Criminal Law
| JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS |
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| A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court. More... |
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| Aiding and Abetting Illegal Aliens and Employment of Illegal Aliens |
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| An illegal alien is a person born in a foreign country who has come into the United States by way of improper channels. Illegal aliens may enter the United States by crossing the Mexican or Canadian border. They are also smuggled in by means of transportation by roadway or waterway.
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| Self-Representation |
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| A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense. More... |
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| BILLS OF EXCEPTION |
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| A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued.
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| Search and Seizure - An Overview |
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| The Fourth Amendment to the United States Constitution has been the subject of thousands of legal opinions. The Fourth Amendment guarantees that all people in the United States shall be free from unreasonable government searches. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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