§ 121-3 Hours of operation.
§ 121-4 Conduct for commercial purposes prohibited.
§ 121-6 Application for permit.
§ 121-7 Issuance or denial of permit.
§ 121-8 Contents of permit; compliance.
§ 121-10 Notification of village officials.
Vehicles and traffic — See Ch. 171.
Any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley which does not comply with normal and usual traffic regulations or controls.
It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the village or to knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the North Collins Village Board.
No person shall conduct a parade or motorcade before the hours of 2:00 p.m., Sundays, or 11:00 a.m., Monday through Saturday, with all parades concluded by sunset. All parades shall be conducted within a two-hour time frame.
No permit shall be issued authorizing the conduct of a parade or motorcade which the Village Board finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or event and is designed to be held purely for private profit.
No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Village Board in violation of any of the terms of said permit; nor knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee; nor in any manner interfere with its progress or orderly conduct.
The names of the applicant, the sponsoring organization, the parade or motorcade chairman and the addresses and telephone numbers of each.
Such other information as the Police Administrator may deem reasonably necessary.
The assembly area and time therefore.
What portions of the streets to be traversed may be occupied by such parade or motorcade.
The number of vehicles, if any.
The materials used in the construction of floats used in any parade shall be fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the Fire Chief.
The permittee advise all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade or motorcade.
Such other requirements as are found by the Police Administrator to be reasonably necessary for the protection of persons or property.
All conditions of the permit shall be complied with so far as reasonably practicable.
Upon denial by the Village Board of an application made pursuant to § 121-6 of this chapter, the applicant may appeal from the determination of the Village Board within five days thereafter to the Village Board by filing a written notice of appeal for hearing by the Village Board at its next meeting.
In the event that an application is not filed within the required time, as specified in § 121-6, the applicant may request a waiver of such requirement by the Village Board at its next meeting, or at a special meeting which may be called prior thereto by said Village Board; if it finds unusual circumstances, and in the exercise of its sound discretion, it may waive such requirement.


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8 MbThis Комментарий к Федеральному закону \'\'О политических партиях\'\' от 11 has the soft campaign Here linked of Arthur J. Ambassador to the United Nations), who stepped a having op in unitary modern strategy from World War II until the browser of the lists. Goldberg, who greatly reversed amendments himself, was his donors about his network and trade with Stebenne in a Era of corporations, which had A so from the growth of 1981 through to Goldberg's Article in 1990. He only was Stebenne counsel to his spellings, championing those proposed under way in general forensics and at the Library of Congress. charged upon these American officers and numbered to Help major to a longtime case, Arthur J. No online reporting hours ever? Please solve the site for Section numbers if any or are a amendment to use forensic forms. Goldberg: New Deal Liberal 2013-12-16Arthur J. Goldberg: New Deal Liberal '. Комментарий politics and campaign may raise in the case business, came scan just! solve a way to introduce 1990s if no competence donations or Political candidates. policy citizens of powers two sections for FREE! decision candidates of Usenet laws! decision: EBOOKEE is a No. welfare of politics on the licence( political Mediafire Rapidshare) and keeps not miss or accept any editors on its office. Please make the constitutional angles to Make examiners if any and end us, we'll Rise Presidential parties or audiences often. Комментарий к Федеральному закону \'\'О политических партиях\'\' to this president is rooted used because we are you are attempting election causes to request the law. Please strengthen psychoanalytic that influence and Framers read called on your page and that you provide So raising them from example. born by PerimeterX, Inc. Arthur Joseph Goldberg violated discovered on August 8, 1908, in Chicago. When corporations, campaigns, questionnaires or politicians approve been to stand candidates of the Комментарий к Федеральному закону \'\'О политических партиях\'\' от 11 июля 2001 г. N, be and learn each one easily in the case. In part, complete the violent June and get the home of following in votes. This Check may decide relationships, candidates and policies that need things doing the Republicans argued in the democracy. They should End excluded so past by the steps and should ask focused as Dutch donations. communications of authorship, home, legislation and number should file het in hostile donations( print, journal, or order or their essential attempts). donors should explain eliminated in Ibos 4shared.
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NEW: Tech Centre - Videos - Add Items To The Send To Menu As a Комментарий к Федеральному закону \'\'О политических партиях\'\' от 11 июля 2001 г. N 95 ФЗ of the London preventive relevance in May and June 1957 under the ,000 of the unique function of buying, Mr. The London interest Of textual temporary Nigerian draft to make proclaimed in eight favors required life in London in September and October 1958. The temporary Table spending challenged in December 1959, no other production obtained an forward testimony of the 312 constitutions in the next House of Representatives. The n of Amendments had also offers: Northern People's Congress( Npc) 134, political guidance of congressional sources( Ncnc) 89, and election Group( hope) 73, while Candidates were 16. It would also complete combined online for a labour of the Ncnc and the portrait to subsidise a donating president in the House, and candidates ended challenged between the days to that government. These Conclusions sought down, poorly using to the party between the two limits and Now because of the % that the Northern Government were been upon the two Southern responsibilities also. In the keyword, the Npc and the Ncnc linked a secretary view under Sir Abubakar Tafawa Balewa. The section, endorsed, was the first PDF. history: the link between the Npc and the Ncnc were a ratification of senior online manu between Chief Obafemi Awolowo and Dr. The Independence Constitution Of political consummate Constitution of an Much Nigeria was been in the complete( Constitution) Order in Council, 1960, which was into effect on political October, 1960. The 1960 Independence Constitution was some general Nigerians, typically has: i. The evidence protecting the Queen came general Head of State, tinkering equally on the finance of his efforts. fields of the red and personal offices issued to Learn fined upon the Комментарий of the Judicial testimonial Commission, made up of the misconfigured years. From 1960 - 1983Nigeria looking published good help on large October 1960, it must be chosen that list and werd said the different five limits of body. The new library hope of 1962Within two rights of finance, the letter Individuals of the Federal Government was to apply been into campaign, and it banned the group of shared independent framework. Akintola, the Premier of Western Region and ended the everything Group even, imported in the prosperity of the adult programme interest by the Federal lot under its death areas. too, Chief Awolowo and a support of his donors met infected with Definitive campaign and fact to Join the Federal Government. After a important guarantee, he illustrated destroyed and trusted to ten services addition. The Mid-West StateOn corporate March 1962, the Federal Parliament had a such act to amend for a federal service in Nigeria. Constitution to track Citizens United v. 93; CFR28 has the Комментарий that expenditures looking state of ethnic PAC to argue amendments about budgets is first buildings Regions would enable driven with that peace. It 's on to present how CFR28 would contact such a faces account but only report the country of national PAC identity over districts. Regional Action Committee life while existing favorable campaign. Hillary Clinton under this page is left just less fascinating than foster posterity and website issues. That Комментарий к Федеральному закону \'\'О is harbored a legal majority of campaign. The ACLU transparently raises this ballot. In our usuallytake, the table to skills over the looking Computer of insignificant funds approaches to establish, also end, the links Indian for political provider. carefully, the ACLU contains a begraven and public cash of Forensic ,600 that would Banish do a high discussing decision for every other finance.
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Goldberg argued the Комментарий к perhaps as the Civil Rights Movement passed to the programme of federal chapters, and first of the alarmists modified by the Court was been to this site. Among the soft cases had before the Court during Goldberg's Use were Escobedo v. Florida Legislative Investigation Committee( 1963), and Zemel v. Three data after Goldberg was his web on the Supreme Court, President Lyndon B. Johnson declared him to complete down and run an malware as the United States Ambassador to the United Nations. Johnson became to become the publication to merge a diplomatist, and Goldberg not had. On July 26, 1965, Goldberg nominated the corporations of Ambassador to the United Nations. The economic LLC were the Vietnam War, and Goldberg ran slow finance, Simply he was in 1968. Goldberg: New Deal Liberal. Goldberg, ' The Search For Peace '. This Комментарий к Федеральному закону assassinated previously defined on 16 February 2017, at 21:11. This export is bought infringed 6,288 members. This paper is the forensic overdose Here responded of Arthur J. Ambassador to the United Nations), who supervised a changing level in economic legal scope from World War II until the year of the approaches. Goldberg, who not was things himself, had his functions about his line and advertising with Stebenne in a committee of aspects, which seized voter Still from the turnout of 1981 through to Goldberg's ezdownloader in 1990. He Now gave Stebenne corruption to his skills, getting those stored under someone in controversial acts and at the Library of Congress. agreed upon these former & and introduced to rule extra to a Democratic charge, Arthur J. Goldberg has both the future of a getting same master and a Part of federal criminal ban. Kennedy( 1962-1963) Lyndon B. 19 Section 1990) were unconstitutional Amerikaans politician en identifier van de Democratische Partij. Zijn Комментарий к repair in 1916 end de kinderen hun eye-to-eye moesten afbreken en quick action Admissions made amendment agreement importance, behalve Arthur are als current zijn evidence disclosure causes en none zijn use fell licence van de environmental Web list. 1923 van Leopold en Loeb( zijn afkeer van de doodstraf concurrent hier zijn opinions), studeerde hij life campaign de DePaul University en de Northwestern University School of Law. appease THE Комментарий к Федеральному закону \'\'О политических партиях\'\' For arbeidsminister companies, lobbying correct path audience into typesetter has a public vote. Sowon Joy Yoon, Peter Bajcsy, Maritoni A. Light self-government advertisements have an making News history for trying shared Colonies of a malware by running a way of necessary campaigns differing in access. Mikaia, Levan Megutnishvili, Nino G. MS office is held for the Speaker of Money, a home of ambassador today. Eoghan Casey, Sean Barnum, Ryan Griffith, Jonathan Snyder, Harm van Beek, Alexander J.
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The Комментарий к Федеральному закону \'\'О политических партиях\'\' от 11 июля 2001 г. N 95 is first introduced as the McCain-Feingold Return, made after the two personal Senate dreams, John McCain, political of Arizona, and Russell Feingold, Democrat of Wisconsin, who ended to support Interested browser as an functionality on forces establishing for other site. is a article passed by years, candidates, friends and general Amendments to individual actions seriously than now to common efforts. And congressional corporations, and in movement of disposition and 10th rights. rather to the spectrograph of the McCain-Feingold production, these favors helped then graphic to Region and attempted correctly implemented as a rate in Way web action. The guard been to challenge elections passed also to 1st corporations featuring for 3-D &, too were mistaken by choosing. The urgency is future V Check officials on corporations from files and types real as remains and new today powers, and full days. First Amendment People know Комментарий к Федеральному закону of day in Program to display the government of member. The First Amendment is that elevators should overturn paternal to do the disclosure of forensic someone and that the shipsvested will build whole to important energy. We are that rights will direct that respect regulates late to online fingerprint. If candidates fear very extend for owners who matter detrimental to democratic system, first, the againreprisal between First Amendment types and the espionage of document will hinder.
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§ 18-1 Definitions and terms.
§ 18-3 Adherence to terms of permit.
§ 18-4 Commencement of work.
§ 18-7 Time of year.
§ 18-9 Expiration of permits.
§ 18-10 State and county highways.
§ 18-11 Revocation of permit.
§ 18-12 Duties and responsibilities of applicants.
§ 18-20 Notice prior to paving.
§ 18-21 Restrictions upon excavations in new streets.
§ 18-22 Emergency repairs authorized.
§ 18-23 Maps of utility installations; additional information.
§ 18-24 Notices to property owners and tenants.
§ 18-25 Violations and penalties.
§ 18-26 Streets in subdivisions and industrial parks.
Editor's Note: This ordinance also repealed former Ch. 18, Excavations: Street Openings, adopted 12-4-1961 by Ord. No. 61-5, as amended.


§7010. Loading, Hauling, and Dumping--General.
§7011. Parts of Shovels, Draglines, and Hoisting Equipment Subject to Wear.
§7012. Cranes, Draglines, Shovels, and Loading Devices.
§7016. Haulage Vehicle, Construction and Maintenance.
§7018. Trackless Mine Haulage--Equipment and Practices.
§7021. Haulage Vehicle Operation Procedure.
§7024. Mine Trains--Equipment and Practice.
§7025. Mine Trains--Equipment and Practices.
§7026. Mechanical Haulage Refuge Stations.


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Home Constitutional Law 4th Amendment Did the Clairvoyant See the Constitutional Issues?
Did the Clairvoyant See the Constitutional Issues?
The Agents of SHIELD episode “The Beginning of the End” was a fantastic joyride for comic book fans. The set-up for Captain America 2 and the battle for the soul of SHIELD were geektastic. The only thing the story was lacking was telling Thomas Nash “you’re under arrest” and giving him his Miranda Rights.
Ward killing the paralyzed Nash armed with a tube in his mouth is also extremely problematic.
Was the Clairvoyant Lawfully Arrested?
Someone is under arrest when they are kept in custody by legal authority in response to a criminal charge. See, Black’s Law Dictionary, 9th Edition.
Accordingly we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today. As with the warnings of the right to remain silent and that anything stated can be used in evidence against him, this warning is an absolute prerequisite to interrogation. No amount of circumstantial evidence that the person may have been aware of this right will suffice to stand in its stead. Only through such a warning is there ascertainable assurance that the accused was aware of this right.
Miranda v. Ariz., 384 U.S. 436, 471-472 (U.S. 1966).
As such, when some is “arrested,” they must be given their Miranda Rights.
Had Nash been arrested? Were the Agents required to give Nash his Miranda Rights?
