Category: Uncategorized

Prosecutors have the power to decide whether or not to charge a particular defendant and which charges to file. This rather broad power is called “prosecutorial discretion.” Under this power, prosecutors also have the authority to enter into plea bargains with a defendant, which can result in the defendant pleading guilty to a lesser charge… Continue Reading »

Statutory rape refers to sexual relations involving someone below the “age of consent.” People who are underage cannot legally consent to having sex, so any form of sexual activity with them violates the law. This is true even in situations where they signal their agreement. While the crime is popularly called statutory rape, many states… Continue Reading »

While it isn’t specifically stated anywhere in the Constitution, criminal defendants generally have the right to be tried by “a jury of peers.” You may be wondering what exactly that entails. Contrary to popular belief, defendants are not entitled to a jury containing members of their own race, gender, age, or sexual orientation. So what… Continue Reading »

One of the most reliable forms of evidence in many criminal cases is in our genes, encoded in DNA (deoxyribonucleic acid). DNA evidence can be collected from blood, hair, skin cells, and other bodily substances. It can even be used to solve old crimes that occurred prior to the development of DNA-testing technology. Similar to… Continue Reading »

A police officer conducting a traffic stop may search your vehicle and seize evidence without  a warrant under certain conditions. The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure, but interpretations of “reasonableness” have changed throughout history. Under the exclusionary rule, the prosecution cannot use any evidence or information obtained… Continue Reading »