Explore in-depth insights into the series of legally mandated steps that govern the processing of criminal cases, from investigation to trial. Visitors will find video interviews with experienced attorneys, comprehensive articles, and detailed resources discussing key aspects like arrest procedures, bail, arraignment, and plea bargaining. Enhance your understanding of how due process and constitutional rights are upheld in the criminal justice system.
A preliminary hearing is a court proceeding where a judge decides whether prosecutors have enough probable cause to keep a felony case moving forward. It typically occurs early after arrest or charging and may include witness testimony and limited cross-examination. This article explains how preliminary hearings work, what evidence is presented, possible outcomes, and how […]
What is a preliminary hearing? Read More »
Modern due process has been shaped by 10+ landmark Supreme Court decisions interpreting the Fifth and Fourteenth Amendments. These rulings define fair procedures (notice, hearing, counsel) and, at times, protect fundamental rights from arbitrary government action. This article highlights the key cases, holdings, and their impact on today’s due process standards. The concept of due
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The inevitable discovery doctrine stands as a critical exception to the exclusionary rule in United States criminal procedure. This legal principle allows for the admission of evidence obtained through unconstitutional means if the prosecution can demonstrate that the evidence would have been discovered inevitably through lawful methods. The doctrine serves as a counterbalance to the
Inevitable Discovery: Exception to Exclusionary Rule Read More »
The admissibility of hearsay evidence in criminal trials is a complex and often contentious issue in the American legal system. Hearsay, defined as an out-of-court statement offered to prove the truth of the matter asserted, is generally inadmissible due to concerns about its reliability and the inability to cross-examine the original declarant. However, numerous exceptions
Hearsay Evidence: Exceptions in Criminal Trials Read More »
The corpus delicti rule stands as a fundamental principle in criminal law, serving as a safeguard against wrongful convictions based solely on confessions or admissions. This legal doctrine requires prosecutors to present independent evidence that a crime has actually occurred before a defendant’s extrajudicial statements can be used to secure a conviction. The Latin phrase
Corpus Delicti Rule: Proving a Crime Occurred Read More »
The concept of probable cause stands as a fundamental pillar of the American criminal justice system, serving as the constitutional threshold for lawful arrests, searches, and seizures. Enshrined in the Fourth Amendment to the United States Constitution, probable cause acts as a safeguard against arbitrary government intrusion into the lives of citizens. This legal standard
Probable Cause: Standard for Arrests and Searches Read More »
The presumption of innocence stands as a fundamental principle in the American criminal justice system, serving as a cornerstone of due process and fair trial rights. This legal doctrine asserts that an individual accused of a crime is considered innocent until proven guilty beyond a reasonable doubt in a court of law. The presumption of
Presumption of Innocence: Cornerstone of Criminal Justice Read More »
The concept of double jeopardy stands as a cornerstone of the American criminal justice system, providing a crucial safeguard against repeated prosecutions for the same offense. Enshrined in the Fifth Amendment to the United States Constitution, this legal principle prohibits the government from subjecting an individual to multiple criminal prosecutions or punishments for a single
Double Jeopardy: When You Can’t Be Tried Twice Read More »
By Keith Jordan, former Criminal Defense Attorney in Santa Clara County, California. Originally published in 2002 and reposted with permission from Crime, Justice and America magazine Can a police officer pull you over when you’re driving along minding your own business, or stop you when you’re walking down the street? Not without a reason to
How Probable Cause Allows You To Be Stopped, Detained, and Possibly Searched Read More »
