The Criminal Law Process

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What Is Probable Cause?
Probable cause—it's a term we hear all the time. What does it mean to have probable cause? And when do police and prosecutors need it? Learn more about this abstract legal concept and its application in arrests, searches, seizures, and criminal charging. ... READ MORE

Criminal Sentencing: Must the Punishment Fit the Crime?
The U.S. Supreme Court has interpreted the ban on cruel and unusual punishment as forbidding the government from imposing a criminal sentence that’s disproportionate to the crime committed. In practice, however, the Supreme Court has given the government (state and federal) a great deal of latitude in deciding the appropriate level of severity in criminal sentencing. ... READ MORE

When Do Police Need an Arrest Warrant?
Most arrests occur without arrest warrants—do arrest warrants even matter? ... READ MORE

Capital Punishment: Getting the Death Penalty
The federal government, along with just more than half the states, retain capital punishment for certain murders and other serious offenses. ... READ MORE

When Must Miranda Warnings Be Given
Not every interaction with a suspect or citizen requires police to provide a Miranda warning. What you say can often be used against you. Learn more about your Miranda rights and how to assert them. ... 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

Prisoners' Rights
People who have been convicted of crimes and sentenced to a period of incarceration certainly lose their freedom to move about, but they don’t lose all of their legal rights. This article explains the most important rights retained by incarcerated people. ... READ MORE

Counterfeiting: Who Pays When Merchants, Banks, and Individuals Are Duped?
Innocent recipients of counterfeit money end up with worthless paper. They may, however, have a way to make themselves whole. ... READ MORE

Laws Restricting Bomb Making: Owning, Using, and Creating Explosives
Creating, owning, or distributing the parts for or the instructions to make any type of bomb--pipe bombs, mobile bombs, etc-- is punishable under federal law. ... READ MORE

 

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