As with any crime, the prosecutor must prove every element of the crime in order for a conviction. Under California law, the crime of robbery has five elements: taking property that is not your own; the property is taken from…
What is a Public Defender?
Public defenders are lawyers who represent indigent defendants in criminal proceedings and are compensated by the government for their work. Although there had been private organizations like New York’s Legal Aid Society (founded in 1876) performing this task with public…
Obtaining DNA Sample Before Conviction
The Fourth Amendment prohibits unreasonable search and seizures by the police. While some warrantless searches are permitted based on the circumstances, there must be some reasonable and articulable suspicion by a law enforcement officer before a person may be detained,…
State Gun Laws in the United States
There are an estimated 270,000,000 private citizens in the United States that own firearms (approximately 88.8 people per 100 own a firearm). According to an analysis of the number of background checks conducted by each state for prospective gun owners,…
Federal Gun Laws
The debate on gun control includes many issues such as whether restrictions are permissible under the Constitution, and whether gun control laws actually help to control crime. State laws restricting firearms vary and are independent of federal firearms laws, which…
Gun Control Laws
California is considered to have some of the strictest gun control laws in the country with approximately 950 firearm laws currently in effect. Supporters of stricter gun laws argue that these laws are necessary to curb crime and enhance safety,…
ID Laws
Proposed voter identification laws in at least six states currently are being reviewed by courts, or are pending approval by the U.S. Department of Justice. Critics and proponents of voter ID laws agree that voter ID laws could have a…
Mandatory Life Without Parole Sentences for Juveniles Unconstitutional
The United States Supreme Court recently held that mandatory life sentences without the possibility of parole are unconstitutional when applied to juveniles. This marks the third time in a decade that the Supreme Court has imposed limits on how juveniles…
Accomplice Liability – The Long Arm of the Law
While it may be considered a good deed to help someone, helping someone commit a crime can get you in trouble. In fact, under the legal principle of “accomplice liability,” you can be charged, convicted and sentenced for the same…
Self Defense, Stand Your Ground and the Castle Doctrine
The fatal shooting of Trayvon Martin by George Zimmerman in February 2012 has sparked a high level of media attention, public scrutiny, and scholarly debate. Many months after the shooting, there seems to be more questions than answers. While it…