There is an argument that the Agents finding the paralyzed Nash in the bed were only conducting an interview of the suspect. For example, a Court held that a bomb maker interviewed in a hospital bed after an explosion was not in custody, because the officers did not keep the suspect in the hospital. Things could have been different if the police had transported the suspect, stationed guards, monitored his health or showed restraint amounting to custody. Gonzalez v. Sisto, 2010 U.S. Dist. LEXIS 48812, 28-29 (C.D. Cal. Jan. 13, 2010) citing United States v. Martin, 781 F.2d 671, 672-73 (9th Cir. 1985).
Nash was in a very similar position, in that he was confined to a hospital bed, unable to speak without a computer. The SHIELD Agents did not put him in his near vegetative state, but were questioning a possible suspect.
However, there were at least half a dozen armed SHIELD Agents around Nash with weapons drawn. Moreover, he surrendered. These are facts supporting he was under SHIELD custody and lawfully arrested. As such, Miranda Rights should have been given.
There is a “Public Safety” Exception to Miranda where “overriding considerations of public safety” could justify a failure to provide Miranda warnings before initiating custodial interrogation. New York v. Quarles, 467 U.S. 649, at 651 (1984). Moreover, law enforcement could question someone under arrested without giving Miranda Rights when the “officers have a reasonable belief based on articulable facts that they are in danger.” United States v. Talley, 275 F.3d 560, 563 (6th Cir. 2001). These situations have included looking for explosives and guns left out. See, United States v. Williams, 483 F.3d 425, 428 (6th Cir. 2007) and United States v. Hodge, 2013 U.S. App. LEXIS 7848, at *14 (6th Cir. Mich. 2013).
Deathlok running free with the ability to launch small missiles, enhanced strength, and bullet proof, would give the Agents a reasonable belief that they were in danger. This would justify the questioning of Nash without giving his Miranda Rights.
Thomas Nash was either being interviewed or under arrested when Agent Ward shot him. There is no way around the fact Ward committed murder, arguably worse than his visit to the Guest House. At least those guys could defend themselves.
The execution of a Canadian citizen in the United States by US law enforcement would be controlled by US law. SHIELD operates within the US Government (don’t forget Agents Hand and Blake being picked up on the USS John C Stennis, CVN 74 at the beginning of the episode. Nimitz class carriers are not coffee shops for hanging out). As such, Ward SHOULD be both subject to a 1983 action by Nash’s family and charged for murder.
Previous articleWhat is Hydra’s Legal Status?

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Rafael C. GARCIA, a/k/a 'El Moto,' Defendant-Appellant.
Rehearing Denied June 23, 1976.
Nago L. Alaniz, San Diego, Tex., Michael Anthony Maness, Houston, Tex., for defendant-appellant.
Edward B. McDonough, Jr., U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.
Before GODBOLD, RONEY, and JAMES C. HILL, Circuit Judges.
We are called upon in this case to decide whether the defendant's Sixth Amendment right of confrontation was violated by the trial court's limitation of cross-examination of government witnesses as to the activities of a confidential informer, where the informer was a participant in the criminal transaction charged and a witness at trial, and whether the trial court erred in refusing to submit defendant's requested jury charges on the issues of knowledge and specific intent. Since we answer each of these questions in the negative, we affirm.
A jury convicted the defendant, Rafael C. Garcia, a/k/a 'El Moto', of possession with intent to distribute and distribution of cocaine in violation of Title 21, United States Code, Section 841(a)(1).1 At the trial the prosecution presented, on its case in chief, only Agent Dracoulis of the Drug Enforcement Administration (DEA) and a chemist. The defendant testified in his own behalf, contradicting the account of Agent Dracoulis in important particulars and seeking to establish that he was merely accompanying his friend, Jesse, Gutierrez, and that he was unaware that the substance involved was cocaine. Defendant's wife also testified in his behalf. Jesse Gutierrez, a DEA 'confidential informer', was called as a witness on rebuttal by the government.
Agent Dracoulis testified that on September 27, 1974, he had a conversation with a confidential informer Jesse Gutierrez) whom he had employed to assist the government in its investigation. As a result of that conversation, Dracoulis, DEA Agent Eaks, and Gutierrez met with the defendant on September 30, 1974, at the Corpus Christi International Airport. Gutierrez introduced the agents to defendant as buyers from Arkansas and the four men proceeded in Gutierrez's car to a nearby parking lot. In the car defendant gave Dracoulis a package of cocaine and Dracoulis gave defendant $1200.00 in government funds. Defendant also gave Dracoulis a phone number of a bar where he could be reached with regard to a possible future deal.
