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PARDONS

A pardon is an act on the part of a state's governor that exempts a defendant from punishment that has been assessed by a trial court. A pardon is also known as an act of clemency. State constitutions generally set forth a governor's power to grant pardons. Some state constitutions allow the governor to grant pardons in all criminal cases, except for cases involving treason or impeachment.

OFFENSES INVOLVING PUBLIC SERVANTS

A public servant is a governmental officer, employee, or agent, a juror or a grand juror, an arbitrator or a referee, an attorney or a notary public, a political party official or a political candidate, or anyone who is performing a governmental function. A person is a public servant even if he or she has only been elected to office and has not assumed the duties of his or her office.

Food Drug and Cosmetic Act

A corporation, a corporate officer, a corporate director or a corporate employee may be charged with violating the Federal Food, Drug, and Cosmetic Act. The Act prohibits the misbranding and adulterating of food, drugs, or cosmetics. A violation of this act is generally classified as a misdemeanor. However, if the defendant violated the Act with the actual intent to defraud or mislead, the classification of the offense is elevated to a felony.

FEDERAL ENFORCEMENT OF CHILD SUPPORT

The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both.

Best Evidence Rule

The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent.