| WAIVER OF THE RIGHT TO COUNSEL |
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| Even though a defendant is guaranteed the right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, the defendant is entitled to waive such right. However, the defendant's waiver must be voluntary, knowing, and intelligent.
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| Disclosure of Evidence |
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| The federal government and the defendant both have an obligation to disclose certain evidence or information when the opposing party has made a request for such information. If either party fails to disclose the requested information, the requesting party may file a motion requesting that the trial court compel discovery. More... |
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| PROSECUTION OF MILITARY PERSONNEL BY THE FEDERAL GOVERNMENT |
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| Members of the United States military are subject to a court martial when they commit offenses that are prohibited by the Uniform Code of Military Justice (UCMJ). Offenses under the UCMJ may be offenses that are either federal crimes, such as drug offenses and theft of government property, or they may be offenses that become federal offenses because they are committed on a United States military installation.
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| RESISTING ARREST |
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| A person commits the offense of resisting arrest when he or she intentionally prevents or obstructs a peace officer from effecting an arrest, a search, or a transportation of him or her or another person by using force against the peace officer. More... |
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| SEARCH & SEIZURE - SCHOOL SEARCHES |
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| The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property.More... |
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