- [01/13] Ky. Amish men with objection to state law jailed
- [01/13] Houston police: Man stole SUV with toddler inside
- [01/13] Texas mom sentenced to 45 years for killing son, 6
Criminal Defense Articles
How Sentencing Works
Sentencing is a pivotal element in the criminal process. Beginning with the decision as to what type of crime a prosecutor decides to charge a suspect with, to whether or not a defendant decides to enter into a plea bargain or whether a defendant has a right to a jury trial, sentencing affects almost every aspect of criminal case. Despite its key role, however, the sentencing process remained largely unregulated until the 1970s when the United States Sentencing Commission was created to reduce racial and socio-economic disparity in the system.
When Do the Police Have to Read Me My Rights?
Your "rights," otherwise known as the Miranda warnings, are a list of statements that law enforcement must recite to you before they can conduct a custodial interrogation. The Miranda warnings exist to protect your Fifth Amendment right against self-incrimination. If you understand these rights before you talk to the police, the legal theory goes, anything you say after that will be voluntary. While the exact wording differs between jurisdictions, the warnings are essentially as follows: You have the right to remain silent. You have the right to have an attorney present. If you can’t afford an attorney, you will be provided one by the government. Anything you say can be used against you in court.
White Collar Crime Case Summaries
[01/10] Capital Management Select Fund Ltd. v. Bennett
In a securities fraud action stemming from a broker's rehypothecation or other use of securities and other property held in customer brokerage accounts, the district court's dismissal of all claims is affirmed, where the plaintiffs failed to make sufficient allegations that their agreements with the broker misled them or that the broker did not intend to comply with those agreements at the time of contracting.
[01/04] US v. Wright
Convictions and sentencing of defendants for honest services fraud and mail fraud are vacated where Skilling v. US, 130 S. Ct. 2896 (2010), requires a new trial on the honest services fraud convictions and that prejudicial spillover tainted defendants' mail fraud convictions.
[12/19] US v. Ferguson
Judgments of conviction of insurance company executives for conspiracy, mail fraud, securities fraud, and making false statements to the Securities and Exchange Commission are vacated and cases are remanded for a new trial where the district court abused its discretion by admitting prejudicial stock-price data to prove the materiality of misstatements to a reasonable investor.
[12/09] Bennett v. US
Denial of 28 U.S.C. section 2255 motion to set aside convictions for securities fraud, bank fraud, and money laundering is affirmed where: 1) defense counsel did not render constitutionally ineffective assistance by overriding petitioner's desire to exercise his constitutional right to testify at trial; and 2) petitioner's right to testify was not prejudiced in connection with the lack of objection by counsel to the district court's instructions on mens rea.
Criminal Defense Frequently Asked Questions
Are there special crimes to control children's behavior?
What is the difference between probation and parole?
How does a district attorney decide which criminals to go after?
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