Miranda Rights of Criminal Defendants

The right to remain silent and the right to counsel are implied rights grounded in the self-incrimination clause of the 5th amendment. The landmark case of Miranda v. Arizona was decided by the United States Supreme Court in 1966 which held that statements obtained from defendants during incommunicado interrogation in police-dominated atmosphere, without full warning of constitutional rights, were Continue Reading...

The Famous Insanity Defense

The insanity defense is a favorite on television and in the movies in attempting to relieve criminal defendants of punishment for their acts. The test in the majority of States is known as the M’Naghten test: the standard is whether at the time of the conduct in question the defendant lacked the ability to know the wrongfulness of his actions or understand the nature and consequences of his acts; Continue Reading...

Sean Taylor Case and the Felony Murder Doctrine

The recent tragedy regarding the murder of Washington Redskins safety Sean Taylor concerns a legal principle known as the "Felony Murder Doctrine". In this case, there were four individuals involved in the burglary of Sean Taylor's Florida home. These are allegedly some of the same individuals who burglarized his house eight days earlier. During the commission of the burglary (the predicate Continue Reading...

Assault Charges

A person is guilty of Simple Assault if he: Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury. Continue Reading...

Harassment Charges

The New Jersey Harassment Law is set forth at N.J.S.A. 2C:33-4. This statute provides that a person is guilty of a petty disorderly persons offense “harassment” if he: Makes or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively course language, or any other manner likely to cause annoyance or alarm; Subjects another to Continue Reading...