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NUNC PRO TUNC PROCEEDINGS

If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed.

MURDER

A person commits the offense of murder when he or she intentionally or knowingly causes the death of an individual or when he or she intends to cause serious bodily injury to an individual and commits an act that causes the death of the individual.

Customs Fraud and Evasion Practices

Double invoicing is a procedure in which the importer and foreign exporter agree to divide the per-unit cost between two invoices. Only one invoice is presented at entry. The second invoice for the balance is forwarded to the importer, either before or after entry, and is paid separately. The customs officials are able to detect the improper value of goods listed on an invoice if they are well seasoned in their work. The double invoicing scheme will work if all of the documents are altered properly.

Production Immunity

Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds.

Criminal Forfeitures

Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture.