| KIDNAPPING & AGGRAVATED KIDNAPPING |
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| A person commits the offense of kidnapping when he or she intentionally or knowingly abducts another person. The term "person" means a living human being and not an unborn child. The term "abduct" means the restraint of the other person by holding the other person where he or she is unlikely to be found and by using or threatening the other person with deadly force.More... |
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| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
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| There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More... |
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| OBSCENITY OFFENSES INVOLVING MINORS |
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| 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.
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| Criminal Forfeitures |
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| Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture. More... |
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| COMPETENCY HEARINGS |
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| If the issue of a defendant's competency to stand trial is raised either before or during a trial, a trial court is required to order a separate hearing on the defendant's competence. The hearing is conducted outside the presence of a jury, unless either the prosecution or the defense requests a hearing before a jury. If either the prosecution or the defense requests a hearing before a jury, a jury, other than the jury that has been empanelled to determine the defendant's guilt or innocence, must be selected. More... |
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