| Punishment of Crime - An Overview |
| |
| Punishment is imposed following a defendant's conviction for any crime. Such punishment is usually imposed by the judge in the trial court, although in certain cases in some jurisdictions the amount of punishment is recommended by or actually set by a jury. In all cases, the amount of punishment that may be imposed is limited by the sentencing statute associated with the crime for which the defendant has been convicted. More... |
| |
| Attorney-Client Privilege |
| |
| Communications between an attorney and a client made during a professional meeting are considered confidential and do not have to be disclosed. The client owns this communication and therefore the client is the only individual who may waive this privilege. The purpose of this privilege is so that the client may be able to fully disclose all information to his or her attorney. More... |
| |
| CHALLENGING A JURY ARRAY |
| |
| A jury array is a list of jurors who are summoned to appear for jury duty. Jurors for a particular trial are selected from the jury array. A defendant is entitled to challenge the jury array. The defendant usually discovers flaws in the jury selection process during voir dire or questioning of the jurors. Grounds for challenging the jury array include corrupt summoning of the jurors, violation of the jury law, discriminatory selection of the jurors, or discrimination regarding exemptions for the jurors.More... |
| |
| CULPABLE MENTAL STATES |
| |
| In order to be convicted of a criminal offense, a defendant must commit certain conduct that is prohibited by a statute, a municipal ordinance, or a rule; the defendant's conduct must produce the required result; the defendant must have the required mental state or culpability for the offense; and any exception to the offense must be negated. The required mental state or culpability for an offense refers to the defendant's state of mind or intent. The required mental state or culpability for an offense may consist of one or more mental elements.
More... |
| |
| GRAND JURY PROCEDURE |
| |
| When a grand jury is impaneled to investigate criminal activity, one member of the grand jury is selected as a foreman. The foreman is responsible for presiding over the grand jury. A quorum is necessary for the grand jury to proceed. Nine grand jurors is the minimum for a quorum when there are 12 grand jurors. If the grand jury acts without a quorum, the proceedings are void. Any indictment that is issued by the grand jury without a quorum is subject to being dismissed or quashed.More... |
| |
