| INTOXICATION AS A DEFENSE |
| Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense. More... |
| MISCELLANEOUS GAMBLING OFFENSES |
| A person commits the offense of gambling promotion when he or she intentionally or knowingly operates or participates in the earnings of a gambling establishment; engages in bookmaking; becomes a custodian of any item of value that is bet or is offered to be bet; sells chances on the result of a game or contest or on the performance of a participant in the game or contest; sells chances on the result of a political nomination or election or on the success of any nominee or candidate in the election; promotes a lottery; or sells, offers to sell, or knowingly possesses any card, stub, ticket, check, or other lottery device, which sale or possession is for the purpose of a gain.More... |
| Credibility and Impeachment of Witnesses |
| After a witness has been sworn in and testifies on direct examination, the opposing party may cross-exam the witness. Often times the opposing party will attempt to discredit the witness by challenging their credibility. The opposing party may try to challenge the witness's credibility by employing numerous impeachment techniques.More... |
| Bank Fraud and Financial Institutions |
| Congress enacted a bank fraud statute as part of the Comprehensive Crime Control Act of 1984. The purpose of the bank fraud statute was to fill the gaps that existed with respect to fraud against federally chartered or insured institutions. Thereafter, other federal acts were passed to expand the scope and coverage of the bank fraud statute. Some of the other acts included the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Crime Control Act of 1990, and the Racketeering Influence and Corrupt Organizations Act. More... |
| CULPABLE MENTAL STATES |
| In order to be convicted of a criminal offense, a defendant must commit certain conduct that is prohibited by a statute, a municipal ordinance, or a rule; the defendant's conduct must produce the required result; the defendant must have the required mental state or culpability for the offense; and any exception to the offense must be negated. The required mental state or culpability for an offense refers to the defendant's state of mind or intent. The required mental state or culpability for an offense may consist of one or more mental elements. More... |
Barnett & Barclay, P.A.
