| An overview of the Jencks Act |
| The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal. More... |
| WARRANTLESS SEARCH - SEARCH IN AN INVESTIGATIVE STOP |
| If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. More... |
| JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
| When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense. More... |
| DURESS AS A DEFENSE |
| If another person compels a defendant to commit an offense, the defendant may claim that he or she committed the offense under duress. The defense of duress means that the defendant did not have the necessary mental state to commit the offense or to be criminally responsible for the offense.More... |
| Comments During Closing Arguments and Curative Instructions |
| If the defendant suspects that the prosecutor has made an inappropriate comment or remark during closing arguments, the defendant should make an immediate and contemporaneous objection. If the defendant fails to immediately object to the comment or remark, the defendant's later objection to the comment or remark will be deemed waived. More... |
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