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I guess it's a grey area until there is something on the books that explicitly mentions freeze distillation. People enter freeze distilled beers in homebrew competitions all the time (there's even an official category for one type) so it can't be outright illegal like real distilling. It just seems really silly to me that it's perfectly legal to ferment a beer to 15% ABV but if you brew a beer that is 10% and concentrate it to 15% you're a criminal.
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Oct 25, 2013 14:09
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The difference is that "distillation" contemplates a method of increasing the alcohol content of a drink beyond what the yeast could add to it naturally. The way you do it isn't really relevant: If you do a thing to a beverage, and when you're done doing that thing the ABV is higher, you're a distiller. Sitting next to the barrel and waiting for the bacteria to drown in their own waste isn't "doing a thing". So if reducing the temperature of the beverage to near-freezing and then drinking some of it would raise the ABV, making you a distiller and landing you in jail, then the conclusion is that you should drink only warm beer. Class dismissed.
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Oct 25, 2013 14:28
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stringball posted:Can someone shed some light about where to go on this? I don't really trust some of the sites that you just fill in info and talk to a lawyer. Did some googling, here's the firm who settled the original lawsuit, so you might want to start with them: http://sheller.com/Risperdal/
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Oct 25, 2013 18:55
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internet celebrity posted:... There's a big difference between illegal and enforced. For example, google for Georgia criminal statute 16-6-2 wherein paragraph (a)(1) criminalizes blow jobs. Also, it makes perfect sense to outlaw an activity even if there is a different activity having the same outcome that is legal. The activity is illegal, the outcome is not. For example, murder is illegal even though everyone dies.
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Oct 25, 2013 19:09
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... so it can't be outright illegal like real distilling. It just seems really silly to me that it's perfectly legal to ferment a beer to 15% ABV but if you brew a beer that is 10% and concentrate it to 15% you're a criminal.
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The topic of distillation is making me wonder, how often does a judge encounter a situation where he just says, "Man, I have no idea what the gently caress these people are talking about" and just wings it? edit: or rather, how does a judge avoid getting into that situation? They can't be an expert on everything.
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Oct 26, 2013 04:17
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SkunkDuster posted:The topic of distillation is making me wonder, how often does a judge encounter a situation where he just says, "Man, I have no idea what the gently caress these people are talking about" and just wings it? Not grant cert. on patent cases?
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Oct 26, 2013 04:25
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What is reasonable to expect to pay for a fairly basic will? "I, Bubba Gump, leave objects X Y and Z to my only son, Gubba Bump Jr" with none of them being houses or cars or whatever.
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Oct 26, 2013 04:28
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SkunkDuster posted:The topic of distillation is making me wonder, how often does a judge encounter a situation where he just says, "Man, I have no idea what the gently caress these people are talking about" and just wings it? Actually, more problems come in when judges decide they are experts. Us lawyers often prepare filings using a formula that assumes the judge is not an expert. I was in a hearing last week wherein the judge was asking patent law questions specifically because he didn't know that area of the law. There have also been plenty of times that the judge was winging it or just plain distracted. That's when all that silly procedure for preserving issues for appeal comes in.
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Oct 26, 2013 05:37
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patentmagus posted:Actually, more problems come in when judges decide they are experts. Us lawyers often prepare filings using a formula that assumes the judge is not an expert. I was in a hearing last week wherein the judge was asking patent law questions specifically because he didn't know that area of the law. I practice construction litigation and this is Every Case, even at the $1+ mill claim level. Please get a lawyer everybody. 
