Recap: In last week’s bulletin, we described the focus of our series:
“There are basically three techniques (utilizing brain responses v. those that rely on a machine interpreting physical responses, i.e. the polygraph) that are currently used, and uncomfortably, the latter two, making their way into courts all over the world as “proof” of testimony veracity; NLP (neuro linguistic programming) , EEG (electroencephalogram) and the newest toy of the lie detection crowd: the fMRI (functional magnetic resonance imaging).” In Part I, we reviewed the oldest and most organic of the techniques: NLP, observing physical eye reactions of the defendant.
This week, we’ll look at:
Indian court allows a brain scan into evidence.
Based on acourt-ordered EEG, the results were that ”Aditi Sharma…was charged with the murder of her former fiance Udit Bharati, based upon…brain scans that supposedly show she possessed first-hand memories of his murder.”
and
fMRI (functional magnetic resonance imaging)
(My question is the applicability of the fMRI test given in September, 2009 to the crimes committed by the defendent in 1983. )
Best summed up by Stanford bioethicist, Henry (Hank) Greeley:
“As we enter more fully into the era of mapping and understanding the brain, society will face an increasing number of important ethical, legal and social issues raised by these new technologies,” Mr. Greely, the Stanford bioethicist, and his colleague Judy Illes wrote last year in the American Journal of Law & Medicine.
If brain scans are widely adopted, they said, “the legal issues alone are enormous, implicating at least the First, Fourth, Fifth, Sixth, Seventh and 14th Amendments to the U.S. Constitution.”
“At the same time,” they continued, “the potential benefits to society of such a technology, if used well, could be at least equally large.”
Certain, still truly untested methods (eeg, fmri, pet…) of lie detection yield very subjective results. Lie detection is not akin to DNA evidence. There are too many factors that can cause false positives reactions (older memories, extremely empathetic predisposition…). We need to tread careful lest what is at best a strong supposition be allowed as evidence.
BNI Operatives: Street smart; web savvy.
As always, stay safe.
Lie detection has always been an area of fascination among people, especially those of us involved in the law and legal fields.
There are basically three techniques (utilizing brain responses v. those that rely on a machine intepreting physical responses, i.e. the polygraph) that are currently used, and uncomfortably, the latter two, making their way into courts all over the world as “proof” of testimony veracity; NLP (neuro linguistic programming) , EEG (electroencephalogram) and the newest toy of the lie detection crowd: the fMRI (functional magnetic resonance imaging). In Part I of this series, this week’s Bulletin will cover the oldest and machine-free of the techniques: NLP, using your eyes to see through another’s window to the soul. First we’ll explain the 6 basic directions the eyes travel to when questioned or in thought and then there will be the video displaying these eye movements.
NLP – Visual Accessing Queues
The directions discussed in the video below refer to the direction in which the eyes go when answering a question, or thinking.
- Up and to the Left : Visually Constructed Images. Asking you to imagine a tremendous spider with fangs and wings.
- Up and to the Right : Visually Remembered Images. Asking you to picture your favourite food.
- Left : Auditory Constructed. What the sound of a rock screaming may sound like? (assuming you haven’t heard one scream before of course)
- Right : Auditory Remembered. Kapa Kapa Moo Moo Hey!
- Down and to the Left : Kinesthetic. What did it feel like when you last had paper cut?
- Down and to the Right : Internal Dialogue. Talking to yourself. What should I do now? Where should I go?
Now for the video:
NOTE: This video was based on right-hand dominant people. For lefties, use reverse directions.
(We know that we will all consciously be eye watching people for at least the next several days!)
BNI Operatives: Street smart; web savvy.
As always, stay safe.
Our editor, Lina Maini, is away for her annual winter week’s break. Please feel welcome to go through our library of nearly 200 articles, ranging from witness interview intakes to social network profiling.
Our parent company, Beacon Network Investigations, (BNI) remains open for business. We look forward to providing for your investigational and informational needs. 888-992-3226, F: 800-563-0921, email: cases@BNIinvestigations.com.
It’s later in the year than we would normally re-issue this Bulletin but the snowfall was relatively light – until last week!
We’re tackling the issues of NYC’s sidewalk maintenance of the City’s 12,750 miles of sidewalks and ticket/traffic violations that increase in winter weather and associated fines.
The following information pertains to the sidewalk rules and regulations for the 5 boroughs of New York City.
