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

Strategies for Avoiding Incarceration Where a Defendant Possesses No Defense to a Third DWI Offense in New Jersey

The penalties for a third offense of Driving While Intoxicated under New Jersey ’s DWI Statute, N.J.S.A. 39:4-50, are substantial and include 180 days of jail. While 90 days of the term of incarceration may be served in an inpatient rehabilitation ...
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Supreme Court Overturns Deputy Commissioner Deference Rule

For approximately fifteen years, it has been the general rule that the Full Commission is free to reach a different conclusion on credibility from that reached by the deputy commissioner, but it must document that it paid sufficient consideration to ...
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The Neuropsychologist in Minor Brain Injury Cases

It was more than fifteen years ago that a local Massachusetts woman unable to obtain services for her daughter who had sustained a closed head injury in a motor vehicle accident founded what became the National Head Injury Foundation and has ...
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The New Y2K Act

Introduction As is now well known, for years computer programmers inputted only the last two digits of the calendar year using 1900 as the base. On January 1, 2000, computers with such programming may recognize "00" as the year 1900. This could lead ...
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The War Between Diversity and Religion and the No-Man’s Land for Employers

Employers pushing toward diversity in the workplace are now encountering push-back from employees on the religious right. These employees contend that diversity policies requiring them to "value" concepts with which they fundamentally disagree for ...
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The Year 2000 Problem: It’s Not Too Late To Avoid The Legal Bite Of The Millennium Bug

The Year 2000 Problem ("Y2K") or, as some call it, the Millennium Bug, has been widely publicized. While there is a broad spectrum of opinion about the severity of the problem itself, from the survivalists expecting Armageddon to those who dismiss ...
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To Wait, or Not To Wait!

After getting hurt in any situation, should you seek immediate medical attention or wait until your condition improves? Although most people would elect not to seek further medical treatment unless a serious medical condition eventually develops ...
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Trials and making a record in Arkansas

The record for appeal is constructed in the trial court. Arkansas is one of the worst states in finding "procedural default." That is, the Arkansas appellate courts will go out of their way to avoid deciding the merits of a case if an objection was ...
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U.S. Supreme Court Expands Daubert

Federal Rule of Evidence 702 reads "if scientific, technical or other specialized knowledge will assist the trier of fact...a witness qualified as an expert...may testify thereto in the form of an opinion." Previously, the U.S. Supreme Court ruled ...
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Under 21 OUI Issues

The new OUI has created a separate, complex set of rules that affect drivers under 21 differently from their adult counterparts. These issues have come up more and more frequently lately, Use the following as a guideline in handling some of these ...
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