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Criminal Law Newsletters

A DEFENDANT’S RIGHT TO REMAIN SILENT DURING TRIAL

The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trial

MISTAKE OF FACT AS A DEFENSE

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.

Money Laundering

Money laundering is a federal offense that is defined as the unlawful transfer of money that flows from racketeering or some other illegal sources into legitimate channels so that the original illegal source of the money cannot be traced.

TERRITORIAL JURISDICTION OF THE FEDERAL GOVERNMENT

Governments:Federal Government:Property

Video Surveillance

Video surveillance may be conducted for investigative reasons for criminal matters. Because it has been found that video surveillance is covered under the Fourth Amendment to the United States Constitution, an individual has an expectation of privacy that may not be violated.