Sidewalk Maintenance
The sidewalk in front of any building or lot must be maintained and repaired by the property owner. Any defects must be promptly repaired. The owner of all property with four or more families is responsible for any injury caused by the owner’s failure to maintain the sidewalk in a reasonably safe condition. If the repair covers more than 25 square feet of the sidewalk, the owner or contractor must obtain a Sidewalk Replacement Permit from the Department of Transportation.
Sidewalk Use
All businesses intending to use a portion of the sidewalk for daily operation, or who wish to attach to or place upon the sidewalk any items such as canopies, bike racks, benches, planters, or who wish to use a basement vault, must obtain a renewable permit or a revocable consent from the Department of Transportation. The placement of any item on the sidewalk must not interfere with the use of the sidewalk by pedestrians. A minimum of 8 feet or half the sidewalk, whichever is greater, must be kept clear between the item and any obstacle on the curbside, such as hydrants and traffic control devices. No business may prevent parking or paint the curb, sidewalk, or roadway to advertise the business.
Sidewalk Obstruction
Businesses are responsible for keeping the adjacent section of sidewalk free from all obstructions such as refuse, refuse containers, and A-frame signs to allow the free flow of pedestrian traffic. It is illegal for anyone to place or leave any box, barrel, or other moveable property (regardless of ownership) upon any public street or public place. This law applies to construction or demolition containers, which may only be placed on the street with a permit from the Department of Transportation. In addition, restaurants may not place obstructions such as stanchions or cones in the street to prevent parking or to provide ingress/egress for customers.
Snow and Ice Removal
Snow and/or ice must be removed from the sidewalk within four hours after the snow has stopped falling, or by 11 AM if snow has stopped falling after 9 PM the previous evening. If the snow or ice becomes so frozen that it cannot be removed, the sidewalk may be strewn with ashes, sand, sawdust or similar suitable material within the same time limits. The sidewalk must be thoroughly cleared as soon as weather permits.
With snow. slush and ice present, parking or travel decisions can be quite spontaneous . Below, see how much a roll of the dice can cost for a parking or traffic ticket in NYC:
Fine Amount
Column A: Manhattan, below 96th Street
Column B: All Other Areas
(Each fine amount includes a $15 New York State Criminal Justice surcharge.)
BNI Operatives, Street smart; Web savvy.
As always, stay safe,
Jonathan Caspian
Writer
Beacon Bulletin
We recently encountered a challenging situation; 30 witnesses to verify and serve, 2 days before the trial date. There were a myriad of reasons why the attorney was unprepared for trial but several incidents did come to light during this hectic process that we are passing along:
1. Consult with your trial prep person at least several weeks before trial.
Meeting with your trial prep firm allows the investigator to become aware of the case facts, and now gives him/her the time to review, formulate and then execute an operations plan. (There will always be last minute filings, service, subject locates… that have to be performed. An experienced trial prep firm will allow resources for those unforeseen final events.)
2. Basic Paperwork and Activity To Have Completed Pre-Trial
- Special Power of Attorney. This should be obtained from the injured client from the outset. (In this recent case, the client lived several states away and was not readily able to come up and sign authorizations.)
- HIPPA authorizations. If there is a hint that the records may contain medical information, in NYS, a duly executed HIPPA authorization form must be attached to the subpoena request for testimony and or records.
- So Ordered Subpoenas. Generally, among other criteria, if a city, state or federal agency is involved, a So Ordered Subpoena (signed by a judge) must be obtained at the trial court.
- Subject Locates - Don’t do these yourself online at the common locator sites most amateurs use to locate loved or lost ones (they may have chosen to be that way for a reason). Have your investigator conduct comprehensive locates, especially in cases that have gone on for a while, in substitutions and in any situation where time is short.
Tip: When dealing with EMS documents, note the shield numbers. If the shield number is 6,000 or above (e.g. Shield# 7206 or 6024) this is a private ambulance that has responded. Do not subpoena the FDNY at MetroTech for the Ambulance Call Report. They won’t have it. In the section underneath “Comments” on the ACR, there is a field for Hosp #. The number in that field reveals the hospital associated with the responding ambulance. (There may be one of two numbers written into this field; a 3 digit number is the trauma center designation and the number in parens is the FDNY hospital code assignment. Almost all EMS personnel use the paren’d 2 digit FDNY code.) See below for NY County Hospital Codes. (For other boroughs: shoot us an email, we’ll send you the links.)
