Kazdoy, Alan C - Untitled 1

Criminal Violations of the Federal Mine Safety and Health Act of 1977

The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of MSHA is...

PARDONS

A pardon is an act on the part of a state's governor that exempts a defendant from punishment that has been assessed by a trial court. A pardon is also known as an act of clemency. State constitutions generally set forth a governor's power to...

RELIEF FROM JUDGMENTS REGARDING COMPETENCY TO STAND TRIAL

Criminal Law & Procedure:Appeals: Right to Appeal

Criminal Law & Procedure: Habeas Corpus

A defendant does not generally have a right to appeal a judgment from a...

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...

Disorderly Conduct and Public Intoxication

A mistake of law is generally not a defense to a criminal offense. A mistake of law means that a defendant was ignorant of the provisions of the law regarding the offense. The fact that the defendant did not know the law is therefore not a...