| Prosecutors, Immunity and Conflicts of Interests |
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| The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.More... |
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| WAIVER OF THE RIGHT TO COUNSEL |
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| Even though a defendant is guaranteed the right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, the defendant is entitled to waive such right. However, the defendant's waiver must be voluntary, knowing, and intelligent.
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| Battered Woman Syndrome |
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| Battered woman syndrome was first proposed in the 1970s. The syndrome was based upon clinical observations by a researcher of the effect of severe abuse and battery on a woman. Battered woman syndrome is a pattern of psychological and behavioral symptoms found in a woman living in an abusive relationship.
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| SEXUAL ASSAULT |
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| A person commits the offense of sexual assault when he or she intentionally or knowingly and without another person's consent causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person. More... |
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| A Criminal Trial at a Glance |
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| After a defendant has been arraigned and gone through all of the preliminary proceedings such as entering a not guilty plea, a trial will take place. Whether or not the defendant will have a jury will depend upon the defendant's choice. The defendant can select a jury trial or a bench trial. The prosecution cannot demand a jury trial. A bench trial is only in front of a judge.More... |
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