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
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Tips On Preserving Arguments For Appeal
The federal and state reporters are filled with cases holding that what appears to be a meritorious argument was not adequately preserved in the trial court. Some cases even go so far as to reverse a judgment notwithstanding the verdict or a new ...
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The United States Supreme Court Extends the Holding of Daubert V. Merrell Pharmaceuticals to all Expert Testimony
On March 23, 1999, the United States Supreme Court, in Kumho Tire Company Ltd. v. Carmichael, No. 97-1709, held that a trial judge may subject expert testimony based on "technical" and "other specialized" knowledge to the same rigorous standards ...
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The Color Of Cocaine: The Results Of Field Tests Are Not Alone Sufficient To Prove The Presence Of A Drug Beyond A Reasonable Doubt
I represented the defendant on the appeal of his criminal conviction for the offense of possession of a controlled substance in the case of People v. Hagberg. The Appellate Court in Elgin published its opinion reversing the conviction on December 9 ...
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Sue And Labor Clauses In The Year 2000 Context: The Key To Recovering Y2k Preventive Costs?
This article originally appeared in the October 1999 issue of The Metropolitan Corporate Counsel and is republished with their permission. This information or any portion thereof may not be copied or disseminated in any form or by any means or ...
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Shareholder Action Challenging Executive Compensation Dismissed Based Upon Special Litigation
The Supreme Court of State of New York, County of New York, in Kahn v. Buttner, No. 600456/97 (N.Y. Sup. Ct. N.Y. Co. Sept. 28, 1999), in a decision written by Justice Charles Edward Ramos, dismissed a shareholder derivative action contending that ...
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Overview of a Lawsuit
When most people think of the American legal system, they probably think of a courtroom where lawyers argue their cases to the jury under the auspices of a judge. The media and entertainment industry has bombarded the viewing public with dramatic ...
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Offshore Jurisdictions: Part One Trouble in Paradise
The most recent estimates from the United States Treasury Department calculate that approximately US$8 trillion resides in the 45-plus recognized "offshore" jurisdictions that circle the globe. With most financial experts agreeing that this amount ...
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Neither Bankruptcy nor The Double Jeopardy Clause Bars the Customs Service from Collecting Civil Penalties
In a recent case in the United States Court of International Trade (CIT), United States v. DeBellas Enterprises Inc. and Anthony DeBellas, the Court refused to dismiss the individual defendant, Anthony DeBellas, from a lawsuit instituted to collect ...
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SEC Implements Attorney Conduct Rules: Redefining the Relationship between Attorneys and their Clients
On January 23, 2003, the Securities and Exchange Commission ("Commission") adopted final rules under Section 307 of the Sarbanes-Oxley Act of 2002, which establish standards of conduct for attorneys "appearing and practicing before the Commission ...
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Representing Victims of Crime: A Perspective on the Disaster of American Public Policy and Proposals for Change
When crime strikes innocent children, women and men, in all but a handful of cases there is absolutely nothing our civil justice system can do to restore the devastation and destruction that has occurred. Government programs to compensate victims of ...
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