Newsletters

Alien Terrorists and Other Crimes and Penalties under the PATRIOT Act

The PATRIOT Act has numerous provisions preventing alien terrorists from entering into the United States. The Act focuses particularly on Canada due to their liberal policy permitting most individuals to enter their country. The Act also permits law enforcement authorities to detain and deport alien terrorists. Individuals who support the alien terrorists may also be deported under the Act.

Jury Selection in Capital Cases

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.

Types of Healthcare Fraud and Criminal Ramifications

Healthcare fraud is a prevalent crime. Federal healthcare fraud involves fraudulent conduct with respect to any federal healthcare program or plan that provides health benefits to an individual. The plan or program is funded by the United States either directly or by way of a state healthcare fund.

CONFESSIONS MUST BE VOLUNTARY

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.

JUSTIFICATION AS A DEFENSE

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.