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Oct 26, 2013 06:00
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Just wondering if now is the time to lawyer up just in case anything else happens. Quick summary is as follows: -I am a teacher in an inner-city type environment. -Our principal is extremely ineffective at managing behaviors within the school (kids that should be put in ISS or sent home are not) and this is something my coworkers have been grumbling about, not just my own personal opinon -Within my classroom, I have systems set up to encourage good behavior--however nothing seems to work. Positive reinforcement doesn't motivate. They don't care if I call home. They don't care if they get written up (because when it gets to the office the admins don't do anything). My classroom consequences don't matter to the kids. -I have one kid who is so disruptive, it gets all the other kids riled up and I literally cannot teach. I gave my principal an enormous pile of documentation on this child, to include things he does as well as work samples (meaning work he refused to do) and a behavior contract he refused to sign. He does not listen to anything I say, gets out of his seat, pretends to fall on the floor from his chair when he *is* in his chair, gets other kids to bang on desks and stand on their chairs, constantly blurts out "what the gently caress????" when I say anything, etc. Even though I gave my principal the documentation of all this Friday morning, he was still in my class Friday afternoon. All of that should have been ISS at the minimum as it has been going on for weeks now. -The student I mentioned above, who seems to stir up all the other kids, has an IEP on which his behavior issues are mentioned with a behavior goal. Obviously he is not meeting the goal at all. He is 12 years old. -I am unable to do my job during certain times of the work day because of all this. I got through 15 minutes of 45 minute lessons each day last week due to this child. My principal is the type that would pin it all on me and say that I need to change my classroom management techniques even though I gave her documentation of everything I have tried, she has seen lesson plans and knows I plan enough work, etc. I have seven years experience and I have seriously never had a class this bad. -I am in NC, so for teachers we don't have a union so a union rep is no help. So, should I retain a lawyer, so that if nothing is done to get this child out, I can force something to be done? I am running out of ideas, and for other reasons I don't want to get into, I can't resign. Leaving a job mid year for a teacher is kind of a kiss of death to your career, for starters, but there are other things too preventing me from leaving right now. I am just trying to get through until June, when I can find a better school. But I feel backed into a corner, big time. -edit: I also have emails I sent my principal about this issue, to which I never got a reply, etc. which can all be printed off for further documentation.
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Oct 26, 2013 21:53
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-You should be able to get a personal liability policy specifically geared toward teachers. I have looked into this myself, though because I'm in a state that does offer a "professional education association," I was referred to that instead. Whatever company provides your homeowners/renters insurance should be able to give you more info. -Everything you are doing to document is perfect, as you know. Continue to do that. If the parent tries to go due process, they will most likely go the path of least resistance, so the easiest teachers to pick off will be the ones who have provided absolutely no data, no communication, and no evidence that they have tried to a) help the student, b) work with the appropriate administrators, and c) communicate with the parents...which brings me to the next point, and you know I have to ask it. -What do the parents say? (I know, I know...don't worry - I'm totally not trying to blame you on this one.) -Start the FBA process. Those are usually "teacher-led" anyway. If your principal won't help you, go above him, or move laterally within the school/system to someone who is more knowledgeable with special ed. How big is your district? Who is the mover in terms of SPED? Who are your allies? I'd start the process, get the other teachers who have also had problems with the kid to document too, and tell the caseworker that this cannot go on. If he's on a behavior IEP, it's not the first time they've heard this. Once the FBA is in place, and start it ASAP, give him a goal until Christmas. -Find out who your district's ABA specialist is. Email that person and get him/her in there. This person probably knows this kid already. His full IEP should have every person listed who is required to visit him, and how many times per month they visit. If it's behavior, he most certainly has an ABA specialist visiting, and you are within your rights to contact that person and tell him/her that you are having major problems with behavior in class. It behooves nobody for this kid to escalate. -In the meantime, teach yourself basic ABA techniques. I know that it's bullshit that you should have to do it, but I know that you don't want to be miserable. I taught inner-city for a few years, so I completely get what you're dealing with. It sucks. Would I get a lawyer? Probably not, because as I'm sure you know, parents like this usually don't give enough of a poo poo about their kids to bring about lawsuits. It's usually the tiger moms that do it. I'd go the liability insurance route and keep good data, because it will be cheaper, and just try everything in my power to get him out of my class. Furthermore, I'd be afraid that using legal muscle would get me fired. Then again, I am NOT A LAWYER, NOT giving legal advice. I'm just a teacher who has been in your shoes too many times to count, unfortunately. *hugs* Minnesota Nice. fucked around with this message at 02:28 on Oct 27, 2013 |
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Oct 27, 2013 02:26
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Skywriter posted:-You should be able to get a personal liability policy specifically geared toward teachers. I have looked into this myself, though because I'm in a state that does offer a "professional education association," I was referred to that instead. Whatever company provides your homeowners/renters insurance should be able to give you more info. I can join NCEA or PENC and one of the perks of membership is legal representation should anything go to due process or if you feel like you're in the position of needing to sue the school for some reason. So, I will join, it's only like $30 four times a year or something. Money well spent. I am going to schedule an IEP meeting to add a BIP on top of his behavior goal, so I will be doing an FBA in order to be sure the BIP is appropriate. He is not serviced by the ABA person (in our school district, the title isn't ABA but it's the same thing) and I could tack that onto the IEP as well. I have already been consulting with her heavily, usually about twice a week for 45 minutes each time on my planning, trying to figure out solutions. It may help once I add this service to his IEP, where he has to get pulled from class to see that behavior teacher one on one. As for the parent...well, the apple doesn't fall far from the tree. In my district, it's often easier to text with parents rather than call (for some reason, they will respond to texts immediately but let phone calls go to voice mail). I texted this child's mom on Thursday, and told her he was disrupting my class by saying "what the gently caress?" and instigating other kids. She replied with a really nasty threatening sounding text. I screen capped it and sent it to my principal and another administrator. My principal on Friday, when I gave her all the documentation of his work, behaviors, etc, said she was going to call the parent because she was not going to have parents talking to me like that. So, needless to say I was shocked when Friday afternoon rolled around and he was *still* present in my class rather than being placed in ISS. Me and my husband are moving out of state in 2014, but I have to make it through until June. It sucks so bad! But I need to stick it out til then because I need the references and I don't want weird employment gaps. 
