Criminal Litigation - Page 15
This is FindLaw's collection of Criminal Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Criminal Litigation
Criminal Litigation Articles
-
As litigation continues to become increasingly complex with plaintiffs attempting to unite in class action lawsuits while naming as many defendants as possible, the legal costs associated with defending such lawsuits present a great economic challenge to many companies. This article addresses a number of ethical concerns which an attorney must consider before undertaking a joint defense in mass tort litigation. -
After a trial, the losing party often has too much at stake, emotionally or financially, to let the verdict stand unchallenged. Appeal is the next option, but many litigants do not fully understand how different an appeal is from a trial. The following is a discussion of common mistakes that such litigants regularly make. -
When can I get my gun rights back now that I have finished serving my time? Hopefully the client has the sense to even ask the question because some individuals rush out to get their weapons the moment their sentence has expired. -
Given the requirement of a charge to the jury on lesser included offenses, the obvious questions arise as to what offenses are lesser included to others and when should they be instructed. These issues have continued to perplex the courts, due in no small measure to the tendency of the legislature to constantly modify the elements of criminal offenses. -
As a result of several court opinions there has been a significant change in the law regarding jury instructions in murder cases. In State v. Farner, 66 S.W.3d 188 (Tenn. 2001) the court held that causation must be instructed in all homicide cases. -
Mental health evaluations are critical in determining such issues as insanity, diminished capacity, competency to stand trial, and sentencing mitigation. Too frequently we send our clients off for an evaluation without a lick of documentation beyond the warrants or the indictment. -
Now that the battered woman syndrome (BWS) has gained recognition in Tennessee, the "defense" can serve as another tool to defend women accused of crime. Having been through a few of these trials, I have been asked to offer some suggestions which might be of assistance in this type of case. -
Credibility is a key attribute in an expert witness, every trial lawyer would agree. But how do you gauge a potential expert's credibility? What attributes provide the best predictors of how the expert will measure up in the eyes of a jury? -
When hiring an expert, the most important quality to look for is someone who presents well, litigator Christopher A. Riley believes. Assess how he speaks, how he appears, and his degree of comfort with himself and his area of expertise. -
In what appears to be a case of first impression, the 7th U.S. Circuit Court of Appeals has ruled that two experts were not barred from testifying by their failure to prepare or sign their own reports, as required by the Federal Rules of Civil Procedure.