling.

And, last, but not least...

Why not pamper mom?

Our moms are the reason we are here and most of us owe our mother so much. What a way to show mom your gratitude, pamper her in style. For under a hundred bucks you can treat mom to the luxury of unwinding at home with a wine/spa basket.

Cloud 9 Living is available in most major cites and offers a host of packages and experiences including a special offer on the "treat mom to a day at the spa" package. Check out their site for other amazing adventures.

I had a few more gift experiences to share, but if I keep typing, Mother's day will be here and I will have not shopped.

Happy Mother's day to all of you who are mothers, daughters, grandmothers, aunts, sisters, god-mothers, step-mothers and to all women who have someone in their lives who make them feel special. You don't have to be a biological mother to enjoy recognition on Mother's day.

I am so grateful for my own mom and for my children who made me a mommy.

A to Z Blogging Challenge Reflection Post

noreply@blogger.com (Melissa Sugar) — Thu, 09 May 2013 07:49:00 +0000

Reflections From the 2013 A to Z Blogging Challenge:

In case You were kidnapped by aliens and were on a different planet last month, I am referring to Arlee Bird's spectacular, imaginative, innovative, annual A to Z blogging challenge, which takes place every year, during the month of April.

Melissa Sugar's Reflection:

I want to share my experience with you in hopes of encouraging bloggers who have never participated, to join the maddening fun, next April.

My theme this year, a Guide to crimes & courtroom procedures for crime fiction authors, was pretty much the same as last year, with a different spin.

I had a more difficult time, with the challenge this year, but that was my own fault. Last year, I wrote all twenty-six (26) post, a month or so in advance of the challenge. This year, I did not have an opportunity to pre-write my post, so I was scrambling from day to day to get them written. This of course, took away precious time that could have been used visiting other blogs.

Life gets in the way. That's a fact of life that we all live with. The month of April, 2013, demanded much more of my time than anticipated. Work, kids, school events, family illnesses and getting my manuscript out to the agents who requested it, all took away from the time I'd set aside for visiting blogs. That just reinforces my advice for future A to Zr's, and advice that I will follow:

Preparation is the key. Preparation is the key to doing well as a lawyer, in trial and preparation is the key to doing well in any task that requires time and effort.

Pros:
1. I met new bloggers and discovered some really cool blogs, that otherwise, I probably never have discovered.

2. I reconnected with bloggers from last years challenge

3. I gained new followers and readers

4. I learned a lot from many of the blogs I visited. I learned about the craft of writing, which I am always hungry for, but in addition I learned about comic book heroes, poetry, photography, traveling all over the world, delicious and simple, family friendly recipes. I played mystery games and deciphered puzzles and codes (well I tried- others deciphered), I played word games, I offered words beginning with certain letters and I discovered links to awesome writing and agent blogs.

5. If you, like me and and one third of the rest of the entire world, followed Alex Cavanaugh's A to Z post, then you were introduced to at least one new (maybe not new to you) blogger, each day. Alex recognized a blogger each day for their outstanding attributes and he also shared vital news with us about authors, book debuts, and every thing else you missed because you didn't have any extra time during the month of April to read every single blog in the blogosphere. No need. Just pop over to Alex's blog and catch up on the latest. I've said it a million times, Alex is the awesomist. (Okay so not a word, but neither was ginormous, at one time.)

6. My biggest accomplishment this year during the A to Z challenge is that I finally attempted to join in the Twitter fun (yes I know I am twitter illiterate- I am a Twit). But, with the help and encouragement of J. A Bennett, at A Writer's Journey, I jumped in. Of course, I remained lost in the massive tweets coming at me from every direction, but unlike in the past, I did not dodge the flying tweets and close the Twitter screen as fast as I could. Check out her Letter "T" is for Twitter Post, if you, like me, have a Twitter phobia.

Then when you finally decide to stick around for a while and give this Twitter thing a chance, you will definitely want to become friends (if you aren't already) with Melissa Bradley. Melissa Rocks! Melissa is the first friend you'll want to find as you navigate the choppy waters of Twitter-if you're a Twitter newbie or like me, a Twitter Twit. Melissa is amazing and she will give you loads of advice and she will help promote you on Twitter and show you the ropes. She will even introduce you to her other Twitter Friends. Like I said, Melissa Bradley and J.A. Bennett, not only rock, they rock Twitter, as if it were a Van Halen concert in the 80"s.

Find them on Twitter J.A. Bennett and Melissa Bradley.

Careful: Warning- Once you get the learning curve, Twitter can be quite addictive

Cons: Do I even have any?

1. I wish I would have been more prepared so that I could have visited more blogs

2. I missed having the random blog generator widget that was offered in 2012. I loved it. You could click, "next" for the next blog or "random" and you would be directed to a random blog from the challenge. The best part was that the widget kept track of how many blogs you visited. Hopefully they can bring it back for 2014.

3. I know that Arlee and all of his minions went above and beyond and out of their way to explain to bloggers, just how inconvenient the word verification requirement is and they explained in detail how to remove it from your blog. Despite all this, I still came across far too many blogs in this year's challenge with the word verification requirement & it drove me insane. But not as insane as...

4. Blogs that blared music from the second I landed on their page until I ran away as fast as I could.

Overall the challenge was awesome and with better prep work on my part it would have been fantastic. Thank you Arlee Bird and thanks you to all of the wonderful folks who helped Arlee pull off such an amazing challenge. I loved it and I will most definitely participate next year. I will, however, write all twenty-six post, in advance.

Looking forward to A to Z blogging challenge 2014

Murder Mystery & Mayhem: Monday

noreply@blogger.com (Melissa Sugar) — Mon, 06 May 2013 18:25:00 +0000

Pain Has A Flavor

My Monday Murder/Mystery Book Review:

Now that I finally have a blogging schedule, Monday of each will will feature a Murder, Mystery or Mayhem Post:

I was going to review a different book today, but I decided to wait until I have finished each of the Edgar Award nominees, before reviewing any of them. I am currently reading Potboiler by Jesse Kellerman, the last of the nominated books. I'm sure you are all aware, Live by Night, by Dennis Lehane, won best novel. I will reserve comment on my choice about the award, until my next post.

Warning: Spoiler Alert~~ If you haven't read Touch & Go, you may want to skip my review.

Today's Monday Mystery Review: Touch and Go by Lisa Gardner

Touch & Go, by Lisa Gardner; Dutton, 400 pages, $26.95.

What does pain taste like?

Let me begin by saying that Lisa Gardner is one of my favorite authors. The woman is an incredibly talented writer who is a master at putting ordinary families through emotional and physical torture. She has a gift for writing psychological thrillers about families. When I purchased the book, I couldn't help but notice that readers either loved this particular book or found it disappointing. I am in the first group. I loved it. Touch and Go is a taut thriller, jammed packed with action and full of compelling, believable, flawed, multi dimensional characters.

One of Gardner's best qualities is her dedication to research. I read an article, about the amount of research she puts into each novel and it is astounding and admirable. She definitely knows her police procedure and forensics.

"Pain has a flavor..."

This is how Gardner begins her story and it hooked me from the beginning, just as her writing always does. The speaker is Libby Denbe and she is having dinner with her multi-millionare, handsomely rugged husband, owner of Denbe Construction. Libby recently learned that her husband Justin has been having an affair. The dinner, date night, is the couple's attempt to get past their problems and work on moving forward in their marriage. The night does not end well.

Upon returning home from dinner, Libby, Justin and their teenage daughter, Ashlyn, are terrorized (Justin & Ashlyn are tazed), kidnapped, drugged and taken to a remote hiding place, which just happens to be a state of the art prison, designed and built by none other than Denbe Construction. For funding or other reasons, the isolated prison never officially opened and it now becomes home for the captured family.

An entire family vanishes, without a trace. There is no ransom and no apparent motive. The police respond quickly and readers are treated to characters from previous novels, making their appearance. Sgt. Dee Dee Warren play a minor cameo role, but private investigator, Tessa Leoni, plays a major role in Touch and Go.

