Collection Agency And Collection Attorney Scams

Article

Constitutional Validity of Narco-Analysis Test

Prepared by:  Urja. B. Dave

Nirma University of Science and Technology

Institute of Law

Ahmedabad

Constitutional validity of Narco Analysis Test

Introduction:

Development of new tool of investigation has led to the emergence of scientific tools of interrogation and criminal investigation like NARCO ANASLYSIS TEST. However, its application must be assessed objectively so that it can be replaced by existing conventional methods of interrogation. Narco analysis test can be effective as an alternative to barbaric third degree methods. Care should be taken that it is not misused or abused by investigation officer and should be correlated with corroborative evidence. Such test is a result of advancement not only in Forensic science but also in Science and Technology. It often Raises doubts regarding basic human rights and about their reliability.

Legal questions are raised bout validity with some of them holding in the light of legal Principles and Perceptive and some others rejecting it as a violence of constitutional Provisions.

Historical perspective:

In 1922, Robert House, an obstetrician from Texas, experiment the use of narco analysis in the interrogation of suspected criminals. He arranged to interrogate two Prisoners in the Dallas country jail by using Scopolamine1, whose guilt seemed clearly confirmed. Both the prisoners denied the crimes for which they have been detained and upon trial were [1] Scopolamine is also popularly known as tooth serum.

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urja -
About the Author:

For profit

If debt settlement and credit counseling offer the same service, why choose credit counseling over the other?

One is for safety purposes. Agencies that want to be awarded the non-profit operating status must conform to the rules and regulations of the government.But in an industry that has desperate consumers in debt as clients, being granted the non-profit status, can not guarantee that the agency would not play underhanded. But having that status giv

Two is if your debt amount is less than $10, 000 and the account status is still current, the original creditor would most likely not settle for less than the full amount. They would want to collect on everything, and that can be done, by credit counseling’s Debt Management Plan–which negotiates the interest rates, so the consumer can pay for the principal amount of debt.

More on how to choose the right non-profit debt relief agency (according to the Better Business Bureau):

-Are the agency services confidential?
-Will they devise a plan tailored to fit your needs?
-Are the counselors certified?
-Are budget and credit education opportunities offered?
-Will your funds be protected? How?
-Is the agency accredited?
-Aside from BBB membership (www.bbb.org) the consumer should also check its affiliation with the National Foundation for Credit Counseling  http://www.nfcc.org.

 

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Summer Quinne -
About the Author:

Summer Quinne is a debt consultant at http://franklindebtrelief.com

A HOAX? Have you seen the commercials about identity theft wrecking a person’s credit? Well, the truth is that if it happens to you, you can get a brand new social security number from the Social Security Administration. You can be sure that the people who make those commercials don’t want you to know about that!

The following two quotes are from the Federal Trade Commission:

“Your credit repair: self help may be best.”

“Credit repair services have been a big problem for consumers. Credit repair firms typically charge hundreds of dollars for their ongoing services, but don’t deliver on their promises.

The Scam: Everyday, companies nationwide, appeal to consumers with poor credit histories. They promise, for a fee, to clean up your credit report so you can get a car loan, a home mortgage, insurance, or even a job. The truth is, they can’t deliver. After you pay them hundreds or thousands of dollars in fees, these companies do nothing to improve your credit report; most simply vanish with your money.”

End of Federal Trade Commission quotes.

You don’t need to pay firms or attorneys to send out form letters once a month that get limited results. Credit reporting agencies recognize these form letters, and treat them accordingly. It’s better, cheaper and faster if you do your own credit repair.

Below is a complete advanced strategy that anyone can use to repair their credit. It should be sufficient to for most credit repair situations.

Here are the three simple steps you will use to repair your credit. It’s easy. I’ll go into detail later in this article.

1. Obtain your three credit reports. Each credit bureau must furnish everyone with a credit report once a year, if it is requested.

2. Review the reports and locate the negative items. Reading the information on a credit report takes a little effort, but it’s not hard.

3. Dispute the items that you want removed or corrected.

Repairing your credit is not as intimidating, or difficult, as it might seem. It’s as easy as writing a few very simple letters. The best letters are short and direct. This point is very important, and I want you to remember it: “the best letters are short, simple, direct, AND DO NOT look like form letters.” Never offer any explanations whatsoever, unless you are giving an explanation of a negative entry in a credit bureau file that you have been unable to repair.

Your BIG GUN is “Debt Validation.” It is the primary tool you will use when repairing your credit. If a credit reporting agency does not properly validate a debt within thirty (30) days of your request, they must remove the entry from your file. “The time limit is often the key to success for repairing your credit.”

Credit bureaus are merely big filing cabinets that take in vast amounts of information every day. They don’t have the time or resources to check all of the information which comes in on a daily basis. Frequently, the information is wrong, and they never question it!

