| FEDERAL HABEAS CORPUS RELIEF |
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| A state prisoner who has been incarcerated for a criminal offense by a state court may challenge his or her conviction by filing a petition for habeas corpus relief in a federal court. The federal court has jurisdiction over the prisoner's custody in a state correctional institution if the incarceration constitutes a violation of the United States Constitution or the laws of the United States. The prisoner's federal habeas corpus petition seeks to secure the release of the prisoner from an unlawful custody. However, in order to be able to file the federal habeas corpus petition, the prisoner must be in custody, the custody must be unlawful, and the prisoner must have exhausted his or her state remedies.
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| RELEASE ON PAROLE |
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| If a state's parole board grants parole to a prisoner, custody of the prisoner is generally transferred to the state's parole board prior to the prisoner's release on parole. The prisoner is usually transferred to a residential facility or a halfway house, during which time the prisoner continues to receive credit for good conduct time. More... |
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| JURY INSTRUCTIONS ON THE EVIDENCE |
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| 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 determine the weight that is to be given to the prosecution's evidence and whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. In order to make its determination, the jury is given instructions by a trial court. More... |
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| Unlawful Flight Offenses |
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| It is unlawful to flee to avoid custody or confinement, flight warrants, to avoid giving testimony, or to avoid service of process. The penalties associated therewith vary in duration and severity. More... |
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| Criminal Liability Under the Comprehensive Environmental Response, Compensation, and Liability Act |
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| Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances. More... |
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