| Appellate Review of Comments During Closing Arguments and Standards of Review |
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| When a defendant appeals his conviction on the basis that the trial court erred in overruling his objection to the prosecutor's improper comments made during closing arguments, the appellate court will analyze the entire closing argument. The trial court is given wide discretion with respect to closing arguments.
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| Receipt of Stolen Government Property and Improper Disposal of Government Property |
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| Receiving stolen government property is a federal offense. The prosecution must show the following elements existed in order to try a defendant for the offense of receiving stolen government property: The defendant received, concealed, or retained stolen property; the stolen property belonged to the United States; the defendant knew that the property had been embezzled, stolen, or converted; the defendant had the intent to convert the government property for his own use.
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| JURY INSTRUCTIONS ON THE EVIDENCE |
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| 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 determine the weight that is to be given to the prosecution's evidence and whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. In order to make its determination, the jury is given instructions by a trial court. More... |
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| Drunk Driving |
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| Drunk driving is a crime in all 50 states including the District of Columbia. Depending upon the state, the name the offense is referred to varies. Some states refer to the offense as DWI, driving while intoxicated. Others use DUI, driving under the influence of an intoxicant, or OUI operating under the influence. In some states an OUI is a lesser offense for a DWI. As stated above, one needs to look to the state where they reside to determine the proper terminology.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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