Criminal trials in the US proceed according to the common law system inherited from the British. The system is accusatory in nature in that an open contest is held between the defending individual and the prosecuting authorities to determine the innocence or guilt of the individual accused. The judge and jury act as neutral arbitrators…

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Most state laws give the benefit of the doubt to a person who has acted in self-defense. If someone breaks into your house, and you shoot that person out of fear of being harmed, then the court will generally rule in your favor. However, this does not mean that no questions will be asked about…

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The criminal process in the US begins when a person commits a crime by performing an illegal activity.  Criminal assault and injury cases follow through a process of arrest, accusation, public trial, and defense plea. There is no one criminal court process in the country. Each state has its own laws that affect the judicial…

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A private criminal prosecution is a criminal proceeding that is filed by an individual or an organization rather than the public prosecutor that represents the state. In the past, private prosecutions were allowed in most states under common law. However, this is not the case today. Almost all criminal prosecutions today are initiated by public…

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Steven woke one night to find a robber in his home. In the tussle that followed, Steven suffered a broken rib, but luckily the intruder was caught by the police. Due to the injury, Steven decided to file a criminal injury claim to get compensation for the injuries. It should have been easy for him…

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If you or someone you know has been wrongly detained, you should consider filing a habeas corpus petition in court. Habeas corpus (translation: produce the body) is an important legal concept that safeguards individuals’ freedom against lawless actions of the state. It ensures that miscarriages within the justice system are identified and corrected. The petition…

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Personal injury cases can be confusing for many people. They do not just involve proving that the injury occurred due to another person’s criminal act – the plaintiff has to provide evidence to the court about medical costs, lost days at work, and other financial hardships suffered due to the injury. Most people do not…

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