| MISTAKE OF FACT AS A DEFENSE |
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| The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged. More... |
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| KIDNAPPING & AGGRAVATED KIDNAPPING |
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| A person commits the offense of kidnapping when he or she intentionally or knowingly abducts another person. The term "person" means a living human being and not an unborn child. The term "abduct" means the restraint of the other person by holding the other person where he or she is unlikely to be found and by using or threatening the other person with deadly force.More... |
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| Judicial Review of Disputed Jencks Act Materials |
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| Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior statement. There must be a direct link between the prior statement requested and the witness's direct testimony.
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| DEFENSE EVIDENCE AT SENTENCING HEARINGS |
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| Either the prosecution or the defense is entitled to introduce evidence at a defendant's sentencing hearing. If the defense introduces evidence, it usually takes the form of reputation and character evidence or mitigation evidence.More... |
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| Best Evidence Rule |
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| The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent. More... |
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