Criminal Law
| The Introduction of Polygraphs or other Lie Detector Tests at Trial and Other Uses of the Polygraph |
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| Generally, courts in most jurisdictions do not admit the results of polygraph or other lie detector examinations. Most courts find such results quite unreliable and untrustworthy. There are a number of states that will admit polygraph or lie detector tests results into evidence if both the prosecution and defendant agree that the test results will be admitted. More... |
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| NECESSITY AS A DEFENSE |
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| A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good." More... |
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| Capital Punishment or the Death Penalty |
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| 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.
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| Criminal Liability Under the Comprehensive Environmental Response, Compensation, and Liability Act |
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| Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances. More... |
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| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
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| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
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