Federal Criminal Law: EPO Study Guide

EXAM 5 STUDY GUIDE

• Missing EPOs: Missing probation officer cases.
• Federal Criminal Law: Three federal criminal law topics (hopefully covered Tuesday). Search warrants relating to EPOs.
• EPO: Conspiracy: Two or more people in agreement to commit a crime. At least two people whose hearts beat as one, with an undercover agent not counting toward the required two. A person with the mental capacity may not be counted.
• EPO: Knowledge and Intent: Defendant must know the conspiracy and its purpose. Must know one other person, but not necessarily the identity, number, or role of all. Must have intent to participate in the conspiracy to succeed. Proof of the plan or approval of the plan is not enough to prove intent.

EPO: Agreements for Conspiracy (18 U.S.C. § 371)

• Agreement: An agreement to violate the law or defraud the US is criminal, but must require an overt act to occur. Agreement is not required to be formal or put into words. Often established through circumstantial evidence.
• Relationships: Relationships of individuals within the conspiracy can help show proof.
• Presence & Act: Mere presence at the scene is not sufficient, along with that one act done by one conspiring party suffices for proof of conspiracy.

Overt Acts in Conspiracy

• The function is to move from the thought stage of a conspiracy to an action. 
• The act must be committed by a member of the conspiracy after the agreement. 
• One act by one member suffices.
• The act does not need to be criminal in nature (ex: buying a ski mask).

Withdrawer's or Late Joiner's Criminal Liability

• Late Joiners: Anyone who joins after the conspiracy starts, but before it ends. They are not required to commit an overt act, but they are responsible for actions that occur after joining the crime.
• Withdrawal: Requires an affirmative act that breaks the agreement and communicates to co-conspirators or police.  Actions before joining can still be included in the trial for context.

Elements of 18 U.S.C. § 641 (Theft)

• Elements: Voluntary, intentional, knowing theft of US property.
• Example: The taking of a US government vehicle, with subsequent modification, including removing the VIN, makes the defendant guilty of theft, as it proves intent.

Federal Court Procedures

• Federal District Court and Magistrate Courts: Structure and duties of the Federal courts.
• Circuit Courts: One step below the Supreme Court, reviewing appeals from district courts. 
• District Courts: Hold trials, and have jurisdictions specified by federal appellate courts.

Obtaining Evidence (Brady, Giglio)

• Brady Doctrine: Governments must disclose any exculpatory (favorable) evidence that the government is aware of.
• Giglio Rule: Government must disclose evidence that could impeach a government witness.
• Jenkes Act and Federal Rule 26.2: To ensure fairness, the government must provide prior statements from witnesses to the defense. Helps in cross-examination of witnesses.
• US Examples: Examples of how the rules are applied.

Formal Accusations

• Violation notice/citation: Class B/C or Infraction (smaller offenses). These are accusations of a petty offense.
• Charges & Petty Offense: These are formal charges.

Other Criminal Procedures

• Criminal complaint: A formal document that initiates criminal proceedings. Criminal complaints and criminal informations are commonly used to present a case before the court for the purpose of initiating a process of discovery.
• Criminal information: Used for felonies with waivers (or for Class A, B, or C misdemeanors.)
• Criminal Indictment: Needed for a capital offense (felony that may result in the death penalty) or felony.

False Identification Crime Control Act (18 U.S.C. §1028)

• General Summary: Knowingly making, having, or transferring false IDs is unlawful.
• Summary: Knowingly and wrongfully having, transferring, or creating a fake ID
• Offenses: Various offenses related to false identification, with differing penalties due to factors like the intent and seriousness of the crime or the illegal activity facilitated.
• Penalties: Types of penalties and corresponding fines and imprisonment.

National Stolen Property Act (18 U.S.C. § 2314)

• Elements: Crime involving theft or possession of things stolen from the US Government, resulting in an intentional and knowing act.

Mail Fraud Statute (18 U.S.C. § 1341)

• Elements: Must involve mail service, intent concerning the mail, and the mailing of the item.

Wire Fraud Statute (18 U.S.C. § 1343)

• Elements: Must involve electronic communications, intent concerning the communication, and the act of using communication to perpetrate a crime.

