Discovery: What and When the Prosecution Must Disclose

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The discovery process in a criminal case is designed to promote fair trials and encourage the settlement of cases.  We think you may find this article discussing discovery policy and the prosecution’s disclosure duty helpful… By Paul Bergman, UCLA Law School Professor        “Discovery is the process through which defendants find out about the prosecution’s case. For example, …

Justices To Decide If Guilty Plea Ends Constitutional Claims

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We think you may find this article interesting… By Jody Godoy, Law 360 “The U.S. Supreme Court agreed on Tuesday to decide whether a defendant who pled guilty to violating federal law still has the right to challenge the law’s constitutionality on appeal, an issue the petitioner claims could affect the majority of criminal cases. Rodney Class pled guilty to unlawfully …

Minneapolis Police Shooting Exposes Flaws of Body Cameras

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Body cameras are growing in popularity, but the recent police shooting incident in Minneapolis exposes flaws in the use by policy of the technology.  We think you may find this article interesting… By Eric Levenson, CNN “There is no video of the fatal police shooting of bride-to-be Justine Ruszczyk in Minneapolis on Saturday — in part because body cameras worn by …

Hey Slow Drivers, Get Out of the Left Lane or Get a Ticket

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We think you may find this article helpful… By Christopher Brandon  “Is this one of your pet peeves? You’re traveling down the freeway in the left lane, passing cars on the right, with your cruise control set five or six mph above the posted speed limit. You approach a car in your lane that’s going below the speed limit, and the driver refuses to move …

Miranda: The Meaning of “Custodial Interrogation”

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We think you may find this article helpful… By Jane Rydholm     “Movies and television shows commonly portray police officers arresting and handcuffing suspects, reading them their Miranda rights, and questioning them. But Miranda comes into play in more scenarios than this one. The Miranda warning requirement arises if the suspect is subject to any kind of “custodial interrogation.” Custodial Interrogation …

If the Cops Pull You Over, These are Your Rights…

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We think you may find this article helpful… By Christina Sterbenz “When we heard about a New Mexico man’s nightmarish traffic stop, we wondered what rights you actually have when you get pulled over. We talked to Martin Kron, a New York traffic attorney and former traffic court judge, and his son, attorney Daniel Kron, about your rights on the road. Police can’t pull …

Supreme Court to Settle Major Cellphone Privacy Case

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We think you may find this article helpful… By Lawrence Hurley (REUTERS) “Police officers for the first time could be required to obtain warrants to get data on the past locations of criminal suspects based on cellphone use under a major case on privacy rights in the digital age taken up by the U.S. Supreme Court on Monday. The justices …

What is the Castle Doctrine and How Does it Affect Your Personal Safety?

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We think you may find this article helpful… By Karl de la Guerra, PPS, CLSS A law commonly known as the Castle Doctrine was recently revised in the State of North Carolina.  Because of that, many people are not aware of the new provision within this law.  I recently learned of its relative obscurity, while instructing a personal defense class …

Drug Overdose Immunity and Good Samaritan Laws

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We think you may find this article helpful… By National Conference of State Legislatures (NCSL) Drug overdose death rates have continued to rise, according to the Centers for Disease Control. More than 52,000Americans died of a drug overdose in 2015, the majority caused by opioids. Since 2010, 30 states have experienced increases in opioid deaths and the increase in deaths from 2014 …

The Difference Between a Preliminary Hearing and a Trial

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We think you may find this article helpful… By Paul Bergman, UCLA Law School Professor Preliminary hearings differ from trials in many important respects: Preliminary hearings are much shorter than trials. A typical prelim may take from a half hour to two hours, and some prelims only last a few minutes. Preliminary hearings are conducted in front of a judge alone, …