Criminal Law Newsletters

Alien Terrorists and Other Crimes and Penalties under the PATRIOT Act

The PATRIOT Act has numerous provisions preventing alien terrorists from entering into the United States. The Act focuses particularly on Canada due to their liberal policy permitting most individuals to enter their country. The Act also permits law enforcement authorities to detain and deport alien terrorists. Individuals who support the alien terrorists may also be deported under the Act.

Circumstantial, Direct and Relevant Evidence

All evidence must be relevant in order for it to be admissible. There are numerous instances when relevant evidence is not admissible for various reasons including hearsay. Evidence itself falls into one of two categories, direct or circumstantial.

CRUELTY TO ANIMALS

A person commits the offense of cruelty to animals if he or she intentionally or knowing tortures an animal, fails to provide food, care, or shelter for an animal, abandons an animal, transports or confines an animal in a cruel manner, kills or seriously injures an animal that belongs to another person, or causes an animal to fight with another animal.

Depositions

Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition.

Disorderly Conduct and Public Intoxication

A person commits the offense of disorderly conduct when he or she knowingly or intentionally engages in an act that is offensive to the public order. Examples of disorderly conduct include using abusive language in a public place, making an offensive gesture in a public place, creating a noxious odor in a public place, making unreasonable noise in a public place, fighting in a public place, or discharging a firearm in a public place.