| Jury Selection in Capital Cases |
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| In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More... |
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| Witnesses and Confidential or Classified Information |
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| Prosecutions involving issues of war, national security or espionage may involve witness testimony and classified information. Classified information is defined as information that should not be disclosed to the public because of the sensitivity of the information or the source from which the information was derived. Prosecutors and defense attorneys should avoid divulging classified information during the witness's testimony. Under the Classified Information Procedures Act, the attorneys are to avoid any unnecessary or inadvertent disclosure of classified information. More... |
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| Juvenile Proceedings |
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| Juvenile proceedings are different from regular criminal proceedings because they are tailored toward juveniles, children under the age of 18. Every state has a different type of system set up to handle their juvenile matters. Some states have an actual juvenile court, other states place juvenile matters under the guise of the family or probate court. However, most courts that have jurisdiction to hear juvenile matters may transfer the case to a trial court when the offense charged is severe. The process of transferring a juvenile case is often referred to as waiving jurisdiction. More... |
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| Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts |
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| Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money. More... |
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| Factual Stipulations in Criminal Trials |
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| A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial. More... |
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