Criminal Law
| A DEFENDANT'S RIGHT TO A JURY TRIAL |
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| A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial. More... |
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| SEARCH & SEIZURE - SEARCH WARRANTS |
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| The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the placed to be searched or the person or thing to be seized. More... |
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| CREDIT CARD OR DEBIT CARD ABUSE |
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| A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked, uses a fictitious credit card or debit card with the intent to obtain a benefit, steals a credit card or a debit card knowing that it was stolen, buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder, sells a credit card or a debit card without being the issuer, or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person. More... |
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| Battered Person Syndrome and Battered Child Syndrome |
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| Battered person syndrome is a derivative of battered woman syndrome. Battered person syndrome involves battery of a male spouse or someone that resides in the household. Battered person syndrome may be used as a justification defense in a homicide prosecution. Typically, the defendant would assert self-defense as a defense and then justify the premise of the self-defense based upon the battered person syndrome. The premise behind battered person syndrome is that this syndrome is gender neutral. More... |
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| INJURY TO A CHILD, AN ELDERLY PERSON, OR A DISABLED INDIVIDUAL |
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| A person commits the offense of injury to a child, an elderly person, or a disabled individual when the person intentionally, knowingly, or recklessly causes serious bodily injury or impairment to the child, the elderly person, or the disabled individual. More... |
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