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Thursday, June 30, 2011

What is Considered White Collar Crime?


A businessman or woman who committed a crime on the business is guilty of a White Collar Crime. This type of crime would include:

o Embezzlement

o Fraud

o Stealing of funds in the company

One philosophy in the US Judiciary System where the punishment of these crimes revolves is the philosophy of Edwin Sutherland who stated that people are most likely going to commit a crime when they are surrounded by people who exhibit criminal behaviors. It is less likely that a white collar criminal will commit another crime and the punishment for such crime is to a lesser extent compared to crimes committed with violence.

White Collar Crimes are being defined as the crime committed by a person at a specific socio-economic status. The greatest factor in committing the crime is the origin of the person involved, which are most likely the people from the middle or upper class. This is very much the opposite of a crime committed with violence.

More often than not, it is believed that these crimes are less punishable than most crimes involving violence . However, embezzlement and stealing of the company funds may result to an eventual harmful effect to many people involved. If for example the fund that was stolen can never be recovered, it will lead to the suffering of the people who depend solely on the funds for their living and the white collar criminal technically stole the money of these people. In this case, the white collar criminal has inflicted more harm than the crime committed by a mugger. But, in reality, the mugger will receive more rigid punishment than the white collar criminal.

The fact that the white collar crime is committed by persons who belong to the higher socio-economic class is already an advantage. People who are of higher social value can afford to have the best lawyer they wanted to argue their defense. However, those who are at the lower socio-economic standing most likely will not be able to be represented by the best defense lawyers and are therefore dependent on the overworked defense attorneys of the state. Having a private lawyer fare better chances at winning the case as compared to people who just rely on state attorneys and this has already been shown on statistics.

Furthermore, a this type of criminal also enjoys the benefit of a minimum security prison where they can stay. This prison offers more freedom and more often than not safer than the maximum-security prisons. Therefore, one can deduce that a white collar crime does not carry the same gravity as with most other crimes even though the crime has resulted to a more devastating effect to the lives of people involved.




If you are faced with this type of crime, it is important that you contact your attorney to guide you in the process as deemed necessary under the Arizona Criminal Law and Phoenix Criminal Law.


Vehicle Crime


SAFE-GUARD YOURSELF AGAINST IT

Vehicle crime is a highly planned and unlawful activity distressing the entire world. In a few cases a link has been established between Vehicle crime and terrorism. The vehicles are stolen to possess them and also used as a funding source for numerous other graver crimes.

Vehicle crime is a very widespread malice in the society, and accounts for almost 13% of all crimes registered in England & Wales. The year 2007- 08, witnessed around 1.5 million cases of vehicle crime and thefts related to vehicle security, and were around 11% lesser than 2006-07. The peak of the vehicle crimes were in 1995 in England, but the matters have improved quite a lot since then with the present situation showing almost 66% reduction in the incidents.

The statistics in USA also follow a comparable pattern with the maximum number of vehicle crimes being conducted between 1998 and 2005. Though the latest incidence of these vehicle crimes are yet around 3,633 per 100,000 of population, the only heartening feature is that the rates of incidence have fallen considerably and are on a constant decline

How are the vehicles stolen?

- The prevalence of the high tech burglar alarms, engine cut-off devices and steering locking systems to boost vehicle security have given birth to a more dangerous vehicle crime called as carjacking.

- Carjacking is a term used to describe the event in which criminals use violent force to steal the cars, and may end up injuring or even killing the owners in the process.

- Carjacking can usually take place in a busy area, like a commercial locale, and the carjacker can target the victim while he / she is either getting in to or out of the car.

- This is because the carjacker prefers to have the keys accessible and also to find the doors open, enabling him to escape with the stolen car in a split second.

- Majority of these vehicle crimes or carjacking attempts have been reported to take place within 5 miles of the car owner's residence.

- The amazing fact is that the daytime vehicle crimes or attempts at vehicle theft were twice more likely to be successful as compared to the night time attempts.

Techniques used in vehicle crime:

- The criminals may use a variety of different techniques to attain success in a vehicle crime, and they have no concern whatsoever, for your life or your safety.

- The usual technique used is to slam in to your car from behind and as soon as you get out of your car to inspect the damage and exchange words with the person in the car behind you, an accomplice gets in to your vehicle and rives away with it

.

- The next popular technique used by these criminals is to rob your vehicle at gun point while you are at a roadway intersection.

Preferred locations for the Vehicle crime:

-- parking lots

-- shopping centers

-- gas stations

-- car washes

-- convenience stores

-- ATMs

-- hotels

-- valet parking

-- fast-food drive-thru and

-- outside of retail stores

-- Roadway junctions with a stoplight.

Safe-guarding measures for Citizens and Vehicle security

As citizens or the general public, we all need to safe-guard ourselves against such incidents and in order to do that we ought to recognize the various measures to boost our vehicle security.

- Try to park your vehicle in properly illuminated areas, especially if you expect to travel after dark.

- Under no circumstances, should you leave your vehicle parked in isolated spots, or places with a wall or perhaps thick foliage adjacent to them.

- Try to make use of valet parking or garages with people attending to your vehicle, especially if you are a woman driver.

- Always be alert and check for people with suspicious looks, loitering around, while getting back to your car.

- Request a security escort to accompany you to the parking lot, when you are alone at a shopping mall.

- Try and develop a habit of getting in and out of your vehicle with the minimum possible delay, and teach your kids also to do the same.

- Never turn your back and let your defenses down, while loading stuff in to your vehicle

- It is better to practice driving your vehicle with the windows all rolled up and all doors kept locked.

- Your gut instinct will never lie and if it warns you of impending danger in a particular situation, never ignore it.

- Your life and wellbeing is more important than the vehicle security. In case you ever get threatened to give up your vehicle keys or your wallet, do so immediately without any hint of resistance.

- If the criminal has managed to force you to drive the car after carjacking, try and ram your car in to a busy junction somewhere along the way, so that you can attempt to grab public/ police attention

- Finally prevention of vehicle crime can be done by making use of vehicle security devices like the Immobilization devices, Identification markers and VIN etching etc.

Simple but timely efforts as listed above can go a long way in improving your vehicle security and safe guard you against any possible vehicle crime.




Article Written by Liam Edmenson

Visit my website on crime. [http://www.crime-analysis.com]


Report Cards on College Campus Crime


In 1986, Howard and Connie Cleary's daughter, Jeanne, a student at Lehigh University, was murdered on campus. In addition to founding the non-profit Security on Campus, Inc. in 1987, they lobbied for a new federal law that would require colleges and universities to disclose both ongoing and annual reports on campus crime and security policy.

Originally enacted by the Congress in 1990 as the Crime Awareness and Campus Security Act of 1990, the law was codified as part of the Higher Education Act of 1965 and made applicable to all postsecondary institutions participating in federal student aid programs. It was renamed the Clery Act - specifically, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act - after a round of amendments were made to the Act in 1998.

Annual report cards

The Clery Act mandates that schools publish annual reports by October 1st detailing the previous three years of campus crime statistics. Also required are explanations of existing sexual assault policies, statements attesting to a basic level of victims' rights, a description of the campus law enforcement authority and contact information for students to report crimes.

When compiled and published each year, each school is to distribute the report immediately to all current students and staff, and notify applicants and prospective employees that it is available. Institutions may employ any of various means of notification, including e-mail and website postings, as long as each intended recipient is given the precise URL (Uniform Resource Locator, or web address) for the report. School officials must also make printed, paper copies available.

The report is also submitted to the U.S. Department of Education, which will then aggregate the findings of over 6,000 schools. The Clery Act crime statistics are the gold standard for American college campus crime data, even eclipsing the value of the FBI's Uniform Crime Reporting program, which collects data from a mere 400-some schools. A third trusted source of this data comes from The Chronicle of Higher Education, but the Clery Act reports are by far the best information available on crime at postsecondary institutions.

Crime statistic and categories

The definition of "campus" is important to understanding the data. Schools keep (and report on) statistics for crimes that occur directly on campus, on some off-campus facilities like fraternities and sororities ("Greek housing"), remote classrooms, in school vehicles (buses, trams) and in certain public areas that border school property. The county sheriff, local police forces, campus police and security personnel all contribute statistics and statements to the Clery Act report, as do other school staff, employees or officials that have "significant responsibility for student and campus activities." Schools are encouraged, but not required, to have confidential reporting procedures. However, once they opt to establish such a system, they are then required to inform the campus community of its existence. As mental health professionals and ministers are exempt from the reporting obligations, a confidential reporting system could capture enough additional crime data to affect a school's objective safety rating.

