| An overview of the PATRIOT Act |
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| The PATRIOT Act officially the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act was quickly developed and passed after the terroristic attack on September 11, 2001. The PATRIOT Act gives state, federal, and international intelligence agencies the power to conduct surveillance without first going into court and obtaining a warrant. More... |
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| WITNESS TAMPERING |
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| A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding.
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| Confessions - Fifth Amendment Right to Counsel |
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| The United States Supreme Court held in 1966 in the case of Miranda v. Arizona that a person has a right to an attorney during questioning by the police. The basis for this right is the privilege against self-incrimination under the Fifth Amendment of the United States Constitution.
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| FRIVOLOUS APPEALS |
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| An appeal is considered to be frivolous if it lacks merit. An appeal lacks merit if a trial court committed no error in a defendant's case. Attorneys generally have a duty not to file frivolous appeals. However, even though an attorney may deem that a defendant's appeal is frivolous, he or she may be required to file an appellate brief. Such a brief is called an "Anders" brief.More... |
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| Production Immunity |
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| Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds. More... |
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