Here are some things that they would rather you don’t know.

- Credit reporting agencies are subject to the Fair Credit Reporting Act of 1971 and the Consumer Credit Reporting Reform Act of 1996.

- Each item in your credit file must be proven or it cannot remain in the file. If the credit bureau cannot validate the item, it must be removed from your file, whether it’s true, or not. Validation is not simply, “yep, they said it’s yours.” It takes some actual effort.

- Every negative entry on your report can be denied or challenged at any time. The bureau must reinvestigate and if that item cannot be verified within a “reasonable amount of time”, (30 days) it must be removed from the file. However, they do have an option to deem your request “frivolous” under certain conditions.

- Many times the creditor does not re-validate in the time allowed, or the credit bureau is busy and does not handle your dispute properly. The disputed entry must then be deleted.

- The older an item is, the more difficult validation is. It is possible it cannot be validated because records may no longer exist after a year or two.

- As of September of 2005, all credit reporting agencies must provide one copy of each individual’s credit report every year, upon request. The three major nationwide consumer reporting companies have set up one central website and a toll-free telephone number, through which you can order your free annual report.

To order your free credit reports, go to - Do not use a letterhead.
- Instead, send a simple handwritten letter, or a letter printed from your computer.

WARNING: Do not dispute more than three (3) items on your credit report at any one time. Also, wait sixty (60) days before disputing any other items on your report. There are laws in place which allow the credit reporting agencies to deem your disputes as frivolous if they detect that you are trying to eliminate all negative information on your file.

A word about bankruptcy and other legal items in the public records on your credit report. These items are almost impossible to get off your report without using more advanced strategies.

It is unlikely that you will vastly improve your credit score in thirty days as some promise, but you should see some solid improvement in thirty days. Everyone’s situation is different. In some cases that need only two or three corrections, thirty days might do it.

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Curt Dillion -
About the Author:

Curt Dillion has been successfully helping people with credit repair and debt collection problems for many years. His site at Secrets Of The Credit Industry offers advanced strategies and solutions, as well as credit repair writing services.

In general, unfair competition refers to the economic injury that a business may sustain by reason of the deceptive business practices of others. This may consist in acts which confuse the public as to the origin of the product or in “unfair trade practices” which includes among others, false advertising, trade libel and false representation of products and services.

False advertising is clearly defined by the Lanham Act as “any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities.” There are three acts which constitute ‘false advertising’ namely, “a) failure to disclose, b) flawed and insignificant research and c) product disparagement.” There is false advertising when a representation that is made is not true because it results from the failure to disclose a material fact. Thus, the falsity consists in the statements that falsely gives account or are stated incorrectly and those statements which are only to some extent correct.

Flawed and insignificant research refers to claims made which are unsubstantiated by any authoritative research or “which are contradicted by a prevailing authority or research” (§ 43(a) of the Lanham Act) while product disparagement refers to an act of creating disbelief in the product of a competitor.

In order for a case for false advertising to prosper the plaintiff must prove that the challenged statement is virtually false or if not virtually false, the statement is likely to result in the deception or confusion of the customers. Moreover, the plaintiff must establish that the false statement or representation made by the defendant is essential and material. It is deemed to be material if it affects the decision of the consumers to purchase the product or avail of the services.

“Passing off” may also constitute unfair competition. Lanham Act prohibits “false or misleading description of fact, or false or misleading representation of fact” in commerce, which “is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person . . .”

With the advent of advanced technology and the development of new ways and means of marketing products and services, there are higher risks for unscrupulous use of the marketing strategies and devices. The internet for instance has been a fertile breeding ground for numerous term paper mills and custom essay writing websites that cater to students who need relief from the stress of researching and writing academic requirements and tasks.

These websites claim to be companies when they are not incorporated or registered at all or where one entity incorporates or registers and all other entities owned by it are made ‘affiliates’ without necessary documentation or registration as well. They claim to be located in the U.S. territory and/or UK as specified on their websites when after verification their offices in those places specified are non existent. These websites also claim that their papers are written by native speakers of the English language with PhD’s and Ma’s when a Google search would reveal that majority if not all of the complaining writers are non-native English speakers, i.e. from India, Pakistan and the Philippines. They use American domain-name registrars and American hosting companies. There are a few instances as shown by evidence that modifications of their websites were done with a foreign Internet Protocol (IP) address in Ukraine. These websites cause press releases to be issued to sway the mind of the public that they truly are located in the U.S. specified address by announcing seminars, symposium, and award giving events as having been conducted in several hotels when upon verification and inquiry, none of any of the events transpired.

