Criminal Law Newsletters

BIGAMY

A person commits the offense of bigamy when he or she is legally married and when he or she marries or purports to marry another person, who is not his or her spouse. A person also commits the offense of bigamy when he or she is not legally married and when he or she marries or purports to marry another person who is legally married.

Brady Materials and Impeachment Evidence

Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure.

FEDERAL HABEAS CORPUS PETITIONS

A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself. An attorney or a "next friend" of the prisoner may file the petition on behalf of the prisoner.

FEDERAL STRIKE FORCES

United States Attorneys' offices have federal strike forces. Such strike forces are called Organized Crime Strike Force Units (OCSFUS). The OCSFUS are responsible for supervising and prosecuting cases against criminal enterprises that operate in or that affect the United States. The Attorney General's Organized Crime Council identifies those criminal enterprises. The terms "organized crime" refer to criminal groups that engage in repeated illegal activities over an extended period of time within the United States.

Judicial Review of Disputed Jencks Act Materials

Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior statement. There must be a direct link between the prior statement requested and the witness's direct testimony.