Criminal Law
| Tax Fraud and Corporate Criminal Liability |
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| A corporation may be potentially criminally liable for tax fraud committed by a director, officer, or employee. Basically, the general concept for corporate criminal liability is that a corporation may be found liable for committing criminal offenses when an employee, officer, or director of the corporation commits the criminal offense. Some jurisdictions still apply the common law theory that a corporation cannot be liable for a crime because it is unable to commit a crime in its corporate capacity. More... |
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| FEDERAL HABEAS CORPUS RELIEF |
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| A state prisoner who has been incarcerated for a criminal offense by a state court may challenge his or her conviction by filing a petition for habeas corpus relief in a federal court. The federal court has jurisdiction over the prisoner's custody in a state correctional institution if the incarceration constitutes a violation of the United States Constitution or the laws of the United States. The prisoner's federal habeas corpus petition seeks to secure the release of the prisoner from an unlawful custody. However, in order to be able to file the federal habeas corpus petition, the prisoner must be in custody, the custody must be unlawful, and the prisoner must have exhausted his or her state remedies.
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| Jury Selection in Capital Cases |
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| In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More... |
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| MOTIONS IN ARREST OF JUDGMENT |
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| 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... |
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| OBTAINING CONTROLLED SUBSTANCES BY FRAUD |
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| A person commits an offense when he or she acquires, obtains, or attempts to obtain possession of a controlled substance by misrepresentation, fraud, or forgery. The person obtains a controlled substance by fraud when the person forges or alters a prescription for the controlled substance. More... |
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