For instance, SuperiorPapers dot com announced in September that it would launch its First Term Paper Symposium on 7-8 of November 2008 at the Sheraton Reston Hotel. An inquiry was made after said dates and the Complex Director of Revenue Management of the Sheraton Reston Hotel denied having had any symposium or event of SuperiorPapers (with documentary evidence consisting in correspondences).

Another Press Release article was released on 27 September 2008 announced that BestDissertation dot com will hold its 5th Annual Writing Convention on 26-28 September 2008 at the Sheraton Crystal City Hotel. The hotel officials, upon inquiry also denied having hosted the event at their Hotel(with documentary evidence consisting in correspondences).

The worst so far of the PR materials released is one which drags San Diego City College as supporting the use of term paper mills, specifically BestEssays dot com. The PR article dated 23 December 2008 claimed that San Diego City College partnered with BestEssays dot com in a one day seminar which allegedly concluded in the promotion of the essay writing website. It further alleged, “At the end of the seminar, San Diego College acknowledged the valuable partnership of www.bestessays.com by helping promote the site to the participants.” The President of San Diego City College (SDCC) upon being informed of this vehemently denied that the institution is supporting the use of term paper mills. He also said that no event as presented in the article took place in the City College (with documentary evidence consisting in correspondences). In fact, the website of SDCC contains a section for Press Releases and Events but there was no such event ever happening within the College as described in the press article written by ‘Lula Williams’ of BestEssays.

Sometime in the early part of December 2008, I noticed that on the website of SuperiorPapers dot com and specifically on the extreme lower right were logos under the heading ‘As Seen on’ of TimesOnline, PittsburgLive dot com, New York Times, Information Computer Sciences (www.ics.heacademy.ac.uk), GEOS7 and PlagiarismAdvice dot org as shown in Figure 1 (Please note that I ‘whited out’ the actual logos of these companies notwithstanding the fact that some of these companies had given their assent for me to post the image. I felt that displaying their logos even when authorized would be taking advantage of their stature and prestige). A site displays a thumbnail for 2008-10-09 but with a superimposed image of ‘TN PRO’ (software designated as Terrain Pro) at the bottom right corner to cover the logos. A part of two of the logos, “Times” and below it “Pittsburgh” are still evident. (The original copies of the webscreen shots taken on 03 December 2008 and 09 January 2008 are preserved for evidentiary purposes). The officers for these companies after having been informed of the use of their respective logos and after viewing for themselves the website of SuperiorPapers denied having anything to do with the website or any term paper mill for that matter. They demanded from SuperiorPapers to ‘take down’ their respective logos as its display and use on its website was NOT authorized and permitted.

The Service Director of PlagiarismAdvice Dot Org and representative of Northumbria Learning of UK, Mr. Will Murray had initially demanded the ‘take down’ of their logo sometime early this month and sometime on the 9th of January 2009 we noticed that SuperiorPapers took down only the logo of PlagiarismAdvice.org. Another logo used by Superior Papers without permission and authority was that of Information and Computer Sciences. According to Dr. Giuseppe Trombino MIET of Information and Computer Science Subject Centre, Higher Education Academy,”The Company is using our logo without our permission and we do not support their practice in any way.” On the 14th of January 2009, I noticed that SuperiorPapers took down all the other 5 remaining logos.

Mr. Peter Butterworth, an e-business consultant of the National 2B2 Centre

2) Lanham Act of 1946 or 15 U.S.C.A. § 1051 et seq.

3) 15 U.S.C. 45(1)

4) Axact(Pvt.) Ltd.v. Student Network Resources, 2008 WL 4754907 (D. N.J. Oct. 22, 2008)

5) Pakistan Lawyers Blog. Accessed on 28 December 2008 from http://pklawyers.wordpress.com/2008/11/19/case-study-1/

6) Speech of former Commissioner Janet D. Steiger, FTC delivered at the Practicing Law Institute in New York on 17 September 1996.

7) All statements herein made by the author are supported by documentary and other evidence which were all previously submitted formally.

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voir dire -
About the Author:

Last year I wrote an article titled Invention Company Scams and How To Avoid Them. In that article I stated that the FTC estimated that invention companies scammed the public for over $100 million dollars a year.

Guess what? I was wrong. The real figure is over $300 million dollars.

I am now convinced more than ever that the ongoing theft of new inventor money will continue unless the public is educated and made aware of these invention company rip-offs. The financial rip-offs will only get larger especially in this economic climate we live in today.

As people continue to struggle with their bills, they look for other resources or avenues to be able to make money. It is a known fact that more money is spent on State lotteries during bad times. Although I do not have statistics, I will make an educated guess that the same is true for inventors spending (wasting) their money with invention company hype and sizzle.

