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1) CRIMES ARE STATUTORY OFFENSES

A statutory offense that provides that it is a crime to knowingly cause another person to engage in an unwanted sexual act by force or threat
the offense of marrying someone while you have a living spouse from whom no valid divorce has occurred

the act of subjecting someone to unwanted or improper sexual advances or activity (especially women or children)

2) CRIMINAL INTENT

Criminal intent is the conscious decision someone makes to deliberately engage in an unlawful or negligent act, or to harm someone else. There are four specific examples of criminal intent: purposeful, reckless, knowing, and negligent. An act becomes criminal when taking into account the intent of the person who carries it out.
Additionally, acts of criminal intent are measured by their severity, and the punishments for those who commit acts of criminal intent “fit the crime,” so to speak, in that the punishments become harsher as criminal acts become more severe. To explore this concept, consider the following criminal intent definition.

Criminal intent, referred to in the legal world as “mens rea,” refers to an individual’s state of mind at the time he committed a crime. Those with criminal intent are fully aware of what they are about to do and the consequences that their actions can have. For instance, if Paul thinks up a plan for how he is going to murder his wife, and then he fatally shoots her, Paul is operating with criminal intent because he knows that murder is wrong, yet he plans the act, and ultimately commits it anyway.

Criminal intent can be classified as one of four different kinds of acts: purposeful, knowing, reckless, and negligent. Criminal acts that are done purposefully are those that are carried out by someone who is fully aware of the consequences his actions can cause, such as the murder example provided above. Criminal intent is a necessary component in prosecuting a crime. If criminal intent does not exist, then it stands to reason that the crime that was committed cannot possibly be considered criminal in nature.
Types of Criminal Intent
Knowledge
Recklessness
Negligence
Malice Aforethought
Specific Intent
Scienter

Equality of opportunity in matters of public employment.

  1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
  3. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
  4. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
    2[(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]
    4(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]
  5. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

    Article 340 of the Constitution provides for the appointment of a Commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations .The article reads as under :-
    “ 340. Appointment of a Commission to investigate the conditions of backward classes –
  1. The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of the socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any state and the conditions subject to which such grants should be made, and the order appointing such commission shall define the procedure to be followed by the Commission.
  2. A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and make such recommendations as they think proper.
  3. The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each house of Parliament. ”

Criminal RICO

To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list. These crimes are known as "predicate" offenses. To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise.

Note that an enterprise is required. This might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company. The enterprise just has to be a discrete entity; but an enterprise is not the same as an individual. Thus, a corporation may be the enterprise through which individuals commit crimes, but it can't be both an individual and the enterprise.

The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can't be whisked out of the country before judgment.

Civil RICO

Even though RICO threatens very long prison terms for racketeers, the law's real power is its civil component. Anyone can bring a civil suit if they've been injured by a RICO violation, and if they win, receive treble damages. In the 1980s, civil lawyers attempted to fit many different claims inside of RICO, but in the 1990s the federal courts set up a number of hurdles for civil RICO claims. To succeed on a RICO claim, a plaintiff must show:

  • Criminal Activity. You must show that the defendant committed one of the enumerated RICO crimes, which include the broad crimes of mail and wire fraud. If you bring a claim on a fraud basis, however, the court will apply strict scrutiny.
  • Pattern of Criminal Activity. One crime is not enough. You have to show a pattern of at least two crimes. A pattern requires the crimes be related in some way—same victim, same methods, same participants—or continuous, meaning it was conducted over at least a year.
  • Within the Statute of Limitations. The Supreme Court held that RICO has a four-year statute of limitations, which begins tolling from the time the victim discovers his or her damages.

RICO is powerful and complex. If you think you've been seriously injured by criminal activity that is covered by RICO, consult with a lawyer to see if you have a case. But make sure it's worth the effort. RICO civil suits can be very costly.

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