One of the many rights the United States Constitution affords criminal defendants is the right to a trial before a jury of their peers. Parties do not have to exercise that right but can choose to be tried before a judge. The waiver of the right to a jury trial…
When a person is charged of violating a Michigan criminal statute, the prosecution must prove their guilt beyond a reasonable doubt in order to obtain a conviction. If the evidence the state offers at trial is insufficient to sustain a conviction, but a defendant is nonetheless found guilty, they may…
Many criminal offenses include an element of intent. In other words, the prosecution must show that the defendant acted knowingly or intentionally in order to obtain a conviction. When the terms of a criminal statute are vague, however, it may be unclear what evidence is necessary to obtain a conviction.…
Pursuant to federal law, people convicted of violent crimes face greater penalties if they use firearms during the commission of the offense. Although federal law provides a definition for violent crimes, it is not always clear what offenses fall under the definition, and the issue often arises in federal courts.…
Under the Armed Career Criminal Act (the Act), people with three or more prior convictions for certain felonies face enhanced penalties if they are convicted of a subsequent crime. The prior convictions must arise out of crimes that occurred on different occasions, however. Recently, the United States Supreme Court examined what…
Under Michigan law, there are some acts that, while they form the basis of criminal charges, are justified in certain situations. For example, if a person uses force against another person, they may be charged with an assault crime, but if they took such action to protect themselves or someone…
The United States Constitution grants criminal defendants numerous protections and rights. For example, the Sixth Amendment of the Constitution affords people charged with crimes the right to a public trial. If the right is violated and a criminal defendant is tried in a closed courtroom, it may constitute grounds for…
People wrongfully convicted of crimes have numerous avenues for seeking justice. For example, they may be able to file appeals or petition the court for a writ of habeas corpus. They must comply with statutory procedures prior to filing their petition, however, and if they fail to do so, their…
The Michigan Rules of Evidence dictate what evidence the state is permitted to use against a defendant at trial. Among other things, it must be relevant. Additionally, evidence that passes the relevance threshold may be deemed inadmissible if it is overly prejudicial. In a recent Michigan matter in which a…
Many people are reluctant to talk to the police about criminal activity due to loyalty to their friends and family, fear of implicating themselves, and other reasons. Regardless of their motive, people who refuse to participate in criminal investigations or lie to the police may face criminal charges. This was…