Criminal cases are based on evidence. Because the U.S. Constitution guarantees that defendants are innocent until proven guilty beyond a reasonable doubt, the evidence presented by the prosecution must be enough to outweigh that offered by the defense. Not everything can be used as evidence though, and many rules determine the admissibility of evidence in […]
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 […]
Why Judges or Attorneys Must Sometimes Recuse Themselves
But as the public may talk about recusal when it is discussed in major news stories, many don’t understand what the term means or its greater implications on the judicial system. Here’s why someone may recuse themselves from a case and what happens if someone who should have recused themselves didn’t. What Does Recuse Mean […]
Will a Case Get Dropped if a Victim Refuses to Testify?
Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
The Concept of Imperfect Self Defense and When it Can be Used in Vista
Self-defense is considered a “perfect defense,” meaning you automatically qualify for a full acquittal if the defense succeeds. However, even with a top criminal attorney, it can be difficult to prove all of the requirements for self defense, particularly in a case involving murder. When it’s impossible to prove self defense in a murder case […]
Why Frank Castle Deserves a New Trial in Daredevil
One of the defining character-building moments of Netflix’s Daredevil series is the complete and utter failure of Matt Murdock as a defense lawyer in the courtroom trial of Frank Castle, a.k.a. The Punisher. While Murdock and his legal partner, Foggy Nelson, always had the deck stacked against them in this case (Frank Castle is undoubtedly […]
The Pros and Cons of Eliminating Cash Bail
Like most things, cash bail has pros and cons, but when you look at the data, evidence suggests eliminating it would benefit society overall. In California, we were lucky to get a chance to see how putting an end to cash bail could work when the state instituted a zero bail policy in an effort […]
Evidence Tampering Laws in Vista, California: 132 (PC), 134 (PC), 135 (PC), and 141 (PC)
Evidence integrity in the court system is critical, especially as the US justice system requires prosecutors to prove the defendant’s guilt beyond a reasonable doubt. Unreliable or missing evidence could result in great injustices. To protect evidence accuracy, California has passed many laws prohibiting its destruction, concealment, or alteration. If you have been accused of […]
Debunking the 10 Most Commonly Believed Legal Myths
Many shows, books, and movies depict the legal system, but because writers need to be concerned with conciseness and ratings, they often fall back on common misconceptions. Unfortunately, when myths spread enough, the public starts to accept them as accurate, but no matter how much people believe these ideas, it doesn’t change how the criminal […]
Can a Diary be Used as Evidence? Are Diaries Admissible in Court?
Diaries and journals can be written for many reasons, but one thing most of these writers have in common is the expectation that their private thoughts and observations will be kept confidential. Unfortunately, the US legal system doesn’t hold diaries as a protected source of speech that can’t be used against their writer later on. […]
