Criminal Law
| The Exclusionary Rule |
|
| When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards.
More... |
|
|
| Criminal Violations of the Occupational Safety and Health Act |
|
| An individual who violates the Occupational Safety and Health Act (OSHA)may be charged in either a criminal or civil forum. OSHA was enacted to protect workers from unsafe conditions in the workplace. More... |
|
|
| Hybrid Representation and the Standby Attorney |
|
| Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation. More... |
|
|
| COMMUTATION OF SENTENCE |
|
| A commutation of sentence is the reduction of a defendant's sentence by a state's governor. It is a form of clemency. A commutation does not remove any legal disabilities of the defendant's conviction. It only has the effect of reducing the defendant's original sentence. A commutation has no effect on the defendant's guilt. More... |
|
|
| MOTIONS IN ARREST OF JUDGMENT |
|
| When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction by filing a motion in arrest of judgment. A motion in arrest of judgment suggests that the judgment has not been legally rendered. The motion may be oral or it may be in writing. Although the defendant may have a statutory right in some states to file the motion, the motion is seldom used and is rarely granted by a trial court. More... |
|
|