Criminal Law
| Judicial Notice |
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| Judicial notice is the knowledge or recognition that a fact is true without evidence to support its truth. An example of a fact that a court may take judicial notice of is that the sky is blue. Most people know and understand that the sky is blue and no proof is needed to establish that the sky is blue. More... |
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| Statements of Juveniles |
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| After a juvenile has been arrested, they have the right to receive Miranda rights and the right to be represented by counsel. The juvenile also has the right to be free from self-incrimination as provided under the Fifth Amendment to the United States Constitution. More... |
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| CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS |
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| In some states, legislatures have recently enacted laws that grant the possibility of clemency by the states' governors for domestic violence victims who have been convicted of certain offenses, such as murder and manslaughter. In those states, the governors are entitled to request a clemency investigation by the states' parole boards into cases where defendants have pleaded guilty or have been convicted of those offenses when the offenses were directly related to the defendants' being victimized by domestic violence.
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| Juvenile Proceedings |
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| Juvenile proceedings are different from regular criminal proceedings because they are tailored toward juveniles, children under the age of 18. Every state has a different type of system set up to handle their juvenile matters. Some states have an actual juvenile court, other states place juvenile matters under the guise of the family or probate court. However, most courts that have jurisdiction to hear juvenile matters may transfer the case to a trial court when the offense charged is severe. The process of transferring a juvenile case is often referred to as waiving jurisdiction. More... |
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| MOTIONS IN ARREST OF JUDGMENT |
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| 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... |
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