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- Can We Continue to Afford the Luxury of the Death Penalty?
The death penalty consumes tremendous amounts of financial and labor resources. In fact, making the death penalty expensive is a key component of defending these cases. That begs the question whether the death penalty has become to expensive to continue.
- Are You Required to Open the Door When the Police Are Knocking?
Whether or not to answer the door when police are knocking is a common question for lay persons concerned with understanding their rights and responsibilities when interacting with law enforcement.
- Will Lowering the Legal BAC Limit from .08 to .05 Criminalize Responsible Behavior?
Some States have lowered the legal BAC limit to 0.05. The question is whether that move punishes people for acting responsibly. There will always be pressure to lower legal BAC limits, but at some point private citizens must have the freedom to engage in legal activities, like responsible consumption of alcohol, without fear of arrest and prosecution.
- Remaining Silent Does Not Invoke Your Right to Remain Silent
The United State Supreme Court has ruled that simply remaining silent does not invoke one's right to silence. Instead, the right must be expressly invoked by a criminal suspect, or else their silence can be argued as evidence of guilt.
- Building Your Forensic Defense Case . . . First Things First
A checklist on how to build your defense to the prosecution's forensic case [may] increase your chances of success. It's time to start studying, brainstorming, and building ideas on constructing a solid foundation.
- Steps to Challenge the Prosecution's Forensic Evidence
What should the criminal defense lawyer do to challenge the prosecutor's forensic evidence? Here are some practical tips on how to use the law and facts to help.
- Defending a Criminal Case Using Forensic Experts
Hiring a qualified expert might be the only way a criminal defense attorney can challenge the prosecutor's forensic evidence. Whether the hired expert testifies or simply prepares the lawyer to cross-examine the opposing expert, they may be the lynchpin to a successful defense.
- Should We Allow Our Clients to Tell Us the "Whole Truth"
Allowing clients to tell us the whole truth is always a tactical decision. We never want to limit their ability to defend themselves in a future trial. Consequently, criminal defense lawyers should exercise caution when eliciting information from their clients.
- University Discipline . . . The Illusion of Due Process
Higher education institutions, like colleges and universities, have student codes of conduct. A student may be prosecuted by their university for violating such a code. However, when the university prosecution is linked to a criminal investigation the student is in grave danger of self-incrimination.
- Hearsay Exception: Why All Lawyers Should Love "Learned Treatises"
The learned treatise is the foundation for cross-examining the opposing expert witness. Here are some ideas on how to execute this strategy.