Autor: mcgraw
Some people simply have cultivated a reserved personality since childhood, their trust hard to gain. Their instincts tell them to hold back and usually check on a person’s background before acknowledging that person worthy of a responsibility or acceptance. A positive outcome of this action is that they may gain few acquaintances and fewer friends but majority of which are true ones.
A detailed record is usually the most persuasive tool in proving ones worth. Internet may be one good source in acquiring much information. Among the records which have been used in years as a dependable reference of character is each individuals criminal record as this record gets regularly updated.
Background check helps prevent recurrence of violation from the same person. USA law enforcers gave their countrymen the privilege to probe into the criminal and court documents of the locations a suspicious individual stayed in.
Two kinds of criminal records accessible to the population of Canada and US States are On Premise County Courthouse and Database Criminal Search. The former can be relied upon for updates while the latter for the wide coverage for criminal record verification. On Premise County Courthouse records are acknowledged for their precision. The information accumulated from Database Criminal Search is a general knowledge or confirmed by majority of sources.
If Traffic Offenses, Misdemeanors or Felonies is the particular subject of research, county courthouses could be the first place of inquiry. However, one must check first a states classification of crimes. Example in one state there may be a number of violations included under Misdemeanors that are disseminated to a different category on another state. In some states too Misdemeanors falls under a category, not a category itself.
Each particular search could be easier accomplished when one knows where to look. Popular group of source choices is from nationwide, statewide, federal and countywide criminal records.
For more information about this article and its author you can check out Criminal Background Check for more information
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Tuesday, March 23, 2010
Criminal Law is The Set of Acceptable Limits of Conduct in Society
Autor: hunter
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
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Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
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http://www.articlecircle.com/legal/criminal-law-is-the-set-of-acceptable-limits-of-conduct-in-society.html
On-line Solicitation of a Minor For Sexual Purposes: The Legality Behind The Charge
Autor: levelten
On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.
The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.
Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021:
ONLINE SOLICITATION OF A MINOR (Texas Penal Code 33.021)
(a) In this section:
(1)"Minor" means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.
(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.
(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
DEFENSES TO AN ON-LINE SOLICITATION CHARGE
The following are defenses to the On-Line Solicitation of a Minor per Section 33.021 of the Texas Penal Code, and are contained in paragraph (e) of this statute:
(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.
The following are not defenses to this state statute of on-line solicitation, as per the statute itself, Section 33.021. This portion of the statute actually prevents a person from claiming that he was not serious about the content of the communication with the minor:
(d) It is not a defense to prosecution under Subsection (c) that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission of the offense.
Source: Free Articles: http://www.articlecircle.com/legal/national-state-local/on-line-solicitation-of-a-minor-for-sexual-purposes-the-legality-behind-the-charge.html
On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.
The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.
Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021:
ONLINE SOLICITATION OF A MINOR (Texas Penal Code 33.021)
(a) In this section:
(1)"Minor" means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.
(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.
(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
DEFENSES TO AN ON-LINE SOLICITATION CHARGE
The following are defenses to the On-Line Solicitation of a Minor per Section 33.021 of the Texas Penal Code, and are contained in paragraph (e) of this statute:
(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.
The following are not defenses to this state statute of on-line solicitation, as per the statute itself, Section 33.021. This portion of the statute actually prevents a person from claiming that he was not serious about the content of the communication with the minor:
(d) It is not a defense to prosecution under Subsection (c) that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission of the offense.
Source: Free Articles: http://www.articlecircle.com/legal/national-state-local/on-line-solicitation-of-a-minor-for-sexual-purposes-the-legality-behind-the-charge.html
What does a criminal attorney do?
Autor: Jwilliams
A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one's property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.
If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.
Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices--You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn't you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.
What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.
Source: Free Articles
sources from: http://www.articlecircle.com/legal/national-state-local/what-does-a-criminal-attorney-do.html
A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one's property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.
If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.
Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices--You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn't you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.
What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.
Source: Free Articles
sources from: http://www.articlecircle.com/legal/national-state-local/what-does-a-criminal-attorney-do.html
Criminal Defense Attorney - What Are The Benefits To Using One
By: Andrew Stratton
When facing a criminal charge, there are three legal representation options that an individual must choose from: self representation, utilize a court-appointed lawyer or hire a private criminal defense attorney. The smallest percent choose self-representation, which is the most risky option. In addition to lacking experience and access to legal material, self-defendants do not possess the objectivity required to present their case.
While some may mistakenly believe that since they plan to plead guilty they don't need a lawyer, they are forgetting that a lawyer might well be able to figure out options or to reduce the sentencing. There are many factors to take into account when determine whether it is best for a defendant to plea bargain or go to trial. A professional lawyer will be able to analyze and evaluate all facts surrounding the case including the evidence held by the state, testimony from witnesses and physical evidence.
Court-appointed criminal defense attorneys are not available to everyone. Each state and municipality has guidelines to determine eligibility for full or partial legal representation. These guidelines are based on the income of the defendant and take into account only their sole income, not that of a spouse or other relative.
While it is commonly assumed that state attorneys are not as effective as private attorneys, studies show that private defense attorneys, on average, only produce marginally better conviction to dismissal rates. Public defenders have the advantage of extensive experience in and knowledge of a specific court system, including relationships with most parties involved in a trial.
The disadvantage is that a defendant is not able to select a public attorney. And although there are ways to request a change of public defender, it can be very difficult to successfully do so. Defendants lack the option of interviewing potential candidates and select one with whom they feel comfortable and communicate and work well with.
This is an important part of the process when selecting a private attorney. A defendant should interview several criminal defense attorneys, having prepared plenty of questions in advance. It is important to select an experienced trial lawyer who has defended against similar criminal charges as those you are facing. Resist hiring an acquaintance or a cheaper lawyer who specializes in another area of legal practice.
An experienced criminal defense attorney will have access to research and knowledge of related trial outcomes that will allow them to be able to develop a comprehensive strategy.
Read more: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053#ixzz0j39l4z06
Under Creative Commons License: Attribution No Derivatives
sources from: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053
When facing a criminal charge, there are three legal representation options that an individual must choose from: self representation, utilize a court-appointed lawyer or hire a private criminal defense attorney. The smallest percent choose self-representation, which is the most risky option. In addition to lacking experience and access to legal material, self-defendants do not possess the objectivity required to present their case.
While some may mistakenly believe that since they plan to plead guilty they don't need a lawyer, they are forgetting that a lawyer might well be able to figure out options or to reduce the sentencing. There are many factors to take into account when determine whether it is best for a defendant to plea bargain or go to trial. A professional lawyer will be able to analyze and evaluate all facts surrounding the case including the evidence held by the state, testimony from witnesses and physical evidence.
Court-appointed criminal defense attorneys are not available to everyone. Each state and municipality has guidelines to determine eligibility for full or partial legal representation. These guidelines are based on the income of the defendant and take into account only their sole income, not that of a spouse or other relative.
While it is commonly assumed that state attorneys are not as effective as private attorneys, studies show that private defense attorneys, on average, only produce marginally better conviction to dismissal rates. Public defenders have the advantage of extensive experience in and knowledge of a specific court system, including relationships with most parties involved in a trial.
The disadvantage is that a defendant is not able to select a public attorney. And although there are ways to request a change of public defender, it can be very difficult to successfully do so. Defendants lack the option of interviewing potential candidates and select one with whom they feel comfortable and communicate and work well with.
This is an important part of the process when selecting a private attorney. A defendant should interview several criminal defense attorneys, having prepared plenty of questions in advance. It is important to select an experienced trial lawyer who has defended against similar criminal charges as those you are facing. Resist hiring an acquaintance or a cheaper lawyer who specializes in another area of legal practice.
An experienced criminal defense attorney will have access to research and knowledge of related trial outcomes that will allow them to be able to develop a comprehensive strategy.
Read more: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053#ixzz0j39l4z06
Under Creative Commons License: Attribution No Derivatives
sources from: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053
Federal Criminal Defense Attorneys, the men to turn to
The mission of a nation's federal criminal defense attorneys is to ensure justice and due process for persons accused of crime or other misconduct. A federal criminal defense attorney is a lawyer specializing in the defense of individuals and companies charged with criminal conduct. Federal criminal defense attorneys deal with the issues surrounding the apprehension, searches of client or property, and arrest of their clients in view of the Fourth Amendment, as well as any statements the client may have made, in view of the Fifth Amendment.
Federal criminal defense attorneys also deal with the substantive issues of the crimes with which his or her clients are charged. Federal criminal defense attorneys are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes like felonies are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Federal criminal defense attorneys
actively pursue their client's cause through all stages of a criminal prosecution.
Federal criminal defense attorneys who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis. The work of a federal criminal defense attorney can be intimidating for some lawyers as the spectre of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.
Federal criminal defense attorneys can help people who have been accused of crimes in areas such as white collar crime, SEC violations, tax crimes, asset forfeiture, fraud, drug possession, drug trafficking, conspiracy, racketeering (RICO cases), money laundering, theft, extradition, and public corruption. Most experienced federal criminal defense attorneys are admitted to practice before the United States Supreme Court, and all lower Federal Courts, including U.S. Tax Court. A major number from the country’s federal criminal defense attorneys are interested in representing clients whose professional reputations, assets, and social status would be at risk if convicted of a serious white collar crime. This includes, but is not limited to, stockbrokers, bank officers, CEO's, attorneys, physicians, entrepreneurs, and other trade professionals.
Good federal criminal defense attorneys investigate every theory, consider every approach, and pursue every ethical strategy under the law as they analyze the often complex cases. They mount the defense case with a relentless commitment to protecting the interests of their clients.
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Federal criminal defense attorneys also deal with the substantive issues of the crimes with which his or her clients are charged. Federal criminal defense attorneys are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes like felonies are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Federal criminal defense attorneys
actively pursue their client's cause through all stages of a criminal prosecution.
Federal criminal defense attorneys who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis. The work of a federal criminal defense attorney can be intimidating for some lawyers as the spectre of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.
Federal criminal defense attorneys can help people who have been accused of crimes in areas such as white collar crime, SEC violations, tax crimes, asset forfeiture, fraud, drug possession, drug trafficking, conspiracy, racketeering (RICO cases), money laundering, theft, extradition, and public corruption. Most experienced federal criminal defense attorneys are admitted to practice before the United States Supreme Court, and all lower Federal Courts, including U.S. Tax Court. A major number from the country’s federal criminal defense attorneys are interested in representing clients whose professional reputations, assets, and social status would be at risk if convicted of a serious white collar crime. This includes, but is not limited to, stockbrokers, bank officers, CEO's, attorneys, physicians, entrepreneurs, and other trade professionals.
Good federal criminal defense attorneys investigate every theory, consider every approach, and pursue every ethical strategy under the law as they analyze the often complex cases. They mount the defense case with a relentless commitment to protecting the interests of their clients.
Retrieved from "http://www.articlesbase.com/news-and-society-articles/federal-criminal-defense-attorneys-the-men-to-turn-to-1721342.html"
(ArticlesBase SC #1721342)
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Corporate Defense: Laughter as a "Defense" Mechanism
A lighthearted article in Legal Times by Michael D. Jones of Kirkland & Ellis, “When Faced With an Angry Jury, Laughter May Be the Best Defense,” acknowledges that this era of anger over Wall Street bailouts and rampant corporate greed or fraud is an especially bad one for counsel who defend corporations. The author offers a potential answer to juries’ outrage—laughter. The article notes the an anti-business coverage in the news media and a backlash by juries, citing a February verdict against Novartis in Alabama—a notorious pro-corporate state—for $78.4 million, including $50 million in punitive damages, for overcharging Medicare for prescription drugs.
The article cites a 2004 study which found that angry or irate jurors were the “least influenced” by the defense’s case, because such jurors tend to jump to conclusions and act on them. Such angry jurors are less likely to favor the less sympathetic party or the party with more nuanced arguments—which is frequently the corporate defendant. It continues to note that traditional assumptions regarding jurors may not apply in today’s anti-corporate climate, and that white-collar workers may be just as angry as blue-collar workers. In view of this reality, counsel with corporate clients must seek to diffuse or redirect this anger.
The author concludes that attorneys defending corporations should consider using trial tactics which include humor and emotional redirection. The American Psychological Association says that humor is a mechanism to control anger. The author notes that it is difficult for people to be angry and to laugh at the same time. Also, self-deprecating references by counsel force jurors to acknowledge counsel as a human being and in turn can generate more goodwill for one’s client
However, counsel considering injecting humor into a trial have to be careful that it does not backfire. Humor at the expense of a litigant or witness may cause the jury to sympathize with the opposing party. Timing is also critical, and joking during serious moments can have serious consequences.
The article also advocates emotional redirection techniques, such as persuading a jury which is determined to help a victim that there is more than one victim in the case. It concludes that in this time of anti-corporate anger, attorneys need to develop trial strategies for dealing with anger—advice not to be taken lightly.
sources from: http://www.federalcriminaldefenseblog.com/articles/arguments/
The article cites a 2004 study which found that angry or irate jurors were the “least influenced” by the defense’s case, because such jurors tend to jump to conclusions and act on them. Such angry jurors are less likely to favor the less sympathetic party or the party with more nuanced arguments—which is frequently the corporate defendant. It continues to note that traditional assumptions regarding jurors may not apply in today’s anti-corporate climate, and that white-collar workers may be just as angry as blue-collar workers. In view of this reality, counsel with corporate clients must seek to diffuse or redirect this anger.
The author concludes that attorneys defending corporations should consider using trial tactics which include humor and emotional redirection. The American Psychological Association says that humor is a mechanism to control anger. The author notes that it is difficult for people to be angry and to laugh at the same time. Also, self-deprecating references by counsel force jurors to acknowledge counsel as a human being and in turn can generate more goodwill for one’s client
However, counsel considering injecting humor into a trial have to be careful that it does not backfire. Humor at the expense of a litigant or witness may cause the jury to sympathize with the opposing party. Timing is also critical, and joking during serious moments can have serious consequences.
