Law Office of Neil I. Jacobs, LLC
Criminal Law Newsletter
   
ATTEMPT
 
A person commits an attempt if he or she, with the specific intent to commit an underlying offense, commits an act that amounts to more than mere preparation and fails to commit the underlying offense. In order to constitute an attempt, the person must have the specific intent to commit the offense. More...
 
OBSCENITY OFFENSES INVOLVING MINORS
 
Because obscene material is not protected by the First Amendment to the United States Constitution, states have a right to regulate the distribution of obscene material. Where the distribution of the material involves a minor, states have a further right to define the type of material that is obscene or harmful to the minor. More...
 
JURY INSTRUCTIONS ON THE EVIDENCE
 
A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must determine the weight that is to be given to the prosecution's evidence and whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. In order to make its determination, the jury is given instructions by a trial court. More...
 
CONTEMPT
 
Contempt is defined as conduct that obstructs or tends to obstruct the proper administration of justice. Contempt also includes an act that constitutes disrespectful conduct towards a court. In order to constitute contempt, the act itself must be disrespectful. A person's intent or purpose is not relevant. The fact that the conduct may be irritating to the court does not constitute contempt. More...
 
CONTEMPT PROCEEDINGS
 
Although there are two types of contempt, civil and criminal, a contempt proceeding is basically a criminal proceeding. It must guarantee the same procedural safeguards as a criminal proceeding. Due process must be provided to a person who is going to be held in contempt, regardless of whether the contempt is civil or criminal.More...
 
 
 
 
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