Schad & Cook
Criminal Law Newsletter
JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS
 
A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.More...
 
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...
 
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. More...
 
Sexual Exploitation of Children
 
The crime of sexual exploitation of children is a highly prosecuted crime especially in the past decade. There are actually sub-categories with respect to the underlying offense of sexual exploitation of children. More...
 
Violations of the Federal Food, Drug, and Cosmetic Act
 
The Federal Food, Drug, and Cosmetic Act prohibits misbranding and adulterating food and drugs that circulate within interstate commerce. The Act was first enacted in 1906. Numerous parties may be charged with violating the Act. More...
 
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