There are seven reporting categories for campus crime, several of which have additional sub-categories. The categories are outlined in the following manner:


Homicide
Murder and non-negligent manslaughter
Negligent manslaughter
Sex offenses
Forcible offenses including rape
Non-forcible offenses
Robbery
Aggravated assault
Burglary
Vehicular theft
Arson

There is also a lesser category ("incident") that must be reported if there is a disciplinary referral to the campus judicial affairs office, or an arrest by a law enforcement agency. The incidents that require reporting include all types of liquor law violations, all drug law violations and weapons possession. Only the arrest is counted if a student is both arrested and given a school referral.

The Clery Act further requires that the data be mapped out, denoting the geographical areas as being on campus, campus student residences, non-campus buildings or "public property" such as parks, streets and sidewalks. In addition, the report must disclose if any reported crime was a "hate crime" under either state or federal law, or both.

Timeliness and responsibility

Unless a student is a victim, perpetrator or witness, the way most students even become remotely aware of the Clery Act is by the occasional "timely warnings" that schools publicize, as well as the separate, comprehensive crime log they make available for public inspection. The decision to issue a "timely warning" is a subjective one on the part of the school administration, and is normally considered only when a person or act is deemed to pose an imminent and/or ongoing "threat to students and employees." The public log must be available for viewing by any interested party, not just persons affiliated with the particular school. The log must contain records of everything that is reported to campus police or security personnel, and is to be continuously updated in a manner specified by the Act.

Using the data

The crime information is not collected merely for the sake of amassing statistics. There is a very real responsibility on the part of postsecondary institutions to provide a safe and healthy environment for scholastic pursuits. Crime on campus, of all levels and kinds, is antithetical to the very notion of the university, a place of contemplation, problem-solving, creative beauty of every kind and the dynamism we associate with education, discovery and free inquiry.

Schools are dynamic, certainly. Constantly in a state of flux, altered by ongoing arrivals and departures and integrated to varying degrees with the surrounding communities, college campuses can be statistically safe yet still be the site of violent attacks, property crimes and even personal harassment. A victim is rarely comforted by finding out how low the rate is for the crime committed against her. She is, of course, 100% victimized.




And so the Clery Act reports are dutifully, if not routinely, filed at the end of September every year. Some people have made it their lives' work to ensure that this data gets into the hands of concerned parents and families. The non-profit run by the Clery family - SecurityOnCampus.org - makes abstracts, reports and analyses available on a continuous basis, and The Chronicle of Higher Education and the FBI both publish additional campus crime data. A little reading and research are all that stands between you and a clear picture of campus crime in America. If you are thinking of enrolling in college, or know someone who is, now is a good time to start.

The author if this article was sponsored by Automated Video Systems dba EZWatch Pro, a leading provider of video surveillance systems designed for school and campus security. When considering a security solution please consider EZWatch Pro Surveillance Camera Systems.


On Juvenile Crime, Causes, and Prevention


Juvenile crime is a blanket term that refers to any of a number of criminal acts which are perpetrated by minors. While adult crime is typically well understood from a criminal psychology perspective, the range and causes of juvenile crime are a bit more vague in terms of our understanding.

In any case, juvenile crime poses a unique threat and responsibility to society to address and prevent before it can cause devastating consequences.

Some of the most common forms of juvenile crime are vandalism, harassment, drug use and sales, as well as gang related violence and battery.

While researchers do not agree upon the causes of juvenile crime, there are a number of risk factors which are associated with statistically higher incidence and dangers for a given community of youths to engage in juvenile crime.

Some of the major risk factors which have been found to increase the danger of juvenile crime are poverty, and the presence of drugs and drug related violence in a particular community.

Domestic violence within the home is also a significant player in many lives of juvenile delinquents. Exposure to violent streets which already suffer from gang violence have also been found to play a significant role in increasing the incidence of juvenile delinquency in a particular area.

Compounded with easy access to fire arms, exposure to violence in the media, as well as an unstable family environment, the risks for juvenile crime become exceedingly significant.

While many people expect the state to address the issues of juvenile crime, the expected effectiveness of a state sponsored program is not high concerning the prevention of crime, but rather it is focused on the rehabilitation of delinquents after criminal acts have already been executed.

Since juvenile crime begins in the home, it will only be prevented at the societal level. Close knit societies can influence and address the problems facing the youth in a particular area and give them the support they need to reject negative peer pressure.

Part of preventing juvenile crime is by giving youths a suitable substitute to the gang mentality.

That being said, some of the more common state run projects to preclude juvenile crime are state sponsored youth initiatives as well as drug abuse education.

Along with these activities, the state also diverts a substantial amount of tax monies into supplying and maintaining correctional facilities whose focus is the rehabilitation of minors involved in juvenile crime.

No matter what the primary cause of juvenile crime is, the fact remains that it is a significant issue that we need to address as a society.

Only by the fair address of juvenile crime at the community level can we take the steps required to win over the disenfranchised youth.




Elia Levi is a retired engineer.
He built a website to assist with a step-by-step Home Surveillance Guide to understand, design, select and set up, all by yourself the best and least expensive Surveillance System for your Home Security.
Read more on the subject of this article at Juvenile Crime


Wednesday, June 29, 2011

Defending Child Sex Crimes


During my six years as a prosecutor in Pinellas County, I investigated, prosecuted, and tried numerous cases involving child sex crimes and related offenses. During that time, I received specialized training and practical experience in interviewing child witnesses and witnesses of child sex crimes; and in gathering evidence for the purpose of building a case to present to a jury. I learned from the ground up how law enforcement and the prosecution build their cases against criminal defendants. As a criminal defense attorney, I am able to use that knowledge and experience to help defend people charged with sex crimes.

Sex Crimes Are Difficult to Prosecute

Victim Testimony

The prosecution of child sex crimes is often a difficult task for various reasons. First, once a case is initially brought to the attention of law enforcement, just getting the testimony from the alleged victim can be a difficult task. Often times, the alleged victim is either unwilling to come forward with information perhaps because the alleged suspect is a family member or if in the case of a very young minor, they may be unable to testify because if their age. From the prosecutor's perspective, child witnesses must be questioned in a way that cannot later leave them open to suggestions and arguments from the defense that words were put into their mouth. Another concern that the prosecutor may have is the fact that frequently, the alleged victim's version of what happened is not consistent over time as told to different people. Once there are inconsistent statements, this makes the task of the prosecutor that much more difficult. A good defense attorney will be able to point out and/or highlight these inconsistencies to the prosecutor and/or ultimately to a jury. Another difficulty in building a child sex case is the fact that many times the alleged victim may have a motive to lie or some bias against the alleged suspect. For example, I have dealt with cases which involve alleged victims in the middle of a contested divorce or perhaps the alleged victim is not happy with the fact that the alleged suspect is dating their parent. Motives to lie or not give truthful testimony can often pose huge road blocks for the prosecutor and end up being used by the defense to ague that there is reasonable doubt.

Corroboration of Victim Testimony through Physical Evidence

Unlike what you see on television regarding DNA, child sex crimes cases frequently lack physical evidence. The reasons for a lack of physical evidence may vary. The alleged crime may have occurred years ago. The alleged act itself may not lend itself to yielding physical evidence such as if the alleged suspect was fondling the breasts of the alleged victim. As a result, more often then not, these types of crimes are a "he said, she said." Once the case is brought to the attention of law enforcement, and it is apparent that there is no physical evidence, in order to build a case, the prosecutor and law enforcement may attempt to obtain additional evidence to corroborate the crime. This type of evidence may be obtained through investigative tools such as a search warrant. Perhaps the alleged victim and the alleged suspect were strangers to each other and the alleged victim can describe the bed spread in the alleged suspect's bedroom. Perhaps the alleged suspect has some sort of unique markings, scars, or tattoos on their body. Another very useful tool used by law enforcement is the controlled phone call. The investigation may have started with law enforcement and the alleged suspect may have no idea that he is being investigated. The alleged victim or a family member may call the alleged suspect in an attempt to elicit some type of admission to the crime while law enforcement is taping it. This type of evidence is particularly useful especially in the case of a crime that is alleged to have occurred many years ago. If the alleged suspect admits he did something wrong to the alleged victim, this is powerful evidence. In this day modern day of communication technology, law enforcement may attempt to gather corroborative evidence in the form of text messages, emails, or Facebook posts. Finally, it is not unusual for law enforcement to simply contact the alleged suspect himself and interview him to obtain admissions or a confession (Please see my blog post November 19, 2009, You Have the Right to Remain Silent... USE IT!) Interviews of a criminal suspect are areas where a criminal defense attorney can attack the prosecution's case in the form of a motion to suppress because the criminal suspect's rights were violated by law enforcement; or there was some other type of procedural defect in the interview process. These types of investigative tools used by law enforcement are the exact reason why it is imperative for someone that believes they are or may be investigated for a sex crime to seek legal counsel as early as possible. One wrong move on the part of an alleged suspect can give law enforcement all the evidence they need to gain a conviction.

