Stephen E. Dawley
Criminal Law Newsletter
Capital Punishment or the Death Penalty
 
In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain federal offenses. More...
 
DISPENSING CONTROLLED SUBSTANCES
 
practitioner commits a criminal offense if he or she unlawfully dispenses a controlled substance. A practitioner is a physician, a dentist, a veterinarian, a pharmacist, or any other person who is permitted to use controlled substances in his or her profession. Dispensing is the transfer or delivery of a controlled substance by a practitioner. More...
 
Jury Selection in Capital Cases
 
In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More...
 
Food Drug and Cosmetic Act
 
A corporation, a corporate officer, a corporate director or a corporate employee may be charged with violating the Federal Food, Drug, and Cosmetic Act. The Act prohibits the misbranding and adulterating of food, drugs, or cosmetics. A violation of this act is generally classified as a misdemeanor. However, if the defendant violated the Act with the actual intent to defraud or mislead, the classification of the offense is elevated to a felony. More...
 
MISTAKE OF FACT AS A DEFENSE
 
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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