As I mentioned a year ago, the number one reason new inventors get ripped off is ‘GREED’. All new inventors believe they are going to make millions of dollars with their new gizmo or gadget. They get sucked into the web of the invention companies hype and sizzle. They listen to slick talking commissioned salespeople (they don’t know that at the time) and they believe what they hear because it sounds so good. The problem is the new inventor won’t realize they were scammed until after it is too late.

Well, if you are reading this article now and if you have not yet paid any money to any one of these scam companies, congratulations!

Now is the time for you to do your homework and research the invention industry. There are many excellent resources on the Internet that will provide you invention information from patents to marketing to product evaluations. These resources are free, just do the research.

Be careful though when browsing on the Internet. Don’t fall prey to the invention companies that advertise on the sponsored ad sections. If you are not familiar with sponsored ads, they are usually the ones placed on the right side of the search page you typed in your key word.

What may seem like an innocent internet search for you after you just had your eureka moment is an opportunity for the invention scam company to go to work. Collectively they pay millions of dollars to respected search engines so that they can be on the first page of every keyword search. This makes them seem that much more legitimate. Don’t be fooled by the repetition of the ads.

Some of the key points to look for in an ad by a scam company are:

Free Inventor’s Kit or any other free offering
Usually any ad where the title of the ad is a question
How To statements such as How To Patent an Idea, or How To Market Your Invention, or How To Launch Your Invention

These are just some of the key points to look out for.

Please understand that there are many legitimate companies out there that can help inventors and we simply want you to be able to recognize the difference. If you fall prey to a scam invention marketing company you may even risk your ability to acquire strong patent protection in the future.

Some of the positive Internet sites to look for are:

Invention Clubs or Organizations in your area
Invention publications
Any Federal or State Agencies such as the United States Patent and Trademark Office or the FTC.

As you research all of the sites above, you will better prepare yourself for moving forward with your invention idea and more importantly keep your money in your pockets.

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Victor Martel -
About the Author:

Victor Martel is a professional inventor. He is very concerned for new inventors to make sure they do not get scammed. His web-site http://www.inventionscamalerts.com is designed to help inventors. He offers an Invention Evaluation test. It helps inventors if they have an idea to pursue.

There are credit counseling agencies that rescue people from the deepest financial holes. There are also credit counseling agencies that just shovel in more dirt. How do you tell them apart?
by Joel Walsh

Signs of a Reliable Credit Counseling Agency

__Better Business Bureau Membership
The service’s website should have a BBB logo and a link to their record on the Better Business Bureau website. Click through the link to check that there are no unresolved complaints against them. Many people only think about the Better Business Bureau after they’ve been cheated, but by then there’s not much you can do. Working with a credit counseling agency that is a member of the Better Business Bureau means that you can go to them to help mediate any dispute you might have with the service provider.

__Accreditation
Reputable credit counseling services will be accredited by an independent nonprofit, just as many schools are. One such accreditation body is the National Institute for Financial Counseling Education.

__Fees
A good credit counseling agency will charge a small, reasonable monthly fee, usually around $30. Some also charge a fee upfront, though this fee should be reasonable (around $50 tops). It may be possible to get a hardship waiver of these fees if you truly do not have the $30-50.

__Clear Application
The application must clearly say what the fees to be paid are, what the services to be provided are, and in what timeframe all of this will be provided.

__Reasonable Promises
Run far, far away from any organization that proposes to “wipe out” your debt for you, rather than simply helping you to repay the debt. Short of your creditors just deciding to forget about the debt (unlikely), there is no way to erase debt-even bankruptcy leaves a huge mark on your credit report for ten years.

True, your car may not go missing from your driveway if you stop paying unsecured debt (i.e., debt that is not “secured” with collateral, like most credit cards, unlike most auto loans). But you are still legally obligated to pay the debt, and the possibility of being taken to court will loom over you. You will likely be unable to get even “bad credit” financing if you still have debts in collections-good luck buying a car or house.

Not Necessarily Signs of a Reliable Agency
XX Nonprofit Status
Nonprofit status is essentially a tax designation, not a government endorsement of a group’s mission. There are plenty of near-fraudulent credit counseling agencies that are registered nonprofits.

XX Respectable Name
Any group can put words like “National,” “Alliance,” “Assistance,” and other trust-inspiring words in their name. But a name is just a name. Make sure to check any organization against the list above to make sure they’re reliable. Also try searching for the group’s name on a search engine. Don’t just look for a lack of negative reports-that might just mean the group changed names recently. Instead, look for positive reviews from real people, and preferably mention on reputable third-party websites, such as news sites.

Ready to find a credit counseling agency? You’re in the right place: the web is full of credit counseling agencies. Just use the checklist above, and you’ll have no trouble separating the saints from the scams.

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Clair Fields -
About the Author:

For tips on Types Of Pine Trees website.

