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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The Ten Most Frequently Asked Question Regarding Drunk Driving
To convict a person of driving while intoxicated the State must prove beyond a reasonable doubt that the person operated or intended to operate a motor vehicle, which was operable while (a) under the influence of intoxicating liquor or under the ...
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When Your Company Goes to Trial The Role of The CEO
Like it or not, corporations are cold, emotionless institutions, yet legal counsel representing them during multimillion-dollar court battles know they must portray their clients in human terms if they are to win the favor of the jury. One method of ...
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You Have the Right to Remain Silent
In 1966, the United States Supreme Court in the Miranda case established a set of warnings that all law enforcers must give to people interrogated while in custody. Prior to any questioning, individuals in custody must be warned that they have the ...
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Showdown at the DWI Corral
The good driving while intoxicated (DWI) defense attorney is a gunslinger. You're fighting on their turf. The odds are always against you, and everybody is gunnin' for you. It's you against the world. The prosecutor has his posse - the sheriff, the ...
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When is Time Out?
It is fundamentally appalling--not to mention unconstitutional--to force individuals to defend themselves against ancient charges that have long been time-barred from prosecution. It is a violation of both the ex post facto clause and the due ...
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Supreme Court Watch: Kumho Tire Co., Ltd. v. Carmichael : Bolstering Safeguards against Non-Scientific Experts
When the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), many in the defense bar hailed it as a victory against "junk science." Left unanswered by Daubert, however, was the ...
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The Securities and Exchange Commission Mandated EDGAR Filing for Foreign Private Issuers
The United States Securities and Exchange Commission (the SEC) approved a rule requiring foreign private issuers to file their securities documents with the SEC via the Electronic Data Gathering, Analysis and Retrieval (EDGAR) system. The rule ...
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Selling your case with Demonstrative Evidence
The techniques of demonstrative evidence have become so widespread that it is no longer unusual to walk into a courtroom and see stacks of blow up photographs and diagrams. The techniques that we tend to take for granted in even a small to ...
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Southern District Of New York Applies New York Insurance Law Section 1213 To Strike Unauthorized Insurer’s Pleading For Failing To Post Security
The Southern District of New York recently struck the answer of an unlicensed foreign insurer that failed to post pre-answer security, and ordered the imposition of statutory penalties of pre-judgment interest and attorneys' fees for its vexatious ...
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Should I Accept that Invitation to be an Audit Committee Financial Expert?
As mandated in Section 407 of the Sarbanes-Oxley Act of 2002, the SEC adopted rules and amendments requiring each Securities and Exchange Commission reporting company to disclose whether it has at least one "audit committee financial expert" serving ...
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