You Find Out You Are a Suspect in a Child Sex Crime: What Do You Do?

You should seek out you legal counsel as soon as you are aware that you are being investigated. I cannot stress how important it is to seek legal counsel as early as possible in any criminal case. However, the stakes can be extremely high if you are going to be charged in a child sex crime. I understand that legal fees can be expensive. I have also heard people say that they would just wait and see what would happen first before they hire a lawyer. But usually that strategy ultimately makes your attorney's job much more difficult. By the time an attorney is retained; a great deal of damage may have already been done to potential defenses you may have to the crime charged.

Sentencing and Sex Crimes

The majority of sex crimes charges encompass a variety of possible sentences depending on the ages of the alleged offender and victim and the alleged conduct involved. Under the Florida Sentencing Guidelines, charges involving sex crimes usually involve the imposition of prison sentences ranging from a term of years in prison up to life. In addition to the possibility of incarceration, Florida Law mandates that certain sex crimes sentences carry very stringent statutory conditions, restrictions and designations such as a sex offender or a sex predator. Of course every criminal case is unique unto itself. However, it may be possible to defend and/or resolve your case without a prison sentence or without the imposition of the harsh sex crimes designations. Your attorney will evaluate your case and may look to some of the issues discussed above regarding problems that the State's case may have. Other issues that your attorney may be able to address are whether there is a basis to depart below the Florida Sentencing Guidelines in order to avoid a prison sentence. Based on a weakness in the State's case are they willing to negotiate a plea? Do the victim's parents not want their child to go through the litigation process? Does the alleged offender qualify under the Romeo & Juliet Law in Florida (Please see my blog post January 28, 2010, Florida's Romeo & Juliet Law).

Conclusion

My time as a prosecutor prepared me to defend clients charged with sex crimes. My experience taught me that these cases are frequently very difficult to prosecute. Retaining counsel as early as possible is imperative if you are a suspect in a criminal sex crimes case. Difficulties and deficiencies experienced by the prosecutor and law enforcement can be used to the benefit of the criminal defendant in both the determination of guilt and sentencing phases of the criminal prosecution.




Joseph Montrone, Jr.

I served the people of Pinellas County, Florida, for six years as a prosecutor and then represented people injured as a result of the negligence of others at Beltz & Ruth P.A. in St. Petersburg, Florida. In 2006, I opened my own practice to provide my client's with hands on personable representation. I strive to apply the more than 14 years of training and experience that I have obtained through my years of practice in Pinellas County and the Tampa Bay Area. Please contact me at 727-538-4155 or through my website at http://www.montronelaw.com/.

Please read my blog at http://montronelaw.wordpress.com/.


Crime Scene Technician and How to Get a Crime Scene Technician Job


Many individuals are interested in the position of crime scene technician and how to get a crime scene technician job. This particular law enforcement position is extremely valuable when it comes to evaluating scenes, in which a crime occurred. It involves gathering evidence from that area, collecting and evaluating evidence, and concluding what occurred at a specific time, and any potential motive associated with the scene. This type of position is often referred to as "Forensic Science".

The individuals that perform this job as professionals work in collaboration with many different law enforcement departments, as well as legal professionals, and individuals in the criminal justice system. Here, you will learn about the crime scene technician, and how to get a job in this position.

Education and Training:

There are many different ways in which an individual who is interested in becoming a crime scene technician can acquire the education and training that is necessary to perform their professional duties. Typically, one way in the educational process is attending a criminal justice academy. This type of institution is much the same as that in which law enforcement officers attend. This assists in providing an individual with the basic knowledge of law and the criminal justice system.

Another way is attending a criminal justice school. This can be done online or at a traditional school, like a four year university. Courses that should be taken include the following:

1. Criminal Law

2. Crime Scene Evidence

3. Criminal Investigations

4. Crime Scene Photography

5. Collecting Evidence

6. Evidence Analysis and Interpretation

In addition to the above, the individual who wishes to work in crime scene investigations may also need to provide proof of proficiency in the following law enforcement areas:

a. Shooting

b. Defensive Tactics

c. First Aid

d. Fingerprinting (application, techniques, and interpretation)

e. Bloodstain Analysis

f. Forensic Photography

g. Footwear Proficiency

Employment Outlook:

The employment outlook for individuals who are seeking how to get a crime scene technician job is very positive. Unfortunately, there will always be crime and many do rely heavily on computer technology to interpret results from various pieces of evidence in crime scenes. But, computer technology is not adept enough to offer the same expertise and experience as crime scene technicians have to offer.

There are a large number of crimes that are investigated by technicians who are specialized in crime scenes. Assaults, burglaries, theft, kidnappings, rapes, murders, suicides, vehicular crimes, and more are often researched by individuals in this field of law enforcement.

In addition to the large number of crimes that are researched by those in this field, there are many types of agencies that may call upon these professionals. These include those that work for labs that research crimes, state and national agencies, fire departments, hospitals, medical examiners, and even detective evidence departments.

If you are interested in how to get a crime scene technician job, the information provided here is likely to prove to be extremely beneficial. You may also want to do more research on the internet. You can do this by visiting websites that cover the crime scene technician career in more detail.

Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are live links.




Copywrite Kenneth Echie. Kenneth is a writer for Criminal Justice Schools and Degrees. Get free scholarship report and learn to become a Crime Scene Technician by visiting.


Some Crime Statistics


Fighting crime is a priority of every country and every society, and the United States is definitely not an exception. Moreover, societies have to devote resources to fighting crime. Some countries have small budgets, while others have very large budgets. The United States has a very large budget to fighting crime. Moreover, there are a number of non-law enforcement entities that help fight crime. For example, public watchdog groups, advocacy organizations, and the courts also help hinder crime. In 2007, the United States was an impressive reduction in crime. Although addressing why that reduction occurred is important, simply looking at the statistics will reveal that the decrease in crime rates was notable.

Compared to the first half of 2006, the first half of 2007 in the United States saw rather large decreases in crime. Nationwide, violence fell 1.8% and property crime fell 2.6%. Moreover, in every one of the four regions in the U.S. violence crime in every category fell. Nationally,


murder dropped 1.1% rape dropped 6.1% robbery 1.2% assault 1.7%

Additionally, cities that had over 1 million residents saw significant drops in violent crime rates:


murder rates fell 6.5% rape fell 14.2% robbery 4.3% assault 3.3%

Furthermore, across the nation property crime fell in every category:


burglary rates dropped by 1.3% larceny-theft fell 2.1% motor vehicle theft fell by 7.4%

And amazingly, arson, not considered a violent crime or a property crime, dropped by 9.7%.

Clearly, the United States has met with notable success in reducing crime. But unsurprisingly, some crime has not decreased but has in fact jumped.


In non-metropolitan cities and cities that have between 10,000 and 24,000 residents, violent crime jumped 1.1%. Essentially, rural areas saw slight increase in crime. In metropolitan counties, cities with 50,000 to 99,999 residents, and non-metropolitan counties, murder rates jumped. Burglary rates jumped 3.5% in in metropolitan cities. The South saw a 0.4% increase in property crimes.

So, what do these statistics mean? What is the U.S. doing right, and what can be improved? What works and what does not? Those questions are difficult to answer and need to be answered (or attempted to be answered) by professional researchers. Reductions or increases can be linked to a variety of factors. Rarely can they be linked to only one factor.

Crime statistics show that the United States crime, while definitely being address in the United States, still can have more resources and attention to devoted to it. Crimes will occur, and people will be charged.




For more information on crimes, contact the Milwaukee criminal defense attorneys of Kohler & Hart by going to website.

Joseph Devine