Criminal Law Newsletters

Aiding and Abetting Illegal Aliens and Employment of Illegal Aliens

An illegal alien is a person born in a foreign country who has come into the United States by way of improper channels. Illegal aliens may enter the United States by crossing the Mexican or Canadian border. They are also smuggled in by means of transportation by roadway or waterway.

Closing Arguments During a Criminal Trial

The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process.

HUNG JURY

A jury is required to render a unanimous verdict in a criminal trial. If the jury cannot reach a unanimous verdict, the jury is considered to be a hung jury. A trial court must declare a mistrial in the event of a hung jury.

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.

RECORDS ON APPEAL

In order for an appellant to prosecute an appeal, a record of a trial court's proceedings must be filed with an appellate court. The reason for the trial court's record is that the appellate court does not conduct an evidentiary hearing during an appeal. It does not take testimony or admit evidence. Its role is to examine the trial court's proceedings in accordance with the record in order to determine whether the trial court committed any errors.