Criminal Law Newsletters

Opening Statements during a Criminal Trial

In a criminal proceeding each side has the opportunity to present an opening statement to the judge or jury. The prosecution presents its opening statement first and then the defendant presents his opening statement. In some states, the trial judge permits the defendant to defer giving his opening statement until the close of the prosecution's case. If there are multiple defendants being tried in one case, each attorney may give an opening statement for each defendant.

FEDERAL HABEAS CORPUS RELIEF

A state prisoner who has been incarcerated for a criminal offense by a state court may challenge his or her conviction by filing a petition for habeas corpus relief in a federal court. The federal court has jurisdiction over the prisoner's custody in a state correctional institution if the incarceration constitutes a violation of the United States Constitution or the laws of the United States. The prisoner's federal habeas corpus petition seeks to secure the release of the prisoner from an unlawful custody. However, in order to be able to file the federal habeas corpus petition, the prisoner must be in custody, the custody must be unlawful, and the prisoner must have exhausted his or her state remedies.

Jury Selection in Capital Cases

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.

CONFESSIONS MUST BE VOLUNTARY

The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary.

Juvenile Proceedings

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.