| The Exclusionary Rule |
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| When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards.
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| Brady Materials and Impeachment Evidence |
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| Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure.
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| Preliminary Criminal Proceedings |
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| After a defendant has been arrested and may have been released, he or she is required to appear for an arraignment. An arraignment is a court appearance in which defendant is brought before a judge or magistrate and apprised of the charges lodged against him or her. Ordinarily with respect to a misdemeanor offense, the defendant will only be arraigned once. However, with a felony offense, the defendant may be arraigned more than once if the offense is changed from the offense listed in the initial accusatory instrument. More... |
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| Criminal Law Basics |
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| A criminal case arises when either the federal or state government seeks to punish an individual for an act that is a crime. Whereas a civil case typically deals with a dispute over rights and duties that individuals and entities owe to one another. More... |
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| Bribery and Financial Institutions |
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| Bribery with respect to financial institutions is a federal offense. More... |
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