CRIMES COMMITTED ABOARD AIRCRAFT

A person is guilty of a federal offense if he or she commits certain crimes aboard an aircraft. Such crimes include murder, attempted murder, manslaughter, attempted manslaughter, maiming, sexual abuse, assault, embezzlement, theft, receiving stolen property, and robbery. These offenses are punishable as federal offenses, even if they are not connected with aircraft piracy or attempted aircraft piracy.

Recusal of Judges

The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself.

An overview of the Jencks Act

The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal.

Severance of Offenses and Defendants

If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance.

Video Surveillance

Video surveillance may be conducted for investigative reasons for criminal matters. Because it has been found that video surveillance is covered under the Fourth Amendment to the United States Constitution, an individual has an expectation of privacy that may not be violated.