| Punishment of Crime - An Overview |
| Punishment is imposed following a defendant's conviction for any crime. Such punishment is usually imposed by the judge in the trial court, although in certain cases in some jurisdictions the amount of punishment is recommended by or actually set by a jury. In all cases, the amount of punishment that may be imposed is limited by the sentencing statute associated with the crime for which the defendant has been convicted. More... |
| Vindictive and Selective Prosecution |
| A prosecutor may violate a defendant's due process rights if they are using their decision to prosecute the defendant for purposes of retaliation. More... |
| REQUESTS FOR JURY INSTRUCTIONS |
| Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties.More... |
| Jury Selection in Capital Cases |
| In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More... |
| A DEFENDANT'S RIGHT TO COMPULSORY PROCESS |
| A defendant who is charged with a criminal offense has the right to compulsory process under the Sixth Amendment to the United States Constitution. The right to compulsory process means the right to obtain witnesses in the defendant's favor, which witnesses are physically and mentally capable of testifying regarding events that they personally observed. More... |
