| PAROLE |
| Parole is the early release of a prisoner from incarceration. Parole is discretionary and is usually subject to certain conditions. Parole is not a commutation or a change in a prisoner's sentence. It is also not an act of clemency.More... |
| CONFESSIONS MUST BE VOLUNTARY |
| The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary.More... |
| Drunk Driving |
| Drunk driving is a crime in all 50 states including the District of Columbia. Depending upon the state, the name the offense is referred to varies. Some states refer to the offense as DWI, driving while intoxicated. Others use DUI, driving under the influence of an intoxicant, or OUI operating under the influence. In some states an OUI is a lesser offense for a DWI. As stated above, one needs to look to the state where they reside to determine the proper terminology.More... |
| Search Incident to a Valid Arrest |
| Although the Fourth Amendment to the United States Constitution guarantees the right to be secure against unreasonable searches and seizures and requires a search warrant in order to search a person or a place, there are exceptions to this requirement. One of the exceptions is a search that occurs at the time of a valid arrest. More... |
| A DEFENDANT'S RIGHT TO TESTIFY |
| Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense.More... |
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