JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.

DUI Defenses

If one is charged with driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), or operating under the influence (OUI), there are numerous defenses one could raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial. Some of the most common and potential defenses are discussed below in more detail.

Bank Fraud and Financial Institutions

Congress enacted a bank fraud statute as part of the Comprehensive Crime Control Act of 1984. The purpose of the bank fraud statute was to fill the gaps that existed with respect to fraud against federally chartered or insured institutions. Thereafter, other federal acts were passed to expand the scope and coverage of the bank fraud statute. Some of the other acts included the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Crime Control Act of 1990, and the Racketeering Influence and Corrupt Organizations Act.

PROBATION

Probation is a type of sentencing by which a trial court suspends the imposition of imprisonment and releases a defendant into the community based upon certain conditions. Probation is an alternative to imprisonment. Probation is similar to parole because it grants freedom from incarceration.

Postconviction Procedures

After a defendant is convicted of a crime, he may decide to file a postconviction motion or appeal his conviction. The types of postconviction motions the defendant may file differ from state to state. The defendant may file several different motions after a judgment has been entered against him.