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.

JURY INSTRUCTIONS ON DEFENSE THEORIES

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.

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.

Factual Stipulations in Criminal Trials

A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial.

Insurance Fraud and Federal Prosecutions

Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes.