In the United States juries are not informed by the judge of their right to nullification because the case law addressing jury nullification remains oblique. It is therefore commonly said that in the United States juries are empaneled to resolve issues of fact, but when it comes to nullification, juries…
The criminal procedure applicable to the Michigan Juvenile Criminal Courts is similar to but much different from the procedures utilized and applicable to the Michigan Adult Criminal Courts. The purpose of this article is to give a brief yet concise summary of these differences. If you are charged as an…
Americans value their privacy. It is considered a right. Americans especially value the right to privacy from government intrusions. The Constitution’s 4th Amendment requires probable cause for a warrant to search or seize a person’s belongings. This is also where we find our right to privacy. Does the Right to…
To complete an investigation and, ultimately, file charges for child pornography, law enforcement will almost always attempt to seize and search the electronic devices they believe could contain illegal material. The way police gain access to these devices can be an important issue in child pornography cases (called Child Sexually…
Charges for criminal sexual conduct cases, more commonly called sex crimes or sexual assault, are often based only on the memories of the complaining witness. This is especially true for sexual assault that allegedly took place when the adult victim was a child. In these sex crimes cases there is…
The Michigan Court of Appeals has indicated that two sentences of 30 to 50 years in prison for two CSC-I convictions may run consecutive to one another. This effectively means that this defendant received a minimum sentence of 60 years. The name of the case is People v. Randolf. The…
A recent Michigan Court of Appeals panel reversed a conviction for Criminal Sexual Conduct First Degree, commonly called rape, due to improper witness vouching. The case involved three expert witnesses, all of whom testified for the government. In different and sometimes subtle ways, each expert made improper statements about the…
A psychosexual evaluation (PSE) is a psychological assessment administered by a licensed psychologist that collects information about one’s biographical and sexual history. In addition to the clinical interview, the therapist will also administer several related psychometric tests, and based on both, will provide an opinion relative to the propensity one…
In most situations the answer is no, but the most complete answer is “it depends.” First, it is important to know that restitution is different from fines and costs. Fines are defined by statute and meant to be punitive. For example, if you were convicted of prescription fraud under 18…
President Biden recently signed an executive order seeking to have the rules applicable to sexual misconduct cases reviewed. Previously, President Trump had increased the due process of rights of the accused, bringing them more in line with the constitutional rights afforded those accused of sexual assault crimes in state and…