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Criminal Law Newsletter

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. More...
 
RECORDS ON APPEAL
 
In order for an appellant to prosecute an appeal, a record of a trial court's proceedings must be filed with an appellate court. The reason for the trial court's record is that the appellate court does not conduct an evidentiary hearing during an appeal. It does not take testimony or admit evidence. Its role is to examine the trial court's proceedings in accordance with the record in order to determine whether the trial court committed any errors.More...
 
FEDERAL SENTENCING GUIDELINES
 
The Federal Sentencing Reform Act of 1984 made many changes regarding sentencing in federal district courts. The Act established the Federal Sentencing Guidelines, which guidelines govern all federal offenses other than petty offenses that were committed after November 1, 1987. The guidelines also abolished parole in the federal prison system, reduced the amount of credit that a federal prisoner could receive for good behavior, and imposed mandatory minimum sentences for certain drug offenses.More...
 
JUSTIFICATION AS A DEFENSE
 
A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances. More...
 
Wiretaps and Electronic Surveillance Devices
 
Under the United States Code wiretaps are permitted after a proper application has been made for their usage. A wiretap is defined as a form of electronic surveillance whereupon law enforcement officers listen to phone conversations or other communications of certain individuals. States have enacted their own statutes that cover the procedures and issuance of permits to conduct a wiretap.More...
 
 

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