The article also advocates emotional redirection techniques, such as persuading a jury which is determined to help a victim that there is more than one victim in the case. It concludes that in this time of anti-corporate anger, attorneys need to develop trial strategies for dealing with anger—advice not to be taken lightly.
sources from: http://www.federalcriminaldefenseblog.com/articles/arguments/
Federal Internet Crime Lawyers
if you have been arrested for allegedly committing an Internet crime, you need the representation of an experienced federal Internet fraud lawyer at the Law Offices of Joseph Low. Mr. Low and his dedicated staff work as a team to aggressively defend your rights to keep you out of jail or have your sentence reduced. Contact the Law Offices of Joseph Low today to discuss your Internet or computer crime case with a legal professional.
Internet fraud is a crime that takes place on a computer through message boards, chat rooms, emails, and a variety of other places on the Internet. The penalty for violating Internet fraud laws may include a monetary fine and a prison term of up to twenty years.
The following are some examples of Internet fraud and Internet crimes:
Computer hacking
Conducting illegal monetary transactions
Copyright theft
Cyberstalking
Destroying computer information
Distributing and spreading a computer virus
Fraudulently obtaining computer data
Identity theft
Illegal money making plots
Illegally obtaining confidential national security data
If you have been charged with Internet fraud or Internet crimes, you should contact an experienced Internet fraud attorney at the Law Offices of Joseph Low. Our computer crime defense lawyers are dedicated to providing all criminal defense clients with precise legal advice and customized defense strategies.
sources from: http://www.californiafederalcriminallawyers.com/federal_internet_crime.shtml
Internet fraud is a crime that takes place on a computer through message boards, chat rooms, emails, and a variety of other places on the Internet. The penalty for violating Internet fraud laws may include a monetary fine and a prison term of up to twenty years.
The following are some examples of Internet fraud and Internet crimes:
Computer hacking
Conducting illegal monetary transactions
Copyright theft
Cyberstalking
Destroying computer information
Distributing and spreading a computer virus
Fraudulently obtaining computer data
Identity theft
Illegal money making plots
Illegally obtaining confidential national security data
If you have been charged with Internet fraud or Internet crimes, you should contact an experienced Internet fraud attorney at the Law Offices of Joseph Low. Our computer crime defense lawyers are dedicated to providing all criminal defense clients with precise legal advice and customized defense strategies.
sources from: http://www.californiafederalcriminallawyers.com/federal_internet_crime.shtml
California Federal Criminal Defense Lawyers
At the Law Firm of Joseph H. Low IV we are dedicated to fighting for the rights of the people. The accomplished federal criminal defense lawyers in the firm have successfully defended clients who have been charged with serious Federal crimes in California and throughout the country. Mr. Low is a respected criminal trial lawyer who has extensive experience defending clients and is known as a tough courtroom attorney. If you have been charged with a Federal crime, contact Joseph Low for a free and fair consultation.
If you have been accused of violating any of the crimes mentioned in United States Code Title 18 you are facing serious criminal federal charges. Penalties for Federal crimes are the most severe in the United States and, may include expensive fines, lengthy prison terms, and even the death penalty. Federal crimes in the United States are harshly and aggressively prosecuted, which makes it vital to hire experienced legal counsel to help you protect your rights.
In many situations a Federal offense may also be in violation of a State law. In a majority of these cases the defendant will be tried in a Federal court with a grand jury, and may also be tried at the State level.
If you have been charged with a Federal crime, your life may be at stake! You must seek the legal representation of a qualified Federal criminal defense lawyer who has experience defending cases in Federal Court. Joseph Low has extensive Federal criminal trial experience and is able to represent clients, not only in California, but nationwide.
Mr. Low was recently interviewed by Marc Holland, host of "America's Premier Lawyers" on Sky Radio. Click here to listen to the entire interview.
sources from: http://www.californiafederalcriminallawyers.com/
If you have been accused of violating any of the crimes mentioned in United States Code Title 18 you are facing serious criminal federal charges. Penalties for Federal crimes are the most severe in the United States and, may include expensive fines, lengthy prison terms, and even the death penalty. Federal crimes in the United States are harshly and aggressively prosecuted, which makes it vital to hire experienced legal counsel to help you protect your rights.
In many situations a Federal offense may also be in violation of a State law. In a majority of these cases the defendant will be tried in a Federal court with a grand jury, and may also be tried at the State level.
If you have been charged with a Federal crime, your life may be at stake! You must seek the legal representation of a qualified Federal criminal defense lawyer who has experience defending cases in Federal Court. Joseph Low has extensive Federal criminal trial experience and is able to represent clients, not only in California, but nationwide.
Mr. Low was recently interviewed by Marc Holland, host of "America's Premier Lawyers" on Sky Radio. Click here to listen to the entire interview.
sources from: http://www.californiafederalcriminallawyers.com/
Capital Punishment
The United States Supreme Court allowed states to reinstate capital punishment in 1976. In 2009, New Mexico became the 15th state to repeal the death penalty, in part because of budget considerations and the high cost of death penalty appeals.
Death sentences handed down by judges and juries in 2009 continued a trend of decline for seven years in a row, with 106 projected for the year. That level is down two-thirds from a peak of 328 in 1994, according to a report by the Death Penalty Information Center, a research organization that opposes capital punishment.
While death sentences are in decline, executions rose in 2009, according to the report. Fifty-two prisoners have been put to death in 2009, compared with 42 in 2007 and 37 in 2008.
On Dec. 8, 2009, Ohio prison officials executed a death row inmate, Kenneth Biros, with a one-drug intravenous lethal injection, a method never before used on a human.
Read More...
The new method, which involved a large dose of anesthetic, akin to how animals are euthanized, has been hailed by most experts as painless and an improvement over the three-drug cocktail used in most states, but it is unlikely to settle the debate over the death penalty.
While praising the shift to a single drug, death penalty opponents argue that Ohio's new method, and specifically its backup plan of using intra-muscular injection, has not been properly vetted by legal and medical experts and that since it has never been tried out on humans before, it is the equivalent of human experimentation.
But the United States Supreme Court refused to intervene and the procedure went largely as planned.
In 2009, some state legislatures have tried unsuccessfully to repeal the death penalty, with cost being a factor. An effort in Colorado failed in May. The lawmakers there focused on questions of deterrence, certainty or doubt in the age of genetic evidence, and, far from least in the mix, money in a time of shrinking government resources. Colorado has executed only one person since 1976.
The Colorado repeal bill was very much in keeping with what has become a national debate about the financial costs of the death penalty, especially as the recession hits state budgets hard. In Kansas, the Republican sponsor of a death penalty repeal proposal specifically cited cost-benefit analysis in tough times as a reason for rethinking capital punishment. The bill cleared a legislative committee and was sent back for more study, ending its chances of passage in 2009.
On June 2, the Supreme Court, which banned the execution of the mentally impaired in 2002, unanimously ruled that prosecutors in Ohio should have a new opportunity to prove that a death row inmate there was not retarded and thus was eligible to be executed. The prosecutors were not bound, the court said, by statements in court decisions issued before 2002 saying that he was retarded.
The month before, the court agreed to hear a capital case in Alabama involving a mentally impaired defendant, Holly Wood. The defense lawyer, with only a year of practice, had withheld evidence that his client was mentally retarded.
Even as the use of capital punishment has ebbed, another trend among judges has become evident. The number of fervent lonely dissents by judges on behalf of death row inmates has noticeably increased in the last decade, compared with previous years, according to a review of death penalty opinions by the New York Times and confirmed by experts in the field.
In dozens of capital cases, appeals court judges, some of whom have ruled in favor of the death penalty many times, have complained that Congress and the Supreme Court have raised daunting barriers for death row prisoners to appeal their convictions, and in many cases the judges have taken on their colleagues.
sources from: http://topics.nytimes.com/top/reference/timestopics/subjects/c/capital_punishment/index.html
Death sentences handed down by judges and juries in 2009 continued a trend of decline for seven years in a row, with 106 projected for the year. That level is down two-thirds from a peak of 328 in 1994, according to a report by the Death Penalty Information Center, a research organization that opposes capital punishment.
While death sentences are in decline, executions rose in 2009, according to the report. Fifty-two prisoners have been put to death in 2009, compared with 42 in 2007 and 37 in 2008.
On Dec. 8, 2009, Ohio prison officials executed a death row inmate, Kenneth Biros, with a one-drug intravenous lethal injection, a method never before used on a human.
Read More...
The new method, which involved a large dose of anesthetic, akin to how animals are euthanized, has been hailed by most experts as painless and an improvement over the three-drug cocktail used in most states, but it is unlikely to settle the debate over the death penalty.
While praising the shift to a single drug, death penalty opponents argue that Ohio's new method, and specifically its backup plan of using intra-muscular injection, has not been properly vetted by legal and medical experts and that since it has never been tried out on humans before, it is the equivalent of human experimentation.
But the United States Supreme Court refused to intervene and the procedure went largely as planned.
In 2009, some state legislatures have tried unsuccessfully to repeal the death penalty, with cost being a factor. An effort in Colorado failed in May. The lawmakers there focused on questions of deterrence, certainty or doubt in the age of genetic evidence, and, far from least in the mix, money in a time of shrinking government resources. Colorado has executed only one person since 1976.
The Colorado repeal bill was very much in keeping with what has become a national debate about the financial costs of the death penalty, especially as the recession hits state budgets hard. In Kansas, the Republican sponsor of a death penalty repeal proposal specifically cited cost-benefit analysis in tough times as a reason for rethinking capital punishment. The bill cleared a legislative committee and was sent back for more study, ending its chances of passage in 2009.
On June 2, the Supreme Court, which banned the execution of the mentally impaired in 2002, unanimously ruled that prosecutors in Ohio should have a new opportunity to prove that a death row inmate there was not retarded and thus was eligible to be executed. The prosecutors were not bound, the court said, by statements in court decisions issued before 2002 saying that he was retarded.
The month before, the court agreed to hear a capital case in Alabama involving a mentally impaired defendant, Holly Wood. The defense lawyer, with only a year of practice, had withheld evidence that his client was mentally retarded.
Even as the use of capital punishment has ebbed, another trend among judges has become evident. The number of fervent lonely dissents by judges on behalf of death row inmates has noticeably increased in the last decade, compared with previous years, according to a review of death penalty opinions by the New York Times and confirmed by experts in the field.
In dozens of capital cases, appeals court judges, some of whom have ruled in favor of the death penalty many times, have complained that Congress and the Supreme Court have raised daunting barriers for death row prisoners to appeal their convictions, and in many cases the judges have taken on their colleagues.
sources from: http://topics.nytimes.com/top/reference/timestopics/subjects/c/capital_punishment/index.html
Definition of Criminal Legal Terms
Accomplices: Any individual assisting a principal, the other person, in the commission of a crime is deemed an accomplice. While differing from the term accessory, an accomplice is generally actively present at the scene during the commission of the crime in question.
Alibi: A defendant or person under questioning for a crime may offer an alibi, or alternative explanation of their whereabouts and activities, which if upheld, will certify their inability participate during the commission of any crime or incident in question.
Burglary: In essence, the crime of burglary is composed of two elements. The first element is establishing the fact that a defendant is guilty of breaking and entering, with or without force, onto a property. The second, most crucial element is that the illegal entry onto a property or building was with the intention to commit any felony.
Entrapment: The standard legal definition of entrapment involves the acts of government officials influencing an individual to commit a crime they were not predisposed to commit previously. Over time, this definition has undergone significant and still ambiguous legal precedent. Not all states allow entrapment defense, as the right is not constitutionally protected. However, in most instances, a person can only successfully use an entrapment defense if they show no prior disposition, intent, or past behavior that is similar to the crime in question.
Hate Crimes: Hate crimes occur under the legal definition of a bias crime. A bias crime, or hate crime, is a criminal offense perpetrated by a defendant against a victim or victims that is motivated, whether partially or wholly, via bias against one or a combined demographics, including religion, race, disability, sex orientation, national origin, ethnicity or gender status. According to the Federal Bureau of Investigation, more than fifty percent of hate crime convictions result from bias stemming from race, with ethnicity, religion, and sexual orientation motivating the remainder of the convictions.
Insanity: Criminal insanity entails the inability of a defendant to understand the illegal or wrong nature in their acts, or the overall inability to determine right from wrong. Under common law, criminally insane defendants cannot be criminally convicted of a crime, because criminal activity entails actively electing to do wrong, which a criminally insane individually cannot do. Insanity pleas in criminal cases are thoroughly vetted by professionals to ensure their accuracy, and proportionally, most insanity strategies are not upheld.
Intoxication: In general, intoxication can be referred to the state where an individual, including their decision-making ability and actions, are detrimentally impaired by the affects of alcohol, drugs, or any other intoxicating foreign substance. Depending on the exact legal circumstance, intoxication may or may not be deemed impairment. Additionally, some specific intent crimes, including first-degree homicide, may be successfully reduced to a lesser, non-intentional crime.
Jury Nullification: Jury nullification entails situations where jurors conclude a defendant indeed commit an offense, but collectively refuse to convict a defendant on the basis that the laws in question are deemed wrong, immoral, or unjust. This is an option in all American courtrooms, however, defense lawyers stifled from encouraging juries to do so. In modern criminal cases, jury nullification has occurred in instances where a defendant faces a mandatory life sentence under Three-Strike laws for a relatively minor offense.
Mens Rea: The Latin term “mens rea” is a criminal legal term that helps determine a defendant’s overall mental intent for criminal liability. For many crimes, a defendant must perpetrate a criminal act under a certain frame of mind, or the mens rea, to be found guilty.
Murder vs. Manslaughter: Under criminal law, murder cases can be charged if there is any form of premeditation leading up to the death of another individual. In other instances, criminal negligence may infer premeditation to possibly cause serious injury or kill, therefore, can be construed as murder. For manslaughter cases, a defendant may be liable for a death, but did not intend nor premeditate the death of the victim.
Rape: Rape is defined as non-consensual intercourse occurring under threat, duress, physical force, or potentially, under the influence of alcohol or drugs. Definitive definitions of rape versus sexual assault vary state by state; however, any non-consensual sexual activity involving penetration may constitute rape.
Robbery: By definition, robbery consists of a crime of theft, which occurs through intimidation, force, or threat of force. In essence, robbery crimes require a defendant taking property, regardless of the value, from the direct possession or presence of the victim. Secondly, the taking of property must occur under intimidation, duress, threat of bodily injury, or actual bodily injury toward victims. Additionally, the law prescribes harsher penalties in many instances for robbery that involves active bodily injury or the use of a lethal weapon to coerce victims, which is known as aggravated robbery. In addition, federal jurisdiction covers robbery crimes disturbing interstate commerce and banking institutions.
Theft: The term theft is a catchall legal phrase encompassing all crimes involving the intentional taking of personal property without consent. Many state jurisdictions differentiate between “petty theft” and “grand theft” through the value of the items taken, usually with items less than $500 being deemed petty theft. Additionally, some jurisdictions may utilize the term theft to charge individuals accused of larceny, and closely related, but differentiated and more harshly punished crimes include embezzlement, robbery, and burglary.
White Collar Crimes: White-collar crime is a term coined in the 1930’s in connection to crimes perpetrated by affluent or connected members of society involving financial instruments, generally strictly for financial gain. Today, the term has come to encompass almost any crime associated with the corporate environment, including insider trading, securities fraud, fraud, forgery, embezzlement, bribery, and a litany of other violations of federal trade laws. Defendants in white-collar crime cases will be charged exclusively under the legal terms applicable to their crime, and in essence, the term “white collar crime” is a media popularized catchall for crimes involving individuals with affluence, power, or corporate backing.
sources from: http://www.lawfirms.com/resources/criminal-defense/glossary-common-terms.htm
Alibi: A defendant or person under questioning for a crime may offer an alibi, or alternative explanation of their whereabouts and activities, which if upheld, will certify their inability participate during the commission of any crime or incident in question.
Burglary: In essence, the crime of burglary is composed of two elements. The first element is establishing the fact that a defendant is guilty of breaking and entering, with or without force, onto a property. The second, most crucial element is that the illegal entry onto a property or building was with the intention to commit any felony.
Entrapment: The standard legal definition of entrapment involves the acts of government officials influencing an individual to commit a crime they were not predisposed to commit previously. Over time, this definition has undergone significant and still ambiguous legal precedent. Not all states allow entrapment defense, as the right is not constitutionally protected. However, in most instances, a person can only successfully use an entrapment defense if they show no prior disposition, intent, or past behavior that is similar to the crime in question.
Hate Crimes: Hate crimes occur under the legal definition of a bias crime. A bias crime, or hate crime, is a criminal offense perpetrated by a defendant against a victim or victims that is motivated, whether partially or wholly, via bias against one or a combined demographics, including religion, race, disability, sex orientation, national origin, ethnicity or gender status. According to the Federal Bureau of Investigation, more than fifty percent of hate crime convictions result from bias stemming from race, with ethnicity, religion, and sexual orientation motivating the remainder of the convictions.
Insanity: Criminal insanity entails the inability of a defendant to understand the illegal or wrong nature in their acts, or the overall inability to determine right from wrong. Under common law, criminally insane defendants cannot be criminally convicted of a crime, because criminal activity entails actively electing to do wrong, which a criminally insane individually cannot do. Insanity pleas in criminal cases are thoroughly vetted by professionals to ensure their accuracy, and proportionally, most insanity strategies are not upheld.
Intoxication: In general, intoxication can be referred to the state where an individual, including their decision-making ability and actions, are detrimentally impaired by the affects of alcohol, drugs, or any other intoxicating foreign substance. Depending on the exact legal circumstance, intoxication may or may not be deemed impairment. Additionally, some specific intent crimes, including first-degree homicide, may be successfully reduced to a lesser, non-intentional crime.
Jury Nullification: Jury nullification entails situations where jurors conclude a defendant indeed commit an offense, but collectively refuse to convict a defendant on the basis that the laws in question are deemed wrong, immoral, or unjust. This is an option in all American courtrooms, however, defense lawyers stifled from encouraging juries to do so. In modern criminal cases, jury nullification has occurred in instances where a defendant faces a mandatory life sentence under Three-Strike laws for a relatively minor offense.
Mens Rea: The Latin term “mens rea” is a criminal legal term that helps determine a defendant’s overall mental intent for criminal liability. For many crimes, a defendant must perpetrate a criminal act under a certain frame of mind, or the mens rea, to be found guilty.
Murder vs. Manslaughter: Under criminal law, murder cases can be charged if there is any form of premeditation leading up to the death of another individual. In other instances, criminal negligence may infer premeditation to possibly cause serious injury or kill, therefore, can be construed as murder. For manslaughter cases, a defendant may be liable for a death, but did not intend nor premeditate the death of the victim.
Rape: Rape is defined as non-consensual intercourse occurring under threat, duress, physical force, or potentially, under the influence of alcohol or drugs. Definitive definitions of rape versus sexual assault vary state by state; however, any non-consensual sexual activity involving penetration may constitute rape.
Robbery: By definition, robbery consists of a crime of theft, which occurs through intimidation, force, or threat of force. In essence, robbery crimes require a defendant taking property, regardless of the value, from the direct possession or presence of the victim. Secondly, the taking of property must occur under intimidation, duress, threat of bodily injury, or actual bodily injury toward victims. Additionally, the law prescribes harsher penalties in many instances for robbery that involves active bodily injury or the use of a lethal weapon to coerce victims, which is known as aggravated robbery. In addition, federal jurisdiction covers robbery crimes disturbing interstate commerce and banking institutions.
Theft: The term theft is a catchall legal phrase encompassing all crimes involving the intentional taking of personal property without consent. Many state jurisdictions differentiate between “petty theft” and “grand theft” through the value of the items taken, usually with items less than $500 being deemed petty theft. Additionally, some jurisdictions may utilize the term theft to charge individuals accused of larceny, and closely related, but differentiated and more harshly punished crimes include embezzlement, robbery, and burglary.
White Collar Crimes: White-collar crime is a term coined in the 1930’s in connection to crimes perpetrated by affluent or connected members of society involving financial instruments, generally strictly for financial gain. Today, the term has come to encompass almost any crime associated with the corporate environment, including insider trading, securities fraud, fraud, forgery, embezzlement, bribery, and a litany of other violations of federal trade laws. Defendants in white-collar crime cases will be charged exclusively under the legal terms applicable to their crime, and in essence, the term “white collar crime” is a media popularized catchall for crimes involving individuals with affluence, power, or corporate backing.
sources from: http://www.lawfirms.com/resources/criminal-defense/glossary-common-terms.htm
The Process of Criminal Trials
Criminal trial procedures vary from courthouse to courthouse, and even more varied are the legal tactics employed during each phase of a criminal trial, so it's important to have an attorney familiar with the local courts. Defendants with a brief amount of knowledge regarding the criminal trial process can better assist their attorney in making important decisions that may arise before, during, or after the trial.
Choosing a Judge vs. Jury Trial
Defendants are entitled to a trial by jury for all offenses except those deemed “petty”, which typically includes any offense consisting of a potential punishment of less than six months incarceration. Defendants can elect to waive their right to a jury trial and have a judge preside over, hear, and decide the outcome of their case. If either the defense or the prosecution requests a trial by jury, a trial by jury must occur. Some of the commonly noted strategies of using a jury trial are the requirement for juries to return a unanimous verdict usually. Given the probability, defense attorneys will feel that a trial by jury is favorable, as well as the fact that the defense can take part in selecting jurors for a given case.
