If a defendant in a criminal case appears to be afflicted with a mental illness during a trial, the court may order him to be tested for competency. The request for testing can be made by a judge, a prosecutor or even the defense. If the defendant cannot communicate with his legal counsel or comprehend […]
An individual may choose to file for an appeal at the conclusion of his criminal trial. An appeal asks a court of a higher jurisdiction to look at the presented issues and decide if the lower court made a mistake. An appeal is not a new trial nor is it a way for the defendant to […]
In the U.S., every state has created its own laws regarding marital rape. At its most basic level, marital rape is unwanted sexual behavior between wedded partners. The Texas Penal Code classifies marital rape as a type of sexual assault. Sexual assault occurs when a person intimately or erotically touches another without consent. An individual’s […]
The Fourth Amendment to the Constitution prohibits the government from performing unreasonable searches and seizures of people and their property. Ultimately, this means that the government must have a valid explanation in order to inspect a citizen’s belongings. If police officers have consent, they can legally conduct a search. A person may give authorities the […]
Anyone who has watched a police television show has heard Miranda rights being read to a person. However, many people may not know exactly what they include or when they apply. The Supreme Court created Miranda rights in the court case of Miranda v. Arizona. Each defendant must be advised of the following items: A […]
