| Federal Government's Disclosure Obligations |
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| The federal government has a duty to disclose certain documents and evidence to the defendant. The federal government has a duty to provide the defendant with a copy of his prior criminal record. However, the only information that must be provided to the defendant with respect to his prior criminal record is that which shows which offense the defendant was convicted of. The federal government is not required to provide any other information with respect to the conviction. More... |
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| Attacking Eyewitness Identification |
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| A defendant may attack eyewitness testimony during trial. There are numerous issues and problems that arise when dealing with eyewitness identification testimony. One of the largest issues involves the reliability of the eyewitness. The defendant may attack the eyewitness identification testimony by cross-examination, by way of a jury instruction, or by way of closing argument to the jury. More... |
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| Hybrid Representation and the Standby Attorney |
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| Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation. More... |
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| The Exclusionary Rule |
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| When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards.
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| Motions to Suppress Evidence |
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| A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More... |
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