7899 Taft Street
Merrillville, Indiana 46410
1 (219) 736-6500
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NECESSITY AS A DEFENSE

A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good."

JURY INSTRUCTIONS ON THE EVIDENCE

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.

Customs Fraud

What Constitutes Customs Fraud Fraud is defined as an intentional perversion of the truth to induce another individual into believing or doing something that they would not otherwise do. Fraud is an intentional crime.

THE FEDERAL "THREE STRIKES" LAW

The Federal "Three Strikes" Law was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The "Three Strikes" Law requires enhancement of sentencing for a defendant who has been convicted of two prior felonies.

Criminal Violations of the Federal Mine Safety and Health Act of 1977

The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of the MSHA is claimed, an investigation is conducted regarding the allegations of the violation. If a criminal division determines that a case referred to it warrants prosecution, the case will be referred to the office of the United States Attorney.

219-736-6500

7899 Taft Street
Merrillville, Indiana 46410

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