Criminal Law
| GAMBLING |
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| A person commits the offense of gambling when he or she makes a bet on the result of a game or contest or on the performance of a participant in the game or contest; when he or she makes a bet on the result of a political nomination, appointment, or election, or on the success of any political nominee, candidate, or appointee; or when he or she plays and bets for money or for any item of value on any game that is played with cards, dice, balls, or other gambling devices. 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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| THE INDIAN GAMING REGULATORY ACT |
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| After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988.
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| Vindictive and Selective Prosecution |
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| A prosecutor may violate a defendant's due process rights if they are using their decision to prosecute the defendant for purposes of retaliation. More... |
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| Joinder of Offenses |
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| If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses. More... |
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