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legal

KN, p. 243 “Where Did They Move the Graves?”

 

“May he/she rest in peace.” a statement made by attendees at most funerals in one form or another. We all want our loved ones to rest in eternity, free of any earthly concerns. We assume that for those being interred in a graveyard or other burial site, that the body will remain in that spot, marked in some way (by a headstone or plaque) to allow visitation by the heirs in years to come.

 

To many grieving loved ones, to disturb that resting place would be a desecration, no matter what the cause for doing so. But, however offended we may be at the idea of anyone digging up Grammie or Auntie Millie, States and municipalities have the right of Eminent Domain and that stretches to include moving graves if needed for the public good.

 

One comment made by some less sensitive, but motivated to complete the projects: “the dead are dead, so they won’t care.”

 

A common response made by the people affected: “the souls will haunt the diggers until finally able to rest.”

 

I read recently that sections of a central North Carolina church cemetery stand in the way of the highway department’s wish/need to remove a potential traffic bottleneck. I stood next to the road during ‘rush hour’ one day and there was never bumper to bumper congestion. Four years ago, somebody predicted that traffic would double by 2039, and as a result, this project was conceived. Hmmm. The plan is to widen the road from two to four lanes. Unfortunately, part of the church is about 30 feet from the road and the cemetery is not only smack dab next to the road, but is on both sides of the road. In 1831, when the church was erected on a peaceful country lane, nobody expected a major highway to be constructed a 1/4 mile away, let alone that the country lane would need to be widened to accommodate motor vehicles.

 

By NC State Law, relatives of the deceased in the ground must be notified of any intent to move the bodies. On occasion this happens because of cemetery re-design (unforeseen flooding, earthquakes, mudslides). In the case of natural disasters, relatives would most likely be okay with digging up coffins and having them moved to safer places. In rare instances, a body can be exhumed by court order when there is a suspicious death under investigation. And, permission isn’t needed from the immediate family in most jurisdictions when criminal mischief is the reason for the exhumation.

 

In NC, the plan is to relocate 206 of the 2000+ bodies to an area behind the church. Why some, not all? The State doesn’t need all the land. What if the church officials can’t reach everyone? The next of kin has had two years to reply, but what if the last known address doesn’t work anymore? What if all the heirs have died as well? The church will leave a marker near where the body had been (in some cases for 100 years) letting interested parties know where they can now find the grave and headstone. Yes, the headstones are to be moved as well.

 

I can tell you that people are upset, while some accept the reality. They’ve had almost two years since notification to adjust to the news and react. Stakes are in the ground reminding the congregation and heirs that the State is serious. Lawyers have been involved, negotiations to make adjustments to the plan have been underway, petitions to stop the project altogether have been filed. Blue flags indicate the dividing line between moving and staying put, although if the church followed the line exactly, in one case a family would be split up and the family headstone would be sliced in half. So, sane heads prevail and decisions are made to do the least harm.

Who takes care of the cost of moving the headstone and any damage that may occur? In this case, a contractor is being paid to move the headstones, but only pays for damage or repair if it’s specifically in the contract for hire. The NC church has become a go-between of sorts and has a few guidelines in place to ensure the quality and appropriateness of the stones.

 

Where does the law stand on this?

It varies from State to State, but in general, all living heirs of the dead must be found and notified of the plans to move the graves at the State’s expense (within the State’s definition). If one of them objects, the move cannot happen legally. But trust me, noncompliance can be expensive.

 

True story: decades ago, a proposed major highway spur was due to be completed in New Jersey. It had been on the books for so long that the locals assumed it would never be finished. When the time actually arrived, the homeowners were given a choice to move or stay and be cut off from city services because of the road design. The State finished the project and the locals that stayed lost any possibility of compensation, etc. and did indeed lose access to services, including for a short time having to drive two miles out of the way to exit the housing area. In other words, sometimes permission must be given, but that doesn’t mean the State will make it easy not to comply. If permission isn’t needed for road construction, the contractors will come in and bulldoze anything in the way. Legally.

 

Is this the first time a graveyard or personal or supposedly protected public property has been impacted by the needs of the many? Not by a longshot.

 

Golf courses have been built on top of graves, although sometimes accidentally. Read “Cemetery at the Golf Course,” here: http://bit.ly/1tUQ4rX

 

Eminent Domain covers the destruction and/or reduction of the federal park system.

 

Eminent Domain comes into play when ancient burial grounds stand in the way of energy development.

 

Is it legal to be buried on your own property?

What would keep me from bringing Auntie Millie home to my 5 acre piece of property?

 

There are no laws that prohibit home burial, but you must check local zoning laws before establishing a home cemetery or burying on private land. It is also legally required to use a Funeral Director, even if you are burying on private land. Embalming is only required if a person died of a contagious disease.

 

Whether in the name of greed or progress, the Eminent Domain stories just write themselves. And plenty have been, both in books and in the movies.

 

*Notes: There is nothing fictional about this post.
              Photos taken by me, Patti Phillips.

 

 

 

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KN, p. 168 “How do you become a US Marshal?”

 

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In the last post, “What does a U.S. Marshal do?” I listed quite a few of the duties that occupy the days of U.S. Marshals working in the various sections of the U.S. Marshal Service.

 

Part 2 of the series deals with qualifications needed to become a member of the oldest federal law enforcement agency in the United States.

 

First and foremost, potential candidates must be U.S. citizens and must be between the ages of 21 and 36. There are exceptions to the upper limit, but they are addressed at the time of application.

 

Before attending academy training, candidates must:

 

  • Have a bachelor’s degree, plus a year of grad school, preferably in an area of criminal justice – with at least a B average in all coursework.
  • Pass a background check – assume that it will be thorough
  • Complete interviews and various screenings – assume they will be intense
  • Be in top physical shape – not just a gym rat
  • Have at least normal vision and hearing
  • Pass the Fitness Test – see below and decide whether you could qualify to be part of the next Academy class

 

Minimum Fitness Standards for Men (30-39) in order to pass:

 

Complete 27 pushups, followed by 36 sit-ups, immediately followed by a 1.5 mile run in less than 13 minutes.

The Superior level is pegged at 51 pushups, 50 sit-ups and that same 1.5 mile completed in less than 9 minutes.

 

Minimum Fitness Standards for Women (30-39) in order to pass:

 

Complete 14 pushups, followed by 27 sit-ups, with the 1.5 miles finished in less than 16 minutes.

Reaching the Superior level requires more than 22 pushups, more than 41 sit-ups and the 1.5 mile run to be completed in less than 12 minutes.

 

The other age charts don’t differ all that much. Let’s face it, if 2-3 pushups more or less would make the difference in your candidacy, you probably aren’t ready yet.

If you are at the minimums when passing the Fitness Test, keep in mind that as an overall candidate, the other parts of your resume will need to be much stronger than at the minimum.

 

Why is it necessary to be in such good shape? The U.S. Marshals in charge of transporting prisoners or apprehending fugitives will need to work in all kinds of extreme weather conditions. The USA has both Alaska and Florida within its borders, with snowstorms, hurricanes, freezing temps as well as sweltering heat to contend with. At times, Marshals may have to wear Kevlar vests in the heat or resist an assault or run for blocks or be in confined spaces with dangerous criminals…you get the idea.

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You’ve passed the initial screening and now it’s time for you to:

 

  • Pass the 21 ½ week basic training program at the United States Marshals Service Training Academy.

 

United States Marshals Service Basic Training Academy is conducted at the Federal Law Enforcement Training Center (FLETC), in Glynco, GA. The training is tough and since it is experienced in the intense heat and humidity of the world that is Georgia (USA), potential candidates are warned that top physical condition means just that. To prepare for the intensity of the Academy training, potential candidates are warned to start hydrating weeks before setting one foot at the Center. Hydrate, hydrate, hydrate, just to stay alive in the brutal summers of the South – forget about all the intense 1 to 10 mile runs combined with workouts, climbing, obstacle courses, and sprints that are coming at unscheduled times during training.

 

Some of the subjects covered during training include:

  • Building entry and search
  • Computer training
  • Court security
  • Defensive tactics
  • Driver training
  • Firearms training
  • High profile trials
  • Officer survival
  • Physical conditioning
  • Prisoner search and restraint
  • Search and seizure
  • Surveillance

 

There are seven exams given during the 21+ weeks. Each test must be passed with a score of at least 70%. There are additional practical exams scored with a pass/fail.

 

The subjects covered during training are necessary knowledge that a U.S. Marshal must internalize in order to do his/her job well. Lives depend on doing that job well.


Post Academy

 After successfully completing the training program and getting out into the field, U.S. Marshals are required to attend annual training sessions to maintain proficiency in certain areas or to learn new forensic techniques available.

 

Every six months, re-qualification is required for primary and off-duty handguns, rifles, shotguns, and perhaps submachine or semi-automatic guns if needed.

 

Once a year, re-qualification is required for batons and stunguns, as well as other non-lethal devices.

 

After seven years, the Deputy U.S. Marshals attend an advanced basic training session.

