| Depositions |
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| Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition. More... |
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| Video Surveillance |
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| Video surveillance may be conducted for investigative reasons for criminal matters. Because it has been found that video surveillance is covered under the Fourth Amendment to the United States Constitution, an individual has an expectation of privacy that may not be violated. More... |
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| DURESS AS A DEFENSE |
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| If another person compels a defendant to commit an offense, the defendant may claim that he or she committed the offense under duress. The defense of duress means that the defendant did not have the necessary mental state to commit the offense or to be criminally responsible for the offense. More... |
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| GAMBLING |
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| A person commits the offense of gambling when he or she makes a bet on the result of a game or contest or on the performance of a participant in the game or contest; when he or she makes a bet on the result of a political nomination, appointment, or election, or on the success of any political nominee, candidate, or appointee; or when he or she plays and bets for money or for any item of value on any game that is played with cards, dice, balls, or other gambling devices. More... |
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| MISTAKE OF FACT AS A DEFENSE |
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| The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged. More... |
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