Criminal Law Newsletters

Factual Stipulations in Criminal Trials

A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial.

FEDERAL LAWS REGARDING THE MANUFACTURE AND SALE OF EXPLOSIVES

Federal laws provide criminal sanctions for offenses involving the manufacture and sale of explosives. Such laws include the Antiterrorism and Effective Death Penalty Act of 1996, which Act was enacted in response to the Oklahoma City bombing in 1995. Federal laws also provide regulatory controls over interstate and foreign commerce in explosives. The regulatory controls are designed to assist states in regulating the manufacture, sale, transfer, and storage of explosives within their borders.

Possession of Drug Paraphernalia

A person commits a criminal offense when he or she uses drug paraphernalia or possesses drug paraphernalia with the intent to use the drug paraphernalia. Possession of drug paraphernalia is the knowing or intentional use or possession with the intent to use the drug paraphernalia.

Preliminary Criminal Proceedings

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.

SCHOOL SEARCHES

The basic requirement for a search of a student is the reasonableness of the search. If the school officials have a reasonable belief that the search will produce evidence that the student has violated any rules of the school, the officials may search the student.