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.

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.

MODIFICATION, REDUCTION, & TERMINATION OF PROBATION

A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation.

Recusal of Judges

The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself.

REQUESTS FOR JURY INSTRUCTIONS

Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties.