| PARDON PROCEDURES |
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| Whether a defendant is eligible for a pardon by a state's governor generally depends upon his or her status with regard to the sentence that was imposed by a trial court. The governor may request a pardon for the defendant from the state's parole board. The parole board is then required to consider the pardon for the defendant. More... |
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| REVOCATION OF PAROLE |
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| A prisoner who is granted parole is required to abide by all the terms and conditions of his or her parole. If the prisoner violates any of the terms and conditions of his or her parole or if the prisoner commits a criminal offense while on parole, the prisoner's parole may be revoked. More... |
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| NATIONAL SECURITY OFFENSES |
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| The national security of the United States includes national defense, foreign intelligence, counterintelligence, international security, and foreign relations. When national security matters arise during a federal criminal prosecution, the Department of Justice must coordinate the prosecution with officials from the intelligence, military, and foreign affairs communities.More... |
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| FEDERAL HABEAS CORPUS PETITIONS |
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| A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself. An attorney or a "next friend" of the prisoner may file the petition on behalf of the prisoner.More... |
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| JURY INSTRUCTIONS ON DEFENSE THEORIES |
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| If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.More... |
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