| MISTAKE OF FACT AS A DEFENSE |
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| The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged. More... |
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| Juvenile Arrests and Procedures |
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| When a juvenile is arrested they are entitled to many of the same rights that an adult is entitled to upon arrest. More... |
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| Capital Punishment or the Death Penalty |
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| In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain federal offenses.
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| CONFESSIONS MUST BE VOLUNTARY |
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| The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary.More... |
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| NUNC PRO TUNC PROCEEDINGS |
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| If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed.
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