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19 Sep 2013, 10:03 am by Eric
The court also rejected Crabtree's argument that the jury should have gotten an instruction regarding "temporary innocent possession. [read post]
19 Sep 2013, 9:53 am by Bexis
”  Needless to say, most prisoner cases can’t meet that standard. [read post]
16 Sep 2013, 3:49 am by Susan Brenner
The agents arrested Lopez-Cruz and followed the caller's instructions, which led them to pick up two people, who admitted to being Mexican citizens without documents. [read post]
11 Sep 2013, 1:14 pm by Schachtman
  Second, having recommended the pre-trial procedure, and the substantive standard for reliability and validity, McIvor proceeds to tell us that it [the Daubert standard] has “proven to be a rather controversial test in practice. [read post]
6 Sep 2013, 9:04 am by Peter Tillers
The conjunction paradox takes an acute form in criminal cases - in which, let us assume, jurors are instructed they must find that proof establishes each element of the charge beyond a reasonable doubt and also the entire charge beyond a reasonable doubt. [read post]
5 Sep 2013, 9:57 pm by Daniel Richardson
Fellows, 2013 VT 45American criminal law has long struggled to deal with the unique aspects of sexual assault cases.The primary issue is one of corroboration. [read post]
30 Aug 2013, 3:52 pm by Jacek Stramski
In Re: Standard Jury Instructions in Criminal CasesInstruction 14.2 (SC12-1940). [read post]
5 Aug 2013, 11:13 am by Stephen Bilkis
The standard to be met by petit jury instructions, that they contain an adequate statement of the law to guide the jury's determination, applies with equal force to grand jury instructions. [read post]
25 Jul 2013, 4:30 am by Guest Blogger
In one 2007 case, a court in Saga prefecture acquitted a man who confessed to three murders following seventeen days of ten hour-plus grilling by the local constabulary. [read post]
18 Jul 2013, 12:00 am
In many criminal cases, a trial marks the mid-way point of the proceedings. [read post]
17 Jul 2013, 4:47 pm by Steve Sady
In this “narrow range of cases,” the sentencing court could examine court documents – the charging instrument and the jury instructions – to determine if the state conviction was for the branch of the relevant crime that matched the generic federal definition of the predicate offense for a “violent felony” under the ACCA. [read post]
12 Jul 2013, 5:21 pm by Stephen Bilkis
If you want to pursue a criminal case, consult the Nassau County Criminal Lawyer. [read post]
28 Jun 2013, 10:05 am
It is worthwhile to note that the jury instruction given in the case was actually generous to the defendant when compared to what the statutes and existing Second Circuit standard require. [read post]
25 Jun 2013, 6:13 pm by Lisa Milam-Perez
” Justice Ginsburg, dissenting, had argued to no avail that the use of two different standards would vex both trial judges and juries. [read post]
23 Jun 2013, 9:28 pm by Luke Rioux
United States to find that any fact which increases the minimum sentence for a crime must be proved to a jury beyond a reasonable doubt and cannot be found by a judge on a preponderance standard. [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
Congress made an exception, however, for criminal prosecution, reflecting the Obama Administration’s public intention to try the 9/11 terrorists in federal court.7 Second, the federal government suffered what many considered to be a defeat in its prosecution of Ahmed Ghailani, an al-Qaeda terrorist and the first Guantánamo detainee to be tried in federal court. [read post]
20 Jun 2013, 1:19 pm by Kevin Smith, J.D.
  In a copyright infringement case, which is usually a civil trial rather than a criminal one, the standard of proof is lower — usually infringement must be proved by “a preponderance of the evidence. [read post]