Hip Hoptimus Prime fucked around with this message at 19:23 on Oct 27, 2013 |
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Oct 27, 2013 19:20
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Let's say my dad died and I want to see his will. He does not have an estate/will filed with the county. Is there any way I can get a hold of it? My mother won't let me see it. More than likely, nothing was left to me, but I don't trust my mother and I want to see what it says for myself if possible.
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Oct 27, 2013 19:22
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Hip Hoptimus Prime posted:I can join NCEA or PENC and one of the perks of membership is legal representation should anything go to due process or if you feel like you're in the position of needing to sue the school for some reason. So, I will join, it's only like $30 four times a year or something. Money well spent. I hate to say this, and I'm certainly *not suggesting this*, but I have known teachers who have ignored kids like this long enough that the kid will do something really stupid to get him/herself thrown out. We have had kids throw desks, punch teachers, punch cops, sell crack in class (not even kidding) etc... Sometimes the kids pick themselves off. I don't necessarily condone it, but as we always said at that school, we were "spending 90% of our energy on 10% of the kids, and they were the 10% who did not want to be there." Screw that. I started putting one kid out in the hall, and when administration started giving me hell for it, I said "great! Give me another place to put him, because he's not coming back in here. Here's the data on how much better our class does every time I remove him from my class." I was not going to cry myself to sleep about someone who gave zero shits about being there. I think what you're doing is great, and it sounds like you are able to add some things that will hold him accountable. Hopefully the BIP will "help." Does your district have alternative schools? I'm sorry that his mom is awful.
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Oct 27, 2013 21:37
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Skywriter posted:I hate to say this, and I'm certainly *not suggesting this*, but I have known teachers who have ignored kids like this long enough that the kid will do something really stupid to get him/herself thrown out. We have had kids throw desks, punch teachers, punch cops, sell crack in class (not even kidding) etc... Sometimes the kids pick themselves off. I don't necessarily condone it, but as we always said at that school, we were "spending 90% of our energy on 10% of the kids, and they were the 10% who did not want to be there." Screw that. I started putting one kid out in the hall, and when administration started giving me hell for it, I said "great! Give me another place to put him, because he's not coming back in here. Here's the data on how much better our class does every time I remove him from my class." I was not going to cry myself to sleep about someone who gave zero shits about being there. Yes, we have alternative schools. That's one the reasons I've been documenting like crazy--to have enough to get him sent there. I teach him twice a day and another teacher of his said that he also gets nasty/disruptive with her. Our principal has sent the whole staff emails about how if we put students in the hallway, the student is winning. So I don't know what to think about that. But in my case if I leave him in the room he is winning because he is able to turn the whole class completely against what I'm trying to accomplish. I feel like my hands are tied.
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Oct 27, 2013 23:29
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Hip Hoptimus Prime posted:Yes, we have alternative schools. That's one the reasons I've been documenting like crazy--to have enough to get him sent there. I teach him twice a day and another teacher of his said that he also gets nasty/disruptive with her. This is getting way outside the scope of legal questions, but I'd say you should prioritise doing what's best for as many of your students as possible, rather than "winning". It's a pity the principal doesn't see it that way.