Voir Dire Jury Selection
Voir dire is legal term for the jury selection process. During voir dire, attorneys can dismiss, or challenge, potential jurors, who may prove biased during a trial. Through a series of questions, most jury pools are established to the agreement of both the prosecution and the defense attorneys. Each side may elect to dismiss any potential jury member for cause, while each side typically has a limited number of peremptory challenges they can make, which will dismiss a juror without proving cause. Sometimes, the selection of the jury is a good time for defense attorneys to expose the jury members to certain aspects of a given case, which may be in the favor of their defendant client.
Motion in Limine
Motion in limine is a request to the judge, which asks for certain pieces of evidence or testimony to be deemed inadmissible before they reach the courtroom and the jurors. This motion does not have to be specifically made before the trial, however, if a defense team waits, there is the potential jurors will be exposed to some or part of the evidence before a defense attorney can make it inadmissible.
Opening Statements in a Criminal Trial
The opening statements by both sides attempts to bring the jury members up to speed on a given case, as well as provide a clear roadmap on what evidence and arguments each side is going to make during the course of the trial. Statements made during the opening statement period cannot be used as evidence, but they offer each side the opportunity to build a rapport, establish a plot outline, and potentially, influence jurors before a trial even begins. Neither side can actually argue their case, but it is nevertheless an important and key strategic portion of a criminal trial.
The Prosecution’s Case during Criminal Trials
The burden of proving a defendant’s guilt rests on the prosecution. Therefore, the prosecution presents their case first. If the prosecution does not present enough evidence to prove beyond a reasonable doubt that a defendant committed each element of applicable crimes, the defense can request a motion to dismiss without needing to offer a defense, except for the fact that the prosecution failed to provide sufficient evidence of a defendant’s guilt.
Direct Examination and Cross Examination
Each side may call witnesses during the trial. Witnesses testifying at trial are sworn in under oath, which informs them that failure to provide the truth is chargeable as a crime of perjury. The testimony of witnesses, however, must take the form of questions and answers save for cases of self-representation. Additionally, the defense is allowed to present witnesses in any order they choose, and furthermore, the prosecutor cannot call a defendant to testify as a witness.
Following making a statement under direct examination by either the defense or prosecutor, witnesses will now be cross-examined by the opposing side’s legal counsel. Cross-examinations typically attempt to poke holes, show inconsistency, or outright discredit a witness and their testimony. Following cross-examination, a period known as redirect examination is possible for defense attorneys, as well.
The Defense’s Case in Criminal Trials
Typically, a defense team will begin presenting their case following the presentation of the prosecutor. In some instances, the defense will simply seek to show the lack of sufficient evidence presented by the prosecution to obtain a conviction. In other cases, an active defense will take place, which will include calling witnesses to the stand in the same manner as the prosecution did. Following this stage, the defense will state they are “at rest”. At this time, the prosecution may offer rebuttal testimony and evidence to contest that presented by the defense’s case, but it must be specifically related to new suggestions noted by the defense not initially covered in the prosecution’s initial case.
Closing Arguments
Typically, a judge will decide the format of the closing arguments in a criminal trial, which will either entail the prosecution delivering their argument first, followed by the defense, followed by the option for rebuttal by the prosecution, or judges will adhere to one closing argument each, while offering the prosecution the power to choose which slot they wish to fill. If the defense feels they have forgotten to mention certain aspects of their case, the judge may allow the reopening of a case, but during the closing arguments, only evidence that has already been presented can be referenced. Realistically, both sides will appeal to the juror’s logic during the closing argument, but emotional pleas are also common and allowed for the most part.
Jury Deliberations and the Verdict
Before entering into deliberations, judges will offer final instructions to the jury, which tell them what issues they must unanimously agree about before returning a guilty verdict. Both the defense and prosecution can submit preferred jury instructions to a judge, but in the end, a judge will have the final and only word to jurors regarding their jury instructions. The judge is then tasked with explaining the legal principals, policies, and other factors to consider when deciding the issues of a case. In the end, most jury instructions are complicated, complex, and studies have shown that jurors rarely fully comprehend all aspects of their instructions. Aside from gross misinterpretation of jury instructions, a number of actions can be seen as juror misconduct, including:
•Being under the influence
•Sleeping during the trial
•Making false statements during voir dire
•Conducting independent investigations
•Discussing the case with a biased entity
During the jury deliberation period, no fixed time limit is needed to return a verdict, and the lengths required are greatly varied case by case. If a jury cannot agree on a verdict, a mistrial is called due to a deadlocked jury, which allows prosecutors to file the charges again or let the matter go to rest.
This article is provided for informational purposes only. If you need help with a criminal case, go to http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/criminal-trial.htm
sources from: http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/criminal-trial.htm
Choosing a Judge vs. Jury Trial
Defendants are entitled to a trial by jury for all offenses except those deemed “petty”, which typically includes any offense consisting of a potential punishment of less than six months incarceration. Defendants can elect to waive their right to a jury trial and have a judge preside over, hear, and decide the outcome of their case. If either the defense or the prosecution requests a trial by jury, a trial by jury must occur. Some of the commonly noted strategies of using a jury trial are the requirement for juries to return a unanimous verdict usually. Given the probability, defense attorneys will feel that a trial by jury is favorable, as well as the fact that the defense can take part in selecting jurors for a given case.
Voir Dire Jury Selection
Voir dire is legal term for the jury selection process. During voir dire, attorneys can dismiss, or challenge, potential jurors, who may prove biased during a trial. Through a series of questions, most jury pools are established to the agreement of both the prosecution and the defense attorneys. Each side may elect to dismiss any potential jury member for cause, while each side typically has a limited number of peremptory challenges they can make, which will dismiss a juror without proving cause. Sometimes, the selection of the jury is a good time for defense attorneys to expose the jury members to certain aspects of a given case, which may be in the favor of their defendant client.
Motion in Limine
Motion in limine is a request to the judge, which asks for certain pieces of evidence or testimony to be deemed inadmissible before they reach the courtroom and the jurors. This motion does not have to be specifically made before the trial, however, if a defense team waits, there is the potential jurors will be exposed to some or part of the evidence before a defense attorney can make it inadmissible.
Opening Statements in a Criminal Trial
The opening statements by both sides attempts to bring the jury members up to speed on a given case, as well as provide a clear roadmap on what evidence and arguments each side is going to make during the course of the trial. Statements made during the opening statement period cannot be used as evidence, but they offer each side the opportunity to build a rapport, establish a plot outline, and potentially, influence jurors before a trial even begins. Neither side can actually argue their case, but it is nevertheless an important and key strategic portion of a criminal trial.
The Prosecution’s Case during Criminal Trials
The burden of proving a defendant’s guilt rests on the prosecution. Therefore, the prosecution presents their case first. If the prosecution does not present enough evidence to prove beyond a reasonable doubt that a defendant committed each element of applicable crimes, the defense can request a motion to dismiss without needing to offer a defense, except for the fact that the prosecution failed to provide sufficient evidence of a defendant’s guilt.
