Criminal Law
| An overview of the PATRIOT Act |
|
| The PATRIOT Act officially the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act was quickly developed and passed after the terroristic attack on September 11, 2001. The PATRIOT Act gives state, federal, and international intelligence agencies the power to conduct surveillance without first going into court and obtaining a warrant. More... |
|
|
| AGGRAVATED SEXUAL ASSAULT |
|
| A person commits the offense of aggravated sexual assault when he or she intentionally or knowingly, without another person's consent, causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person.
More... |
|
|
| MISTAKE OF FACT AS A DEFENSE |
|
| The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged. More... |
|
|
| SCHOOL SEARCHES |
|
| The basic requirement for a search of a student is the reasonableness of the search. If the school officials have a reasonable belief that the search will produce evidence that the student has violated any rules of the school, the officials may search the student. More... |
|
|
| MOTIONS IN ARREST OF JUDGMENT |
|
| When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction by filing a motion in arrest of judgment. A motion in arrest of judgment suggests that the judgment has not been legally rendered. The motion may be oral or it may be in writing. Although the defendant may have a statutory right in some states to file the motion, the motion is seldom used and is rarely granted by a trial court. More... |
|
|