Richard A. Hostetler
Criminal Law Newsletter
Obstruction of Justice
 
In addition, among those people who have made plans for the future, some have made plans that are legally defective. There are so-called wills that are defective because they have not been prepared according to the required formalities. There are also wills prepared according to the required formalities that are so well hidden that they cannot be found. When people try to make a will without the assistance of a lawyer, they seem bound to make a mistake. One of the strongest arguments for having a lawyer prepare your will is this: otherwise you won't know if you have made a mistake until you die. More...
 
VOIR DIRE EXAMINATION OF JURORS
 
A defendant in a criminal prosecution has the right to an impartial jury under the Sixth Amendment to the United States Constitution. In order to determine whether potential jurors are impartial, the defendant has a right to question the jurors about their qualifications and background. Such questioning of the jurors is called voir dire. Voir dire is also conducted in order to determine whether the jurors should be accepted or should be challenged by the prosecution or by the defense. More...
 
The Travel Act
 
The Travel Act was passed in the 1960's in response to organized crime. The Act was intended to assist state and local authorities with limited resources in their efforts to combat organized crime. The Act provides that any individual who travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce with the intent to distribute the proceeds of any unlawful activity, commit a violent crime to further criminal activity, promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, may be guilty of violating the Travel Act. More...
 
TERMS & CONDITIONS OF PROBATION
 
A trial judge generally has discretion whether to grant probation to a defendant. The trial judge also has discretion to determine the terms and conditions of the defendant's probation. Only the trial judge that presided over the defendant's trial has the authority to determine the terms and conditions of the defendant's probation, unless the trial judge transfers jurisdiction of the defendant's case to another court. Although a jury may recommend probation for a defendant, the jury does not have the authority to determine the terms and conditions of the defendant's probation. More...
 
CHALLENGING JURISDICTION
 
Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. They are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person. More...
 
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