| Prosecutions for State Insurance Fraud |
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| Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer.
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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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| 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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| 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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| Factual Stipulations in Criminal Trials |
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| A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial. More... |
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