What Happens If I Am Arrested?
After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of your Miranda rights (the …
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What Are The Miranda Rights?
Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain silent, that any thing you …
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Where Do The Miranda Rights Come From?
The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court decided the historic case of …
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How a Criminal is Sentenced for a Crime
The final phase of a criminal case, absent an appeal, is sentencing. It is during the sentencing phase that the judge decides what a convicted criminal’s sentence will be for the crimes that were committed. There are both objective and subjective factors that come into play during sentencing, making it one of the most important and controversial stages of any criminal case. How a …
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Not Guilty by Reason of Insanity
Many television and movie defendants are found not guilty by reason of insanity. However, real criminal defendants are not as successful with the insanity defense as popular media seems to suggest. One study found that the insanity defense is only used in about 1% of all court cases and is only successful in about 26% of those cases. So, only approximately one quarter of one …
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Defendant's Waiver of Indictment
This form is used by a criminal defendant to waive his or her right to prosecution "by indictment" and to give consent to be prosecuted "by …