Criminal Justice Systems

Each state has its criminal justice system made up of legislative bodies that enact criminal laws and the policing agencies that enforce them. The same is true for the federal criminal justice system. Federal Department of Justice The Department of Justice leads the federal justice system. The federal justice system has jurisdiction over crimes involving […]

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Federal Criminal Courts

The federal court system is made up of three interconnected judicial levels: 94 District Courts (Trial Courts), 13 Circuit Courts (Appellate Courts), 1 Supreme Court (Highest Court In The Land) District Courts – Federal Trial Courts The federal district courts are the federal trial courts. Each federal judicial district court has at least one Federal […]

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Criminal Sentencing

At the sentencing hearing, both the prosecutor and defense counsel will have reviewed the probation report and supporting documents and statements. Counsel will present their respective sentencing arguments to the court. The offender will also be present. The defense will argue there are mitigating circumstances supporting a reduced sentence, while the prosecution will argue there are aggravating factors to support an enhanced sentence.

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Criminal Pretrial Discovery

The discovery sought depends on the type of criminal case being prosecuted. For example, if the case being prosecuted is drunk driving, the defense will seek discovery of the police report, witness statements, video, and the breathalyzer results. The defense will also request the maintenance and calibration records of the subject breathalyzer to determine if […]

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Defendants Rights In Criminal Proceedings

The fundamental rights of the accused emanate from the fourth (search and seizure, and the rights upon arrest), fifth (due process, self-incrimination, grand jury), and Sixth Amendment (rights of those charged in a criminal proceeding) of the U.S. Constitution’s Bill of Rights. This article addresses the rights of the accused in criminal proceedings. According to […]

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Expungement Of Criminal Record

Due to today’s search technology, nearly anyone has informational access to other people’s lives, including whether someone has a criminal record. According to the American Progress for Justice, over 70 million Americans have a criminal record that can come- up on background checks. Criminal Records are Publicly Accessible Purpose of Expungement The primary purpose of expunging […]

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Federal Appeal Process

Once convicted of a crime in a federal district court, your lawyer may determine there are viable grounds to appeal the conviction based on a court error of law. There are precise procedural rules your lawyer must follow to secure your right to appeal.   This article provides a summary of a very complex legal procedure. […]

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Criminal Assault and Battery

The crimes of assault and battery can be filed and prosecuted as either a misdemeanor or a felony, depending upon the nature and severity of the injuries to the victim. This article covers the individual crimes of assault and battery, including the respective legal elements necessary to prove each of them. Also discussed is the […]

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Phases of Criminal Trial

This article covers the main stages of a criminal jury trial. You will learn how the different parts of the trial system function within the overall objective of seeing a fair and just verdict. We will summarize the major stages of a jury trial, from jury selection to jury verdict and the defendant’s right to […]

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Criminal Court Arraignment

This article will focus on arraignment rules and general practices in state courts. Each state has its own laws governing its criminal procedure and arraignment process but do not significantly differ from other states. Federal arraignment is governed by Rule 10 of the Federal Rules of Criminal Procedure. Purpose of Arraignment The historical purpose of […]

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