Newsletters

Confessions - Fifth Amendment Right to Counsel

The United States Supreme Court held in 1966 in the case of Miranda v. Arizona that a person has a right to an attorney during questioning by the police. The basis for this right is the privilege against self-incrimination under the Fifth Amendment of the United States Constitution.

Mail Fraud

Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question.

INJURY TO A CHILD, AN ELDERLY PERSON, OR A DISABLED INDIVIDUAL

A person commits the offense of injury to a child, an elderly person, or a disabled individual when the person intentionally, knowingly, or recklessly causes serious bodily injury or impairment to the child, the elderly person, or the disabled individual.

JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE

The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense.

JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense.