Criminal Law Newsletters
| ASSIMILATIVE CRIMES ACT |
| Although states are primarily responsible for prosecuting domestic violence cases, the federal government has enacted several laws that may be used by federal authorities to prosecute such cases. Those federal laws include the Violence Against Women Act (VAWA), the Gun Control Act of 1968 (GCA), and statutes that prohibit interstate domestic violence and interstate violation of a protective order. More... |
| CONFESSIONS MUST BE VOLUNTARY |
| The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary. More... |
| PROBATION |
| Probation is a type of sentencing by which a trial court suspends the imposition of imprisonment and releases a defendant into the community based upon certain conditions. Probation is an alternative to imprisonment. Probation is similar to parole because it grants freedom from incarceration. More... |
| JUVENILE ARREST AND PROCEDURES |
| When a juvenile is arrested they are entitled to many of the same rights that an adult is entitled to upon arrest. More... |
| RIGHT TO EFFECTIVE COUNSEL AND ATTACHMENT OF THE RIGHT TO COUNSEL |
| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