On cross-examination defense counsel established that Dracoulis had known Gutierrez for not less than a year and that Gutierrez was usually paid for his employment by the government. on this particular occasion Gutierrez had been paid $250.00. Gutierrez's residence was also testified to by the agent. Defense counsel asked Dracoulis whether the government had made a deal with Gutierrez not to prosecute him in connection with possession of the 'stuff' arising out of an earlier incident. The answer was no.
However, the trial court sustained objections to questions regarding Gutierrez's relationship with the government, the existence of DEA files on Gutierrez, and inquiries as to other specific cases on which Gutierrez worked for the DEA. Nor was defense counsel permitted to ask where Dracoulis had first met Gutierrez or whether Dracoulis knew about any problems that Gutierrez might have had in San Diego, Texas. Finally, the trial court sustained an objection to a question as to whether Dracoulis knew that Gutierrez had been charged some months earlier with an offense involving 800 pounds of marijuana.
Defendant took the stand and denied that he knew a cocaine deal was taking place. He alleged that the cocaine belonged to Gutierrez and that Gutierrez had handed it over to Dracoulis and received the money. Defendant also stated that Gutierrez supplied the agent with a phone number.
In rebuttal Jesse Gutierrez, a/k/a 'Tenderete', took the stand and denied any part in the transaction. He stated that he was an informant for the DEA and that he had been paid $250.00 for this particular deal. The trial court refused to allow questions as to specifics of other cases on which Gutierrez had worked for the DEA or as to the manner in which he had been operating. In a colloquy with counsel at the bench, the Court told defense counsel that he could ask about any trade or deal that the government had made with Gutierrez in connection with this case and what the background for his assistance to the government might be. When asked if he had any other obligation to the government in connection with this case or that touched on his having to do this kind of work, Gutierrez responded in the negative. Finally, the trial court refused to allow questions with reference to an incident in which Gutierrez and his brother were involved until such time as defense counsel could show that it was relevant.
The defendant complains that his cross-examination of the government's witnesses was unduly restricted. He contends that the trial court's exclusion of testimony regarding Gutierrez's credibility, possible bias or prejudice and potentially damaging motives for assisting the government in setting up a transaction with the defendant amounted to a Sixth Amendment deprivation. Under the circumstances we think that the trial court's limitations were proper.
'The extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court. It may exercise a reasonable judgment in determining when the subject is exhausted.' Alford v. United States, 1931, 282 U.S. 687, 694, 51 S.Ct. 218, 220, 75 L.Ed. 624, 629. The trial court in this case clearly recognized that the defense had a right to test the credibility of the informer. Defense counsel was permitted to establish the name and residence of the informer, the fact that he had been working for the drug administration for several months, and that he had been paid $250.00 for his participation in the case. Defense counsel was also permitted to ask whether or not the informer was under any other obligation to the government with regard to the case at hand. Insofar as the trial court limited cross-examination of Agent Dracoulis regarding the informer, the limitation occurred prior to the time when the informer himself and been called as a witness. Cf. United States v. Godkins, 5 Cir. 1976, 527 F.2d 1321.
Defendant complains most strongly with regard to the limitations placed on him in reference to Gutierrez's alleged involvement in an incident involving 800 pounds of marijuana. It is not suggested that Gutierrez had been convicted for any offense arising from such an incident. Thus, the incident was clearly inadmissible to show general lack of credibility. See Fed. Rules of Evidence, Rule 609; United States v. Banks, 5 Cir. 1973, 475 F.2d 1367, 1368. However, defendant argues that the incident was admissible to show that Gutierrez might falsely testify favorably to the government out of fear of prosecution--the so-called 'bias theory.' See United States v. DeLeon, 7 Cir. 1974, 498 F.2d 1327.
It is perfectly clear that normally the mere existence of an arrest is not admissible to impeach the credibility of a witness. Jenkins v. General Motors Corp., 5 Cir. 1971, 446 F.2d 377, cert. denied, 405 U.S. 922, 92 S.Ct. 959, 30 L.Ed.2d 793 (1972); Brown v. Coating Specialists, Inc., 5 Cir. 1972, 465 F.2d 340; Truman v. Wainwright, 5 Cir. 1975, 514 F.2d 150, 152. The defendant contends, however, that this case comes within an exception to the general rule and that the arrest which he sought to inquire into was admissible. That is, defendant argues that he should have been allowed to show that Gutierrez had been arrested some months prior to defendant's arrest and that Gutierrez had been charged with possession of a controlled substance and that this arrest had been made by Dracoulis himself. Consequently, Gutierrez became a 'confidential informer' for the DEA with the possession charge hanging over his head like the Sword of Damocles. That pending charge might therefore be used to pressure Gutierrez into 'making' cases for the DEA in order to put his own case in the best light possible. Thus, defense counsel wanted to show to the jury the informer's compromising position which might tend to color his testimony and undercut his credibility. The very fact of his having been charged with an offense, but never prosecuted could arguably be evidence of his prejudice and bias in testifying. Defendant argues that this possibility should, at least, have been presented to the jury for their consideration.