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Oct 28, 2013 01:52
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internet celebrity posted:I guess it's a grey area until there is something on the books that explicitly mentions freeze distillation. People enter freeze distilled beers in homebrew competitions all the time (there's even an official category for one type) so it can't be outright illegal like real distilling. It just seems really silly to me that it's perfectly legal to ferment a beer to 15% ABV but if you brew a beer that is 10% and concentrate it to 15% you're a criminal. IANAL but happened to find a discussion on another site about freeze distillation. It linked this http://www.ttb.gov/rulings/94-3.htm for the relavent govt. ruling. It refers to reducing the volume of beer, basically by freezing and removing the water ice. It is against the law to reduce the ABV by more than 0.5%. There you go.
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Oct 28, 2013 14:28
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Purely hypothetical, maybe fun question for your lawgoons. I was having a conversation with some friends over the weekend about the restoration of voting rights for non-violent felons that's been going on in Virginia recently. At one point in our conversation someone said, "Yeah, but you've got to know when you're about to commit a felony, these people knew the risks so they shouldn't get their voting rights back!" to which someone replied, "No way, you can probably commit a felony without knowing it." So my question is this: what are some of the "easiest" felonies to commit, and are there actually felonies people can commit without knowing it? Does such a thing even exist? I think I remember certain types of traffic violations being felonies, but they're not the sort of thing that you'd be like, "oops I didn't realize that was a crime" (eg. hit and runs, vehicular homicide, etc). State is VA I suppose, but I'm just curious in general.
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Oct 28, 2013 14:32
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There are a myriad of things a newbie can do to a gun that seem harmless but are, in face, terrible terrible felonies. Ex: Forward grip on a pistol, cut a barrel 1/4" too short, not taking it for repairs immediately if it malfunctions in certain ways Your odds of actually getting nailed for one of these are debatable but they exist on the books as crimes that are actually enforced.
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Oct 28, 2013 14:41
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jassi007 posted:IANAL but happened to find a discussion on another site about freeze distillation. It linked this http://www.ttb.gov/rulings/94-3.htm for the relavent govt. ruling. It refers to reducing the volume of beer, basically by freezing and removing the water ice. It is against the law to reduce the ABV by more than 0.5%. There you go. I've seen that and from what I can tell it only lays out the regulations for declaring a beer as a concentrate with regard to labeling requirements, there's nothing about legality on the homebrew scale. Also, the part that mentions removing 0.5% is the recap of the current state before the ruling.
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Oct 28, 2013 14:50
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I'd guess lies or "creative" answers on official forms are pretty common for a lot of people. Credit applications, taxes, etc.
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Oct 28, 2013 14:51
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There are a lot of regulatory laws that have criminal penalties associated with them. Trespassing in the wrong place (which can be easier than you think if you're out hiking or using a National Park and end up in the wrong spot), killing a protected species, making a mistake disposing of a chemical, or screwing up on a form can all be criminal. The Migratory Bird Treaty Act, for instance, covers a tremendous number of species and has a felony provision, though if I remember correctly the felony provisions are a little hard to accidentally trigger while the misdemeanor provisions are really easy.
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Oct 28, 2013 14:56
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Arcturas posted:The Migratory Bird Treaty Act, for instance, covers a tremendous number of species and has a felony provision, though if I remember correctly the felony provisions are a little hard to accidentally trigger while the misdemeanor provisions are really easy. Canada's version is also a strict liability sort of thing, so that makes it even more fun.
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Oct 28, 2013 15:06
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IANAL, but I believe that removing anything from a National Park is a felony. This seems relatively easy to commit without realizing it, especially because there are some places that it is not really enforced. For instance, if you go to Spectacle Island in Boston, almost everyone there will be picking up and walking off with sea glass and other beach finds. Like buckets of the stuff. In the Don't Talk to Cops video, one of the things it discusses is that the interactions of laws can be so confusing that it is entirely possible for a certain set of facts to create a violation of law that no one would reasonably perceive. Their point is that you should never talk to the police because even if you know 100% that you are innocent in the matter at hand, you can easily reveal information that makes you guilty of something else you had no idea was even a crime.
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Oct 28, 2013 15:22
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FrozenVent posted:Canada's version is also a strict liability sort of thing, so that makes it even more fun. Yeah, our misdemeanor MBTA provision is strict liability.
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Oct 28, 2013 15:35
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Ashcans posted:IANAL, but I believe that removing anything from a National Park is a felony. This seems relatively easy to commit without realizing it, especially because there are some places that it is not really enforced. For instance, if you go to Spectacle Island in Boston, almost everyone there will be picking up and walking off with sea glass and other beach finds. Like buckets of the stuff. I did wonder about it when I was there, then assumed it was legal because I didn't see a single sign posted anywhere saying not to take things home, but it's good to know the answer to that question for sure!
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Oct 28, 2013 16:57
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Making something a felony that wasn't before is an easy way for a politician to appear "tough on crime" and here we are.
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Oct 28, 2013 17:01
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You can commit US securities fraud unintentionally pretty easily.
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Oct 28, 2013 17:03
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kedo posted:So my question is this: what are some of the "easiest" felonies to commit, and are there actually felonies people can commit without knowing it? Statutory rape is probably the easiest and most committed felony because it is a strict liability offense. That means there is no "intent" or knowledge aspect to the crime. An adult is guilty even if their partner showed a fake ID to prove legality. Interestingly, laws in the area has developed in two competing ways. Romeo and Juliet laws have lowered the incidence of statutory rapes occurring between teens - for example, one teen giving the other a special 17th birthday present. On the other hand, the age of consent has trended upward. It was shockingly young, 13, in many states when the US was far more agrarian. Now, the age of consent is trending upward and is 18 in many states. Anyways... It wouldn't be surprising if half the population has committed statutory rape and that many of those people aren't aware of their crime.
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Oct 28, 2013 17:17
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I guess drunk driving is an easy unintentional felony (sometimes it can be a felony.) Also felony murder. But that is kind of cheating.
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Oct 28, 2013 17:27
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So many felonies! Thanks for all the answers. Thankfully I think I've avoided most of these except for the National Park one... 
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Oct 28, 2013 18:05
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kedo posted:So many felonies! Thanks for all the answers. Thankfully I think I've avoided most of these except for the National Park one... Quoting for evidence.
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Oct 28, 2013 18:08
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kedo posted:So many felonies! Thanks for all the answers. Thankfully I think I've avoided most of these except for the National Park one... This guy I know (who is not me) broke branches off a dead tree to use for a campfire on a hiking trail in a national park. Apparently that's a felony, you're only supposed to use wood that has completely fallen to the ground. This guy had no idea until he saw a sign several days later.
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Oct 28, 2013 18:14
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Millions of people discovered that they were felons when Traci Lords announced her 18th birthday. According to wikipedia, http://en.wikipedia.org/wiki/Traci_Lords, she was only 16 when she posed for penthouse. Add in all those porn flicks and the number of kiddie porn felonies is mind boggling.
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Oct 28, 2013 18:17
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Isn't there some similar thing with Debbie Does Dallas? Not the same, but it's some sort of weird retroactive but maybe grandfathered in thing? Like Bambi Woods was legal at the time but by today's standards she was under age? Making the film...I don't know what? Or maybe I'm totally misremembering or thinking of something else entirely.
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Oct 28, 2013 18:22
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In the US you cannot make something criminally illegal retroactively. Or no, wait, are you talking about watching the movie now?
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Oct 28, 2013 18:23
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Yeah, I don't mean it would retroactively become illegal to have watched it when it was released (assuming I'm even remembering this right with her age and all), I mean that it has become illegal going forward. I don't care about watching it now, I thought it was boring as poo poo, I'm just curious where it lies for modern viewers, as its one of those "classics," y'know? However, with that in mind, haven't there been some cases where certain things WERE made retroactively illegal, in spite of the rules regarding such? I can't think of a case, but I swear I've heard of a few select things that were made so.
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Oct 28, 2013 18:25
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euphronius posted:In the US you cannot make something criminally illegal retroactively. A previous act yes, but not an ongoing act such as possession of something that has been outlawed.
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Oct 28, 2013 18:27
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But transfer of it could be prohibited.
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Oct 28, 2013 18:46
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Baruch Obamawitz posted:But transfer of it could be prohibited. Wouldn't transfer of contraband be superseded by the illegality of continuing to own it? I can't imagine "I owned this mountain of cocaine since before it was illegal" would make for a very compelling defense, and the legality of the transfer thereof would be a moot point.
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Oct 28, 2013 18:50
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