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Criminal Law Newsletters

A Defendant’s Right to Testify

Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant’s right to testify includes his or her right to present a defense.

Criminal Liability For Violating the Clean Air Act

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.

Customs Fraud

What Constitutes Customs Fraud

Fraud is defined as an intentional perversion of the truth to induce another individual into believing or doing something that they would not otherwise do. Fraud is an intentional crime.

Maritime Jurisdiction of the Federal Government

In accordance with Article III of the United States Constitution, the federal government has jurisdiction over all admiralty and maritime cases. This means that the federal government has jurisdiction over all criminal offenses that are committed on the high seas, on any other waters within the jurisdiction of the United States, or on any vessel that belongs to the United States, to a United States citizen, or to a corporation, which vessel is located within the admiralty or maritime jurisdiction of the United States and not within the jurisdiction of a state.

Obstruction of Justice

A person commits the offense of obstruction of justice if he or she intentionally or knowingly harms or threatens to harm a public servant, a witness, an informant, or a person who intends to report a crime. The harm or the threat to harm may be in retaliation for services that have been rendered by the public servant, the witness, the informant, or the person who reported a crime. The harm or the threat to harm may also seek to prevent or to delay the services of the public servant, the witness, the informant, or the person who intends to report a crime. A public servant may be 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.

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