Most people become tense when they hear the word “bankruptcy”. There are many bankruptcy exemptions , which allow a debtor to keep most of their property through bankruptcy.
If you have received a notice of wage garnishment, bankruptcy can provide protection of your income and assets from being taken by creditors. When filing for bankruptcy, an automatic stay is placed to prevent creditors from collecting on debts. Once the court has discharged your bankruptcy case, the creditor is unable to make any further collection attempts on the owed debt.

Get help with the bankruptcy process

Bankruptcy is an involved process that takes planning and consideration on the part of the debtor. There are eligibility requirements that must be met in order for the debtor to qualify for bankruptcy. The debtor must be able to prove financial hardship by passing a means test, which evaluates your debt to income ratio. Depending on your eligibility, you may not qualify to have your debts eliminated through a Chapter 7 bankruptcy. Instead your debts may be restructured through a Chapter 13 Bankruptcy, if your income is sufficient enough to warrant a modified monthly payment plan.  The bankruptcy laws allow only certain types of debts to be managed under a bankruptcy. Back due child support, student loan debt and back taxes are typically not dischargeable through bankruptcy. It is important you contact a bankruptcy attorney to walk you through the process of evaluating your debt management options.  An experienced bankruptcy attorney can provide you with the tools and assistance you need to regain control over your finances.

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Chris Lee -
About the Author:

Christopher understands that financial hardships can affect honest, hard-working people. Growing up in a very blue collar family and rural area of Indiana , money didn’t always come easy for his parents. The struggles his family faced in his childhood made a significant impression on his business philosophy today. As a Fort Worth bankruptcy lawyer this practice has given me the opportunity to directly impact the lives of many people. For more information please visit http://leebankruptcy.com

A lot of students considering a civil service career think that a criminal justice degree is only good for being a law enforcement officer or, in combination with a legal degree, a criminal lawyer. Here are a whole range of criminal justice career choices that many degree-holders overlook, but are well worth consideration:

Social Work/ Personal Cases
These may include child support and child protective services, missing persons, domestic violence and spousal or elderly abuse. Domestic legal social work is often identified as having extreme pros and cons to it. On the one hand, you’re working to make everyone’s home life better. On the other, the work can be stressful when confronting a perpetrator or heart-wrenching when confronting a victim. Social workers will work with law enforcement officers to assess a domestic situation, monitor a case to ensure that the desires of the court are carried out, and make further recommendations to the court for the disposal of cases.

Criminal Investigators and Special Agents
Also known as “the Feds”. Working in federal investigations is a whole new ball game compared to municipal police work. As for special agents, these are not limited to the FBI; nearly every federal agency has some type of special agent. These include the Department of Homeland Security, the Environmental Protection Agency, the Internal Revenue Service’s Criminal Investigation Division, the United States Marshals Service, the U.S. Secret Service, U.S. Postal Inspection Service, and the National Park Service. Special agent work is a way to combine a criminal justice career with many other fields of government work and specialty interests.

Immigration and Customs Inspectors
These are the public servants who control access of persons and property into and out of the United States. Quite a high-profile job lately, with today’s concerns over terrorism. A challenging job, with being able to speak multiple languages fluently a big plus (in some cases a requirement). Sometimes your biggest concern will not be stopping a terrorist, but preventing a confused, but innocent person from being mistaken for one! In addition, you maybe on the spot to check or clear visiting diplomats and dignitaries from other lands.

Police Detectives
This is usually an after-the-fact officer. The law enforcement officer does the arresting; you just solve the crimes. Be aware that it’s hardly the glamorous job Hollywood movies would have you believe; your reality will be day-to-day mundane tasks such as collecting forensic evidence, checking background records, interviewing witnesses, and testifying in court. Police detectives are of course categorized into many department specialties. Robbery and burglary alone accounts for a very large portion of police detective work.

Correctional Officers and Jailers
Well, that’s pretty self-explanatory, isn’t it? You’ll be responsible for the care, custody, and control of inmates, whether they have been arrested and are awaiting trial or have been convicted of a crime and sentenced to serve time in jail. A prison or jail is a controlled environment which in many ways is a microcosm of a society, with it’s own challenges to face. While the controlled environment of the jail or prison will seem a more secure niche, unexpected surprises can develop – particularly in the intake zone. And when things get out of hand in a prison, they tend to escalate quickly.

Homeland Security
Responsible to prevent, detect, respond to, and recover from acts of terrorism. Currently a high-profile job to say the least, and not for the faint of heart, but you can count on lots of federal support during this time of national crisis. You’ll be working with other federal agencies as well, such as the FBI and CIA, military counter-intelligence, and the NSA. The specialties with the Department of Homeland Security include collecting and sorting data on potential threats, surveillance, investigation, and assessing and alerting other agencies to potential threats.

Private Detective/ Investigator
The number-one most mythologized profession, misrepresented in movies and television about equally with spies. As opposed to the high drama and dangerous intrigue portrayed in fiction, your typical jobs as a private investigator might include tracking cheating spouses, gathering evidence for private attorneys in civil cases, or investigating spurious claims for an insurance company. Leave your Magnum, your Porche, and your nubile blond mistresses home – but always carry a notepad and pen.

Criminal Intelligence
Well away from any street work, the criminal intelligence agent works behind the scenes, gathering data on gang members, fugitives, and organized crime and logging it into databases where it will be accessible to officers and detectives in the field. This is often an under-recognized profession but obviously essential; when the officer types a gang member’s name into the computer in his patrol car and discovers the identities of the other five members of that gang, a criminal intelligence worker at the base made this possible.

Computer Crime
Not a specific specialty just yet, but dealing with the cyber-side of criminal justice is one of the most in-demand fields as the number of computers in society grows each year. You’ll of course need to combine your criminal justice degree with a computer science degree. Crimes committed through or with a computer may include fraud, offensive content, harassment and hate groups, drug trafficking, and cyberterrorism. If you imagined computer viruses or email scams were perpetrated by individual kids, think again: Computer fraud and data theft is actually an international organized crime operation and a multi-billion dollar per year industry! Police departments also need forensic data analysts on hand to find and recover evidence which may be on a suspect’s computer and may have been encrypted or deleted. In the future, a special department may be created within the criminal justice system to deal with this special category, as currently many police departments have to outsource their computer-related work.

This list hardly scratches the surface of every career opportunity available in the criminal justice field, but should provide a broad sample of what’s out there. Far from regular street police work, there are career opportunities to satisfy every interest and skill set.

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Josh Stone -
About the Author:

Freelance writer for over eleven years.

Dickies Medical Scrubs

Introduction & History-

The term Narco-Analysis is derived from the Greek word nark? (meaning “anesthesia” or “torpor”) and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners.

The search for effective aids to interrogation is probably as old as man’s need to obtain information from an uncooperative source and as persistent as his impatience to shortcut any tortuous path. In the annals of police investigation, physical coercion has at times been substituted for painstaking and time consuming inquiry in the belief that direct methods produce quick results. Development of new tools of investigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of advances in science but they often raise doubts regarding basic human rights and also about their reliability. Legal questions are raised about their validity with some upholding its validity in the light of legal principles and others rejecting it as a blatant violation of constitutional provisions.

A Brief Outline of The Narco Analysis Test-

The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject’s inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject’s inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain “probative truth” about the crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under the controlled circumstances of the laboratory. The dose is dependent on the person’s sex, age, health and physical condition. The subject which is put in a state of Hypnotism is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestions. The subject is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers.

Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

Other associated truth finding tests-

Apart from narco test there are also other two kinds of tests which are popularly used on the convict for extraction of truth, these are-

I. Polygraph or lie Detection Test:

It is an examination, which is based on an assumption that there is an interaction between the mind and body and is conducted by various components or the sensors of a polygraph machine, which are attached to the body of the person who is interrogated by the expert. The machine records the blood pressure, pulse rate and respiration and muscle movements. Polygraph test is conducted in three phases- a pretest interview, chart recording and diagnosis. It was Keeler who further refined the polygraph machine by adding a Psycho-galvanometer to record the electrical resistance of the skin.

II. P300 or the Brain Mapping Test:

This test was developed and patented in 1995 by neurologist Dr. Lawrence A. Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. In this method, called the “Brain-wave finger printing”; the accused is first interviewed and interrogated to find out whether he is concealing any information. Then sensors are attached to the subject’s head and the person is seated before a computer monitor. He is then shown certain images or made to hear certain sounds. The sensors monitor electrical activity in the brain and register P300 waves, which are generated only if the subject has connection with the stimulus i.e. picture or sound. The subject is not asked any questions here. In USA, the FBI has been making use of “Brain mapping technique” to convict criminals.

Legal aspects of Narco Analysis-

Such tests generally don’t have legal validity as confessions made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. In the main, these tests can only assist police investigations. A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries.

But the other view regarding the legal validity of narco analysis test is that it is used as an aid for collecting evidence and helps in investigation and thus does not amount to testimonial compulsion. Thus it does not violate the constitutional provision regarding protection against self-incrimination.

Narco Analysis in India-

A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries. In India, the narco analysis test is done by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff. The forensic psychologist will prepare the report about the revelations, which will be accompanied by a compact disc of audio-video recordings. The strength of the revelations, if necessary, is further verified by subjecting the person to polygraph and brain mapping tests.

