| VENUE |
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| Venue is defined as the place or county in which a court with jurisdiction may hear and determine a case. Venue is different from jurisdiction, which is defined as a court's power to hear and to decide certain cases.More... |
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| FEDERAL LAWS REGARDING KIDNAPPING |
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| A person commits a federal offense if he or she knowingly and willingly transports an unconsenting person in interstate commerce and holds the person for ransom, reward, or otherwise. In order to convict a defendant of kidnapping, the federal government must prove interstate or foreign transportation. The government is not required to prove that the defendant carried out the kidnapping for personal gain. The government may establish that the kidnapping was carried out for something other than personal gain, such as in order to silence a potential witness or in order to obtain sexual gratification.More... |
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| Prosecutors, Immunity and Conflicts of Interests |
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| The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.More... |
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| Preliminary Criminal Proceedings |
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| After a defendant has been arrested and may have been released, he or she is required to appear for an arraignment. An arraignment is a court appearance in which defendant is brought before a judge or magistrate and apprised of the charges lodged against him or her. Ordinarily with respect to a misdemeanor offense, the defendant will only be arraigned once. However, with a felony offense, the defendant may be arraigned more than once if the offense is changed from the offense listed in the initial accusatory instrument.More... |
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| Discovery and Brady Materials |
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| In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required. More... |
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