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Judicial Review of Disputed Jencks Act Materials

Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior...

Capital Punishment or the Death Penalty

In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain...

SENTENCING HEARINGS

When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage...

JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by...

A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL

Criminal Law & Procedure: Trials: Defendant's Rights: Right to Remain Silent

The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to...