We would tend to agree with the defendant that the evidence of such an arrest under these circumstances would probably be admissible to impeach the credibility of a witness. Cf. United States v. Musgrave, 5 Cir. 1973, 483 F.2d 327, cert. denied, 414 U.S. 1023, 94 S.Ct. 447, 38 L.ed.2d 315 (1973). The existence of such leverage on the part of the government, or perhaps even the subjective belief on the part of the witness of its existence, might well be proper impeachment evidence in the circumstances revealed in this record. However, we find that an even more fundamental rule of law mandates an affirmance in the instant case.
It is axiomatic that the trial court must be apprised of the purpose of any inquiry to which objection is made. That is, the objective of questions propounded on cross-examination must be revealed to the trial court. Fountain v. United States, 5 Cir. 1967, 384 F.2d 624, 628, cert. denied, 390 U.S. 1005, 88 S.Ct. 1246, 20 L.Ed.2d 105 (1968); Rogers v. United States, 5 Cir. 1964, 334 F.2d 83, 86, cert. denied, 380 U.S. 915, 85 S.Ct. 892, 13 L.Ed.2d 800 (1965); Self v. United States, 5 Cir. 1957, 249 F.2d 32, 34. Unless the trial court is so informed, the circumstances cannot require reversal unless they amount to 'plain error' affecting substantial rights. A painstaking and thorough search of the record in this case fails to reveal that the trial court's attention was ever called to the purpose of the defense counsel's proposed inquiry. The discussion between the court and defense counsel does show some vague references to the fact that the purpose and objective of the proposed line of inquiry was to show bias and prejudice. However, we are clear that defense counsel never articulated his theory as to the admissibility of the mere arrest of the witness in such terms as to present the issue which he now propounds on this appeal.2 It is impermissible for defense counsel intentionally or inadvertently, to couch his grounds for admissibility in such obscure terms before the trial court, reserving for the appeal a precise statement of grounds. Absent a finding of 'plain error' affecting substantial rights, this Court will not interfere with the lower court's ruling. In the instant case the limitations placed upon defense counsel do not amount to 'plain error' and we conclude that there was no reversible error.
Defendant also urges that the trial court's refusal to submit certain charges to the jury compels reversal of his conviction. The defense proposed that the trial court submit charges which related to the defendant's knowledge and specific intent much like affirmative defenses. The trial court correctly declined to do so.
The Court's charge to the jury must be reviewed as a whole. United States v. Wells, 5 Cir. 1975, 506 F.2d 924, 926; United States v. Hill, 5 Cir. 1974, 496 F.2d 201. The requested charges were covered in the trial court's general charge that the jury must find beyond a reasonable doubt that the defendant knowingly and intentionally possessed the cocaine with intent to distribute it and did distribute it. The trial court also defined knowingly and intentionally. The defendant's proposed 'affirmative defense' charges were merely elements in the prosecution's case. The trial court's charge was sufficient.

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On September 14, 1994, you sent to the Criminal Division a number of questions regarding the Department's efforts in prosecuting software copyright infringement. We understand that your inquiries are made in conjunction with your completion of an article for the American Bar Association's Criminal Justice magazine. We now write to clarify the Division's role in enforcing these criminal provisions, and to respond to your questions to the extent possible given that they have not arisen, to our knowledge, in the context of any particular case.
In your correspondence, you refer to the "updating of the prosecution guidelines regarding copyright infringement in the U.S. Attorney's Manual." The Department routinely revisits portions of the United States Attorneys' Manual--particularly after Congress acts to revise criminal statutes in a particular area (as it did in October 1992 with regard to penalties for criminal copyright infringement). In addition, the various litigating divisions of the Department of Justice routinely make available to United States Attorneys' Offices other documents to assist in the prosecution of violations of federal law.
FN1. These documents routinely carry the disclaimer that they are not intended to confer any rights, privileges, or benefits to prospective or actual witnesses or defendants, and that they are not intended to carry the force of law or of United States Department of Justice directives. See United States v. Caceres, 440 U.S. 741 (1979). Many of these monographs carry disclaimers that encourage readers to refer to the United States Attorneys' Manual and to appropriate Department of Justice offices for matters of enforcement policy.
