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Criminal Law Newsletter
CONTEMPT
 
Contempt is defined as conduct that obstructs or tends to obstruct the proper administration of justice. Contempt also includes an act that constitutes disrespectful conduct towards a court. In order to constitute contempt, the act itself must be disrespectful. A person's intent or purpose is not relevant. The fact that the conduct may be irritating to the court does not constitute contempt. More...
 
SEARCH & SEIZURE - SCHOOL SEARCHES
 
The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property.More...
 
Circumstantial, Direct and Relevant Evidence
 
All evidence must be relevant in order for it to be admissible. There are numerous instances when relevant evidence is not admissible for various reasons including hearsay. Evidence itself falls into one of two categories, direct or circumstantial.More...
 
Principals and Accessories
 
A defendant in an action may be charged as a principal offender of the underlying offense or an accessory to the underlying offense. Depending upon the defendant's actions and role in the offense, the prosecution will decide to charge the defendant as a principal or an accessory.More...
 
Judicial Review of Disputed Jencks Act Materials
 
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. More...
 
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