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Criminal Law Newsletter
ATTEMPT
 
A person commits an attempt if he or she, with the specific intent to commit an underlying offense, commits an act that amounts to more than mere preparation and fails to commit the underlying offense. In order to constitute an attempt, the person must have the specific intent to commit the offense. More...
 
ISSUING A BAD OR A WORTHLESS CHECK
 
A person commits the offense of issuing a bad or a worthless check when he or she writes, issues, or passes a check or similar document for the payment of money when he or she knows that he or she does not have sufficient funds in a banking institution to pay the check. More...
 
WAIVER OF APPEAL
 
A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued. More...
 
An overview of the Jencks Act
 
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...
 
PARDON PROCEDURES
 
Whether a defendant is eligible for a pardon by a state's governor generally depends upon his or her status with regard to the sentence that was imposed by a trial court. The governor may request a pardon for the defendant from the state's parole board. The parole board is then required to consider the pardon for the defendant. More...
 
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