Newsletters

Stipulations of Expected Testimony, Trial Procedure, and Rules of Evidence in a Criminal Trial

The parties in a criminal trial may stipulate or agree to the expected testimony of a witness that will not be able to attend or testify at trial. The parties may also stipulate to the contents of a document that will not be produced at trial. When the parties stipulate to expected witness testimony or to the contents of a document they are not stipulating to the admissibility or factual accuracy of the testimony or document.

FEDERAL STRIKE FORCES

United States Attorneys' offices have federal strike forces. Such strike forces are called Organized Crime Strike Force Units (OCSFUS). The OCSFUS are responsible for supervising and prosecuting cases against criminal enterprises that operate in or that affect the United States. The Attorney General's Organized Crime Council identifies those criminal enterprises. The terms "organized crime" refer to criminal groups that engage in repeated illegal activities over an extended period of time within the United States.

BURGLARY OF A MOTOR VEHICLE

A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft.

NECESSITY AS A DEFENSE

A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good."

Search and Seizure - An Overview

The Fourth Amendment to the United States Constitution has been the subject of thousands of legal opinions. The Fourth Amendment guarantees that all people in the United States shall be free from unreasonable government searches. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.