Criminal Law
| FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT |
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| A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing. More... |
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| Judicial Review of Disputed Jencks Act Materials |
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| Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior statement. There must be a direct link between the prior statement requested and the witness's direct testimony.
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| Federal Government's Disclosure Obligations of Information or Evidence to the Defendant |
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| The federal government is required to disclose any relevant information or evidence to the defendant when the defendant requests disclosure of such information. The defendant should file a motion requesting the disclosure of the federal government's evidence. The defendant should be provided with liberal discovery. More... |
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| Depositions |
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| Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition. More... |
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| Statements of Juveniles |
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| After a juvenile has been arrested, they have the right to receive Miranda rights and the right to be represented by counsel. The juvenile also has the right to be free from self-incrimination as provided under the Fifth Amendment to the United States Constitution. More... |
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