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Racial Discrimination on Juries: Foster v. Chatham

  • Posted by Marcia Shein
  • On July 12, 2016
  • 0 Comments
  • jury selection, supreme court, voir dire
A good thing to remember about the criminal justice system in the United States is that it is based on the adversarial system. This makes it like a football game. The two different teams are supposed to do everything that they can, within the rules, to score more points than the other side. It is […]
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Supreme Court to Weigh in on State Determination of Mental Disability

  • Posted by Marcia Shein
  • On July 9, 2016
  • 0 Comments
  • Federal Crime, mental disability, sentencing, supreme court
The Supreme Court of the United States recently issued a list of the cases that it will hear in the upcoming term. Among the cases that it will hear are two death penalty cases coming out of Texas. Not only does it look like Texas is about to take a beating by the Supreme Court, […]
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Ineffective Assistance of Counsel Case Makes it to the Supreme Court

  • Posted by Marcia Shein
  • On July 7, 2016
  • 0 Comments
  • Murder, race, sentencing, supreme court
In their recent listing of cases that they will be hearing in the upcoming term, the Supreme Court of the United States showed that they were taking on a pair of death penalty cases from the state of Texas. The choice of these cases shows an increasing focus on the death penalty by the Supreme […]
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When Does Your Right to a Speedy Trial Come into Play?

  • Posted by Marcia Shein
  • On June 16, 2016
  • 0 Comments
  • Right To A Speedy Trial, Sixth Amendment
One of the rights that the Sixth Amendment provides is your right to a speedy trial. While this right has been tempered – any delay has to have been caused by the government, has to prejudice your case, has to be uncommonly long, and you have to exercise your right to a speedy trial – […]
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Your Right to a Speedy Trial

  • Posted by Marcia Shein
  • On June 13, 2016
  • 0 Comments
  • Constitutional Rights, Sixth Amendment, speedy trial, trial
The Constitution exists to make sure that the government does not abuse its powers. By giving the federal government certain powers, and then stating that it can do nothing else, the Constitution provides a solid constraint on the government. Additionally, the Bill of Rights is another rock wall that protects your individual rights against the […]
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Getting a Departure from the Sentencing Guidelines is an Uphill Battle

  • Posted by Marcia Shein
  • On April 30, 2016
  • 0 Comments
  • federal law, Sentencing Guidelines, trial law
If you get convicted in federal court on a federal criminal charge, then the sentencing process will be much more stringent and structured than it would have been if the charge had been for a state crime and heard in a state court. This is due in large part to the Federal Sentencing Guidelines, which […]
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The Confusion of the Federal Sentencing Guidelines

  • Posted by Marcia Shein
  • On April 27, 2016
  • 0 Comments
  • Federal Sentencing Guidelines, judges, trial law
One of the interesting intangibles of the federal criminal justice system has always been the uniqueness of each and every judge on the bench. Even though they strive to make the just and fair decision, they are not computers. What one judge might think is the best decision to make might not be what the […]
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The Definition of “Beyond a Reasonable Doubt”

  • Posted by Marcia Shein
  • On April 18, 2016
  • 0 Comments
  • burden of proof, preponderance of evidence, reasonable doubt
The legal world is full of complicated phrases, and even simple phrases that nevertheless hide numerous levels of complexities. From Latin phrases like “res ipsa loquitur” to word pairings that seem to repeat themselves, like “null and void” or “due process,” the law can seem like a needlessly confusing field. When it comes to criminal […]
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Why The Pre-Sentence Report Is So Important

  • Posted by Marcia Shein
  • On December 20, 2015
  • 0 Comments
  • News & Articles
At some point between when you are convicted of a crime and when you are sentenced, you will be asked to interview with a probation officer who is responsible for creating a pre-sentence report (PSR). This report is designed to give the judge important background information about you, as well as providing context for your […]
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Getting the Best Outcome at Sentencing

  • Posted by Marcia Shein
  • On November 1, 2015
  • 0 Comments
If your recent trial has resulted in a conviction, your attorney’s job is far from over. Having a skilled attorney involved during the sentencing phase can make all the difference when it comes to getting the best outcome at sentencing. With many years of post-trial law experience, Marcia Shein is an authority on this subject, […]
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