General Litigation
| Racial Profiling and the Criminal Justice System |
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| Racial profiling refers to the law enforcement practice of using race as a factor in deciding who is a suspicious person that should be investigated. Racial profiling is illegal.
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| Discretionary Review of a State Court Decision |
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| Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court. More... |
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| Innovations in Jury Trials |
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| States have implemented various innovative procedures to assist jurors during trials. The changes are aimed at improving juror understanding of the evidence and the court proceedings. Jurors are permitted to take notes during the trial in some courts. Trial judges in some courts have discretion to give jurors copies of preliminary jury instructions when the trial starts. In some courts, jurors can submit questions for witnesses. They can even discuss the case among themselves before jury deliberations begin. More... |
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| Guardians ad Litem |
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| Guardian ad litem is a Latin term meaning "guardian at law." A guardian ad litem is a person appointed by the court to speak on behalf of a child and to protect the rights of the child during court proceedings. In some states, a guardian ad litem has to be a licensed attorney. In other states, a guardian ad litem does not have to be an attorney but must have special training and/or certification to be eligible to perform the functions of a guardian ad litem.
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| Scientific Evidence |
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| Scientific evidence is demonstrative evidence or evidence that is introduced to prove a fact by some mode other than oral testimony. Scientific evidence is obtained by using the scientific method, a process of scientifically investigating physical evidence. The information obtained is considered valid since it has been tested. Any scientific evidence that is admitted during a trial must be both relevant (tends to prove or disprove the factual matter being considered by the court) and reliable or trustworthy. Handwriting analysis, fingerprint and footprint analysis, DNA analysis, and lie detector test results are all examples of scientific evidence. Generally, an expert witness is called to testify about the reliability of the scientific evidence sought to be introduced at trial. More... |
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