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March 2016 Archives

Fourth Amendment issues at play in case currently before high court

The case involves a 2006 traffic stop in which a narcotics detective stopped a man who was seen leaving a house suspected for drug activity. At the time arrest was made, the officer had no reason to believe a crime had been committed, but he did discover during the stop that there was an outstanding warrant for the man’s arrest, searched him, and ultimately arrested him for possession of methamphetamine.

Aggressive fraud enforcement highlights need for early involvement of experienced defense counsel

White collar criminal defense is not easy or glamorous work. Very often, individuals accused of white collar offenses are perceived in a negative light, particularly when the alleged criminal activity involves fraud on public tax dollars. Because the loss of public money to fraud every year is so great, the public generally has little patience for defendants in such cases, and law enforcement agencies and prosecutors are keen to track down offenders and bring them to justice.

When it comes to proving criminal charges, it’s all about the evidence, P.3

We’ve been writing in recent posts about neuroscience evidence in criminal cases, and the court system’s reluctance to accept such evidence because of its perceived lack—perceived or actual—of reliability. Reliability, we noted, is a big issue with any piece of evidence, and one of the tasks of a criminal defense attorney is to ensure that the evidence prosecutors are presenting in support of charges meets minimum standards of reliability.  

When it comes to proving criminal charges, it’s all about the evidence, P.2

Last time, we began looking at the issue of neuroscience and its increasing use in criminal cases. As we noted, neuroscience evidence is introduced in a fair number of cases, but there is still a great deal of caution about permitting such neuroscience evidence in court.

When it comes to proving criminal charges, it’s all about the evidence

Although there are many potential fronts on which a criminal defense case can be fought, the primary one is the evidence. Prosecutors are required to demonstrate with relevant and reliable evidence that the defendant is guilty of each charge, beyond a reasonable doubt. When the evidence just doesn’t reach this bar, it isn’t possible to convict. Dealing carefully with evidence, therefore, is a central aspect of an effective criminal defense case.

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