Criminal Law
| ABUSE OF PUBLIC OFFICE & MISUSE OF OFFICIAL INFORMATION |
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| 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... |
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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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| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
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| There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More... |
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| Motions to Suppress Evidence |
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| A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More... |
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| CRIMINAL INSTRUMENTS & TOOLS |
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| A person commits an offense if he or she possesses criminal instruments or tools with the intent to use the criminal instruments or tools in the commission of a crime. A person also commits the offense of criminal instruments and tools if he or she manufactures, sells, or adapts criminal instruments or tools, with the intent to use, to aid in the use, or to permit another person to use the criminal instruments or tools in the commission of a crime. More... |
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