Criminal Law Newsletters

Best Evidence Rule

The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent.

Hybrid Representation and the Standby Attorney

Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation.

Pardons

A pardon is an act on the part of a state's governor that exempts a defendant from punishment that has been assessed by a trial court. A pardon is also known as an act of clemency. State constitutions generally set forth a governor's power to grant pardons. Some state constitutions allow the governor to grant pardons in all criminal cases, except for cases involving treason or impeachment.

Sentencing Hearings

When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial.

Surveillance Changes under the Patriot Act

The Patriot Act provides federal and international agencies with the ability to track and intercept oral, written, and electronic communications.