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

Ethics: Should the President Lose His License To Practice Law?

President Clinton did not commit perjury during his deposition in the Paula Jones civil suit under the latest California case applying federal law. In Cabe v. Superior Court (1998) 63 Cal.App.4th 732, the Court of Appeal held that a person who gives ...
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Evidence: Prior Bad Acts of Sexual Misconduct Admissible

Petitioner had been convicted of first degree criminal sexual misconduct for sexually assaulting his fifteen year old daughter. He filed an application for a writ of habeas corpus, claiming that his trial counsel had been ineffective because he had ...
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Expanding the Reach of Virginia’s Business Conspiracy Act

Over the past two decades, Virginia's state and federal courts have issued a series of opinions that have molded the character of the Virginia Business Conspiracy Act. For years, the decided cases narrowed the scope of the broadly worded statute ...
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Expert Courtroom Testimony in the Closed-Head Injury Case

CLOSED HEAD INJURY is poorly understood by the public in general and by juries of laypersons in particular. It is essential that rehabilitation experts be willing and able to testify in court so that jurors can appreciate the sequelae of closed head ...
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Experts: When to Hold ‘Em, When to Fold ‘Em

One of the most difficult tasks litigators face today is deciding when-and when not-to use experts. In deciding which experts to retain in a specific case, counsel should analyze all issues that could benefit from expert review. Rather than ...
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Expunctions

An expunction is a lawsuit asking a District Court to enter an order that all law enforcement agencies with any records of a person's arrest, (or criminal charges) erase, delete or destroy those records. It is intended to remove all records in the ...
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Failure to Prepare Report Ruled Harmless

Editor's Note: This article was originally published in BullsEye, a newsletter distributed by IMS Expert Services. 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 ...
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Family Violence: Protective Orders

What is a protective order? A protective order is a court order issued to protect victims of family violence. Family violence is an action or the treat of an action by a member of a "family" or a "household" against another member of the "family ...
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Federal Habeas Corpus Review

: The constitutionality and breadth of the many changes to the law of habeas corpus as the result of recent legislation is currently the subject of multiple court challenges. This overview reflects the law as of September 1999. The practitioner is ...
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Florida DUI Law

Many people being investigated for crimes or who have been charged with crimes fail to exercise the rights that they have under the United States and Florida Constitutions. The Fourth Amendment of the United States Constitution protects us from ...
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