Criminal Law
| Receipt of Stolen Government Property and Improper Disposal of Government Property |
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| Receiving stolen government property is a federal offense. The prosecution must show the following elements existed in order to try a defendant for the offense of receiving stolen government property: The defendant received, concealed, or retained stolen property; the stolen property belonged to the United States; the defendant knew that the property had been embezzled, stolen, or converted; the defendant had the intent to convert the government property for his own use.
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| JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
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| When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.
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| Appellate Review of Comments During Closing Arguments and Standards of Review |
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| When a defendant appeals his conviction on the basis that the trial court erred in overruling his objection to the prosecutor's improper comments made during closing arguments, the appellate court will analyze the entire closing argument. The trial court is given wide discretion with respect to closing arguments.
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| Criminal Misapplication |
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| Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution.
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| UNLAWFUL SALE OR TRANSFER OF WEAPONS |
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| In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver. More... |
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