Criminal Law
| Joinder of Defendants |
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| A defendant or the prosecution may file a motion for a joinder of defendants. It is within the trial court's discretion to grant or deny the motion for joinder. The party seeking the joinder must show that the defendants participated in the same act or transaction or in the same series of transactions. Joinder of defendants requires more than simply showing that the defendants committed similar offenses. The standard for joining defendants is satisfied if the defendants shared a common purpose or scheme and if there was an overlap in their acts. More... |
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| Hobbs Act Generally |
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| The elements with respect to a violation of the Hobbs Act are as follows:
1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.
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| CONTEMPT |
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| 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... |
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| Criminal Liability Associated with Violating the Clean Water Act |
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| 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... |
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| Closing Arguments During a Criminal Trial |
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| The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process. More... |
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