Criminal Law Articles

Embezzlement and False Entries within Financial Institutions

There are numerous types of financial institutional fraud. Some of the types include both embezzlement and false entries made by representatives of financial institutions.

Battered Woman Syndrome

Battered woman syndrome was first proposed in the 1970s. The syndrome was based upon clinical observations by a researcher of the effect of severe abuse and battery on a woman. Battered woman syndrome is a pattern of psychological and behavioral symptoms found in a woman living in an abusive relationship.

The Exclusionary Rule

When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards.

Criminal Violations of the Occupational Safety and Health Act

An individual who violates the Occupational Safety and Health Act (OSHA)may be charged in either a criminal or civil forum. OSHA was enacted to protect workers from unsafe conditions in the workplace.

JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

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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