| Right to Effective Counsel and Attachment of the Right to Counsel |
|
| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
|
|
| PROSTITUTION, PIMPING, & PANDERING |
|
| A person commits the offense of prostitution when he or she knowingly offers to engage, agrees to engage, or engages in sexual conduct for money with another person. A person also commits the offense of prostitution when he or she knowingly solicits another person in a public place to engage in sexual conduct for money. More... |
|
|
| A DEFENDANT'S RIGHT TO TESTIFY |
|
| Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense. More... |
|
|
| MARITIME JURISDICTION OF THE FEDERAL GOVERNMENT |
|
| In accordance with Article III of the United States Constitution, the federal government has jurisdiction over all admiralty and maritime cases. This means that the federal government has jurisdiction over all criminal offenses that are committed on the high seas, on any other waters within the jurisdiction of the United States, or on any vessel that belongs to the United States, to a United States citizen, or to a corporation, which vessel is located within the admiralty or maritime jurisdiction of the United States and not within the jurisdiction of a state.
More... |
|
|
| Best Evidence Rule |
|
| The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent. More... |
|
|