George F. Hildebrandt
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Posts tagged "felony"

Murder By Extension: The Felony Murder Rule

It may seem unbelievable that a person can go to prison for murder when the authorities know that a different person killed the deceased and these facts are presented to the jury. However, it is possible for a person under certain circumstances to be legally charged with murder based on another person killing the victim, under what is commonly known as the felony murder rule. In some states, the felony murder rule has led to some outrageous convictions, including one case in which a man was convicted for a murder committed by others while he was asleep in bed at the time of the murder.

Federal Prosecution for Seeking Re-Entry into the United States

United States immigration policies have been scrutinized in the media in the lead up to the 2016 presidential elections. Most of the discussions have revolved around the action or inaction of the federal government when it comes to deporting people who come into the United States unlawfully. In a 2013 report, Human Rights Watch cited the federal crimes of illegal entry and illegal re-entry as the most federally prosecuted crimes. Many people who try to enter the United States do so to be re-united with family members or in order to escape bad conditions in their home country. Therefore, even after facing deportation and being removed from the country, many people take a risk to return unlawfully, and this could lead to being criminally prosecuted.

Convicted Felons Can Transfer Guns to Approved Third Parties: Henderson v. United States

When an individual is convicted of a felony, he or she loses his right to lawfully possess firearms. If an individual is convicted of a felony drug offense or other felony, he is barred by federal law from possessing guns. The recent Supreme Court case  Henderson v. United States involved the question of whether or not convicted felons are allowed to dictate where their firearms go after their conviction. Can a felon sell his or her previously seized firearms, or does the felon's gift or sale of those firearms constitute the possession that is prohibited by federal law? The Court ruled that a convicted felon can tell federal agencies to transfer his guns to third parties unless this transfer would allow the felon to later control or direct the use of those firearms.

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