| JUSTIFICATION AS A DEFENSE |
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| A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances. More... |
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| JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
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| When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.
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| Discovery and Brady Materials |
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| In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required. More... |
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| Confessions - Fifth Amendment Right to Counsel |
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| 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.
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| Severance of Offenses and Defendants |
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| If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance. More... |
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