Direct Examination and Cross Examination
Each side may call witnesses during the trial. Witnesses testifying at trial are sworn in under oath, which informs them that failure to provide the truth is chargeable as a crime of perjury. The testimony of witnesses, however, must take the form of questions and answers save for cases of self-representation. Additionally, the defense is allowed to present witnesses in any order they choose, and furthermore, the prosecutor cannot call a defendant to testify as a witness.
Following making a statement under direct examination by either the defense or prosecutor, witnesses will now be cross-examined by the opposing side’s legal counsel. Cross-examinations typically attempt to poke holes, show inconsistency, or outright discredit a witness and their testimony. Following cross-examination, a period known as redirect examination is possible for defense attorneys, as well.
The Defense’s Case in Criminal Trials
Typically, a defense team will begin presenting their case following the presentation of the prosecutor. In some instances, the defense will simply seek to show the lack of sufficient evidence presented by the prosecution to obtain a conviction. In other cases, an active defense will take place, which will include calling witnesses to the stand in the same manner as the prosecution did. Following this stage, the defense will state they are “at rest”. At this time, the prosecution may offer rebuttal testimony and evidence to contest that presented by the defense’s case, but it must be specifically related to new suggestions noted by the defense not initially covered in the prosecution’s initial case.
Closing Arguments
Typically, a judge will decide the format of the closing arguments in a criminal trial, which will either entail the prosecution delivering their argument first, followed by the defense, followed by the option for rebuttal by the prosecution, or judges will adhere to one closing argument each, while offering the prosecution the power to choose which slot they wish to fill. If the defense feels they have forgotten to mention certain aspects of their case, the judge may allow the reopening of a case, but during the closing arguments, only evidence that has already been presented can be referenced. Realistically, both sides will appeal to the juror’s logic during the closing argument, but emotional pleas are also common and allowed for the most part.
Jury Deliberations and the Verdict
Before entering into deliberations, judges will offer final instructions to the jury, which tell them what issues they must unanimously agree about before returning a guilty verdict. Both the defense and prosecution can submit preferred jury instructions to a judge, but in the end, a judge will have the final and only word to jurors regarding their jury instructions. The judge is then tasked with explaining the legal principals, policies, and other factors to consider when deciding the issues of a case. In the end, most jury instructions are complicated, complex, and studies have shown that jurors rarely fully comprehend all aspects of their instructions. Aside from gross misinterpretation of jury instructions, a number of actions can be seen as juror misconduct, including:
•Being under the influence
•Sleeping during the trial
•Making false statements during voir dire
•Conducting independent investigations
•Discussing the case with a biased entity
During the jury deliberation period, no fixed time limit is needed to return a verdict, and the lengths required are greatly varied case by case. If a jury cannot agree on a verdict, a mistrial is called due to a deadlocked jury, which allows prosecutors to file the charges again or let the matter go to rest.
This article is provided for informational purposes only. If you need help with a criminal case, go to http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/criminal-trial.htm
sources from: http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/criminal-trial.htm
Arrested: Defendants Rights at Arrest
Although often used as a collective term, being placed “under arrest” is a specific legal situation where an individual is no longer legally able to walk away from law enforcement, which often is well before being processed into incarceration. To make an arrest, law enforcement must have probable cause determining that you have committed a crime, which allows them to take you into their custody. Sometimes, a person can be charged with a crime and not placed under arrest, which is termed a citation. Common citations include traffic offenses among other items. Even if an arrest is determined lacking in probable cause later, persons in custody cannot resist the arresting officer, nor are they guaranteed absolution from charges stemming from the initially illegal arrest.
What Is An Arrest Warrant?
An arrest warrant is an official document approved by a judge or magistrate, which authorizes law enforcement to take a given person into custody. In most cases, the arrest warrant must contain the suspect’s name, the crimes they stand accused of, and other restrictions on where and how this suspect can be detained.
For law enforcement to obtain an arrest warrant, they must present evidence under oath or affidavit to a judge or magistrate that clearly states a crime occurred and the person mentioned in the arrest warrant was in some way responsible for this crime. In the arrest warrant, certain details and information connecting the person being arrested to the crimes in question must be made available to both the issuing court official, as well as the suspect at the time of their arrest.
Can Law Enforcement Make Warrantless Arrests?
Typically, there are only two circumstances where an officer can make a warrantless arrest, which include:
•If an officer is present when a crime is committed, a warrantless arrest may occur
•If an officer has probable cause to believe a given suspect perpetrated a felony, either in or outside of the officer’s presence
Other situations, known as “exigent circumstances” allow an officer to make an arrest if they believe a suspect to be an immediate threat to themselves, the officer, or other civilians. Also, if an officer is in active pursuit of a suspect, warrantless entry and warrantless arrests can occur until the pursuit and factors surrounding the pursuit are determined.
Illegal and Justified Use of Force during Arrests
First, an officer apprehending a suspect typically must follow a procedure known as “knock and notice”, which makes police announce their presence, give occupants time to come to the door, and prevents law enforcement from barging into your home unnecessarily. However, “knock and notice” procedures can be ignored for different reasons, including:
•Eminent danger to persons inside a dwelling
•Active or hot pursuit of suspect
•Believe that announcing presence could afford suspect time to destroy evidence
•Believe that announcing will put officers’ safety in danger due to resistance of arrest
The amount of force an officer is allowed to legally use during an arrest is generally determined by the amount of resistance a suspect offers. The courts determine if force used was “excessive” or “use of unnecessary force”. However, depending on the situation, an officer has several non-lethal and lethal choices to protect him or herself and complete an arrest. Generally, law enforcement can only use lethal force if a suspect points a weapon at officers, is about to commit a violent felony, or threatens the safety of third parties. For many cases, being in a car chase immediately endangers the safety of officers and third parties; therefore, use of lethal force is permissible.
How to Make a Citizens Arrest
Your best bet is to not. Realistically though, almost every state provides citizens the right to make an arrest if they personally see the commission of a crime, or have probable cause to believe a suspect committed a felony. However, detaining your “suspect” might actually be considered false imprisonment or even kidnapping if you violate someone’s legal rights in the process. That is just the criminal liability you may endure. In addition, there is the question of civil liability you may incur from detaining your “suspect”. Some states, however, have specific laws allowing individuals to protect their “domain” or home and property with lethal force. In addition, if any individual threatens your safety, you can use lethal force to prevent this from happening. Making a citizen’s arrest of a person that threatened your safety would be hard to prove however, if you managed to gain full control and custody of that person. Typically, the courts look extremely harshly at citizen arrests and are not too thrilled about individuals actively exercising these rights.
sources from: http://www.lawfirms.com/resources/criminal-defense/defendants-rights/arrested-rights-arrest.htm
What Is An Arrest Warrant?
An arrest warrant is an official document approved by a judge or magistrate, which authorizes law enforcement to take a given person into custody. In most cases, the arrest warrant must contain the suspect’s name, the crimes they stand accused of, and other restrictions on where and how this suspect can be detained.
