| FEDERAL LAWS REGARDING THE MANUFACTURE AND SALE OF EXPLOSIVES |
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| Federal laws provide criminal sanctions for offenses involving the manufacture and sale of explosives. Such laws include the Antiterrorism and Effective Death Penalty Act of 1996, which Act was enacted in response to the Oklahoma City bombing in 1995. Federal laws also provide regulatory controls over interstate and foreign commerce in explosives. The regulatory controls are designed to assist states in regulating the manufacture, sale, transfer, and storage of explosives within their borders. More... |
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| Mail Fraud |
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| Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question.
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| Defendants and Sentencing with Respect to Convictions of Violating Environmental Statutes |
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| There are three types of defendants that may be charged in a case involving a violation of an environmental statute. The three types of defendants include corporations, corporate officers and individuals.
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| Right to Effective Counsel and Attachment of the Right to Counsel |
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| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
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| Wiretaps and Electronic Surveillance Devices |
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| Under the United States Code wiretaps are permitted after a proper application has been made for their usage. A wiretap is defined as a form of electronic surveillance whereupon law enforcement officers listen to phone conversations or other communications of certain individuals. States have enacted their own statutes that cover the procedures and issuance of permits to conduct a wiretap. More... |
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