| Confessions - Fifth Amendment Right to Counsel |
| The United States Supreme Court held in 1966 in the case of Miranda v. Arizona that a person has a right to an attorney during questioning by the police. The basis for this right is the privilege against self-incrimination under the Fifth Amendment of the United States Constitution. More... |
| Overview of the Racketeer Influenced and Corrupt Organizations Act of 1970 RICO |
| 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... |
| DEFENSE OF PROPERTY |
| A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property. More... |
| Tax Fraud and Corporate Criminal Liability |
| A corporation may be potentially criminally liable for tax fraud committed by a director, officer, or employee. Basically, the general concept for corporate criminal liability is that a corporation may be found liable for committing criminal offenses when an employee, officer, or director of the corporation commits the criminal offense. Some jurisdictions still apply the common law theory that a corporation cannot be liable for a crime because it is unable to commit a crime in its corporate capacity. More... |
| GRAND JURY PROCEDURE |
| When a grand jury is impaneled to investigate criminal activity, one member of the grand jury is selected as a foreman. The foreman is responsible for presiding over the grand jury. A quorum is necessary for the grand jury to proceed. Nine grand jurors is the minimum for a quorum when there are 12 grand jurors. If the grand jury acts without a quorum, the proceedings are void. Any indictment that is issued by the grand jury without a quorum is subject to being dismissed or quashed.More... |
 |
|
|
