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Misdemeanors
Misdemeanors are less-serious crimes. They are generally punishable by a fine or incarceration in the county jail for less than one year. The prosecutor does not usually convene a grand jury to investigate and charge misdemeanor offenses, although such charges can be generated along with felonies. Most misdemeanors are charged by written indictment and in many jurisdictions, defendants are not entitled to a court-appointed lawyer. Often, misdemeanors are handled by special courts with abbreviated procedures. For instance, the defendant may have to request and pay a fee in order to get a jury trial. Misdemeanor traffic offenses may have pre-set penalties in the form of scheduled fines.
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Rights of Crime Victims
Many aspects of criminal law focus on the rights of the criminal. However, recent attention has been focused on the rights of the victims of crimes, who often suffer great emotional and physical injuries at the hands of the criminal. All fifty states and the federal government have laws that protect victims. In many states, a victim is considered to be the person who directly suffers the effects of the crimes (such as the person who is murdered) and immediate family members who suffer the secondary effects of the crime (such as the loss of a loved one). If you have been a victim of a crime, know your rights.
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Case Summaries
[03/15]
Dermer v. Miami-Dade County
In a First Amendment challenge to a county ordinance prohibiting any false statement concerning the contents or effect of any petition for initiative, referendum, or recall, partial summary judgment for plaintiff is reversed where: 1) plaintiff lacked standing to challenge the ordinance because he failed to submit any detail, such as when, where, or how he intended to exercise his right to free speech in the future, that illuminated the specifics of his claimed injury; and 2) plaintiff's claim was not ripe because his allegations contained no factual specificity and, therefore, did not demonstrate a credible threat of prosecution.
[03/15]
US v. Frank
Defendant's conviction for traveling and engaging in illicit sexual conduct with minors is affirmed where: 1) the district court did not err in denying defendant's motion to suppress defendant's non-Mirandized statements to Cambodian officials because the statements did not fall under the joint venture doctrine; 2) 18 U.S.C. section 2251A applied extraterritorially to reach defendant's conduct; 3) defendant's statement that the minor girls came to his hotel "for the pictures and to have sex together," taken into account with the other evidence presented, allowed the jury to conclude beyond a reasonable doubt that defendant engaged in illicit sexual conduct; and 4) the term "purchase," as used in 18 U.S.C. section 2251A(b), covered situations where a defendant pays a minor directly for sex.
[03/11]
Cole v. State of Florida
Conviction of defendant for two counts of first-degree murder, kidnapping and robbery, and sentence to death for each murder are affirmed where: 1) the trial court did not err in admonishing defense counsel for a cross-examination question to state's witness, a co-defendant, concerning the plea agreement; 2) the trial court did not err in admitting photographs of defendant and her co-defendants partying as it was relevant; 3) sufficient evidence exists to support defendant's first-degree murder convictions; 4) the trial court did not err in instructing the jury on, and in finding, the avoid-arrest and HAC aggravating factors; and 5) the sentences were proportionate and constitutional.
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