Criminal Law Newsletters

Competency and Sequestration of Witnesses

Testimony of witnesses is a common way to present evidence during a criminal trial. However, before the testimony of a witness can be accepted during a defendant’s trial it must be established that the witness is competent or have the capacity to testify.

INJURY TO A CHILD, AN ELDERLY PERSON, OR A DISABLED INDIVIDUAL

A person commits the offense of injury to a child, an elderly person, or a disabled individual when the person intentionally, knowingly, or recklessly causes serious bodily injury or impairment to the child, the elderly person, or the disabled individual.

Larceny and Conversion of Government Property

Larceny or the theft of government property is a federal offense. In order to prove the crime; the prosecution mustprove the following: A wrongful taking or carrying away of property; the property belonged to the United States; the defendant took the property without the consent of the United States; the defendant had the intent to deprive the United States of the property.

MARITIME JURISDICTION OF THE FEDERAL GOVERNMENT

In accordance with Article III of the United States Constitution, the federal government has jurisdiction over all admiralty and maritime cases. This means that the federal government has jurisdiction over all criminal offenses that are committed on the high seas, on any other waters within the jurisdiction of the United States, or on any vessel that belongs to the United States, to a United States citizen, or to a corporation, which vessel is located within the admiralty or maritime jurisdiction of the United States and not within the jurisdiction of a state.

RESISTING ARREST

A person commits the offense of resisting arrest when he or she intentionally prevents or obstructs a peace officer from effecting an arrest, a search, or a transportation of him or her or another person by using force against the peace officer.