Janet Portman
Attorney · Santa Clara University School of Law
Can Defendants Waive the Right to a Jury Trial?
Why would a criminal defendant waive the Sixth Amendment right to a jury trial? Learn more about the pros and cons of waiving a jury trial. ... READ MORE
Is Polygamy Legal In the United States?
Laws against bigamy and polygamy might not stand up under modern notions of morality and the state's right to dictate it. ... READ MORE
Impeaching a Witness: What Does It Mean?
A lawyer can impeach a witness's credibility by presenting evidence of the witness's bias, reputation, or prior inconsistent statements. ... READ MORE
The Parole Process: An Early Release From Prison
Parole isn't exactly a "get out of jail free" card. But even with conditions, it beats remaining inside. ... READ MORE
What Happens When Kids Get Arrested: Detaining Juveniles and Alternatives
Children under the age of 18 (juveniles) often have a very different experience with law enforcement than do adults. While a few hand-and-fast rules govern the nature of these interactions, for the most part, law enforcement enjoys significant discretion. The discussion below touches on some of the issues ... READ MORE
How Do Multiple Convictions Affect My Sentence?
Defendants with multiple convictions try to avoid not only multiple punishments but also consecutive sentences. ... READ MORE
Sentencing Credits
Credit for time served and good time are sentencing credits that reduce a prisoner’s sentence. But credit for time spent in custody pre-conviction is not a sure thing, and good time can be lost. ... READ MORE
The Burden of Proof in Criminal Trials
Who must prove a criminal charge at trial and by what standard? What about proving a defense of self-defense or alibi? ... READ MORE
Jury Verdicts in Criminal Trials: Unanimous, or Not?
For a unanimous vote, what exactly must the jurors agree to? ... READ MORE
Jury Nullification: When the Jury Ignores the Law
Jury nullification has been used to acquit Vietnam-era draft evaders…and Southern Whites who assaulted civil rights workers. Is it a good thing? ... READ MORE