Criminal Law Newsletter

Production Immunity

Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds. More...


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...


Search and Seizure - An Overview

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. More...


Insurance Fraud and Federal Prosecutions

Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes. More...


Competency and Sequestration of Witnesses

Testimony of witnesses is a common way to present evidence during a criminal trial. However, before the testimony of a witness can be accepted during a defendant's trial it must be established that the witness is competent or have the capacity to testify. More...

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