| ABUSE OF PUBLIC OFFICE & MISUSE OF OFFICIAL INFORMATION |
| A public servant commits the offense of abuse of public office when he or she intentionally or knowingly and with the intent to obtain a personal benefit violates a law regarding his or her office or misuses government property, services, personnel, or anything of value, which has come into his or her possession by virtue of his or her office or employment. The word "misuse" means to deal with property contrary to any agreement, any contract, or any law. More... |
| JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
| When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American. More... |
| Interstate Agreement on Detainers |
| The Interstate Agreement on Detainers (the Agreement) is an agreement that applies to the transfers of sentenced prisoners between two states or between the federal government and a state. The purpose of the transfer is for the trial of the prisoner in another jurisdiction on an unrelated matter for which he is incarcerated. The Agreement is not applicable for the transfer of a federal prisoner between several jurisdictions for trial on federal charges. 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... |
| The Exclusionary Rule |
| When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards. More... |
Richard S. Kling
Criminal Law Newsletter