While being held captive in Denbe's state of the art- modernized prison, the family struggles to act civilly toward one another, and one by one each of their secrets rise to the surface. Libby, the beautiful, wealthy socialite is suffering withdraw symptoms. She turned to Vicodan as an escape from the pain of her husband's affair and soon became addicted. Ashlyn, their fifteen year old princess, the one thing they both still view as the best part of their marriage, isn't such a good little girl after all. Ashyln miscarries during their captivation. The father of her child is none other than daddy's right hand man.

Gardner is known for her fast paced, page turning thrillers and Touch and Go is no exception. The story's tempo is right on, the pacing is perfect and she is a master at raising the stakes at just the right time. Her plot twist (plot points & pinch points) are perfectly timed, as she is gifted in the art of story structure.

Touch and Go takes us inside the lives of a seemingly perfect family and viscerally shows us how they react to the pressure of their captivity. The characters are fleshed out, multi dimensional and above all, they are realistic and believable. I enjoyed the vivid description of the villains (kidnappers), there are many villains in this psychological thriller.

The dialogue is emotionally gripping and often subtle. I love Gardner's style and voice and especially her dialogue. Her sentence structure is nothing short of genius, using fragmented sentences to stress points and increase tension. I like how she alternates POV characters between the third person accounts of the law enforcement investigators, the kidnappers and the first person deep point of view of Libby Denbe. It allowed me to easily connect with Libby. She was real.

Gardner does an excellent job of providing many potential suspects, each with their own motive and agenda. It keeps you guessing until the end. Speaking of that, I have to admit, I did guess Justin's involvement in the caper, but not until close to the end, when his body was taken from the crime scene. However, I was still guessing up to the very end and did not figure out the final plot twist. I've read the reviews of the readers who complained that they had it figured out (Justin's involvement), but you know what:

That's okay, folks. It's okay to figure out who the culprit is, in a thriller. A mystery is a "who dun it." That's one of the biggest differences between a mystery and a thriller. In a thriller, we often know who the bad guy is...the question that keeps us on the edge of our seats, is not who dun it...but, will the bad guy get away with it?

Gardner manages to keep us guessing about the identity of the bad guy(s) & whether or not they will get away with it

I have only two minor complaints about this awesome book:

1. It is quite a stretch to believe that none of the multiple law enforcement agencies, investigating the kidnapping, would have searched the properties built by Denbe Construction.

2. Libby is suffering from withdraw from pain killers and while the methadone given to her by one of her captors would certainly stave off some of those symptoms, I don't believe Libby would have been able to function as well and make such clear headed, decisive choices, those first few days without her meds.

Minor- minor, petty issues, I admit

Touch and Go by Lisa Gardner is a story of greed, infidelity, selfishness & love. What you will take away from this novel:

Appearances aren't always what they seem. You never know what goes on behind the closed doors of another's home. The obvious is often right in front of our faces and we either choose to ignore it (denial) or we don't recognize it until it's too late.

I hope to see Gardner explore the relationship between Tessa Leoni and Wyatt in her next book.

I highly recommend this psychological thriller.

Rating: A-

Gardner has an excellent set of though provoking questions on her web site, that you might want to dig into. If you are in a book club, her questions are perfect for your group discussions.

For a more in depth discussion of Touch and Go, check out Karen Ballum's book club discussion on Blogher

My favorite line: " Pain has a flavor. The question is, what does it taste like to you?"

Photo from the above website, Blogher, with an excellent discussion of Lisa Gardner's Touch and Go.

So, what does pain taste like to you?

Me? Lemons soaked in buttermilk

Your Turn: What does Pain taste like to you?

Novel Writing: How Much Description Do You Like?

noreply@blogger.com (Melissa Sugar) — Sat, 04 May 2013 05:48:00 +0000

Description in Your Novel: All or Nothing or Somewhere in Between: Where Do You Stand?

Do you enjoy reading long passages of in-depth description of settings and character? Do you hate being bogged down with too much description? How much is too much? How little is not enough? It's a confusing issue, especially for newer writers. Experts, agents, publishers, and published authors seem to have conflicting opinions on the subject.

Many writers believe that you shouldn't go into too much detail in your narrative. They find it boring. I've read just about every book on the craft of writing and I've read conflicting advice on this topic. Some writer's and readers don't even like for the author to provide a physical description of the main characters in the novel. They like to form their own picture, in their mind of what the character looks like. I've read books and blog post (No- I cannot think of the particular authors right now) by writers who are disappointed when the character's description contradicts the image they have already conjured up in their mind.

On the opposite end of the spectrum, you will find experts, like novelist and professional book doctor, Jeff Gerke, author of The First 50 Pages, The Art & Craft of Writing Christian Fiction, and Plot Versus Character. There are many more professionals who share Gerke's view on the description issue, but he is the one who came to mind as I began writing this blog post.

In his book The First 50 Pages, Gerke discusses the school of thought that says the author should never describe anything or anyone. "Let the readers see my places as he will," and I will never dictate anything to the reader, is the motto of this school of thought. Gerke, quickly points out that he is not of this school. His opinion is that the choice not to describe, is better attributed to simple laziness than to artistic individualism and the let it be notion. Gerke quits reading a book, after page one, if he cannot picture the people and the places.

I read all genres, but I'm partial to mystery/suspense, thriller, legal thrillers, and other crime fiction and I don't find as much description in these genres as in the chick-lit, YA, and other books that I read. I suppose it's because, thriller writers concentrate more on action. I love action, but too much action is a turn off for me. I'm not into speeding car chase after car chase...after car chase. I need a breather; I need to come up for air.

I fall somewhere in the middle of the two schools of thought. I need to be grounded in the book that I am reading, and that requires some description. I admit, however, that I am not a fan of long, flowery prose and I really don't like description overkill.

I read a book last summer (I am not going to give the title or name the author, because, It was clearly not my favorite read), but it was a legal thriller and the author is considered a celebrity of sorts. I was boggled down with the author's description of the character's clothing and her lavish meals. At times, I felt like I was reading a travel guide, highlighting the eating and drinking hotspots of L.A. Other times, I was certain, I had picked up a copy of Vogue or a Neiman Marcus catalog.

Every time the protagonist changed clothes (which was often), the reader was given a detailed description of the clothing, the name brand, store that said outfit was purchased from and how exceptional the beautiful protagonist looked in the alluring, sensible, casual, or- just-for-fun attire.

Likewise, every time the main character enjoyed a meal or cocktail, the reader was given an overly detailed description of the bar or restaurant, from the outside landscaping, bushes, flower beds, type of concrete walkway- to the interior colors, ambiance, bar stools, decor, paintings on the wall, the gold piping on the cobalt and ecru colored dinner plates to a run down of the entire menu, including the twenty or so appetizers, salads, entrees and deserts that she contemplated.

Whew! I had to come up for air, just thinking about those long, descriptive passages that the author drowned me (and the story) in.

For me, it was way, way, way too much information. It did not advance the plot. You know the kind: Full of double, triple adjectives and adverbs. The specific color red of her lipstick, the exact pink hue of her pumps.

I recognize that I am in the minority, when it comes to reading descriptive passages, but I tend to skip over large chunks of block text that does nothing but describe a person, place or event that is not pertinent to the story and is not necessary to move the story forward. I want the writer to give me a physical description of the main characters, but I am not going to quit reading on page one, if they have not done so. I much prefer getting to know the characters in the books I read, by their actions and dialogue. I can form a vivid image of a hunky hero or a bitchy main character, by the way he or she acts, reacts, treats others, speaks to others, and how other characters view him or her.

Before writing this blog post, I re-read certain parts of my favorite novels to find what I like best about how the authors managed the issue of too much vs. not enough description, and this is what I discovered.

1. Great authors manage to slip description in without me recognizing it as a descriptive passage. They find ways to blend it into the story.

2.Use all five senses for description. Smell and touch are often overlooked, but both convey more with less.

3. Pain, balance and weather are are effective conduits of description

4. I like when an author uses movement as a method of setting description, by letting the setting unfold, little by little as the character moves through the scene.

