Criminal Law
| THE INDIAN GAMING REGULATORY ACT |
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| 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.
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| Statements of Juveniles |
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| After a juvenile has been arrested, they have the right to receive Miranda rights and the right to be represented by counsel. The juvenile also has the right to be free from self-incrimination as provided under the Fifth Amendment to the United States Constitution. More... |
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| Appellate Review of Comments During Closing Arguments and Standards of Review |
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| When a defendant appeals his conviction on the basis that the trial court erred in overruling his objection to the prosecutor's improper comments made during closing arguments, the appellate court will analyze the entire closing argument. The trial court is given wide discretion with respect to closing arguments.
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| International Money Laundering and Undercover Money Laundering Transactions |
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| International money laundering is a federal offense. The elements of this offense include: Monetary instruments that are transported internationally; Defendant acted with the intent to promote the carrying on of the illegal activity, concealed the original transaction, attempted to avoid tax liability, or attempted to avoid reporting requirements; Transfer was done with the intent to conceal the proceeds from an illegal activity; Defendant knew the monetary instrument represented the proceeds derived from illegal activity.
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| CONFESSIONS MUST BE VOLUNTARY |
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| The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary. More... |
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