Criminal Law
| INJURY TO A CHILD, AN ELDERLY PERSON, OR A DISABLED INDIVIDUAL |
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| A person commits the offense of injury to a child, an elderly person, or a disabled individual when the person intentionally, knowingly, or recklessly causes serious bodily injury or impairment to the child, the elderly person, or the disabled individual. More... |
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| FEDERAL HABEAS CORPUS RELIEF |
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| A state prisoner who has been incarcerated for a criminal offense by a state court may challenge his or her conviction by filing a petition for habeas corpus relief in a federal court. The federal court has jurisdiction over the prisoner's custody in a state correctional institution if the incarceration constitutes a violation of the United States Constitution or the laws of the United States. The prisoner's federal habeas corpus petition seeks to secure the release of the prisoner from an unlawful custody. However, in order to be able to file the federal habeas corpus petition, the prisoner must be in custody, the custody must be unlawful, and the prisoner must have exhausted his or her state remedies.
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| Depositions |
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| Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition. More... |
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| Overview of the Racketeer Influenced and Corrupt Organizations Act of 1970 RICO |
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| RICO was enacted in response to the threat to the American economy from the unfettered growth of organized crime. RICO was intended to assist in remedying the inhabitation of the development of admissible evidence necessary to bring criminal charges against individuals involved in organized crime. The United States Congress enacted RICO in the hope that it would in part permit prosecutors to revitalize corrupted interstate enterprises into legal businesses. More... |
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| Types of Pleas and Withdrawal of a Guilty Plea |
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| When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the accused does not accept responsibility for the charged offense. After the accused has entered a not guilty plea, the matter is set for trial. Pre-trial procedures and trial preparations then begin.
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