Narco analysis is steadily being mainstreamed into investigations, court hearings, and laboratories in India. However, it raises serious scientific, legal, and ethical questions. These need to be addressed urgently before the practice spreads further. Narco analysis has become an increasingly, perhaps alarmingly, common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep-like state with the aid of barbiturates or other drugs. In a spate of high profile cases, such as those of the Nithari killers and the Mumbai train blasts, suspects have been whisked away to undergo an interview drugged with the barbiturate sodium pentothal.

Narco Analysis from Constitutional & Legal Stand Point-

The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. It has its equivalents in the Magna Carta and the law of almost every civilized country. The privilege against `self incrimination is a fundamental canon of Common law criminal jurisprudence.

The characteristic features of this principle are-

-The accused is presumed to be innocent,

-That it is for the prosecution to establish his guilt, and

-That the accused need not make any statement against his will.

-These propositions emanate from an apprehension that if compulsory examination of an accused were to be permitted then force and torture may be used against him to entrap him into fatal contradictions. The privilege against self-incrimination thus enables the maintenance of human privacy and observance of civilized standards in the enforcement of criminal justice.

Art. 20(3) which embody this privilege reads, “No person accused of any offence shall be compelled to be a witness against himself”.

On analysis, this provision will be found to contain the following components:

-It is a right available to a person “accused of an offence”;

-It is a protection against such “compulsion” “to be a witness”;

-It is a protection against such “compulsion” resulting in his giving evidence against himself.

All the three ingredients must necessarily coexist before the protection of Art

20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot be invoked.

The application of narco analysis test involves the fundamental question pertaining to judicial matters and also to Human Rights. The legal position of applying this technique as an investigative aid raises genuine issues like encroachment of an individual’s rights, liberties and freedom.

Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in certain cases.

However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.

The right against forced self-incrimination, widely known as the Right to Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian Constitution.

In the CrPC, the legislature has guarded a citizen’s right against self-incrimination.

It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation). By the administration of these tests, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to Silence.

Some Notable Events & Cases of Narco Analysis in India-

I. In a 2006 judgment (Dinesh Dalmia v State), the Madras High Court held that subjecting an accused to narco analysis is not tantamount to testimony by compulsion. The court said about the accused: “he may be taken to the laboratory for such tests against his will, but the revelation during such tests is quite voluntary.”

II. In 2004, the Bombay High Court ruled in the multi-crore-rupee fake stamp paper case that subjecting an accused to certain tests like narcoanalysis does not violate the fundamental right against self-incrimination. Article 20(3) of the Constitution guarantees this: “No person accused of any offence shall be compelled to be a witness against himself.” Statements made under narco analysis are not admissible in evidence.

III. In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved its ruling after hearing arguments for three days from various parties, including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant Dave, appointed by the bench as amicus curiae to assist the court in the case.

Telgi and his accomplices are facing probe by various states’ police and other investigative agencies for their alleged criminal acts.

These accused people have challenged the legality of the use polygraph, brain mapping and narco-analysis by the investigative agencies to probe the crime.

IV. The Bombay High Court recently in a significant verdict in the case of, Ramchandra Reddy and Ors. v. State of Maharashtra, upheld the legality of the use of P300 or Brain finger-printing, lie-detector test and the use of truth serum or narco analysis. The court upheld a special court order given by the special court in Pune as mentioned above, allowing the SIT to conduct scientific tests on the accused in the fake stamp paper scam including the main accused, Abdul Karim Telgi. The verdict also said that the evidence procured under the effect of truth serum is also admissible. In the course of the judgment, a distinction was drawn between “statement” (made before a police officer) and “testimony” (made under oath in court). The Judges, Justice Palshikar and Justice Kakade, said that the lie-detector and the brain mapping tests did not involve any “statement” being made and the statement made under narco analysis was not admissible in evidence during trial. The judgment also held that these tests involve “minimal bodily harm”.

V. A court in Kerala recently pronounced that no court order is required to do a narco analysis, Disposing of a petition filed by the CBI seeking permission of the court, the magistrate said that filing this type of a plea would only delay the investigation. The court said nobody could stand in the way of the investigating agency conducting tests recognized as effective investigation tools. When the technicalities of the test itself are not clear and uniform, it becomes difficult to accept the stand taken by the court.

The Degree of Admission of These Truth Finding Tests in Court-

Lawyers are divided on whether the results of Narco Analysis and P300 tests are admissible as evidence in courts. “Confessions made by a semi-conscious person is not admissible in court. A Narco Analysis Test report has some validity but is not totally admissible in court, which considers the circumstances under which it was obtained and assess its admissibility,” advocate P. R Vakil told rediff.com. “Under certain circumstance, a person may hold a certain belief. By repeatedly thinking about an issue in a particular way, he begins to believe that what he is thinking is right. But it need not necessarily be the truth,” Vakil explained.” Results of such tests can be used to get admissible evidence, can be collaborated with other evidence or to support other evidence. But if the result of this test is not admitted in a court, it cannot be used to support any other evidence obtained the course of routine investigation.”

