You’ve almost certainly heard the phrase “guilty beyond a reasonable doubt,” but have you ever thought about the specific meaning of “reasonable doubt?” As an American, you should. That’s because this phrase is a cornerstone of our national justice system. Rather than some countries that consider you guilty until you are proven innocent, the American […]
The 7 Types of Criminal Warrants in California
While most people have heard of search and arrest warrants, fewer are familiar with the other types used in the criminal justice system. Regardless of the variety, they are all used to help keep the justice system working as smoothly as possible, making it possible for police to do their jobs while ensuring witnesses and […]
What’s the Point of Multiple Life Sentences?
People can only live once. So what’s the point of judges sentencing people to multiple life sentences? There are actually valid reasons for this strange-sounding criminal penalty, including the real meaning of “life” imprisonment and how the judicial system works. Here’s why courts in California give multiple life sentences and why it makes sense from […]
Can Two People Be Convicted For the Same Crime?
When two people confess to the same crime, it’s an obvious sign that one is lying for one reason or another. But could two people be convicted for the same crime if only one person could have committed it? As it turns out, yes. Doesn’t that Mean Punishing an Innocent Person? We previously discussed how […]
Could the Us Use Income-Based Fines for Crimes?
An old expression says that if a crime is punishable by a fine, it’s only illegal for the poor. That idea can be very problematic in cities like San Francisco, Los Angeles, and San Diego, where there is such a massive disparity between the incredibly rich and the incredibly poor. Under traditional penalty structures, the […]
What Does it Mean to Instruct Jurors in a Trial?
Jury instructions can dramatically impact a criminal case because they tell the jury how they should apply the law to determine whether the facts indicate that the defendant committed a given crime.
Prosecutorial Misconduct in Vista, California: Examples and Remedies
Most people are familiar with misconduct, including illegal search and seizure, use of excessive force, or forced confessions. But while law enforcement officials are critical in arresting and investigating alleged criminals, it’s the prosecutors who actually choose to file charges, present evidence, and strive to ensure the defendant’s conviction. Unfortunately, just like police, prosecutors sometimes act in a […]
Wiretapping and Unauthorized Call and Conversation Recording Laws in California
California is a two party consent state, meaning it is illegal to listen to other people’s conversations or record a conversation without the consent of all parties involved. California Penal Code section 631 (PC) prohibits wiretapping another person’s phone, while 632 (PC) prohibits eavesdropping and unauthorized recording —but there are exceptions to both of these laws. […]
What Pretrial Motions Are Criminal Attorneys Most Likely to Use in Vista?
After charges have been filed in a criminal case, after the preliminary hearing in a felony case, and before a trial, a prosecutor or defense lawyer can make court filings called “pretrial motions” to ask a judge to make a particular decision regarding a case before the trial begins. These motions can affect the trial […]
What Are Legal Precedents and How do They Work?
One of the most essential cornerstones of the American justice system is the concept of stare decisis, which is Latin for “let the decision stand.” In simple terms, this means courts should base their decisions partially on legal precedence set by previous judicial rulings. Unfortunately, many people still don’t understand what a legal precedent is, […]
