| CONCURRENT & CONSECUTIVE SENTENCES |
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| A trial court generally has the power to determine whether a defendant's sentences for multiple offenses will be concurrent or whether they will be consecutive or cumulative. However, there are limitations on the trial court's power. Such limitations include whether the offenses arose from the same criminal episode, the type of the offenses, and whether the defendant committed the offenses while he or she was incarcerated.
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| CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS |
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| In some states, legislatures have recently enacted laws that grant the possibility of clemency by the states' governors for domestic violence victims who have been convicted of certain offenses, such as murder and manslaughter. In those states, the governors are entitled to request a clemency investigation by the states' parole boards into cases where defendants have pleaded guilty or have been convicted of those offenses when the offenses were directly related to the defendants' being victimized by domestic violence.
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| SEARCH & SEIZURE and WARRANTLESS ARRESTS |
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| An arrest occurs when a person has been placed under restraint or has been taken into custody by a police officer. A person is placed under restraint when his or her freedom of movement is restricted by physical force or by a show of authority. The use of physical force occurs with the slightest touching or the application of physical force. A show of authority occurs when a police officer's words and actions operate as a command. An arrest does not occur when a person is free to leave or when the person feels that he or she is free to leave. Mere questioning by the police does not constitute an arrest.More... |
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| An overview of the Jencks Act |
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| The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal. More... |
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| MISCELLANEOUS GAMBLING OFFENSES |
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| A person commits the offense of gambling promotion when he or she intentionally or knowingly operates or participates in the earnings of a gambling establishment; engages in bookmaking; becomes a custodian of any item of value that is bet or is offered to be bet; sells chances on the result of a game or contest or on the performance of a participant in the game or contest; sells chances on the result of a political nomination or election or on the success of any nominee or candidate in the election; promotes a lottery; or sells, offers to sell, or knowingly possesses any card, stub, ticket, check, or other lottery device, which sale or possession is for the purpose of a gain.More... |
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