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Criminal Defense Articles
Juvenile Law
In the past, it was felt that children under the age of seven were mentally, and therefore legally, incapable of committing a crime. Children between the ages of seven and fourteen were presumed to be incapable of committing a crime, but if it could be proven that they knew the difference between right and wrong, they could be convicted of any adult crime. If they were convicted, they received adult penalties, even death. Views about children's criminality began to change in the 1800s and reformers emphasized the need to separate children from adult criminals by building separate children's houses of refuge. These facilities stressed education in moral and religious values as well as vocational skills consistent with their philosophy that children who committed crimes needed to be guided to develop into law-abiding citizens rather than be punished. Children were placed in these facilities, often after very informal procedures, and often for "non-crimes" such as running away from home, skipping school or disobeying their parents.
Should I Testify at Trial that I Acted in Self-Defense?
Every defendant in a criminal trial has the right to testify or not to testify, and whether or not you take the stand in your own defense is a decision to be made between you and your lawyer. While it may be surprising, experienced attorneys often encourage their clients not to take the stand and testify. Even if you want to tell your side of the story to a judge and jury, it is not always the best way to win your case. Getting on the stand opens you up to intense questioning by the prosecution; depending on your criminal history and your ability to stay cool under pressure, such scrutiny can sometimes hurt your case rather than help it. It’s your lawyer’s job to poke holes in the prosecution’s case against you, and a good attorney can sometimes do this effectively without putting you on the stand.
Criminal Law & Procedure Case Summaries
[03/10] US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.
[03/09] US v. York
Defendant's conviction and sentence for arson and carrying a destructive device are affirmed where: 1) there was sufficient evidence that the fire at issue was intentionally set; 2) the district court did not abuse its discretion by denying defendant's motion for a mistrial, because defendant failed to show that he was prejudiced by a jury note requesting to hear again defendant's confession; and 3) evidence that defendant had harmed his girlfriend went to issues other than defendant's character because it explained that she withheld information from the police due to her fear of defendant's threats.
[03/09] US v. Banegas
Defendant's drug conspiracy conviction is reversed where the trial court failed to state particularized reasons for requiring defendant to be shackled while defending himself pro se.
Criminal Defense Frequently Asked Questions
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