Criminal Law
| Bank Fraud and Financial Institutions |
|
| Congress enacted a bank fraud statute as part of the Comprehensive Crime Control Act of 1984. The purpose of the bank fraud statute was to fill the gaps that existed with respect to fraud against federally chartered or insured institutions. Thereafter, other federal acts were passed to expand the scope and coverage of the bank fraud statute. Some of the other acts included the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Crime Control Act of 1990, and the Racketeering Influence and Corrupt Organizations Act. More... |
|
|
| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
|
| There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More... |
|
|
| CREDIT CARD OR DEBIT CARD ABUSE |
|
| A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked, uses a fictitious credit card or debit card with the intent to obtain a benefit, steals a credit card or a debit card knowing that it was stolen, buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder, sells a credit card or a debit card without being the issuer, or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person. More... |
|
|
| Right to Effective Counsel and Attachment of the Right to Counsel |
|
| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
|
|
| FEDERAL LAWS REGARDING CARJACKING |
|
| Although offenses involving motor vehicles thefts are usually prosecuted by state and local law enforcement authorities, the increased number of such offenses and the increased use of violence in connection with the offenses caused Congress to enact a federal carjacking statute. Congress also directed the Federal Bureau of Investigation and the United States Attorneys' offices to cooperate with state and local authorities in the investigation of such offenses and to prosecute some offenses in federal court. More... |
|
|