| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
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| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
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| Jury Selection in Capital Cases |
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| In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More... |
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| CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS |
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| In some states, legislatures have recently enacted laws that grant the possibility of clemency by the states' governors for domestic violence victims who have been convicted of certain offenses, such as murder and manslaughter. In those states, the governors are entitled to request a clemency investigation by the states' parole boards into cases where defendants have pleaded guilty or have been convicted of those offenses when the offenses were directly related to the defendants' being victimized by domestic violence.
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| FEDERAL ENFORCEMENT OF CHILD SUPPORT |
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| The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both.
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| GAMBLING |
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| A person commits the offense of gambling when he or she makes a bet on the result of a game or contest or on the performance of a participant in the game or contest; when he or she makes a bet on the result of a political nomination, appointment, or election, or on the success of any political nominee, candidate, or appointee; or when he or she plays and bets for money or for any item of value on any game that is played with cards, dice, balls, or other gambling devices. More... |
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