Denise Robbins, wrote a good article about description, a while back, but I found it very informative and useful. Here is an excerpt, from her blog post, Description in Fiction that really brought it home for me:

A good, effective description evokes a vivid picture, drawing the reader into the story by allowing him/her to experience it through sensory detail, yet leaves the interpretation open enough so that if you ask any two readers what they "see," they will tell you something different. A well-written description moves the story along and adds to characterization.

Notice that last sentence. Description is not meant to be “filler”. Good description moves the story along. Remember, you do not want to bore the reader.

Too much or too little? It's all in the eye of the reader. Where do you stand? Do you enjoy detailed description when you read or do you prefer the bare bones minimum, just enough to orient you to the story? Somewhere in between? What about when you write? Do you use a little, a lot or somewhere in between? Do you have any suggestions or tips to offer for writing effective description?

X- Are You Obsessed with Your Spouses Ex?

noreply@blogger.com (Melissa Sugar) — Mon, 29 Apr 2013 16:35:00 +0000

Are you Obsessed with your Ex? Worse, Are you Obsessed with your Spouses Ex?

Do you have a character in your book who is obsessive, perhaps suffering from a personality disorder? Or maybe your character is just an insecure person? Perhaps we are discussing your evil villain?

We read articles every day about woman and men, unwilling to let go of their past; they hang on & cling to past relationships. I want to bring awareness to another type of obsession that is just as dangerous, unhealthy and destructive: Obsessed with your partner's ex.

With the advent of the Internet, law enforcement has been inundated with a new kind of bullying and stalking, Internet stalkers and cyber bullies have found an area where they feel safer, because of the illusion of anonymity. Teen bullying has been addressed in many recent blog post and we've all run across articles pertaining to the obsession of an ex, but law enforcement is now dealing with a widespread trend of stalkers whose target is someone the predator considers the competition. Woman (and men) are using social media and anonymity to stalk their partner's ex romantic interest.

10 Signs that you are obsessed with your partner's eX- romantic partner.
Is this You?

First of all, it is normal for humans to be somewhat curious about our partner's past relationships. We want to know what went wrong and it's also completely healthy & normal to occasionally wonder about the ex:

What does he or she look like? Are they prettier or more handsome than I am? When do you cross the line from normal and healthy curiosity to an obsessed, crazed, insecure stalker?

Read the list of warning signs. How many apply to you or your character? More than a few and you or your character might need to consider seeking help from a trained mental health professional.

1. You think about your partner's ex on a daily basis

2. You know as much or more about this person as his or her friends know

3. You stalk their social media pages: Facebook, Instagram, Twitter, Blogs etc.

4. You constantly ask you partner about his/her ex

5. You spend hours sifting through old photos of your partner and his/her ex (or just photos of the ex)

6. You pretend to be someone else and comment on his/her blog or website

7. Your obsession is causing problems in your own relationship

8. You conduct your Internet searches, comments, tweets, post, etc. in private or secretly

9. You comprise your own post, tweets, comments or Internet remarks with the object of your obsession in mind (you fantasize about their reaction)

10. You lie about your partner's ex and bash them publicly and/or on the Internet

If two or more of the above listed criteria, ring true, it's time you step back and take inventory of your life and your relationship. If you suffer low self esteem or have a low self image, you can work with a trained mental health professional to build your confidence.

If you recognize yourself in the above criteria and you do nothing then at a minimum you are looking at a short lived romance with your partner. Think about it: Does your obsession with his/her ex cause friction in your relationship ? Does it feel like a marriage/relationship of three? Is your partner inciting your obsessive behavior? Does he/she goad you? If that's the case, perhaps you're in an unhealthy relationship. However, if you have a loving and loyal partner and you still find yourself obsessed with his past, then you need to address the issue. If not, disaster is brewing.

Least case scenario: Your unhealthy obsession ruins what could have been happy and healthy romance

Worst case scenario: Your obsession & stalking will lead to a law suit and/or criminal charges

I will post letter Y, tonight and yippee ......tomorrow is letter Z

Let's make a final push, visit twice as manyA to Z blogging challenge post, today & tomorrow.

W- Warrant of Execution

noreply@blogger.com (Melissa Sugar) — Sun, 28 Apr 2013 06:04:00 +0000

Death Sentence Warrant

Letter W- Warrant:

For the letter W, I was going to discuss search warrants, but changed my mind and decided to touch on a different warrant, one that we normally, don't hear as much about.

Warrant Of Execution:

In Louisiana, the Code of Criminal Procedure provides that once the Supreme Court of Louisiana affirms a sentence of death, after review on appeal, the court of original jurisdiction (trial court) shall cause to be delivered to the Secretary of The Department of Public Safety and Corrections, a certified copy of the indictment, verdict, sentence and a copy of the judgment affirming the sentence.

The trial court shall also issue a warrant commanding the secretary to cause the execution of the condemned prisoner. The warrant shall specify the date upon which the condemned shall be put to death, which date shall not be less than sixty days nor more than ninety days from the date the warrant is issued. In Louisiana, an execution can only be carried out between the hours of 6 and 9 P.M.

Now, you are probably saying, hold on a minute...no prisoner is ever executed that swiftly. And you'd be right. That's what the law states, but then we have something called the appellate process that intervenes. After State appeals are exhausted, the defendant will begin the process in federal court. And, so begins the plethora of last minute appeals.

If any federal or Louisiana court grants a stay of execution, or if the governor of Louisiana grants a reprieve the trial court must reset the date of the execution and the process begin all over again.

A woman cannot be executed if she is pregnant. Did you know that an incompetent person cannot be executed, but he may be given medication to make him competent so that he can then be executed?

The process is a lengthy one and it is physically, mentally, and emotionally draining on all involved parties.

Are you for or against the death penalty? Has your opinion changed in the past 5-10 years? Does your state have the death penalty? If so what is the average amount of time that an inmate lives on death row before he (or she) is executed?

In Louisiana, the process takes a minimum of twelve years and sometimes more than twenty. I prosecuted my first death penalty case in 2000 and the condemned has not even come close to his execution date.

Read this, if you are interested in a more detailed blog post that I wrote, last year, on the death penalty: Death Penalty: Countdown to an Execution.

I have some more gift cards to award. I also have two more winners to announce on Sunday or Monday and I've selected the winner for the Robbery question, which will also be announced Sunday or Monday.

As with all my other post for the 2013 A to Z blogging challenge, this information is provided to you for entertainment purposes only. We are nearing the end and I hope you've found this information helpful in writing your mysteries, suspense, thrillers and other crime fiction.

Motion to Vacate

noreply@blogger.com (Melissa Sugar) — Fri, 26 Apr 2013 01:02:00 +0000

Vacation: I know what y'all are thinking and hell yes, a vacation would be perfect, but not that kind of "Vacation."

Since we're still making our way through the alphabet, this vacation will fall in with my crimes, criminal law & courtroom procedure for crime fiction writers.

Vacation: The annulment of a previous judgment or decision, the act of setting aside or canceling.

This motion is usually filed by a party to a lawsuit who lost the suit by default because they failed to appear in court. The mover must show the court that the judgment was issues in error, usually because the moving party was not properly served and was not aware he was expected to appear in court.

You're basically saying, " judge, this is unfair. I wasn't even aware of the suit so I did not have an opportunity to defend against the allegations of wrongdoing ."

You are asking the judge to vacate the judgment against you and order a new trial .

Usufruct Interest in Property & Quitclaim Deeds

noreply@blogger.com (Melissa Sugar) — Thu, 25 Apr 2013 06:15:00 +0000

Usufruct~ Say what? Use of what?

Louisiana estate law has what is called Usufruct & Rights of Inhabitation.

The usufruct of something is similar to what some states call a "Life Estate."

Suppose a man with grown children remarries and wants to to leave his home to his children, but does not want his new wife to be put out on the street, upon his death. He can designate, in his will, that his wife will have the usufruct of the home. What does that mean? It means that upon the wife's death, the family home reverts back to his children. The usufruct, unless otherwise stated, also terminates upon the wife's remarriage.

So how is this different than owning the property, you ask. When a person completely owns property, the ownership gives the owner certain rights, including the right to use and dispose of the property as he or she sees fit. The true owner can sell, destroy, convey, or transfer his rights.

A usufruct is a right in property, owned by someone else, normally for a specified, limited period of time or until death. A person with a usufruct has the right to use the property, enjoy the fruits of the property, rent the property and collect the rent money, to the exclusion of the real, true or naked owner, but they cannot dispose of the property. They also cannot destroy the property and the person with the usufruct right in property, does not have the right or ownership to will the property to their heirs.

A usufruct is a legal right, granted by one person to another.

Now, I am heading off letter here, but I received an email from a reader, asking me to explain the legal term, quitclaim deed. Apparently, I mentioned earlier this year, that I would try and cover the quitclaim topic during the A to Z challenge. My apologies and I will now provide a brief answer.

What is a Quitclaim Deed?

More importantly, what right does a person (the character in your book) convey to another, when they sign a quitclaim deed?

Quitclaim deed: Transfers or "quit" any interest in real property. The problem arises when the grantor is not in the title or has only a partial or minimal interest in the property. A quitclaim deed is not a warranty deed and the grantee cannot assume that the grantor has any real interest to convey.

A quitclaim deed is the least protective deed. In a nutshell, a quitclaim deed only conveys whatever rights or interest the grantor has in the property. Quitclaim deeds are often used to transfer property between family members and between parties to a divorce. You will often find one party to the divorce conveying their ownership rights of the marital home via quitclaim deed. This is often as a result of a court order by the judge handling the divorce. Remember, however, the mortgage company is not obligated by this transfer and the lender does not care about the divorce.

If both parties were originally on the mortgage, the party who assumes ownership via the quitclaim deed normally must refinance the home (not always, the conveying spouse may agree to remain liable on the mortgage.) A big problem arises, when only one party was originally on the mortgage.

Example: Tom and Susie get married and either Tom owns the home prior to the marriage or Tom is granted a mortgage by the lender in his name only. This can happen for a variety of reasons, but a common one is that Susie's credit would have hurt their loan application. Now, Tom is the sole name on the mortgage and sometimes the deed will be in only Tom's name and sometimes it may wind up in both their names. However, only Tom has a contract with the lender. Tom and Susie divorce and Susie remains in the home and Tom signs a quitclaim deed. Is Tom off the hook?

No way.

Susie is unable to refinance the home in her name only (big possibility since Tom viewed her as a credit risk to begin with which is why he obtained the mortgage in his name only). What is Tom's recourse?

If Susie continues to timely pay the mortgage, Tom may opt to do nothing. But, if Tom finds that this arrangement is hurting his chances of obtaining a new loan for a new home, Tom can force a sale of the home unless Susie is able to refinance the home in her name only or pay off the mortgage in full.

Example: Tom & Susie own a home and both their names are on the mortgage and deed, they divorce. Tom remarries and remains in the home. Tom signs a quitclaim deed conveying his interest in the home to his new wife. What does the quitclaim deed transfer to the new wife?

Only the portion that Tom owns, it does not alter or change Susie's ownership at all.

Example: Change the facts a bit and the home is in Susie's name and her name is the only name on the mortgage. Tom remarries and signs a quitclaim deed conveying one half of his interest to his new wife. What interest has Tom conveyed to his new wife?

That's right, Zero interest. Tom can only convey through quitclaim deed, what ownership rights he has and when he has none, his quitclaim deed conveys exactly that, none.

Hop over to the sign up list for the 2013 A to Z blogging challenge and help those bloggers who still have under fifty (50) or one hundred (100) followers, reach their next big milestone.

See you tomorrow. Wow, are we on the letter V, already?

T- Trace Evidence

noreply@blogger.com (Melissa Sugar) — Tue, 23 Apr 2013 21:35:00 +0000

What is Trace Evidence?

Connecting a suspect to a crime scene is essential to proving guilt. One method of developing such a link is comparing trace evidence.

The major kinds of trace evidence: The list in not an exhaustive list.

1. Hair

2. Fibers: Questioned fibers can be compared to fibers from a known source, such as carpet fibers

3. Fabric

4. Feathers

5. Minerals

6. Glass

7. Paint

8. Explosives

9. Dust & Dirt

10. Fluids

11. Blood

12. Bite marks

13. Headlamp Filaments

14. Shoe Prints

15. Tool Marks

16. Arson Debris

17. Wounds

18. Questioned documents.

19. Paint

That's all for today. A short post as we are all probably in need of some down time.

Strychnine: Classic & Painful Poisons

noreply@blogger.com (Melissa Sugar) — Tue, 23 Apr 2013 06:05:00 +0000

Strychnine: An Agonizing Death For Your Fictional Character:

Letter- S of the A to Z Blogging Challenge

Kill her with the slower acting poison, strychnine.

You must really want your character to suffer...and suffer she will. Picture your character buckling to the floor and corkscrewing in agony while in the final throes of strychnine poisoning. While a popular choice for film and literature, it is not so popular in real life homicides. One reason it may not be the most attractive real life choice for a killing is the bitter taste.

Strychnine is a colorless, crystalline powder with an extremely bitter taste. In literature, characters most often, swallow the deadly poison, but your victim can be poisoned by skin or eye contact. It can also be inhaled as a dust.

Strychnine attacks the central nervous system within ten to twenty minutes (sometimes longer if taken on a full stomach) and the symptoms are similar to tetanus or lockjaw. Symptoms start with the victim's face and neck becoming stiff, followed by uncontrollable and violent spasms in the arms and legs. The spasms become increasingly worse until the victim is almost continuously in an arched-back position. Think of a gymnast with both her hands and feet on the floor and her back in a high arch. The victim dies from asphyxiation.

Strychnine poisoning is usually fatal, unless the victim receives immediate medical care, before the convulsions and seizures begin.

Strychnine is listed at the highest level of toxicity and is currently used primarily as a rodent poison.

Listed as one of the top ten deadliest poisons in the world.

Agatha Christie once said, "Give me a decent bottle of poison and I'll construct the perfect crime." Read more about Christie's murders by poisons over on A Blog For English Lovers.

I'm sure many of you know this, but the story of Agatha Christie's beginning, goes something like this: Supposedly, during World War 1, a young woman challenged her sister to write a mystery in which the the villain commits an undetectable murder. The writer's response to that challenge was a brilliant and cleverly written piece of fiction that spins the tale of strychnine and murder. That story launched the career of one of the most famous mystery writers of all time. Agatha Christie's novel, The Mysterious Affair at Styles was published in 1920 and Christie went on to write more than sixty more, successful mystery novels.

There is altogether too much strychnine about this case - The Mysterious Affair at Styles, Agatha Christie, 1920.

Wow, we're nearing the end of the month. I can't believe it. I know I've slacked off lately, on visiting other blogs, especially new blogs (blogs new to me). Let's all make a big final push this week and visit as many other blogs as possible, in the A to Z blogging challenge.

Robbery- For Crime Fiction Writers

noreply@blogger.com (Melissa Sugar) — Mon, 22 Apr 2013 18:50:00 +0000

Robbery is one of the most confusing & misunderstood criminal offenses:

Robbery is often confused with the somewhat similar criminal offense: Burglary

Before I explain the difference, I should tell you the elements of the criminal offense, robbery.

{Keep in mind that criminal elements and definitions, vary from state to state.}

Simple Robbery:

(1) The taking of anything of value

(2) Belonging to another

(3) From the person of another

(4) Or that is in the immediate control of the other

(5) By use of force or intimidation {but, not armed with a dangerous weapon.}

The crime is enhanced to Second Degree Robbery, when the offender inflicts serious bodily injury. It is further enhanced to First Degree Robbery, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon; and the offense is enhanced to an Armed Robbery, when the offender, in fact, has a dangerous weapon.

There is one additional enhancement, which is actually an additional criminal offense: When the dangerous weapon used in the commission of an armed robbery is a firearm, the offender shall be imprisoned at hard labor for an additional five years (the five years is not subject to probation, parole of suspension of sentence} & shall be served consecutively to the sentence imposed for the armed robbery.

Simple robbery carries up to seven years, with or without hard labor and the penalty for each enhanced robbery carries a stiffer penalty, up to Armed Robbery which is punishable by imprisonment, at hard labor, without the benefit of probation, parole, or suspension of sentence, for not less than ten years, nor more than ninety-nine years.

