| FEDERAL LAWS REGARDING CARJACKING |
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| 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... |
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| Battered Person Syndrome and Battered Child Syndrome |
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| Battered person syndrome is a derivative of battered woman syndrome. Battered person syndrome involves battery of a male spouse or someone that resides in the household. Battered person syndrome may be used as a justification defense in a homicide prosecution. Typically, the defendant would assert self-defense as a defense and then justify the premise of the self-defense based upon the battered person syndrome. The premise behind battered person syndrome is that this syndrome is gender neutral. More... |
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| FEDERAL HABEAS CORPUS APPEALS |
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| A final order by a federal district court judge in a federal habeas corpus proceeding may generally be appealed to a federal appellate court. However, the appeal is not a matter of right. A state prisoner who is seeking to appeal the denial of his or her petition for federal habeas corpus relief must obtain a "certificate of appealability" from a federal judge. In order to receive the certificate, the prisoner must show that he or she was denied a federal constitutional right. More... |
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| Appeals |
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| Usually a defendant is entitled to one appeal as of right after a conviction. The defendant must be informed of his right to appeal. On appeal, the defendant may raise claims that mistakes were made during his trial. The defendant is required to follow the proper state or federal procedure when filing an appeal. Sometimes, the defendant is required to request leave or permission to file an appeal. The defendant is then required to file notice of the appeal with the court, file a brief, and submit the trial court record for review. More... |
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| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
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| 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... |
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