Criminal lawyer Majeed Memon said, “If the courts give permission to conduct these tests, then only it can decide the admissibility of the test results and other related evidence. Such reports can be used as evidence or to support other evidence.” Another criminal lawyer Sham Keswani has a different view. “Such tests don’t have any legal validity. They can only assist the police investigation.” But, in case a person is not affected by the chemical, he might take some wrong names (to mislead investigators). The results of such tests can be used to support other evidence,” he said.

Conclusion-

Law is a living process, which changes according to the changes in society, science, ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles. The issue of using narco analysis test as a tool of interrogation in India has been widely debated. The extent to which it is accepted in our legal system and our society is something, which will be clearer in the near future. In a situation where narco analysis is gaining judicial acceptances and supports despite being an “unreliable & doubtful” science, we have to seroiusly rethink about its legal and constitutional validity from human rights perspective.

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Subhojyoti Acharya -
About the Author:

Subhojyoti Acharya, B.A.L.L.B(Hons) from the prestigious Department of Law, Calcutta University, India. He is an LPO Certified Professional and is currently working with a reputed Legal Process Outsourcing Company as Legal Associate. He authored several reserach based articles of general legal interest for public viewing.

acharya_subhojyoti@yahoo.co.in

Sukh Ram gets three years in jail

 

          A Special Court in India has found an ex-minister guilty of amassing wealth beyond his recognized sources of income and has sentenced him to three years jail term and fine of rupees two lac.  We the people of India congratulate the police investigating authorities who investigated the case, collected evidence and the Court who examined the whole case and passed final order of sentence.  This case shall become the foundation for examining more cases and in due course we shall be finding more and more people who had been holding high offices and at the same time they had been indulging in scams, scandals, muddles, bribes, corruption, dalali or commissions.   The people of India know that most of the politicians who were penny less or were poor people have turned rich in days which clearly means that here in India the people are joining politics only with one purpose and that is the purpose of amassing wealth.  Very few of them could be counted and enlisted who are coming forward to serve the people by solving their problems.  Had we been choosing right type of people for our august houses, there had been chances that they could solve our problems.  The problems were very simple and we had the resources with us.  Our is a rich country and there4 was a time when this country of us had been called ‘ golden sparrow’.

            We know that all natural resources are with us and it seems we had not been examining the cases of each candidate and we had been voting him out only on the basis of the fact that some party had nominated him.  We never tried to examine that this fellow might have been purchased party ticket or this shall be purchasing ministry too.  We are noting that a large number of people are sitting in the houses who never talk or take part in any debate or discussion and when the party heads ask them or direct them they follow the whip and vote as per directions.  They are just sitting members and they never contribute in debates.  Such people should not have been sent by us in the houses.  It is our duty that we should send only those people who shall be in a position to understand our problems and work on those problems and come out with solutions. We know that the basic problems of illiteracy, unemployment, poverty, people living without proper accommodation, beggars, people wearing rags, people who are ill and are not getting proper treatment, people who have got no social security in old age and in days of their illness and all these problems are not allowing our people to live a reasonable life.  But none is caring for them

           Mr Sukh Ram has been sentenced and has been fined.  But the assets which he had amassed during his tenure has not been confiscated and the same shall remain with him and then with his heirs and they shall live like kings and queens hereafter.  The time has come when we should make a law that all those assets which are found beyond recognized source of income must go to the state exchequer.  And at the same time, we must start probing wealth of all those who had been ministers here in India since 1952 and if those assets are found beyond recognized source of income those must be collected and confiscated to state exchequer.  If they are dead, their children must deposit those assets with the state because they too are not allowed to enjoy on these properties.

           We are not in a position to stop corruption, but if we start with the process of confiscation, we shall be successful and there are chances the people coming to politics must stop collecting money and wealth.  And we must start immediately.  We have already wasted six decades and instead of bring equality in the country, we are making one set of people rich and one set of people are being reduced to poverty.  This is not good administration and we must change this administration.  The police and all other investigating agencies must help the people.  At present police and other investigating agencies are keeping silence when the people are in power and start catching and investigating cases only when they go out of power and another party comes in power and in the mean time most of the evidence is destroyed.;  The police and other investigating agencies must have an eye on all the politicians and must catch them when they are operating upon their plans and must stop them.  And that shall be possible only when politic of other states are deployed in the state.  The local police has not the guts and that is the reason these people are coming and becoming rich in days.   The Sukh Ram case must create history in India. 

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Dalip Singh Wasan -
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