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Criminal Law Newsletter

Prosecutorial Misconduct
 
Prosecutorial misconduct is where the prosecutor has engaged in some type of improper behavior before or during a case. For the prosecutor to be guilty of misconduct she must have knowingly engaged in an improper act. If the prosecutor used evidence that she believed was authentic and real although it was not, she would not be guilty of prosecutorial misconduct. There are numerous instances that constitute misconduct. Some of the instances of misconduct include:More...
 
A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL
 
The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trialMore...
 
FEDERAL LAWS REGARDING HOSTAGE-TAKING
 
Although the policy of the federal government is that most hostage-taking offenses within the territorial jurisdiction of the United States should be handled by state and local authorities, there are situations in which the federal government may be involved in prosecuting such offenses. These situations include the taking of a federal official or an international guest as a hostage, a demand against the United States regarding the hostage-taking, or when international terrorists are the perpetrators. More...
 
MOTIONS IN LIMINE
 
A motion in limine is any motion that is filed either before or during a trial and that seeks to exclude prejudicial evidence before it is offered into evidence. A motion in limine usually seeks to exclude evidence of another party. More...
 
SENTENCING HEARINGS
 
When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial.More...
 
 


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