 

Think the training and ongoing retraining is something you could handle? From all reports, the job is an interesting one most of the time. There are reports to file, stake-outs to sit through and occasional boring parts of the work, but although sometimes dangerous, the job of a US Marshal is  essential to keep our court and judicial system running smoothly.

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For more information, please visit www.usmarshals.gov

Photo credits:

Collage of badges edited from the US Marshal website
Middle and bottom badge photos – Wikipedia

 

 

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KN, p. 167 “What does a U.S. Marshal do?”

 

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The U.S. Marshals Service (USMS) has been around for over 225 years, created by the first Congress to protect/serve the federal courts and make sure the orders of the President, Congress, and Judges were carried out across the United States. It is the country’s oldest federal law enforcement agency.

 

I never thought of US Marshals as census takers, but up until 1870 they did that in addition to arresting fugitives and serving subpoenas. Over the years they have also been asked by Congress and the President to capture fugitive slaves, swap spies with the Soviet Union, chase the bad guys, control riots – the basic idea being to help the government run more smoothly when nobody else has been quite qualified to do the job across State lines.

 

An interesting aspect of their history is that at first, US Marshals answered to the Secretary of State. In 1861, they fell under the Attorney General’s office and then in 1961, became an entity of their own with a Chief Marshal in charge. It has always been the enforcement arm of the federal courts and operates within the Department of Justice.

 

The 94 US Marshals are appointed by the President and handle the enforcement duties for the 94 federal court districts and the 12 circuits of the US Court of Appeals. They employ over 5,200 deputy Marshals, criminal investigators, administrative employees, and detention enforcement officers. They are in charge of:

 

  • Judicial Security
  • Fugitive Operations
  • Asset Forfeiture
  • Prisoner Transportation
  • Witness Security

 

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Judicial Security

 

Since the federal courts preside over cases that involve terrorists groups, organized crime, and other presumed seriously dangerous defendants as well as high profile extortion/fraud cases, the judges, lawyers, and even litigants involved are sometimes the target of violence.

 

It’s the job of the US Marshal Service to prevent the violence and also to protect the public, witnesses, jurors, prisoners, and innocent bystanders.

 

In addition, the USMS:

 

  • Coordinates security for judicial conferences.
  • Protects Supreme Court justices and the deputy Attorney General outside of Washington.
  • Provides support to the Department of State Diplomatic Security Service with protective details for foreign officials while the U.N. is in session.
  • Manages the security services that provide court security officers who screen visitors at building entrances.
  • Provides information to federal, state, local, and international law enforcement partners about judicial security, including threat assessment and training.

 

 

Fugitive Operations

 

In 2015, the USMS arrested over 99,000 fugitives.

They cleared over 119,000 warrants.

 

 

Asset Forfeiture

 

The Department of Justice Asset Forfeiture Program seeks to disrupt criminal actions by taking away the means of doing business, while returning property to its rightful owners.

 

The U.S. Marshals Service helps identify and evaluate the proceeds of crime. They manage and sometimes auction off items as varied as real estate, businesses, cars, jewelry, art, antiques, boats, and planes.

 

Proceeds from the sales go to operate the program, reimburse victims, and fund various law enforcement operations.

 

Some of the other agencies that participate in the Asset Forfeiture Program are: Bureau of Alcohol, Tobacco, Firearms and Explosives; FBI; U.S. Postal Inspection Service; Food and Drug Administration; Department of Agriculture Office of the Inspector General.

 

 

Prisoner Transportation

 

In 2015, over 261,000 prisoners were transported by air and on land by the USMS.

 

The U.S. Marshals’ Justice Prisoner and Alien Transportation System handles over 700 cases a day between judicial districts and correctional institutions in the U.S., for the purpose of getting witnesses to trial or prisoners to jail.

 

JPATS has its own fleet of aircraft to move prisoners over long distances and is the only government-operated, regularly-scheduled passenger airline in the USA. Both military and civilian law enforcement agencies can use the planes for their prisoner transport – if space is available and only if the USMS is reimbursed.

 

 

Witness Security

 

The U.S. Marshals Service operates the federal Witness Security Program, sometimes called the Witness Protection Program, or WitSec.

 

Its primary role is to protect government witnesses and their immediate family members (sometimes innocent bystanders and sometimes criminals themselves) whose lives are in danger because of their cooperation in investigations and trials.

 

 

For more information about the US Marshal Service, visit www.usmarshals.gov

 

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Future posts will discuss:

 

  • Qualifications and training needed to become a US Marshal
  • WitSec

 

 

*Photo credit: Wikipedia

 

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