Direct vs. Circumstantial Evidence: Observation vs. Inference

There are two types of evidence at a trial: direct and circumstantial. One, if believed, directly proves a fact; the other allows a fact to be inferred. In court a trial is held to determine specific facts and the legal implications of those facts. In a criminal trial, the question is if the defendant broke […]

Trayvon Martin, George Zimmerman and the Founders’ Faith in Grand Juries

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution…”  Thomas Jefferson The death of Trayvon Martin during an altercation with George Zimmerman prompted calls for a national discussion about race relations that went all the way to […]

Boston Marathon Bomber, Miranda Warnings and the Public Safety Exception

Law enforcement’s goal of taking Boston Marathon Bombing Suspect #2, [1] Dzhokhar Tsarnaev, alive was commendably achieved.  A principle reason for this goal was to question Tsarnaev about further potential dangers to the public.  The FBI has announced its intent to question him “extensively” prior to reading him Miranda warnings, relying upon the “public safety” exception […]

The Criminal Penalty of Crucifixion

Every year in the time leading up to Easter reenactments of the suffering and execution of Jesus Christ take place around the world. While the story of Christ’s crucifixion is nearly universally known, knowledge about crucifixion as criminal punishment, its widespread use and the horrible nature of death is not.  The brutal[1] method of execution […]

Florida Misdemeanor Law

While less serious than felonies, a Florida misdemeanor arrest and guilty finding leads to criminal records with the FBI and state police. Florida misdemeanors carry a maximum punishment of a fine and up to one year in jail. Crimes for which a person may be punished by more than one year in jail or in […]

Affirmative Defenses to Criminal Charges: Self-Defense, Necessity, Entrapment, Insanity & Intoxication

In some criminal cases the defendant admits committing a criminal act. A legal excuse or justification may exist. This is an affirmative defense. For a person to be guilty of a crime, there are two things that must exist. The person must perform an action that is prohibited by law, and do so with an […]

Driving With a Suspended License in Illinois

The State of Illinois can suspend or revoke a person’s driving privileges for 36 reasons. Over 500,000 people in Illinois are unable to legally drive. Driving[1] with a suspended or revoked license (DWLS) in Illinois[2] is a serious matter. It is a criminal offense. Many people assume getting a ticket for driving while suspended is no different than any […]

Illinois Misdemeanor Law

While the penalties are less serious than felonies, a misdemeanor arrest and guilty finding leads to criminal records with the FBI and state police. Illinois misdemeanors carry a maximum punishment of a fine and incarceration of up to 364 days in jail. Crimes for which a person may be punished by more than one year in jail […]

Arrest Warrants Issued in the United States

A judge commanding law enforcement officials to bring a wanted person before the court to answer to criminal charges issues an arrest warrant. The Fourth Amendment[1] to the US Constitution commands that the following conditions exist for an arrest warrant to issue: “The right of the people to be secure in their persons … against […]

The United States Felony Process

Americans are being locked up at ever increasing rates. Knowledge of the process leading to this result is important for all citizens. In 2008 the Washington Post reported that more than 1 of every 100 Americans was incarcerated. While there was a slight drop in Americans in jail or prison in 2011, the United States […]