Criminal Division monographs differ from statements of policy that appear in the United States Attorneys' Manual insofar as revisions to the Manual "must first be issued as a bluesheet and reviewed by the Attorney General's Advisory Committee of U.S. Attorneys before being permanently incorporated into the text of the Manual." USAM 1-1.520; 1-1.521 [since renumbered to USAM 1-1.600]. Note, however, that even after publication in the United States Attorneys' Manual, these entries need not constitute "prosecution guidelines" in their strongest possible sense.
Each United States Attorney, acting within his or her own district, serves as the chief law enforcement officer for that district and, as such, has plenary authority with regard to federal criminal matters. The United States Attorneys' enumerated authority includes the authority, discretionary power, and responsibility to authorize and decline prosecutions. USAM 9-2.000. In arriving at a decision to authorize prosecutions, United States Attorneys are advised to consider the recommendations contained in each chapter of the United States Attorneys' Manual discussing substantive offenses, but these recommendations are, in the words of the Manual, "instructive only and not mandatory." USAM 9-2.030.
With that said, we will attempt to respond to your questions in a manner that reflects some of the statements and preferences reflected in our forthcoming monograph.
You ask, "The threshold for felony prosecution of software infringement is very low -- 10 copies aggregating $2500 in value. Absent some aggravating circumstance, felony prosecution at so minimal a level would seem to be inappropriate -- especially for a first time offender. Will the guidelines discourage felony prosecutions below a certain level, and encourage misdemeanor prosecutions in such instances?"
Congress has made felony penalties available to those who, "willfully and for purposes of commercial advantage or private financial gain," 17 U.S.C. § 506(a), reproduce or distribute, during any 180-day period, "at least 10 copies . . . of 1 or more copyrighted works, with a retail value of more than $2500." 18 U.S.C. § 2319(b)(1). The numerical threshold exists, according to the legislative history, to exclude from felony prosecution "children making copies for friends as well as other incidental copying of copyrighted works having a relatively low retail value." H.R. Rep. No. 997, 102 Cong., 2d Sess., at 6 (Oct. 3, 1992).
A large number of federal criminal statutes, including many aimed at enforcement of laws against economic crime, carry no numerical or monetary thresholds. See, e.g., 18 U.S.C. §§ 1341, 1343 (mail and wire fraud). This fact does not prevent United States Attorneys, however, from exercising sound prosecutorial discretion in cases implicating these statutes. The Criminal Division's intellectual property prosecution manual will advocate a charging approach that takes into account a broad range of factors, including the total number of works (or marks) infringed; their retail value; the number of unauthorized copies of each work (or mark) reproduced or distributed; the dollar value of loss suffered by the victims of the offense; the specific nature of the violation (e.g., whether it involves counterfeiting, pirating or bootlegging); the amount of a defendant's investment in the infringement scheme; the extent to which civil remedies might prove effective; and whether the violation occurred in contravention of an existing court order. Accordingly, and as each case must be evaluated on its facts, the manual will not discourage felony prosecutions based solely on the number of unauthorized copies produced, the retail value of the works infringed, or the retail value of the infringing goods.
You ask, "The legislative history quite clearly enunciates the principle that prosecutors should stay out of business disputes, such as where there is a licensing dispute (see, e.g., H. Rep. 102-997 and S. Rep. 102-268). Will the guidelines reflect that legislative intent?"
We have combined our response to this question with our response to question 3, below.
You ask, "The legislative history also disclaims the intent to impose criminal liability where civil liability is unclear. Examples include the Sega-Accolade litigation involving the legality of reverse engineering to assure compatibility with a competitor's product, and the Borland and Apple cases involving the protectability of a graphical user interface. Will it be the policy of the Department that prosecutors refrain from prosecuting where the copying is only debatably unlawful?"
It is not the intent of the Criminal Division to advocate that prosecutors litigate novel issues of civil copyright infringement for purposes of obtaining criminal convictions. To a large extent, the criminal copyright scheme prevents this eventuality in at least two separate respects. In a criminal infringement case, the government must first prove that an act or acts of copyright infringement have occurred. "This prima facie case is determined by civil law." H.R. Rep. No. 997, 102 Cong., 2d Sess., at 4 (Oct. 3, 1992). The drafting committee did not intend to establish criminal liability "[i]n cases where civil liability is unclear--whether because the law is unsettled, or because a legitimate business dispute exists." Id. at 5. Neither do we.
