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MY'STORY

The MOVE Fire

This is a personal recollection on the Move fire on May 13, 1985 Philadelphia police fired thousands of rounds at the MOVE house, city officials approved dropping an explosive device on the roof, the resulting fire was allowed to burn, 11 people—including five children—died, and 61 homes were destroyed. Philadelphia City Council later called it a “brutal attack carried out by the City of Philadelphia on its own citizens” and acknowledged that no individual faced criminal consequences for the bombing. One timeline correction worth preserving for the BHP record: the major previous MOVE-police confrontation was August 8, 1978, about seven years before the bombing, not a year or two earlier. Officer James Ramp was killed, other police and firefighters were wounded, nine MOVE members were later convicted, and television cameras recorded police beating Delbert Africa during his arrest. The 1985 MOVE Commission later specifically criticized city planners for failing to adequately use lessons from that 1978 confrontation. And that actually strengthens the point you’re making: 1985 did not happen without precedent or institutional memory. There had already been a deadly confrontation with MOVE, years of conflict, negotiations and police involvement before Osage Avenue.

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BLACK FACTS
The Truths They Never Taught You...

The Violence That Helped Spark the NAACP

In August 1908, a white mob attacked Springfield, Illinois’s Black community, destroying homes and businesses and lynching two Black men. National outrage over the violence helped spur the movement that created the NAACP the following year.

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Wikipedia

Solicitation

Solicitation is the act of offering, or attempting to purchase, goods and/or services.[clarification needed] Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.[1]: 698–702 

England and Wales

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In England and Wales, the term soliciting is usually "for a person (whether male or female) persistently to loiter or solicit in a street or public place for the purpose of prostitution" under the Street Offences Act 1959 as amended.[2] The crime of soliciting should not be confused with the profession of a solicitor, which under UK law is typically that of a lawyer, who may also function as a legal agent to obtain the services of a barrister on behalf of a client.

United States

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In the United States, solicitation is the name of a crime, an inchoate offense that consists of a person offering money or inducing another to commit a crime with the specific intent that the person solicited commit the crime. For example, under federal law, for a solicitation conviction to occur the prosecution must prove both that defendant had the intent that another person engage in conduct constituting a felony crime of violence, and that the defendant commanded, induced, or otherwise endeavored to persuade the other person to commit the felony.[3][citation needed]

In some jurisdictions in the United States, solicitation of prostitution is subject to occasional police sting operations, which have been in turn subject to court cases on privacy grounds.

Differences in laws

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In the United States, the term "solicitation" implies some part of commercial element, consideration, or payment. In some other common law countries,[which?] the situation is different:

Differences from other crimes

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Solicitation has in the U.S. these unique elements:

  1. the encouraging, bribing, requesting, or commanding a person
  2. to commit a substantive crime,
  3. with the intent that the person solicited commit the crime.

Unlike conspiracy, there is no overt step necessary for solicitation, one person can be a defendant and it merges with the substantive crime.

It is not necessary that the person commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime (such as if the "solicitee" were an undercover police officer).

For example, if Alice commands Bob to assault Charlie, and Alice intends for Bob to assault Charlie, then Alice is guilty of solicitation. However, if Alice commands Bob to assault Charlie without intending that a crime be committed (perhaps believing that Charlie has given consent), then there is no solicitation.

An interesting twist on solicitation occurs when a third party that the solicitor did not intend to receive the incitement overhears the request to the original solicitee and unbeknownst to the solicitor, commits the target offense. In a minority of jurisdictions in the United States, this situation would still be considered solicitation even though the defendant never intended the person that committed the crime to have done so.

Solicitation is also subject to the doctrine of merger, which applies in situations where the person solicited commits the crime. In such a situation, both Alice and Bob could be charged with the crime as accomplices, which would preclude conviction under solicitation; a person cannot be punished for both solicitation and the crime solicited.

No soliciting signs – residential

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A "No Soliciting" sign at the Camp Roberts Safety Roadside Rest Area on the northbound side of en:U.S. Route 101 near Bradley, California

In addition to the inchoate offense of solicitation, "solicitor" can also refer to a door-to-door salesman. This creates another form of illegal solicitation, as in a number of jurisdictions, it is illegal to ignore "no soliciting" signs with the burden typically resting upon the solicitor to look for the sign and upon observation to vacate the premises without attempting to contact the homeowner.[4][5] Some cities require the employer to properly train employees on the appropriate observation of local solicitation ordinances and instruct them to always carry an identifying badge that they must show upon request.[6]

City ordinances vary but may require a soliciting sign to be of a certain dimension to qualify for legal protection. Some signs may cite the city ordinance and describe the consequences to the solicitor. Although certainly not required, such methods may be more effective at deterring unwanted solicitation.

See also

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References

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  1. ^ Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]
  2. ^ UK Statutes website: Street Offences Act. For the latest Home Office proposals on this offence, see "Regulatory Impact Assessment - A coordinated strategy for prostitution" (PDF). Archived from the original (PDF) on 2007-09-28. Retrieved 2007-10-17..
  3. ^ "U.S. Attorney's Manual, Sec. 108.4. Elements of Solicitation". U.S. Department of Justice. 2015-02-20. Retrieved 14 December 2017.
  4. ^ "Phoenix Municipal Code". codepublishing.com. City of Phoenix. Retrieved 16 August 2014.
  5. ^ "Utah County Residential Solicitation Ordinances" (PDF). co.utah.ut.us. Utah County. Archived from the original (PDF) on 23 September 2015. Retrieved 16 August 2014.
  6. ^ "Solicitor Business Permit Requirements". plano.gov. Plano City Police Department. Archived from the original on 15 October 2013. Retrieved 16 August 2014.

Source: Wikipedia. Article content is retrieved live through the MediaWiki API.

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Wikipedia

Solicitation

Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.

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Wikipedia

Improper Solicitation and Graft Act

The Improper Solicitation and Graft Act (Korean: 부정청탁 및 금품등 수수의 금지에 관한 법률; colloquially Kim Young-ran Act) is a 2016 anti-corruption law in South Korea. The bill is associated with Kim Young-ran, former head of the Anticorruption and Civil Rights Commission, who proposed it in August 2012, and is often referred to as the Kim Young-ran Act (or Law, or Bill). The bill has also been translated as Anti-Corruption and Bribery Prohibition Act, though "Improper Solicitation and Graft Act" is the official name. The law was passed in 2015 and started being enforced on September 28, 2016.

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Wikipedia

Non-solicitation

Non-solicitation, in contract law, refers to an agreement, typically between an employer and employee, that prohibits an employee from utilizing the company's clients, customers and contact lists for personal gain upon leaving the company.

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Wikipedia

Inchoate offense

An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The three main kinds are attempt, solicitation, and conspiracy. "Inchoate offense" has been defined as "[c]onduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."

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TOPIC OF THE DAY

Greenwood / Black Wall Street

Before the 1921 destruction of Tulsa’s Greenwood District, Black residents had created a remarkable center of business and community life. The district included stores, professional offices, entertainment venues and homes owned by Black citizens. Understanding Greenwood means learning what was built—not only what was burned.

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TRIVIA QUESTION OF THE DAY

Which Black woman became the first elected to the United States Congress?

Shirley Chisholm, elected in 1968.