Criminal Law Newsletters

Attacking Eyewitness Identification

A defendant may attack eyewitness testimony during trial. There are numerous issues and problems that arise when dealing with eyewitness identification testimony. One of the largest issues involves the reliability of the eyewitness. The defendant may attack the eyewitness identification testimony by cross-examination, by way of a jury instruction, or by way of closing argument to the jury.More...

Criminal Misapplication

Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution. More...

A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL

The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trialMore...

SENTENCING HEARINGS

When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial.More...

Criminal Liability Under the Comprehensive Environmental Response, Compensation, and Liability Act

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances.More...