Criminal Law Newsletters

JURY INSTRUCTIONS ON REASONABLE DOUBT

A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.

Unlawful Flight Offenses

It is unlawful to flee to avoid custody or confinement, flight warrants, to avoid giving testimony, or to avoid service of process. The penalties associated therewith vary in duration and severity.

Customs Fraud

What Constitutes Customs Fraud Fraud is defined as an intentional perversion of the truth to induce another individual into believing or doing something that they would not otherwise do. Fraud is an intentional crime.

FEDERAL LAWS REGARDING EXTORTION

A person commits the federal offense of extortion if he or she transmits in interstate or foreign commerce any demand or request for ransom or for a reward for the release of a kidnapped person, any threat to kidnap or injure another person, or any threat to injure the property or reputation of another person or to accuse another person of a crime with the intent to extort. The federal offense of extortion applies to both interstate and foreign telephone calls and other forms of communication. As long as the communication crosses state or national borders, the communication is considered to involve interstate or foreign commerce.

CONFESSIONS - WAIVER OF RIGHTS

A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.