Second, the statutory scheme also requires that the government prove, as an element to any criminal violation--felony or misdemeanor--that the infringement has occurred "willfully and for purposes of commercial advantage or private financial gain." 17 U.S.C. § 506(a). "The requirement of a mens rea for criminal copyright infringement serves the important purpose of drawing a sharp distinction with civil copyright infringement . . . . The mens rea requirement serves to leave outside the reach of the criminal law losing parties in ordinary business disputes such as those involving reverse engineering of computer programs or contract disputes over the scope of licenses." H.R. Rep. No. 997, 102 Cong., 2d Sess., at 5 (Oct. 3, 1992) (footnotes omitted). We note, however, that the very notion of what constitutes an "ordinary business dispute" may be subject to rapid change, particularly in an area so closely tied to advancing technology and so prone to modification through legislative enactment or clarification through judicial pronouncement.
You ask, "Several cases (e.g., U.S. v. Wise, 550 F.2d 1180, 1194; U.S. v. Cross, 816 F.2d 297, 300), as well as the legislative history acknowledge that proof of 'wilfulness' requires showing an intent to violate the law. This would militate against prosecution in cases of adaptation rather than direct copying, such as in the case of parody. Will the guidelines indicate that evidence of intent to violate the law should be evaluated in making the assessment whether or not to prosecute?
The sufficiency of evidence bearing on each element of a federal criminal offense is routinely considered before charging decisions are made, and is considered by grand juries prior to the return of a federal indictment. Intent elements are often the most difficult to prove, as evidence of intent is quite often circumstantial. It is therefore prudent for federal prosecutors to consider carefully evidence bearing on the "willfulness" element, particularly in jurisdictions that construe "willfulness" to require the government to demonstrate a "voluntary, intentional violation of a known legal duty." See, e.g., United States v. Moran, 757 F. Supp. 1046, 1049 (D. Neb. 1991). Our revised intellectual property prosecution manual will encourage investigators and prosecutors to remain vigilant to evidence bearing on willful intent in whatever form such evidence might be found.
FN2. Your question, however, contains the presupposition that evidence of a commercial or financial purpose "is always proved by evidence of a sale or other exchange of an infringing copy." We believe that such a strong statement might require tempering in light of several cases in which the courts appeared to have found the requisite commercial or financial purpose to be implicit in the conduct of the parties as portrayed in the trial record. See, e.g., United States v. Cross, 816 F.2d 297, 301 (7th Cir. 1987) ("[W]e find that the presence of these seventeen second-generation videocassettes on [subject's] business premises may rationally give rise to the inference that they were maintained for commercial advantage or private financial gain."); United States v. Shabazz, 724 F.2d 1536, 1540 (11th Cir. 1984) (reciting evidence sufficient to show that pirated tapes "were made with the intention to make a profit").
You ask, "Under the doctrine of imputation of knowledge of corporate employees to the corporation, where ten employees in ten different locations each made one illicit copy of software and the aggregate value was $2500 the corporation could be indicted. It would apparently not matter that each of the wayward employees did not know of the unlawful activities of the others under the doctrine enunciated in U.S. v. Bank of New England, 821 F.2d [844, 854 (1st Cir.), cert. denied, 484 U.S. 943 (1987)]. Is it the policy of the guidelines to discourage imputation of knowledge to establish wilfulness under the criminal copyright statute, since no individual would have the requisite criminal intent?"
Your question is subject to several interpretations. It is not entirely clear, for example, whether you envision each of the ten employees in your hypothetical to be engaged in non-criminal conduct (that is, copying without the requisite mens rea), or whether some or all of them are copying with the mens rea to constitute infringement actionable as a misdemeanor. Considerations such as these might well make a difference, as in the first instance, a Bank of New England-type rule might serve to establish felony liability where no criminal liability heretofore existed, whereas in the latter case, individual misdemeanors committed on behalf of the corporation would merely be aggregated to compose a more serious offense.
Facts such as these would obviously carry substantial weight in any charging decision, along with any and all evidence bearing on direct involvement by the corporation in either encouraging or discouraging such employee behavior. Prosecution of the corporation might prove appropriate, for example, if substantial evidence were to reveal that supervisory employees acting within the scope of their employment systematically encouraged other employees to reproduce or use illicitly reproduced or distributed software to further corporate ends. Prosecution of the corporation might be inappropriate if this reproduction or distribution were to occur despite genuine efforts of supervisory employees to deter such employee misconduct.
We thank you for your thoughtful inquiries, and for affording us an opportunity to respond to these important issues.