Criminal Litigation

This is FindLaw’s collection of Criminal Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Criminal litigation refers to a trial in criminal court. Criminal litigation is distinct from civil litigation in most countries. Civil litigation is a private lawsuit between two parties, while criminal litigation is litigation brought by the state against an individual. Criminal trials require the highest standard of proof, which means the prosecutor must prove all elements of the crime beyond a reasonable doubt. 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

Court of Appeals Upholds Random Drug Testing of School District Custodians While Rejecting Drug Testing of All School Employees Injured on the Job

The Fifth Circuit Court of Appeals recently decided two cases regarding random and suspicionless drug testing of school employees. While the Fifth Circuit rulings are binding only in the states of Louisiana, Mississippi, and Texas, the rulings are ...
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Criminal: Challenge to Unconstitutionality of Grand Jury Waived

After Petitioner had pled guilty to cocaine possession, he moved to vacate his sentence under 28 U.S.C.§2255, claiming that the method employed to select the grand jury that had indicted him was unconstitutional. Petitioner's challenge was based on ...
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Criminal: Habeas Corpus Relief Granted To Petitioner Where Release On Bond Cancelled By Michigan Court Of Appeals’ Without Reason(s) Or Due Process.

Petitioner, incarcerated in the county jail, filed for a writ of habeas corpus under 28 USC. § 2241(c)(3) challenging his confinement pending the prosecution's appeal of the Circuit Court's opinion granting petitioner a new trial. On May 19, 1982 ...
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Criminal Law: Photographic Identification Not Impermissibly Suggestive

Petitioner, who was convicted of murdering his ex-wife and dismembering her body, sought habeas corpus relief on the grounds that the in-court identification of him by a witness was tainted by a prior photographic identification in violation of his ...
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Criminal Law Questions and Answers

How is the court system is set up? The criminal court system is designed to provide a fair, impartial and speedy trial. Entry into the system begins at arrest. After the defendant is booked, they make an initial appearance where they are either ...
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Criminal Liability for Medical Judgment

An attorney, ignorant of significant changes in the law, gives erroneous advice to a client. The client relies on that advice and sustains a major financial loss. An engineer, returning to work after having a few drinks at lunch, seriously ...
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Criminal Process

Your Rights: There are many aspects of the criminal process. You have rights that the state cannot ever take away from you. Crimes Defined: All the crimes that an individual can be charged with are too voluminous to list. Although, many general ...
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De-Rail The “Runaway Jury” By Promoting Jury Service Within Corporate America: Employers Should Support Jury Service Here Is How

I. INTRODUCTION "Runaway Jury" Â– to ordinary citizens this is just the title of a popular John Grisham novel and new motion picture. But, to any in-house counsel or civil defense lawyer, the phrase is likely to create anxiety. Will a lightning ...
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Defending the Charge of Rape

It is often said, "the charge of rape is easily made, but almost impossible to defend". This is most certainly a true statement. We often hear in the news about some woman, home alone in her apartment. Someone brakes in, wearing a ski mask, and ...
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Defending the Intentional Torts of False Arrest/False Imprisonment and Malicious Prosecution

Intentional torts are an area of the law not often examined in detail. However, intentional torts, such as false arrest and malicious prosecution, offer a fascinating look at how criminal and civil litigation overlap and eventually come to terms ...
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