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Gavel and Legal Scales Representing Justice

What is second-degree murder?

March 26, 2026 • By Jack Gilbert

Second-degree murder is typically an intentional killing that is not premeditated, or a killing caused by extreme recklessness (often called “depraved heart” murder). Unlike first-degree murder, it generally lacks advance planning, but it is more culpable than manslaughter because it involves intent or a blatant disregard for human life. This article explains the legal definition, […]

Gavel and Legal Books Representing Murder Law

Criminal Charges Criminal Law

What is first-degree murder?

March 26, 2026 • By Jack Gilbert

First-degree murder is the intentional, premeditated killing of another person and is typically the most serious homicide charge, often punishable by life in prison or, in some states, the death penalty. Many jurisdictions also treat certain felony killings as first-degree murder under “felony murder” rules. This article explains the legal definition, required elements, common examples, […]

Gavel on Wooden Surface Representing Legal Proceedings

Criminal Law Homicide and Murder

What is manslaughter?

March 26, 2026 • By Jack Gilbert

Manslaughter is a criminal homicide where someone causes another person’s death without the intent required for murder, typically charged as voluntary or involuntary manslaughter. The difference often turns on factors like provocation, recklessness, or criminal negligence, and penalties vary widely by state and case facts. This article explains the legal definition, key elements, common defenses, […]

Lawyer Presenting Affirmative Defense in Court

Criminal Defense Strategies Legal Defenses

What is an affirmative defense?

March 26, 2026 • By Jack Gilbert

An affirmative defense is a legal argument that can defeat or reduce liability even if the plaintiff’s main allegations are true. Instead of denying the conduct, the defendant raises additional facts or legal doctrines—often with the burden of proof on the defense—to justify, excuse, or limit responsibility. This article explains how affirmative defenses work, common […]

Gavel and Legal Books Representing Actus Reus Concept

Criminal Law Legal Concepts

What is actus reus?

March 26, 2026 • By Jack Gilbert

Actus reus is the “guilty act” element of most crimes—typically requiring a voluntary act or a legally recognized omission. In criminal law, prosecutors generally must prove both actus reus and mens rea (the guilty mind) beyond a reasonable doubt. This article explains what counts as an act or omission, how causation and attendant circumstances fit […]

Lady Justice Statue Holding Scales and Sword

Criminal Defense Juvenile Justice

What is mens rea?

March 26, 2026 • By Jack Gilbert

Mens rea is the mental state prosecutors must prove—along with the actus reus—to establish most crimes. It covers intent levels like purpose, knowledge, recklessness, and negligence, which can raise or reduce charges. This article explains mens rea, common categories, and how it impacts criminal liability and defenses. When someone commits a crime, the physical act […]

Scales of Justice and Gavel Symbolizing Habeas Corpus Law

Appellate Law Constitutional Law

What is habeas corpus?

March 26, 2026 • By Jack Gilbert

Habeas corpus is a court petition that requires the government to justify a person’s detention and allows a judge to order release if the custody is unlawful. It acts as a key constitutional safeguard against being jailed without legal basis or due process. This article explains what habeas corpus means, when it’s used, and how […]

Scales of Justice and Gavel Representing Double Jeopardy Law

Appellate Law Constitutional Law

What is double jeopardy?

March 26, 2026 • By Jack Gilbert

Double jeopardy is the Fifth Amendment protection that generally bars a second prosecution or punishment for the same offense after an acquittal or conviction. It aims to stop the government from repeatedly trying someone until it wins, though separate sovereigns and certain mistrials can allow another case. This article explains when jeopardy attaches, what counts […]

Police Officer Reading Miranda Rights to Suspect

Arrest Procedures Criminal Procedure

What is Miranda rights?

March 26, 2026 • By Jack Gilbert

Miranda rights are 5 constitutional protections police must read before questioning you in custody, including the right to remain silent and the right to an attorney. They come from the U.S. Supreme Court’s 1966 case Miranda v. Arizona and help prevent coerced or uninformed statements. This article explains what the warning includes, when it’s required, […]

Arrest Procedures Criminal Procedure

What is probable cause?

March 26, 2026 • By Jack Gilbert

Probable cause is the reasonable belief—based on specific facts and circumstances—that a crime was committed or evidence of a crime will be found. It’s the constitutional standard police generally must meet to make an arrest, conduct a search, or obtain a warrant under the Fourth Amendment. This article explains how probable cause is defined, how […]

Lawyer and Client Discussing Plea Bargain in Courtroom

Criminal Defense Criminal Law

What is a plea bargain?

March 26, 2026 • By Jack Gilbert

A plea bargain is an agreement in which a defendant pleads guilty or no contest—often to a reduced charge or with a recommended lighter sentence—in exchange for avoiding trial. Prosecutors use plea bargains to resolve cases efficiently, while defendants may accept them to limit risk and uncertainty at sentencing. This article explains how plea bargains […]

Gavel and Legal Documents Representing Bail Proceedings

Bail and Bond Bail and Pretrial Release

What is bail?

March 26, 2026 • By Jack Gilbert

Bail is money or a bond a defendant posts to secure release from jail while awaiting trial, and the amount is set by a judge or schedule based on the charge and risk factors. It helps ensure the person returns to court and complies with release conditions, though some cases allow release without paying (own […]

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