Criminal Law Newsletters

Capital Punishment or the Death Penalty

In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain federal offenses.

Discovery and Brady Materials

In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required.

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.

MURDER

A person commits the offense of murder when he or she intentionally or knowingly causes the death of an individual or when he or she intends to cause serious bodily injury to an individual and commits an act that causes the death of the individual.

Search & Seizure - Abandoned Property

The right under the Fourth Amendment of the United States Constitution to be secure against unreasonable searches and seizures is based upon an expectation of privacy in a person's property. If the person abandons his or her property, he or she no longer has an expectation of privacy in the property.