Methods to Produce Defendant Appearance

• Warrantless Arrest: When probable cause exists to believe a felony or misdemeanor occurred in their presence.
• Arrest with Warrant: The officer has obtained a warrant and is making an arrest.
• Criminal Complaint: Officer writes the complaint, swears to it, and requests an arrest warrant from the magistrate.
• Information: The prosecution presents information to a magistrate judge, who then issues an arrest warrant.
• Indictment: Defendant was indicted by the grand jury, court clerk will get the indictment.

Criminal Proceedings (Removal, Initial, Detention)

• Procedures Prior to Initial Appearance: Booking, fingerprinting, photography, transport to approved facility. Notify Pretrial Services Office of arrest and location. Preparing the necessary documents.
• Initial Appearance: Providing defendant's right to know the charges, right to counsel, right to remain silent. Possible delays for medical reasons or other extenuating circumstances.

Detention Hearing

• Decide if defendant gets pre-trial release or is detained.

Preliminary Hearing & Arraignment

• Preliminary Hearing: Government must present evidence to convince the court of probable cause. Defendant has rights of representation, presentation of evidence, and questioning of witnesses.
• Arraignment: Purpose is to ensure defendant has a copy of the indictment/information. Defendant learns the charges and the potential penalties. Allows defendant to enter a plea.

Grand Jury

• Function: Independent body that reviews evidence to determine if enough probable cause exists to proceed with a felony prosecution. It has broad powers in its jurisdiction to investigate, and investigate crimes within its jurisdiction.

Grand Jury Subpoenas

• Types: Subpoena of witnesses to appear and testimony, and Subpoena of documents (Duces Tecum).
• Uses in Grand Jury Procedures: Specific items sought, including corporation records, communications data, etc.

Notifying Foreign Nationals

• Vienna Convention on Consular Relations: Procedures for notifying foreign nationals during arrest. 
• Basic Rule: If nation is not on the mandatory notification list, the foreign national must be notified of their rights to access their consulate. 
• Special Rule: If the nation is on the mandatory notification list, the consulate must be notified regardless of the prisoner's wishes.

Procedures for Air Piracy or Violent Crime

• LEO Actions: Officers should know the identities, and locations of all armed people on board and should respond based on the context of the situation.
• Procedures Procedures for covert deployment for safety, and other circumstances to consider.
• Level Considerations Determining threat level (verbal, physical, life threatening).
• Aircraft Countermeasures: Procedures to follow: Ensuring security of the flight deck, ensuring the integrity of the aircraft, and understanding the mission.
• Responding to Threats: Tactical considerations for an act of air piracy or crime of violence, including handling an IED.

Terrorism & Extremism

• Terrorism: Activities, threats, and violent actions.
• Targeted Violence: Acts aimed at a specific individual or group and lacking ideological or political motives.
• Extremism: Any view that is far outside of society's norm.
• Foreign Terrorist Organization: A group that is explicitly a foreign threat organization
• Homegrown Violent Extremist: Someone based in the US.
• Violence Pathway Overview: Steps involved in radicalization and terrorism.
• Terrorism Prevention & Response: Investigative strategies and preventative measures.
• Emergency Handling: Communication, documentation, and immediate responses to terrorist threats.

Aircraft Countermeasures

• Special Aircraft Jurisdiction: Legal authority of the US for crimes committed on aircraft.
• Federal Good Samaritan Act: Scope of employment when LEOs act to protect others from violence. 
• Aviation and Transportation Security Act (ATSA): Avoiding liability for officers taking action.
• Tactical Considerations for Air Piracy or Crime: Responsibilities and identification of threats or acts of violence on board aircraft.

Search Warrants

• Elements of a Search Warrant: Legal considerations for conducting a search warrant and identification of those duties that are required.
• Operational (information) Planning: Gathering evidence needed to execute a search warrant.
• Proper Search Procedures: Techniques for confronting, frisking, and controlling individuals involved in the search (occupants).
• Roles of Teams (Entry, Cover, Search): Explaining the roles for the search team, and means of carrying out those roles.