| JUSTIFICATION AS A DEFENSE |
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| A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances. More... |
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| The Criminal Justice Process - An Overview |
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| The criminal justice process begins with the discovery that a crime has been committed. Some crimes such as traffic offenses and resisting arrest are committed in the presence of a law enforcement officer. In general, when a police officer observes the commission of a crime, the officer may arrest the offender without seeking an arrest warrant. Most crimes, however, are committed when a law enforcement officer is not present. Those crimes are investigated by state and local police departments, and federal agencies including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service (INS), and the Internal Revenue Service (IRS).
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| 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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| A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL |
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| The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trialMore... |
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| Criminal Liability For Violating the Clean Air Act |
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| The Environmental Protection Agency (EPA) has established national air quality standards with respect to certain air pollutants. The Clean Air Act requires that states develop a plan that: implements the EPA standards, maintains the standards developed by the EPA and enforces the standards under the EPA.
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