Generally, persons are protected by the Fourth Amendment of the US Constitution against “unreasonable searches and seizures.” This means that, before law enforcement officials can conduct a search or seize potential evidence or arrest an alleged criminal (seize the body of the person), law enforcement officials must obtain permission — approval — from a judge…. Read More
In a surprise to many, the Pennsylvania Supreme Court recently overturned Bill Cosby’s 2018 convictions for sexual assault. See Commonwealth of Pennsylvania v. Cosby, No. 39 MAP 2020 (Pa. Supreme Court June. 30, 2021). Not only were Cosby’s convictions overturned, but the court ruled that he could not be retried. The case has important lessons… Read More
Under US constitutional law, all criminal trials must be conducted before juries. Generally speaking, the jury’s role is to hear the evidence and make a determination of innocence or guilt. However, after all the evidence has been presented and before the jury begins to deliberate, the judge must give instructions to the jury. In a… Read More
When the United States government convicts you of a federal crime such as bank robbery, insurance fraud, or embezzlement, your criminal trial takes place in one of the 94 district courts across the country. Your district court hearing takes place in a location closest to where the government alleges you committed the crime. If convicted… Read More
Receiving a criminal conviction is not always the end of the road. While it might seem like it is, a criminal conviction often begins the process of deciding how to create a successful appeal, which involves questioning a court’s legal basis for making a decision. There are a number of ways in which an appeal can… Read More
A pretrial hearing refers to a meeting between parties in a case that occurs before a trial. In criminal cases, these parties are often the prosecution, the person being charged with the criminal offense, that individual’s lawyer, and a judge. During a criminal trial, a pretrial hearing helps to resolve a number of obstacles including… Read More
According to a study of every person who received a death sentence since 1973, the most likely outcome for individuals facing this sentence is avoiding execution, often by having the death sentence overturned. More specifically, from 1973 to 2013, 8,466 death sentences were made by the United States Courts. Only 1,359 individuals were executed. 3,194… Read More
There are two types of court systems — federal and state. Each of these court systems is tasked with hearing different types of cases. While state courts are primarily responsible for interpreting state law, federal courts have the responsibility of hearing a number of different types of cases. Because many people have questions about how… Read More
While some people have not heard of the phrase “habeas corpus,” it plays a vital role in how criminal cases are decided. In Latin, the phrase “habeas corpus” means to “produce a body,” which refers to the fact that a prisoner must appear in person before a judge during the motion. Most of the time,… Read More
Understanding the Term Dismissed with Prejudice In 2018, the number of federal filing in United States district courts increased 8%, with 81,553 cases initiated. As a result, it should come as no surprise that the federal court system is overburdened with a large number of cases. In order to provide justice, courts must do whatever… Read More