Without going into too much detail of each and every element of a burglary, here are the main distinctions between robbery and burglary:

A robbery requires the taking of something of value from another. A burglary is the unauthorized entering of a dwelling, car, boat or other structure, with the intent to commit a theft or felony, therein.

Do you recognize any of the important distinctions?

Unlawfully entering another person's home, car, or boat: Burglary, but not robbery.

Breaking into someones home with the intent to steal money: Burglary, but not robbery

Unlawfully entering someones home {without their permission}, but not breaking a window or lock, entering through an unlocked door, with the intent to rape the home's occupant: Burglary, not robbery.

It doesn't matter that the door is unlocked, it is an unlawful entry. The intent to commit a rape is the intent to commit a felony, therefore, a burglary. For a burglary to occur, it is irrelevant that the offender does not actually commit the theft or felony therein; the only requirement is the intent to commit a theft or felony, therein.

Robbery requires the actual taking of something of value, from another, belonging to another. So a man approaches a woman in a shopping mall parking lot, unarmed and demands that she give him her watch and shopping bags (I intentionally did not say purse, because purse snatching is a separate and distinct crime).The woman is frightened by the man and his size and obvious ability to harm her so she hands it over. This is a robbery.

The man knocks her to to the ground and stomps on her, leaving her unconscious~ this is a second degree robbery.

The man has his hand inside of his sweatshirt-hoodie and is pointing something at her though his clothing, but the woman is unable to determine what it is. It could be a gun or could be his cell phone or merely his finger. So long as the victim is led to reasonably believe that the man is armed, it doesn't matter if he is actually armed. This is First degree robbery.

But...

If the man actually has a weapon, it is an armed robbery.

Robbery requires, actual taking, so an unsuccessful attempt to take is an attempted robbery.

Today's Crime Fiction Play Along:

(1) Zoe needs to use the bathroom & she is locked out of her house. She's been drinking beer all day and is about to pee in her pants. She notices that her neighbor's door is unlocked, so she enters and relieves herself, while setting off the silent alarm. The police arrive and arrest Zoe. What crime is Zoe guilty of?

(a) Burglary
(b) Robbery
(c) All of the above
(d) None of the above

(2) Zach approaches a woman as she is getting into her car in a parking garage. Zach demands her money and tells her he will rape and kill her if she does not give it to him. He snatches her necklace from her neck and runs away. What crime has Zach committed?

(a) Armed Robbery
(b) Burglary
(c) Simple robbery
(d) First Degree Robbery

(3) Same fact pattern as above, except, in this scenario, Zach tell the woman that he is armed with a knife.

(a) Armed Robbery
(b) Simple Robbery
(c) First Degree Robbery
(d) Second Degree Robbery

(4) Zoe knocks her ex-boyfriend to the ground and takes the iPhone that he has in his pocket. Zoe is arrested, but the police learn the she is actually the true and rightful owner of the iPhone. What crime is Zoe guilty of?

(a) Armed Robbery
(b) Simple Robbery
(c) First Degree Robbery
(d) None of the above

Play along! Winner receives a $25 Amazon Gift Card.

How many blogs have you visited so far, in the 2013 A to Z Blogging Challenge?

Q- Motion to Quash & Quid Pro Quo

noreply@blogger.com (Melissa Sugar) — Sun, 21 Apr 2013 03:43:00 +0000

A Motion To Quash & Quid Pro Quo:

A motion to quash is a motion to vacate, annul, or void, especially through judicial action. There are many reasons to file a motion to quash and as many things that need quashing.

Motion to quash a subpoena

Motion to quash an indictment

Motion to quash the make up of the grand jury

Notice I said, Motion to Quash~not Motion to Squash. I often hear people mistakenly referring to this motion as a motion to squash.

Quid Pro Quo: Latin term for what for what or something for something.

Here I am playing catch up again on the weekend. I did not get around to playing any additional crime fiction games and as you can see my post for the letter "Q" is a day late. So I was going to choose a random commenter as the recipient of one of the $25 Amazon Gift Cards, but as I reviewed my comments, I decided to bestow this gift on someone who has faithfully read and commented on each and every one of my 2013 A to Z blogging challenge post.

Congratulations, Chuck, from Apocalypse Now. If you are not already following Chuck's blog, you should. He writes some amazing, off the wall post and even throws in some really cool, quirky and detailed stats & colored charts. They're a must see.

CompileBox - Your Website Information Compiled!

noreply@blogger.com (Melissa Sugar) — Sat, 20 Apr 2013 10:25:00 +0000

CompileBox - Your Website Information Compiled!

Prisons: Top 10-The Best, The Worst & The Most Unusual

noreply@blogger.com (Melissa Sugar) — Fri, 19 Apr 2013 04:08:00 +0000

Prisons: Top 10- The Good, The Bad, The Ugly, The Wacky & The Thriller Dancing Prison:

10. San Pedro Prison, LePaz Bolivia: Imagine a prison with no guards, no police and where the prisoners establish their own rules. Inmates must purchase their cells, so the rich live in luxury (well as far as luxury goes in La Paz- in prison), and the poor in the ghetto cells. Inmates must work and the prison has stores and restaurants. Take a look for yourself. This is a short (little over a minute) you tube video clip.

Once you pass through the security gates, any resemblance to a normal prison disappears. Children are permitted to live in the prison, whole families may reside on the inside. There are schools, on the inside, for children to attend. If that doesn't blow your mind, take a stroll through the market stalls, dine at a restaurant {Okay, not a 4 star, but...it's prison, after all.} Want your hair cut, or a mani/pedi? Head over to the hair salon. There is even a hotel for guest. No guards, not metal bars, no weapons. There is a small catch. As the saying goes: Nothing is free, freedom has it's price. And the San Pedro Prison is no exception. The inside of San Pedro Prison resembles the streets of Bolivia's poorest neighborhoods. Inmates must pay for their own cells, so most have to work, inside the prison.

"If you have money you live like a king." According to the fun & quirky website: Odee, Money buys posh private cell accommodations with their own bathrooms and kitchens. In the poorer section of the prison, inmates must still pay for their cell, but it is a small, shared cell.

San Pedro is also rumored to be a large producer of cocaine base.

What do yo think? Is this the way to go? Would it serve as a deterrent in America if we starting making criminals pay for the cost of their government ordered, mandatory residences?

9. Beauty Prison: If the above prison has a beauty shop, El Beun woman's prison in Bogota, Columbia is known for hosting their own inmate beauty pageants. "There she is...Ms. America..." I wonder how the inmates, who are incarcerated for drugs, murder and a host of other crimes, do on the final question portion of the pageant. You know the moral-do good question. "How would you save the world," or "How can we fight world hunger." or better yet, "Ms. Contestant, gives us your view on how we can fight the war on drugs?" Yea! That's the question I want to ask the beauties in their skimpy outfits and extravagant headdresses.

8. Highest Suicide Rate: La Sante Prison, Paris France:
Once home to Panamanian Dictator Manuel Noriega, La Sante prison, has the highest suicide rate in the world. The 23- hour- a -day lockdown in cells with an average temperature of one hundred degrees, is considered a contributing factor in the number of inmate suicides.

7. Angola Bound- Louisiana State Prison. The worst of the worst. If you are interested in reading more about Angola Prison, check out my earlier post and watch a clip of Aaron Neville singing "Angola Bound."

6. San Quentin State Prison- California~~~~ Holy shit! Look at the inmates locked in their cells. This would be enough to make me to consider suicide. San Quentin is known as a gang affiliated prison, in fact not being a member of a gang is extremely dangerous.

5. Maricopa County Jail, Phoenix Arizona~ Hold up. This is a county jail, not a prison and the living condition are so intolerable that in 2008 and again in 2010, a U.S. District Judge ruled the prison conditions: unconstitutional. One part of the jail is called tent city. Tent city is outdoors and the heat index has been measured as high as 165 degrees.

All inmates are required to wear pink undergarments. Say what?

4. Tadmor Prison, Syria: In 1980, Syrian President Hafez-al-Asaad ordered the massacre of between 500 and 800 Tadmor Prison inmates. Clean up, after the massacre, took two weeks. The prison was known for severe beatings and hangings without cause.The prison was closed after President Hafez-al-Assaad's death in 2001.

3. Can prison be Thrilling? That might be a stretch, but at the Cebu Prison in the Philippines, inmates and a professional choreographer, practice and rehearse hours each day for their production of Michael Jackson's Thriller.

Dancing is a form of rehabilitation for the inmates. If you watch just one of my video clips, you gotta see this one.

2. Australian Prison, Justice Center Leoben~ Austria's 5 Star Prison. Listen to these staggering statistics. America has a higher crime rate, than Austria, for virtually every crime including, murder and drug offenses. Austria trumps the U.S. in just one crime category. Why is the burglary rate in Austria an elephantine 40% higher than in the U.S.? Take a look at the photos below and you'll see why. You can't get a hotel like this for free. Down on your luck and need a luxurious place to hang for a while...book you cell now.

Indoor soccer, anyone?

A gym, without the monthly fee...ah, but I bet they get you with the lengthy contract. It could be for years.

Inmate's cell. Nicer than my first apartment. Hell, nicer than many of the places I've lived.

and...of course, the romantic, honeymoon suite, a/k/a prisoner's conjugal quarters. It comes with fresh flowers and all. I wonder if they serve champagne & strawberries?

1. Family Friendly Prison- Aranjuez, Spain.

Toddlers Behind Bars: This Spanish Prison, offers family cells for couples with children

I didn't cover many of the well know, famous prisons such as Alcatraz, because I figured that most of you are already familiar with them. I tried to hit some of the most extraordinary.

Overdosing on Kratom:

noreply@blogger.com (Melissa Sugar) — Thu, 18 Apr 2013 06:47:00 +0000

Overdosing on OTC (Over the Counter) or Herbal Remedies:

While overdosing, technically, is not a crime, I wanted to use today's letter "O", to address the rising use of trendy drugs that are technically legal to purchase in the U.S. In fact many of the these drugs can be purchased at gas stations, head shops and other stores that cater to buyers searching for "paraphernalia", commonly used in connection with other drugs.

First there was a drug called bath salts, yup, that's what I said. And ladies, I'm not talking about the those luxuries that we pamper ourselves with while soaking in a hot bath. "Bath Salts" is the the label that once described a legal, synthetic drug. It has since been outlawed in most states. There are other synthetic drugs and herbal drugs, available to anyone who wants them, but the one I want to raise awareness about is called, Kratom. Have any of you heard or read about Kratom?

Kratom, unlike bath salts, is all natural. Then again, didn't cocaine derive from a natural growing leaf or plant? Same for THC. Kratom is indigenous to Southeast Asia, and apparently has been around for centuries. I'm just becoming aware of it, because of an incident that occurred where I live. A teen recently overdosed on Kratom.

Proponents of the leaf, argue that it's a safe alternative to Oxycodone and that it is actually beneficial in weening addicts from heroine. In small doses, it's purported to give the user an energy boost and in larger doses, it creates a mellow effect. Kratom is also a sedative as it acts on the opioid receptors. Proponents of the drug also claim that it works as a relatively safe pain killer and makes users feel strong, confident, active and optimistic. It also claims to work as an anti depressant and to relieve anxiety.

Here is what one website, claims about the herbal extract Kratom , from Thailand.

"Kratom is one of the mightiest tools you can ask for when it comes down to keeping body and mind synchronized, to keep both of them fit under the abrasions of modern life, and especially to bring them back to form once fatigue, pain, depression and loneliness have set in."

"It has multiple functions," said the site, which sells kratom leaves, powder and extracts, as "a strong and reliable herbal painkiller, to relive depression and as a social and professional enhancer to intensify communication skills and induce higher motivation."

Wow! That's a mouthful. So what is kratom: wonder drug or danger knocking of the doors of death? If it's so amazing and can heal and has all the answers to major medical maladies, why haven't the U.S, money hungry, pharmaceutical companies jumped on the medical miracle bandwagon?

The biggest problem I have with the claims is this: While kratom is legal in the United States, if it is truly safe, why then is it illegal in Thailand, where the leaf is grown?

There is also the issue of proper dosing. All of the sites that I researched, recommend different amounts of kratom and it comes in powder, leaf and capsule . When the FDA and the DEA do not regulate or monitor a drug, there is no possible way for users to know how the herb or chemical will react with other prescription and non prescription medications, that the user takes.

U.S. emergency rooms are seeing a staggering trend of people of all ages seeking urgent care as a result of the ingestion of kratom. E.R. doctors are treating patients for withdraw symptoms, not unlike heroin withdraw, when they stop using kratom. Kratom is currently under scrutiny by the DEA, but unlike "bath salts" and "spice", it remains legal in the U.S.

Kratom is the third most commonly used illegal drug in Thailand and in a number of countries in Europe.

Have any of you heard of kratom? What about bath salts(the drug) or spice? What's your take on the legality of such a potent drug?

Congratulations to Dawn Hamsher, the winner of a $25 Amazon gift card, for the most creative fictional murder and motive.

I'm giving away two more $25 gift card this week, so tune in on Friday and Saturday for a chance to win.

N- In the News: Nude Photos- Better Not Text Them

noreply@blogger.com (Melissa Sugar) — Wed, 17 Apr 2013 01:56:00 +0000

Today's Letter is N- In the News

I ran across some disturbing information and thought I would have to wait until it was time for my letter T post, for texting or S, for sexting, but I believe I can squeeze it in under the letter N- for Nude Photos.

Not the way to get your ex back. Jilted teen learns the hard way.

So you're girlfriend breaks up with you and breaks your heart. You're pining after her and she's not taking your calls. What should you do?

(a) Nothing- Get over it, you're only 17.

(b) Follow her around like a sick puppy professing your love

(d) Remember the naked photo that you took of her and concoct a brilliant plan to get her back. Text said nude photo of your 15 your old ex-girlfriend to her mom and threaten to publish the naked photo on the internet if mom refuses to let her talk to you.

The answer is not letter D- Not if you don't want to go to jail.

This one is far worse. A man discovered a naked photo of his girlfriend's daughter and he sent the photo to forty of the girl's friends, from her contact list. His defense: "To teach her a lesson."

The culprit will have lots of time to learn his own lesson. He is currently in custody and facing several child pornography charges. Never text nude photos.

This nude photo story is enough to make you cringe: Teens using nude photos to blackmail other teens. This one is not any better, Teens Use Nude Photos to Blackmail Girls.

I am a mother of teen girls and the reason I initially joined Facebook was to monitor their online activity. Well, teens being as techno savvy as they are, ditched Facebook for Instagram. I read a news article about an iPhone app that teens are using, primarily for sexting and sharing nude photos. It is called Snapchat.

How many of you parents out there are concerned about the amount of texting our kids do? What about their social media presence? Facebook? Instagram? Do you monitor your teens internet use and if so what method or methods to you use?

Now hop over to the A to Z blogging challenge, sign up list and visit more bloggers.

In a rush to get this post published and I'm still reading all of your motive/murder/crime scenarios and a few mentioned stopping back by, so I will announce the winner on Wednesday. Stop back by, tomorrow I will have another crime caper with the chance to win another $25 Amazon gift card.

Motives for Murder & Other Crimes

noreply@blogger.com (Melissa Sugar) — Mon, 15 Apr 2013 05:19:00 +0000

It's Monday & What Better Way to Begin: What is your motive for murder, uh-em, I mean, what is your character's motive for her crime?

Is there a perfect crime?
What is it?

Let me begin by stating that in many jurisdictions, including Louisiana, motive is not an element of the charged crime. What that means is that the prosecutor is never required to prove to the jury, what the accused's motive was for committing the crime. Having said that, it has been my experience that while a jury is told that they cannot and may not require the prosecution to prove a motive: The jury still expects it. We all do. . We all want to know why a person does what they do. This of course, carries over into our novels. We all know how important it is for us to show our readers what motivates our characters. It's human nature.

There are many different types of motives for various crimes. I will focus today on the common motives for murder.

There are three major factors that law enforcement look at when investigating a crime or a suspect:

Means, Motive & Opportunity:

Modus Operandi, which is the Latin phrase for M.O. Method of operation. This is better known as the habits or traits or signature of a particular criminal.

Motives:

Ambition

Blackmail

Bribery

Cover up- another crime

Debt

Fear

Flight

Frame- to frame someone else for a crime

Gain

Greed

Hate

Jealousy

Love

Mental Illness

Mercy

Pride

Protecting someone else from being convicted of a crime

Rage

Religion

Revenge

Ritual

Rivalry

Sacrifice

Sadism

Self Defense

Serial Killer

Sex

Thrill

I am sure that there are other motives, but those are the one that come to mind.

So, how can you win today's $25 Amazon e-gift card? It's simple, really. In the comment section, use one of the listed motives or one of you own that you come up with and briefly describe a fictional scenario, using your chosen motive for murder or any other crime. The most clever (and in choosing the most clever- one of many deciding factors will be the likelihood of your fictional character getting away with or stumping the detectives on the case), motive/crime scenario wins $25 Amazon Gift Card.

Okay my clever, blogger, fictional criminals, put your minds to work and get busy creating your crime. Remember, to win, you must connect your crime to your chosen motive for the crime. Winners be announced on Tuesday.

I also need your help in another matter. You may or may not be aware, that D.L. Hammons is hosting his own blogging challenge within the 2013 A to Z blogging Challenge.

Today's recipient of the Blog Blitz is Erin Funk, who has been blogging for less than a year and has under fifty followers. Please take a minute and pop over to Erin's blog and help us blitz her with comments and new followers. Come on, that's the way you do it: Show your blogging hospitality. I'm counting on you.

Limine- Motion in Limine

noreply@blogger.com (Melissa Sugar) — Mon, 15 Apr 2013 04:41:00 +0000

Motion in Limine

Before I begin my already late post. I invite all of you to hop over and read Erin Funk's Blog. Please leave her a comment and please become her follower. She is Monday's recipient of Don Hammons' Blog Blitz, which is a really cool blogging challenge within the A to Z challenge. Help us blitz Erin's blog, please.

"In Limine" is a Latin phrase which means "at the threshold".

Today's Letter is "L"- Limine

A motion in limine (pronounced- in lemon-ee), not (in- lime-un-ee), is a pretrial motion filed by either side which asks the judge to exclude or include certain pieces of evidence or specific testimony at the trial. The motion is made prior to the trial, to prevent the evidence from ever "crossing the threshold " or ever entering the door. A motion in limine is filed and argued prior to the trial and outside the presence of the jury, because, if the motion to exclude is made during the trial and the jury is able to hear the evidence or even if the jury only hears the question, the case will be infected...the jury tainted.

A motion in limine is usually made long before the trial, often before the jury pool has been selected or brought to the courtroom. The government and defense will usually have a certain day or days, set aside, prior to the trial for the sole purpose of arguing the motions in limine. The judge may rule on the motion at the conclusion of the hearing or he may take the matter under advisement, in which case he will normally have his law clerk research the issues and read the briefs that the parties have submitted. Once the judge issues his ruling, one side (the losing side) will make a formal objection to the court's ruling, on the record. This is mandatory, if the losing side wishes to preserve their right to appeal the trial court's ruling.

An experienced, skilled trial attorney recognizes the benefit of utilizing a motion in limine, early in the process. The jury (and often the public) is only exposed to the battle that occurs in the courtroom, during the actual trial. However, a trial lawyer's success in winning their own motions in limine and in defeating opposing counsel's motions in limine, gives them a winning edge, long before the trial commences. One side, in a single motion can cripple their opponent's strategy by eviscerating essential elements of their defense; eliminating crucial testimony; disposing of red herrings or allowing or excluding controversial evidence, testimony or argument. The prudent and skilled trial attorney who wins the majority of their motions in limine, in essence, begins the trial with a winning edge. The opponent has an uphill battle, before the trial even begins.

A motion in limine can also be made during the trial.

What are some examples of a motion in limine?

The defense might file a motion asking the judge to prohibit the government from bringing up evidence of other-prior bad acts, that the defendant has been accused of committing.

The state might ask the judge to rule before the trial begins that defendant, not permitted to carry multiple bibles into the courtroom.

The defense might file a motion in limine asking the judge to prohibit the government from mentioning that the accused belongs to a gang, as it would be improper character evidence.

Motions in limine are not reserved, solely for evidentiary purposes:

The defense may file a motion in limine requesting the judge to order that his client be dressed in street clothes and that the jury never see the accused in handcuffs, prison uniform or shackles.

It is not uncommon for one or both sides to file a motion in limine requesting the judge to adjourn court each day "at a reasonable time" This can really piss off a judge, but I have joined opposing counsel in this motion in limine, when a particular judge is known to go well into the night, past 8:00 PM.

When certain defense attorneys have previously tried cases against me, some have filed motions in limine requesting the judge order me not to use certain hypothetical scenarios in my voir dire.

Below are two clips from you tube, by two different attorneys. The first is from a Florida attorney, J. Kevin Hayslett , whom I know and respect.

The second clip is longer, and is presented by Professor Wes Porter.

Overly broad motions in limine are usually rejected because they seek to have the judge exclude too many possible scenarios. Often the judge, in this instance, will reserve his ruling on the motion in limine, until the issues arise during the trial.

Now hop over to the sign up list and read some more 2013 A to Z blogging challenge, entries.

Kickbacks

noreply@blogger.com (Melissa Sugar) — Sun, 14 Apr 2013 21:59:00 +0000

Letter K- Kickbacks

A kickback is a fancy term for bribes.

A kickback occurs when a person makes a payment or an offering of services with the intent to gain something from an individual, a business or a politician.

Political kickbacks are used to secure influence over voting by offering campaign contributions or other services.

As I mentioned last week, I have been inundated with a plethora of unanticipated - home, work, and family obligations. I was unable to post on Friday or Saturday. My catch up plan is this: I will post both K and L entries today (Sunday) and be back on track for Monday's letter "M" post. Next week I will resume my legal hypothetical questions and games. I will have four $25 Amazon gift card winners during my post for the letters "M-R", so check back for a chance to win.

My apologies for not visiting your blogs. I will start visiting again tonight and all next week.

Judgment of Acquittal

noreply@blogger.com (Melissa Sugar) — Fri, 12 Apr 2013 05:18:00 +0000

Judgment of Acquittal:

Today's letter is J.

I realize that I am cutting the timeline dangerously close with today's post. As I mentioned yesterday, events at home and work have prevented me from being an active participant this week, but by Saturday I will return to visiting your blogs and offering chances to win an Amazon gift card by answering a legal hypothetical.

Judgment of Acquittal or as it is often referred to in the legal system: JOA

A motion for a JOA- Judgment of acquittal is a motion made by the defense (or upon the court's own motion) at the end of the state's case (can be made again at the conclusion of the defense case), requesting a dismissal of the case, on the grounds that the evidence introduced at trial, is not sufficient to convict the accused of the charge. If the motion is granted, the defendant is acquitted of the charge and ordinarily, double jeopardy bars subsequent prosecution of the case, even if the trial judge erred in granting the motion.

When a trial judge considers the defense motion for a JOA, the judge must look at the evidence in the light most favorable to the prosecution. If the trial judge concludes, that a reasonable person, viewing the facts, in the light most favorable to the state, could not conclude, from the evidence that the defendant is guilty, he can grant a judgment of acquittal. The defense is arguing that the prosecution has failed to show a prima facie case.

The case is over...the end...without even going to the jury.

Yup, the jury sits through all the grueling and boring testimony (and the interesting and gruesome stuff, too) and the judge calls them back into the courtroom and tells them, they are dismissed. Thank you very much, for your days...weeks...months of sitting in those uncomfortable chairs for hours on end. You are no longer needed. Bye bye now. The jury is called back into the courtroom, because the motion is argued outside the presence of the jury.

If you were selected to serve on a jury and sat through a lengthy murder trial (think Casey Anthony or Jodi Arias) and at the conclusion of all the evidence, the judge dismissed you, thanked you for your time and informed you that your services were no longer required, would you be angry? Upset? Disappointed? Relieved?

Point of reference: JOA's are not often granted & they are not even permitted in all jurisdictions. Louisiana does not allow a judge to grant a JOA in a criminal case. Florida, is one of the state's where a judge can grant a judgment of acquittal, at the conclusion of the prosecution's case in chief.

I prosecuted in Florida, many, many years ago. I was an assistant state attorney, straight out of law school, for about three years, before returning to La. When I researched the legal term for this blog post, I was delighted to find a you tube clip. I was doing cartwheels and back flips when I discovered who the speaker was. Below, you can watch a very short, one minute clip, by renowned. Florida attorney, J. Kevin Hayslett. I had the honor of knowing him while I worked in Florida. In fact, I've called upon him, for advice and assistance, over the years, since leaving Florida.

If you return tomorrow evening, I will share with you, my most embarrassing story as a prosecutor. Remember, I said that JOA's are seldom granted. Tune in tomorrow for a story about my early days as a Florida prosecutor. I promise, it is one, I never planned to share.

Now hop over to 2013 A to Z sign up list, and visit some more blogs. That's what I'll be doing for most of the weekend. Time to play catch-UP.

Immunity in a Criminal Prosecution

noreply@blogger.com (Melissa Sugar) — Wed, 10 Apr 2013 18:15:00 +0000

Immunity- What is it & How Can you Get it?

Today's letter is the letter I.

Today's post for the 2013 A to Z blogging challenge, is another brief one. I also want to apologize for not visiting your blogs, during the past couple of days. I expect home life to settle down by the end of the week & I promise to play catch up.

How many of you have heard or read about the term "immunity?" How many of you know what it is?

There are actually two very distinct and different kinds of immunity. Law & Order does not usually go into the difference between "Transactional Immunity" & "Use Immunity", but if one of your fictional characters will be offering or receiving immunity, then it is best to understand the difference.

The difference between transactional and use immunity is that transactional immunity protects the witness from prosecution for the crime or crimes involved, whereas use immunity only protects the witness against the prosecution's use of his or her immunized testimony in a prosecution of the witness. The witness is still subject to prosecution for perjury, however.

How does immunity come into play?

The Fifth Amendment to the Constitution, guarantees that a person may not be compelled to testify against himself. The prosecution may require a witness to give testimony that could implicate him in a criminal act, but to do so, they must first confer immunity upon that person.

If you or your character are seeking immunity, transactional immunity is what you should aim for. Transactional immunity is broad: the witness may not be prosecuted for the underlying offense.

In contrast, "use" immunity limits the protection conferred upon the person testifying: statements made by the person may not be used against the person, but the prosecution is not agreeing that they will never prosecute the person. The prosecution is simply agreeing not to use their statement against them in a subsequent prosecution. The witness can still be prosecuted for the crime, but the prosecutor must find independent and untainted evidence.

Some jurisdictions confer full transactional immunity for any topic discussed by the witness during the scope of the criminal proceeding.

A witness, only offered "use" immunity as opposed to full transactional immunity, may not be forced to testify and may assert their privilege against self incrimination.

A prosecutor has almost full discretion in conferring or not conferring immunity.

I will return with more interactive post and chances to win a $25 Amazon gift card, later in the week.

Have You Heard

Jodi Arias Verdict: What is a Death Qualified Jury?

Verdict in Jodi Arias Trial: Well Sort of

Does the Judicial System Work?

I've practiced law for over twenty years & I was blown away by Arizona's trial procedure.

In other words, the evidence of mitigating factors does not justify the crime but will explain to the jury certain factors they must consider before deciding whether to give the death penalty or a life sentence

What the general public appears to be confused about:

My problem with the media: Better said, my issue with Nancy Grace

Larry Brooks' Manuscript Coaching

Larry Brooks' Manuscript Coaching: Your Story on Steroids

My story structure was off.

Eventually all successful writers align their story with the principles of the six core competencies.

Fab 500 Follower -Prize Give a Way (Update)

Update: I've added an easy way to earn 10 entries.

Fab 500 Followers Prize Give~a~Way

Visit My 2nd Blog

Invitation To Visit My New Blog:

No, I'm not moving. I will continue to blog, here about the craft of writing and my journey toward publication.

The Grand Prize is an Ipad Mini 4G.

Best Mother's Day Gifts: Mom's of all Kind

Top Mother's Day Gifts: Variety of Choices for Every Mom

Mother's Day is the day after tomorrow. Have you picked out the perfect gift? Are you scrambling for last minute gift ideas, like me?

How about some gifts for the mom who enjoys entertaining guest:

More gifts to help mom around the house.

What to get the health conscious mom: I have a few ideas

So you want some ideas for the fashion savvy mom, you say. Well, you come to the right place.

Why not pamper mom?

A to Z Blogging Challenge Reflection Post

Reflections From the 2013 A to Z Blogging Challenge:

Melissa Sugar's Reflection:

Preparation is the key. Preparation is the key to doing well as a lawyer, in trial and preparation is the key to doing well in any task that requires time and effort.

Murder Mystery & Mayhem: Monday

My Monday Murder/Mystery Book Review:

Now that I finally have a blogging schedule, Monday of each will will feature a Murder, Mystery or Mayhem Post:

Today's Monday Mystery Review: Touch and Go by Lisa Gardner

Rating: A-

Novel Writing: How Much Description Do You Like?

Description in Your Novel: All or Nothing or Somewhere in Between: Where Do You Stand?

X- Are You Obsessed with Your Spouses Ex?

Are you Obsessed with your Ex? Worse, Are you Obsessed with your Spouses Ex?

Do you have a character in your book who is obsessive, perhaps suffering from a personality disorder? Or maybe your character is just an insecure person? Perhaps we are discussing your evil villain?

10 Signs that you are obsessed with your partner's eX- romantic partner. Is this You?

1. You think about your partner's ex on a daily basis

2. You know as much or more about this person as his or her friends know

3. You stalk their social media pages: Facebook, Instagram, Twitter, Blogs etc.

4. You constantly ask you partner about his/her ex

5. You spend hours sifting through old photos of your partner and his/her ex (or just photos of the ex)

6. You pretend to be someone else and comment on his/her blog or website

7. Your obsession is causing problems in your own relationship

8. You conduct your Internet searches, comments, tweets, post, etc. in private or secretly

9. You comprise your own post, tweets, comments or Internet remarks with the object of your obsession in mind (you fantasize about their reaction)

10. You lie about your partner's ex and bash them publicly and/or on the Internet

W- Warrant of Execution

Death Sentence Warrant

Letter W- Warrant:

For the letter W, I was going to discuss search warrants, but changed my mind and decided to touch on a different warrant, one that we normally, don't hear as much about.

Warrant Of Execution:

Motion to Vacate

Usufruct Interest in Property & Quitclaim Deeds

Usufruct~ Say what? Use of what?

Louisiana estate law has what is called Usufruct & Rights of Inhabitation.

What is a Quitclaim Deed?

T- Trace Evidence

What is Trace Evidence?

Strychnine: Classic & Painful Poisons

Strychnine: An Agonizing Death For Your Fictional Character:

Letter- S of the A to Z Blogging Challenge

Kill her with the slower acting poison, strychnine.

Robbery- For Crime Fiction Writers

Robbery is one of the most confusing & misunderstood criminal offenses:

Robbery is often confused with the somewhat similar criminal offense: Burglary

Today's Crime Fiction Play Along:

Q- Motion to Quash & Quid Pro Quo

A Motion To Quash & Quid Pro Quo:

CompileBox - Your Website Information Compiled!

Prisons: Top 10-The Best, The Worst & The Most Unusual

Prisons: Top 10- The Good, The Bad, The Ugly, The Wacky & The Thriller Dancing Prison:

Overdosing on Kratom:

Overdosing on OTC (Over the Counter) or Herbal Remedies:

N- In the News: Nude Photos- Better Not Text Them

10 Signs that you are obsessed with your partner's eX- romantic partner.
Is this You?

It's Monday & What Better Way to Begin: What is your motive for murder, uh-em, I mean, what is your character's motive for her crime?

Is there a perfect crime?
What is it?