November 2021 - Federal Criminal Law Center

What is the Role of Jury?

Posted by Marcia Shein
On November 30, 2021
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In criminal law, under the federal Constitution and under State laws, a criminal defendant has a right to a jury trial. But, what does this mean? What is the role of the jury in criminal trials? In brief, the role of the jury is to hear and see the evidence, to follow the law, to […]

What is “Structural Error” and How Can it Help Me Win a New Trial?

Posted by Marcia Shein
On November 19, 2021
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If your post-conviction criminal appeal team can demonstrate “structural error,” then you — the criminally accused — will be entitled to a new trial. This is true even if the error was not preserved for appeal, by a timely objection during the trial, or whether the error actually impacted the outcome of the case. In […]

Suppressing Evidence Made by a Co-Defendant

Posted by Marcia Shein
On November 16, 2021
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Bruton Doctrine, co-defendants, criminal defense lawyer

In cases that involve many individuals who are charged with the commission of the same crime, it has increasingly become a problem for one person’s legal counsel to hear incriminating statements about the person from another individual who was involved in the offense. Fortunately, the Bruton doctrine can be used to suppress these statements. If you […]

The Exclusionary Rule Exceptions

Posted by Marcia Shein
On November 3, 2021
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exclusion of evidence, exclusionary principle

Pre-Sentence Report The exclusionary rule states that illegally-obtained evidence and statements obtained through an illegal interrogation, in violation of the Fourth, Fifth, or Sixth Amendment of the United States Constitution, are inadmissible at the criminal trial of a person whose rights were violated. In basic terms, the illegally obtained evidence cannot be used against the […]