|
CONFESSIONS - WAIVER OF RIGHTS
|
| |
| A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution. More... |
| |
|
NUNC PRO TUNC PROCEEDINGS
|
| |
| 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. More... |
|
|
|
CELLMATE INFORMANTS
|
| |
| There are many different types of informants; one of the types of informant includes a cellmate informant. A cellmate informant is an informant that is incarcerated at the same time as a suspect and becomes friendly with the suspect in order to obtain information pertaining to the suspect's criminal activity. More... |
| |
|
EVIDENTIARY HEARINGS IN FEDERAL HABEAS CORPUS PROCEEDINGS
|
| |
| A federal district court may dismiss a state prisoner's petition for federal habeas corpus relief without an evidentiary hearing if the petition is not sufficient on its face, if the petition fails to conform to applicable rules and procedure, or if the petition is frivolous. If the federal district court does not dismiss the petition, it will determine whether the prisoner is entitled to an evidentiary hearing on his or her petition.More... |
|
|
|
A DEFENDANT'S RIGHT TO BE PRESENT AT TRIAL
|
| |
| Under the Sixth Amendment of the United States Constitution, a defendant has a right to be confronted with witnesses who testify against the defendant. In addition, under the Fourteenth Amendment of the United States Constitution, the defendant has a right to due process. Included in these rights is a defendant's right to be present at his or her trial.More... |
