Newsletters
AGGRAVATED SEXUAL ASSAULT
A person commits the offense of aggravated sexual assault when he or she intentionally or knowingly, without another person's consent, causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person.
Best Evidence Rule
The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent.
Overview of Prison Offenses
Even after a defendant has been convicted and sentenced to a prison term, he may be charged, convicted, and sentenced again for any offenses committed while in prison. A prison is defined as a correctional or detention facility. Although states vary on the types of chargeable prison offenses, there are some general offenses both under numerous state laws and federal law.
Overview of the Racketeer Influenced and Corrupt Organizations Act of 1970 RICO
RICO was enacted in response to the threat to the American economy from the unfettered growth of organized crime. RICO was intended to assist in remedying the inhabitation of the development of admissible evidence necessary to bring criminal charges against individuals involved in organized crime. The United States Congress enacted RICO in the hope that it would in part permit prosecutors to revitalize corrupted interstate enterprises into legal businesses.
SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS
When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused.