| Criminal Misapplication |
| Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution. More... |
| Battered Person Syndrome and Battered Child Syndrome |
| Battered person syndrome is a derivative of battered woman syndrome. Battered person syndrome involves battery of a male spouse or someone that resides in the household. Battered person syndrome may be used as a justification defense in a homicide prosecution. Typically, the defendant would assert self-defense as a defense and then justify the premise of the self-defense based upon the battered person syndrome. The premise behind battered person syndrome is that this syndrome is gender neutral. More... |
| POSSESSION OF A FIREARM |
| The mere possession of a firearm is not an offense because of the right to bear arms under the Second Amendment of the United States Constitution. Possession of a firearm may become an offense if a person is a convicted felon or if the firearm is a weapon that is specifically prohibited under a state's statutes.More... |
| Hobbs Act Generally |
| The elements with respect to a violation of the Hobbs Act are as follows: 1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property. More... |
| SEARCH & SEIZURE - SEARCH INCIDENT TO A VALID ARREST |
| Although the Fourth Amendment to the United States Constitution guarantees the right to be secure against unreasonable searches and seizures and requires a search warrant in order to search a person or a place, there are exceptions to this requirement. One of the exceptions is a search that occurs at the time of a valid arrest. This is referred to as a search incident to a valid arrest.More... |
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