For law enforcement to obtain an arrest warrant, they must present evidence under oath or affidavit to a judge or magistrate that clearly states a crime occurred and the person mentioned in the arrest warrant was in some way responsible for this crime. In the arrest warrant, certain details and information connecting the person being arrested to the crimes in question must be made available to both the issuing court official, as well as the suspect at the time of their arrest.
Can Law Enforcement Make Warrantless Arrests?
Typically, there are only two circumstances where an officer can make a warrantless arrest, which include:
•If an officer is present when a crime is committed, a warrantless arrest may occur
•If an officer has probable cause to believe a given suspect perpetrated a felony, either in or outside of the officer’s presence
Other situations, known as “exigent circumstances” allow an officer to make an arrest if they believe a suspect to be an immediate threat to themselves, the officer, or other civilians. Also, if an officer is in active pursuit of a suspect, warrantless entry and warrantless arrests can occur until the pursuit and factors surrounding the pursuit are determined.
Illegal and Justified Use of Force during Arrests
First, an officer apprehending a suspect typically must follow a procedure known as “knock and notice”, which makes police announce their presence, give occupants time to come to the door, and prevents law enforcement from barging into your home unnecessarily. However, “knock and notice” procedures can be ignored for different reasons, including:
•Eminent danger to persons inside a dwelling
•Active or hot pursuit of suspect
•Believe that announcing presence could afford suspect time to destroy evidence
•Believe that announcing will put officers’ safety in danger due to resistance of arrest
The amount of force an officer is allowed to legally use during an arrest is generally determined by the amount of resistance a suspect offers. The courts determine if force used was “excessive” or “use of unnecessary force”. However, depending on the situation, an officer has several non-lethal and lethal choices to protect him or herself and complete an arrest. Generally, law enforcement can only use lethal force if a suspect points a weapon at officers, is about to commit a violent felony, or threatens the safety of third parties. For many cases, being in a car chase immediately endangers the safety of officers and third parties; therefore, use of lethal force is permissible.
How to Make a Citizens Arrest
Your best bet is to not. Realistically though, almost every state provides citizens the right to make an arrest if they personally see the commission of a crime, or have probable cause to believe a suspect committed a felony. However, detaining your “suspect” might actually be considered false imprisonment or even kidnapping if you violate someone’s legal rights in the process. That is just the criminal liability you may endure. In addition, there is the question of civil liability you may incur from detaining your “suspect”. Some states, however, have specific laws allowing individuals to protect their “domain” or home and property with lethal force. In addition, if any individual threatens your safety, you can use lethal force to prevent this from happening. Making a citizen’s arrest of a person that threatened your safety would be hard to prove however, if you managed to gain full control and custody of that person. Typically, the courts look extremely harshly at citizen arrests and are not too thrilled about individuals actively exercising these rights.
sources from: http://www.lawfirms.com/resources/criminal-defense/defendants-rights/arrested-rights-arrest.htm
State and Federal Crimes: What's the Difference?
The United States and each state in this country have specific statutes that define, prohibit, and penalize criminal behavior. It is important to understand the similarities and differences among state and federal criminal charges and state and federal criminal courts.
State Crimes
Each state government has the responsibility of developing its own criminal code and passing laws that define certain crimes and the potential sentences for those crimes. Some common state crimes include:
•Murder - the intentional killing of another human being;
•Theft - taking another person’s property without consent;
•Rape - unwanted sexual intercourse that is forced upon the victim without the victim’s consent;
•Drug Possession - having illegal drugs, as defined by statute, on your person or property; and
•Assault and Battery - the threat of physical harm and the act of physically harming another person with the intent to cause injury.
State Criminal Court
Most crimes are violations of state law and tried in state court. Each state may have one or more criminal court systems. For example, minors may be tried for crimes in juvenile court and adults may be tried in trial court. Cases are brought on behalf of the people of the state by the district attorney or state attorney.
Federal Crimes
A federal crime is a crime that is defined by federal law. Many crimes are described in Title 18 of the United States Code. The elements of the crime and the potential sentences are uniform everywhere in the United States. Some common federal crimes include:
•Tax Evasion - illegally avoiding paying federal taxes as required by the Internal Revenue Code;
•Fraud - may include mail fraud, bank fraud, health care fraud, securities fraud, attempts to commit fraud and conspiracies to commit fraud;
•Terrorism - intentional acts of violence that appear to be intended to intimidate or coerce a civilian population, influence the policy of a government or affect the conduct of a government;
•Counterfeiting - making or distributing fake currency (money) or other securities; and
•Crimes that cross state lines - other crimes, such as kidnapping, may become federal crimes if the crime occurs in more than one state.
Federal Criminal Court
The only cases which may be heard in federal criminal court are those crimes that are specific violations of federal law. Each state has one or more federal district courts that acts as the federal criminal court when there is a violation of a federal criminal law. A federal criminal case is brought on behalf of the people of the United States by the U.S. Attorney’s Office.
Hiring a Criminal Defense Lawyer
State and federal prosecutors will be representing the people of your state or of the United States. Therefore, if you have been accused of a state or federal crime then it is important to seek the assistance of a criminal defense attorney to represent you in criminal proceedings.
sources from: http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/state-federal-criminal-charges.htm
State Crimes
Each state government has the responsibility of developing its own criminal code and passing laws that define certain crimes and the potential sentences for those crimes. Some common state crimes include:
•Murder - the intentional killing of another human being;
•Theft - taking another person’s property without consent;
•Rape - unwanted sexual intercourse that is forced upon the victim without the victim’s consent;
•Drug Possession - having illegal drugs, as defined by statute, on your person or property; and
•Assault and Battery - the threat of physical harm and the act of physically harming another person with the intent to cause injury.
State Criminal Court
Most crimes are violations of state law and tried in state court. Each state may have one or more criminal court systems. For example, minors may be tried for crimes in juvenile court and adults may be tried in trial court. Cases are brought on behalf of the people of the state by the district attorney or state attorney.
Federal Crimes
A federal crime is a crime that is defined by federal law. Many crimes are described in Title 18 of the United States Code. The elements of the crime and the potential sentences are uniform everywhere in the United States. Some common federal crimes include:
•Tax Evasion - illegally avoiding paying federal taxes as required by the Internal Revenue Code;
•Fraud - may include mail fraud, bank fraud, health care fraud, securities fraud, attempts to commit fraud and conspiracies to commit fraud;
•Terrorism - intentional acts of violence that appear to be intended to intimidate or coerce a civilian population, influence the policy of a government or affect the conduct of a government;
•Counterfeiting - making or distributing fake currency (money) or other securities; and
•Crimes that cross state lines - other crimes, such as kidnapping, may become federal crimes if the crime occurs in more than one state.
Federal Criminal Court
The only cases which may be heard in federal criminal court are those crimes that are specific violations of federal law. Each state has one or more federal district courts that acts as the federal criminal court when there is a violation of a federal criminal law. A federal criminal case is brought on behalf of the people of the United States by the U.S. Attorney’s Office.
Hiring a Criminal Defense Lawyer
State and federal prosecutors will be representing the people of your state or of the United States. Therefore, if you have been accused of a state or federal crime then it is important to seek the assistance of a criminal defense attorney to represent you in criminal proceedings.
sources from: http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/state-federal-criminal-charges.htm
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