Criminal Law
| Discovery and Brady Materials |
|
| In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required. More... |
|
|
| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
|
| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
|
|
| SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS |
|
| When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused. More... |
|
|
| FEDERAL LAWS REGARDING THE MANUFACTURE AND SALE OF EXPLOSIVES |
|
| Federal laws provide criminal sanctions for offenses involving the manufacture and sale of explosives. Such laws include the Antiterrorism and Effective Death Penalty Act of 1996, which Act was enacted in response to the Oklahoma City bombing in 1995. Federal laws also provide regulatory controls over interstate and foreign commerce in explosives. The regulatory controls are designed to assist states in regulating the manufacture, sale, transfer, and storage of explosives within their borders. More... |
|
|
| MODIFICATION, REDUCTION, & TERMINATION OF PROBATION |
|
| A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation. More... |
|
|