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JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense.

Types of Pleas and Withdrawal of a Guilty Plea

When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the accused does not accept responsibility for the charged offense. After the accused has entered a not guilty plea, the matter is set for trial. Pre-trial procedures and trial preparations then begin.

Hobbs Act Generally

The elements with respect to a violation of the Hobbs Act are as follows: 1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.

Embezzlement and False Entries within Financial Institutions

There are numerous types of financial institutional fraud. Some of the types include both embezzlement and false entries made by representatives of financial institutions.

SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS

When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused.