Criminal Law
| Competency and Sequestration of Witnesses |
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| Testimony of witnesses is a common way to present evidence during a criminal trial. However, before the testimony of a witness can be accepted during a defendant's trial it must be established that the witness is competent or have the capacity to testify.
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| Severance of Offenses and Defendants |
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| If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance. More... |
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| A DEFENDANT'S RIGHT TO A PUBLIC TRIAL |
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| A defendant is guaranteed the right to a public trial under the Sixth Amendment of the United States Constitution. The right to a public trial is also an element of the defendant's due process rights, which rights are guaranteed under the Fourteenth Amendment of the United States Constitution. In addition, states have enacted provisions in their constitutions that guarantee a defendant's right to a public trial. The public also has a right to attend criminal trials under the First Amendment of the United States Constitution. More... |
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| Criminal Misapplication |
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| 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.
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| A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL |
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| 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 trial More... |
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