Hospital Information
| Hospital Name | Disposition Code | Hospital Name | Disposition Code |
|---|---|---|---|
| ‡Bellevue Hospital | 712 (02) | Beth Israel Medical Petrie Campus | 713 (03) |
| Cabrini Medical | 715 (63) | Goldwater Memorial Hospital – Coler Site | 714 |
| Goldwater Memorial Hospital – Goldwater Site | 720 | ‡Harlem Hospital | 721 (07) |
| Hospital Joint Diseases Ortho. Inst. | 735 | Hospital For Special Surgery | 723 |
| North General Hospital | 758 (09) | Lenox Hill Hospital | 728 (11) |
| Manhattan Eye, Ear & Throat Hospital | 730 (05) | Memorial Hospital – Cancer & Allied Diseases | 731 (08) |
| Metropolitan Hospital | 732 (12) | Mount Sinai Hospital | 734 (13) |
| New York Eye & Ear Infirmary | 736 | New York Presbyterian Hospital Weill Cornell | 737 (14) |
| New York University Downtown Hospital | 941 (01) | New York University Hospitals | 739 (15) |
| ‡New York Presbyterian Hospital Columbia Presbyterian Division |
742 (17) | New York Presbyterian Hospital – Allen Pavillion | 749 (16) |
| Rockefeller University Hospital | 743 | St. Clares Hospital & Health | 746 (19) |
| St. Lukes-Roosevelt Hosp. Roosevelt Hospital Division |
759 (18) | ‡St. Lukes-Roosevelt Hosp. St. Luke’s Division |
745 (20) |
| ‡St. Vincents Hospital & Medical of NY | 748 (21) | Veterans Administration Hospital | 724 (10) |
| Beth Israel Medical Singer Division | 718 (04) |
BNI Operatives: Street smart; Web savvy.
As always, stay safe.
The interview is over. You think it went well. You’re planning on buying a new car. Your prospective employer, in the meantime, is checking Facebook, LinkedIn and other social networking sites to gain a 360 degree profile on who you really are and how your personality will fit in with the company.
Hints to employer-proof your site:
1. Make your profile and photo albums private to the public.
Change your account settings to private, anybody in your alumni, work, or city network can click on your profile or photo album and see all of the contents on your Facebook page. Make your profile and photo albums private, and only allow your friends in your network see the contents of your page.
How: Click on settings, privacy settings, profile, and change the settings so that only friends can see your page.
2. Create separate “friends’ lists” and use the limited profile
Create separate “friends’ lists” for colleagues, and put your professional contacts on a limited profile view to control the content on your page they may have access to.
How: Click on friends. Scroll to the bottom left side of your page, and click “create” to create a new friends’ list. You will then be prompted to select which contents on your page people on this list have access to. Conversely, you can add them on your “limited profile” list and also do the same.
3. Disable your “View Pictures of Me”
Disable your “view pictures of me” feature so that you can stay in control of which photos of you get posted online.
How: Click on settings, privacy settings, profile, and change the “photos tagged of me” feature so that nobody can see photos tagged of you, including friends.
4. Disable your “Wall”
Disable your “wall” so that you can only receive inbox messages and keep your private life outside of work to yourself.
How: Click on settings, privacy settings, profile, and unclick “friends may post to my wall.”
5. Use your common sense
It takes years to build up your professional reputation, and only seconds to ruin it. Anything you post can be emailed or fowrded with just a click. Review your social network page as a boss would. Would you hire you?
BNI Operatives: Street smart; Web savvy.
As always, stay safe.
1. ABRAHAM LINCOLN
Abraham Lincoln was not the most attractive presidents but he was in a sense, almost fascinatingly ugly. During a debate, Lincoln was accused by his more hostile opponent of being two-faced. Lincoln managed to accomplish what few men have done before, he defended himself without insulting the other man, and even poked fun at a flaw of his all in the same sentence. Lincoln calmly turned to the crowd and said:
“If I had two faces, do you think I’d be wearing this one?
2. MOZART
A young man began a correspondence with Mozart, and the following was exchanged:
Q: “Herr Mozart, I am thinking of writing symphonies. Can you give me any suggestions as to how to get started.”
A: “A symphony is a very complex musical form, perhaps you should begin with some simple lieder and work your way up to a symphony.”
Q: “But Herr Mozart, you were writing symphonies when you were 8 years old.”
A: “But I never asked anybody how.”
3. OSCAR WILDE
Lewis Morris (on being overlooked for the poet laureateship): It is a conspiracy against me – a conspiracy of silence. What should I do?
Oscar Wilde: Join it!
4. GENERAL PETER COSGROVE
“FEMALE INTERVIEWER: So, General Cosgrove, what things are you going to to teach these young boys when they visit your base?
GENERAL COSGROVE: We’re going to teach them climbing, canoeing, archery, and
shooting.
FEMALE INTERVIEWER: Shooting! That’s a bit irresponsible, isn’t it?
GENERAL COSGROVE: I don’t see why, they’ll be properly supervised on the
rifle range.
FEMALE INTERVIEWER: Don’t you admit that this is a terribly dangerous activity to be teaching children?
GENERAL COSGROVE: I don’t see how. We will be teaching them proper rifle
discipline before they even touch a firearm.
FEMALE INTERVIEWER: But you’re equipping them to become violent killers.
GENERAL COSGROVE: Well, Ma’am, you’re equipped to be a prostitute, but you’re not one, are you?
5. VOLTAIRE
Voltaire was discussing an acquaintance with a friend, praising him lavishly. The friend then told Voltaire that, unfortunately, the acquaintance had spoken disparagingly of Voltaire and his work.
The pithy reply: “Perhaps we are both mistaken.”
(The above was compiled with help from our friends at toptenz.net. Thanks!!)
INVESTIGATIVE TIP OF THE WEEK:
Accompanying a witness statement should be an INTERVIEW INTAKE SHEET, containing at least following:
CLIENT
FILE # /REFERENCE
DATE OF INTERVIEW
TIME OF INTERVIEW
WITNESS NAME
HOME ADDRESS
HOME PHONE NUMBER
CELL PHONE NUMBER
WITNESS DESCRIPTION:
- Sex
- Age
- DOB
- SSN
- D/L # (State Issued, Exp. Date)
- Height
- Weight
- Hair Color
- Eye Color
- Mustache
- Beard
- Eyeglasses
- Other
EVALUATION (COOPERATIVE/HOSTILE; KNOWLEDGEABLE/MINIMUM RECALL…)
ADDRESS WHERE INTERVIEWED
NOTES SECTION
(Advice: For the investigator/attorney conducting the interview: Use a bit of discretion. You don’t necessarily need to ask a person his/her weight or the nature of physical characteristic, i.e. involuntary eye twich, limb loss…)
===============================================================
BNI Operatives: Street smart; Web savvy.
As always, stay safe.
We deliver our client reports mostly in PDF format. For several reasons, mainly to avoid modification, we have set passwords to all of our pdf docs. There are two types of security passwords that are utilized with PDFs: the user password which will prevent anyone from opening the document and the owner password with which one can avoid having the document copied, modified or printed.
PDF security may present problems however if you or anyone in your firm/company loses the user password for your own files or you are accessing someone else’s files and they have forgotten their owner password.
WARNING
Be careful. Depending on the country in which you reside/work, attempting to crack any encryption software could be illegal, even if you own the content. Make sure you are legally entitled to access the data before attempting any of the below methods.
When you cannot copy or modify the PDF file, try a non-Adobe Print to PDF
If the file you’ve downloaded from your library is locked, you may not be able to mark-up the electronic copy.
Try printing the document to PDF again, but using a non-Adobe PDF converter. It should look the same, and you will be able to modify the new version, so you need not print it out before reading it.
When you cannot copy or print the PDF file, try Gmail
To extract the text from a protected PDF file, mail it to your Gmail account, then use the “View as HTML” option. This should allow you to copy the text and (most of) the images, and to print a version of the file, though the layout may not be similar. This may not work with very large files.
When you cannot copy or print the PDF file, try a Password Remover
You can often remove the owner password using AnyBizSoft PDF Password Remover or similar software.
When you can not open the PDF files, try Password Recovery
Cracking the user password is very difficult and time-consuming. There is password recovery software that typically will use a brute force approach, trying all possible combinations. These methods of cracking could take days or even longer, but should produce results eventually.
BNI Operatives: Street smart; Web savvy.
Our thoughts and prayers are with the people of Haiti and all affected by the horrific earthquake that struck the island this past Tuesday afternoon. The loss of lives is in the tens of thousands; the suffering incalculable. May their pain be eased.
As always, stay safe.
