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Criminal Law Newsletter
COMPETENCY HEARINGS
 
If the issue of a defendant's competency to stand trial is raised either before or during a trial, a trial court is required to order a separate hearing on the defendant's competence. The hearing is conducted outside the presence of a jury, unless either the prosecution or the defense requests a hearing before a jury. If either the prosecution or the defense requests a hearing before a jury, a jury, other than the jury that has been empanelled to determine the defendant's guilt or innocence, must be selected. More...
 
UNLAWFUL POSSESSION OF A WEAPON WHERE PROHIBITED
 
In some states, a person commits the offense of unlawful possession of a weapon where prohibited if he or she intentionally, knowingly, or recklessly possesses a firearm, an illegal knife, a club, or a prohibited weapon on or within a certain number of feet from certain premises. Such premises include schools or educational institutions, polling places on the day of an election, courthouses, racetracks, secured areas of airports, or correctional institutions. More...
 
Criminal Liability Associated with Violating the Clean Water Act
 
The Clean Water Act governs the discharge of pollutants into navigable waters. Navigable waters have been defined as any waters in which one is able to navigate through, including streams or creeks that in turn feed navigable bodies of water. The Act requires any individual or corporation seeking to discharge pollutants to obtain a permit from the Environmental Protection Agency (EPA). The permit establishes the maximum amount of particular pollutants that may be discharged from facilities such as industrial and sewage treatment plants over a set period of time. The place or facility where the pollutants are discharged from is known as the point source. More...
 
Prosecutions for State Insurance Fraud
 
Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer. More...
 
Capital Punishment or the Death Penalty
 
In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain federal offenses. More...
 
 
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