Criminal Law
| PARDONS |
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| A pardon is an act on the part of a state's governor that exempts a defendant from punishment that has been assessed by a trial court. A pardon is also known as an act of clemency. State constitutions generally set forth a governor's power to grant pardons. Some state constitutions allow the governor to grant pardons in all criminal cases, except for cases involving treason or impeachment. More... |
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| International Money Laundering and Undercover Money Laundering Transactions |
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| International money laundering is a federal offense. The elements of this offense include: Monetary instruments that are transported internationally; Defendant acted with the intent to promote the carrying on of the illegal activity, concealed the original transaction, attempted to avoid tax liability, or attempted to avoid reporting requirements; Transfer was done with the intent to conceal the proceeds from an illegal activity; Defendant knew the monetary instrument represented the proceeds derived from illegal activity.
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| SEARCH & SEIZURE - INVESTIGATIVE STOPs |
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| If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. Another name for an investigative stop is a "Terry Stop," which name is taken from the United States Supreme Court case of Terry v. Ohio. The officer may make the stop even though he or she does not have probable cause for an arrest. The purpose of the stop is to investigate criminal activity and not to make an arrest. More... |
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| EXTRAORDINARY RELIEF |
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| A defendant has an adequate remedy at law for a lower court's decision when he or she has a right to appeal the lower court's decision. When the defendant cannot appeal the lower court's decision, he or she may be entitled to extraordinary relief. Extraordinary relief is a method by which the defendant seeks to have an appellate court examine the lower court's actions and order the lower court to perform or to refrain from performing a certain act. More... |
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| WITNESS TAMPERING |
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| A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding.
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