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Criminal Law Newsletter
 
 
THE INDIAN GAMING REGULATORY ACT
 
After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988. More...
 
Federal Government's Disclosure Obligations
 
The federal government has a duty to disclose certain documents and evidence to the defendant. The federal government has a duty to provide the defendant with a copy of his prior criminal record. However, the only information that must be provided to the defendant with respect to his prior criminal record is that which shows which offense the defendant was convicted of. The federal government is not required to provide any other information with respect to the conviction.More...
 
NUNC PRO TUNC PROCEEDINGS
 
If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed. More...
 
INCEST
 
A person commits the offense of incest when he or she engages in sexual intercourse with a family member or a relative. A family member or a relative is usually defined as any ancestor or descendant by blood or adoption, any stepchild or stepparent while the marriage that created the step relationship exists, any parent's brother or sister by whole or half blood, any brother or sister of whole or half blood or by adoption, or the children of any brother or sister of whole or half blood or by adoption. The person must know that the other person is a relative. However, the relative does not need to be legitimate. More...
 
CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS
 
In some states, legislatures have recently enacted laws that grant the possibility of clemency by the states' governors for domestic violence victims who have been convicted of certain offenses, such as murder and manslaughter. In those states, the governors are entitled to request a clemency investigation by the states' parole boards into cases where defendants have pleaded guilty or have been convicted of those offenses when the offenses were directly related to the defendants' being victimized by domestic violence. More...
 
 
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