Criminal Law
| An overview of the PATRIOT Act |
|
| The PATRIOT Act officially the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act was quickly developed and passed after the terroristic attack on September 11, 2001. The PATRIOT Act gives state, federal, and international intelligence agencies the power to conduct surveillance without first going into court and obtaining a warrant. More... |
|
|
| Joinder of Defendants |
|
| A defendant or the prosecution may file a motion for a joinder of defendants. It is within the trial court's discretion to grant or deny the motion for joinder. The party seeking the joinder must show that the defendants participated in the same act or transaction or in the same series of transactions. Joinder of defendants requires more than simply showing that the defendants committed similar offenses. The standard for joining defendants is satisfied if the defendants shared a common purpose or scheme and if there was an overlap in their acts. More... |
|
|
| SCHOOL SEARCHES |
|
| The basic requirement for a search of a student is the reasonableness of the search. If the school officials have a reasonable belief that the search will produce evidence that the student has violated any rules of the school, the officials may search the student. More... |
|
|
| INTOXICATION AS A DEFENSE |
|
| Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense. More... |
|
|
| Customs Fraud and Evasion Practices |
|
| Double invoicing is a procedure in which the importer and foreign exporter agree to divide the per-unit cost between two invoices. Only one invoice is presented at entry. The second invoice for the balance is forwarded to the importer, either before or after entry, and is paid separately. The customs officials are able to detect the improper value of goods listed on an invoice if they are well seasoned in their work. The double invoicing scheme will work if all of the documents are altered properly. More... |
|
|