| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
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| There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More... |
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| Mail Fraud |
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| Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question.
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| Witness Immunity From Prosecution |
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| A witness may be granted immunity from prosecution by way of federal or state law. Immunity is granted in exchange for a witness's testimony about a certain event. There are two types of immunity available, use immunity or transactional immunity. More... |
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| The Criminal Justice Process - An Overview |
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| The criminal justice process begins with the discovery that a crime has been committed. Some crimes such as traffic offenses and resisting arrest are committed in the presence of a law enforcement officer. In general, when a police officer observes the commission of a crime, the officer may arrest the offender without seeking an arrest warrant. Most crimes, however, are committed when a law enforcement officer is not present. Those crimes are investigated by state and local police departments, and federal agencies including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service (INS), and the Internal Revenue Service (IRS).
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| Right to Effective Counsel and Attachment of the Right to Counsel |
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| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters.More... |
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