Elements of the Crime : Entrapment Defense
A recent Court of Appeals decision succinctly explained the defense of entrapment as follows: “Entrapment is a criminal defense, and the...
Court Rules Defendants Not Entrapped When They Were Already in Violation of the MMMA
People v. Carruthers In this medical marijuana action, the trial court’s erroneous ruling, which dismissed this case against defendants...
Elements of the Crime: Self Defense
Self defense is an affirmative defense to a criminal charge -- most often assault and battery or a varient thereof. A Defendant may...
Elements of the Crime: Reckless Driving
A criminal charge is made up of elements. When a defendant is charged with a crime, the prosecutor must prove each element beyond a...
Court Finds Police "Knock & Talk" Tactic Does Not Violate 4th Amendment
People v. Frederick The court held that the police officers’ use of the “knock-and-talk” procedure did not violate the defendants’ Fourth...
Elements of the Crime: Domestic Assault (aka Domestic Violence)
Below are the jury instructions for Domestic Assault, more commonly referred to as Domestic Violence. Jury instructions show the...