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Criminal Law Newsletters

Brady Materials and Impeachment Evidence

Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure.

BRIBERY

A person commits the offense of bribery when he or she intentionally or knowingly offers to another person or solicits or accepts from another person any benefit in consideration of his or her decision, vote, or exercise of discretion as a public servant, a political party official, or a voter.

Judicial Notice

Judicial notice is the knowledge or recognition that a fact is true without evidence to support its truth. An example of a fact that a court may take judicial notice of is that the sky is blue. Most people know and understand that the sky is blue and no proof is needed to establish that the sky is blue.

THEFT OF SERVICE

A person commits the offense of theft of service when he or she, with the intent to avoid payment for a service that is provided only for compensation: (1) intentionally or knowingly secures the performance of the service by deception, threat, or false token; (2) intentionally or knowingly diverts the service to his or her own use; (3) holds personal property beyond the expiration of a rental period; or (4) intentionally or knowingly obtains the performance of the service by agreeing to provide compensation and fails to make payment after receiving notice of a demand for payment.

Wiretaps and Electronic Surveillance Devices

Under the United States Code wiretaps are permitted after a proper application has been made for their usage. A wiretap is defined as a form of electronic surveillance whereupon law enforcement officers listen to phone conversations or other communications of certain individuals. States have enacted their own statutes that cover the procedures and issuance of permits to conduct a wiretap.

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