| CARRYING WEAPONS OR EXPLOSIVES ON AN AIRCRAFT |
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| It is a federal offense to carry weapons or explosives on an aircraft. It is also a federal offense to attempt to board an aircraft with weapons or explosives. A defendant commits either of these offenses when he or she: (1) boards or attempts to board an aircraft while possessing on his or her person or property a deadly or a dangerous weapon, which weapon is concealed and which weapon could be accessible to him or her in flight; (2) places or attempts to place aboard any aircraft a loaded firearm in his or her baggage or in any other property that is not accessible to him or her in flight; or (3) places or attempts to place aboard an aircraft any bomb or similar explosive or incendiary device.
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| Criminal Liability Under the Comprehensive Environmental Response, Compensation, and Liability Act |
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| Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances.More... |
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| Preliminary Determinations of Admissibility of Evidence |
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| Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts.
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| Joinder of Offenses |
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| If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses. More... |
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| Juvenile Proceedings |
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| Juvenile proceedings are different from regular criminal proceedings because they are tailored toward juveniles, children under the age of 18. Every state has a different type of system set up to handle their juvenile matters. Some states have an actual juvenile court, other states place juvenile matters under the guise of the family or probate court. However, most courts that have jurisdiction to hear juvenile matters may transfer the case to a trial court when the offense charged is severe. The process of transferring a juvenile case is often referred to as waiving jurisdiction. More... |
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