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Making False Statements
Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, even by merely denying guilt when asked by a federal agent.Lauren C. HennesseyNo Exception for No: Rejection of the Exculpatory No Doctrine ''Journal of Criminal Law & Criminology'', Vol. 89 (spring 1998). This statute is used in many contexts. Most commonly, prosecutors use this statute to reach cover-up crimes such as perjury, false declarations, and obstruction of justice and government fraud cases. A number of notable people have been convicted under the section, including Martha Stewart, Rod Blagojevich, Michael T. Flynn, Rick Gates, Scooter Libby, Bernard Madoff, and Jeffrey Skilling. Its earliest progenitor was the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Crime
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prosecution happens at both the federal and the state levels (based on the Dual sovereignty doctrine) and so a "federal crime" is one that is prosecuted under federal criminal law and not under state criminal law under which most of the crimes committed in the United States are prosecuted. That includes many acts for which, if they did not occur on U.S. federal property or on Indian reservations or were not specifically penalized, would either not be crimes or fall under state or local law. Some crimes are listed in Title 18 of the United States Code (the federal criminal and penal code), but others fall under other titles. For instance, tax evasion and possession of weapons banned by the National Firearms Act are criminalized in Title 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brogan V
Brogan or O'Brogan, is a surname originating in Ireland, anglicized from the original Ó Brógáin. The form McBrogan, is also present sharing the meaning of O'Brogan, essentially "son of Brogan." The name is an anglicized form of Irish Ó Brógáin (“descendants of Brógán”), probably from a diminutive of bróg (“shoe”), which is ultimately from Old Norse brók (“breeches”).''Dictionary of American Family Names'', volume 1. Hanks, Patrick, editor (2003), New York City: Oxford University Press The name has also been traced back to ancient King Breogán, and Saint Brogan (Broccán Clóen), Saint Patrick's nephew and scribe, and has many original meanings, including sorrowful, sharp-faced, sturdy and strong. Traditionally, Brogan has also been used as a first name for boys, after the Saint. Notable people with the surname * Alan Brogan, an Irish footballer * Benedict Brogan, English journalist * Bernard Brogan (senior), an Irish footballer * Bernard Brogan (junio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-incrimination
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the EU's guide. Australia A limited right against self-incrimination exists at com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Honesty
Honesty or truthfulness is a facet of moral character that connotes positive and virtue, virtuous attributes such as integrity, truthfulness, straightforwardness (including straightforwardness of conduct: Good faith, earnestness), along with the absence of lying, cheating, theft, etc. Honesty also involves being trustworthy, Loyalty, loyal, wikt:fair#Adjective, fair, and Sincerity, sincere. A reputation for honesty is denoted by terms like Reputation, reputability and trustworthiness. Honesty about one's future conduct, loyalties, or commitments is called accountability, reliability, dependability, or conscientiousness. Someone who goes out of their way to tell possibly unwelcome truths extends honesty into the region of candor or frankness. The Cynicism (philosophy), Cynics engaged in a challenging sort of frankness like this called Parrhesia, ''parrhêsia''. Opinions Honesty is valued in many ethnic and religious cultures. "Honesty is the best policy" is a proverb of Edwin Sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Remain Silent
The right to silence is a legal principle which guarantees any individual the right to refuse to confession (law), answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justia
Justia is an American website specializing in legal information retrieval. It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the largest online databases of legal cases. The company is headquartered in Mountain View, California. The website offers free case law, codes, opinion summaries, and other basic legal texts, with paid services for its attorney directory and webhosting. In 2007, ''The New York Times'' reported that Justia was spending around "$10,000 a month" in order "to copy documents" from the United States Supreme Court and publish them online, to be made available without the public paying fees. Law library research guides often refer to Justia. Duke Law School's law library's research guide notes how it is helpful for PACER. See also * Legal Information Institute by Cornell Law School Cornell Law School is the law school of Cornell University, a private university, private, Ivy League university in Ithaca, New York. One of the five I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Element (criminal Law)
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant Verdict, guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove Legal burden of proof, beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary now depending on the crime. The basic components of an offense are listed below; generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intentioneither purpose, knowledge, or recklessnesswith regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Materiality (law)
Materiality is the significance of facts to the matter at hand.Black's Law Dictionary, 7th ed. In the law of evidence An item of evidence is said to be material if it has some logical connection to a fact of consequence to the outcome of a case. Materiality, along with probative value, is one of two characteristics that make a given item of evidence relevant. This largely depends on the elements of the cause of action the plaintiff seeks to prove, or that the prosecutor must prove in a criminal case to secure a conviction. Which issues must be factually proven are therefore a product of the underlying substantive law. In corporate and securities law Within the context of corporate and securities law in the United States, a fact is defined as material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote their shares or invest their money. In this regard, it is similar to the accounting term of the same name. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
