| APPEALS OF FEDERAL CRIMNAL PROSECUTIONS |
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| After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988.
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| An overview of the Jencks Act |
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| 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... |
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| CONFESSIONS MUST BE VOLUNTARY |
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| The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary. More... |
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| Alternate Discovery Methods for a Defendant |
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| A defendant is entitled to conduct discovery prior to his criminal trial. There are numerous alternative methods in which the defendant may conduct discovery in order to obtain information prior to his trial. More... |
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| Foreign Arrests |
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| If an American citizen violates a foreign law in a foreign country he may be arrested for the foreign offense. An American businessperson or tourist is not afforded any type of immunity such as that enjoyed by diplomats. More... |
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