This post’s topic was intentionally delayed. 1. We thought it reasonable to wait out the food-laden, financially draining, emotion coin flipping, holiday season. (This Bulletin also serves as notice that the holiday season is, in fact, over.) 2. Suggestions during the holidays, however well-intentioned, are just unfair. 3. Well, it wasn’t so much for the second reason as it makes no practical sense to pile on more bright ideas until one’s had time to settle down and make a calm assessment. TwentyTen has already definitely declared itself as the “Change, Already” year. (Divorce attorneys, and, conversely reasonable, marriage counselors, hold high hopes for this year.) This Bulletin presents several top sites for getting rid of old stuff (for profit) and getting new stuff (for free).
Sell Your Old Cell: I was gifted a new iPhone. I sent in my old one and received $100 (and, they paid for the shipping). http://www.ibuyphones.com/
Upgrading Your Business Computer Equipment? Get Rid of the Old Stuff for $$: This company has agents to assist you in just about any location in the U.S. http://www.spintradeexchange.com/
Free Windows Data Wiping Tool: Your IT person should be able to handle the office computers. No reason for him/her to have access to your personal laptop or home pc. This great free app is easy to use, effective and performs at Department of Defense standards. FreeEraser.
(Specific to NYC) Time to update the cubicles: OfficeFurnitureNYC generally buys in quantities of 50 cubicles or more but they do have a small business listing (a worthy addition to CraigsList or other local posting boards). In their own words, “This is a list of New York, New Jersey and Pennsylvania firms who have used office furniture and small NGO’s and Non-Profit organizations that are looking for furniture donations. OfficeFurnitureNYC.
For the young lawyer (or journalist) -to- be in the family: One of the most interesting internships we’ve come across for those interested in the freedom of the press and media law. Notice: Application deadline is 2/01/2010. The Reporters Committe for Freedom of the Press. Impressive steering committee, representing every major news source in America, from the NYT, WSJ, The Atlantic, HuffPo, Politico… Great free FOI and decision recaps in current national major cases source, too. Home Page for RCFP.
Divorce Attorneys: Lawyers. (Of course there’s a disclaimer. Please also see our similar below.)
Marriage Counselors: Therapy. (Search for a certified counselor 1 – 100 miles from any zip code. Distance preference is not indicative of one’s marital commitment.)
Our disclaimer: We have nothing to do with any of the above suggested sites, organizations, entities… We’re not at all responsible for their services, recommendations or results.
BNI Operatives: Street smart: Web savvy; New year happy.
As always, stay safe.
Welcome to Twenty Ten! We trust and hope our readers will enjoy a good new year! (We have to, as the latest Rasmussen poll states 72% of us believe 2010 will be better.)
Starting off this new year is our Top Ten of 2010 in various lawyer/legalprofessional-related categories – some fun, some data, all factual:
Vault’s Top 10 Law firms for 2010: Peer voted (beginning with the top rated firm in the nation):
- Cravath, Swaine & Moore
- Skadden, Arps, Slate, Meagher & Flom
- Sullivan & Cromwell
- Davis Polk & Wardwell
- Weil, Gotshal & Manges
- Simpson Thacher & Bartlett
- Cleary Gottlieb Steen & Hamilton
- Covington & Burling
- Kirkland & Ellis
Top 10 TV Lawyers: The listing is for the 2000 through 2010 seasons:
10. Bobby Donnell (The Practice, Dylan McDermott
9. Barry Zuckerkorn (Arrested Development), Henry Winkler
8. Michael Cutter (Law & Order), Linus Roache
7. Sarah “Mac” Mackenzie (JAG), Catherine Bell (below left)
6. Dennis “Denny” Crane (Boston Legal), William Shatner
5. Harvey Birdman (Harvey Birdman, Attorney at Law), voiced by Gary Cole
4. Harmon “Harm” Rabb, Jr. (JAG)—David James Elliot
3. Ted Buckland (Scrubs), Sam Lloyd
2. Patty Hewes (Damages), Glenn Close
And #1, the man himself, Jack McCoy (Law & Order), Sam Waterston.
Other top 10 lists of interest:
Top 2010 NYC and NYS Law School Rankings
JD Supra’s Lawyers & Legal Professionals Looking Ahead to 2010
Again, welcome back, <rolling up the arm sleeves>, it’s time to make Twenty Ten a powerful year.
Reminder: Add the 2010 copyright year on your publications, forms, contracts…!!
BNI Operatives: Street smart; Web savvy; 2010 geared.
As always, stay safe.
