| FEDERAL PRETRIAL DIVERSION PROGRAMS |
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| Federal pretrial diversion is an alternative to federal criminal prosecution. The federal pretrial diversion program seeks to divert certain offenders from criminal prosecution to a program of supervision and services. The federal pretrial diversion program is administered by the United States Probation Service.
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| Battered Woman Syndrome |
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| Battered woman syndrome was first proposed in the 1970s. The syndrome was based upon clinical observations by a researcher of the effect of severe abuse and battery on a woman. Battered woman syndrome is a pattern of psychological and behavioral symptoms found in a woman living in an abusive relationship.
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| A DEFENDANT'S RIGHT TO COUNSEL |
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| The Sixth Amendment to the United States Constitution provides that a person has the right to the assistance of counsel when he or she is accused of a criminal offense. This right applies to the states under the Due Process Clause of the Fourteenth Amendment to the Constitution. Most states have also enacted provisions in their constitutions that provide a person with the right to the assistance of counsel.
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| Bankruptcy Fraud |
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| Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence. More... |
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| An overview of the Jencks Act |
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| The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal. More... |
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