Criminal Law Newsletters

CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS

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.

OFFENSES INVOLVING PUBLIC SERVANTS

A public servant is a governmental officer, employee, or agent, a juror or a grand juror, an arbitrator or a referee, an attorney or a notary public, a political party official or a political candidate, or anyone who is performing a governmental function. A person is a public servant even if he or she has only been elected to office and has not assumed the duties of his or her office.

Preliminary Determinations of Admissibility of Evidence

Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts.

Prosecutions for State Insurance Fraud

Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer.

SENTENCING HEARINGS

When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial.