| The Introduction of Polygraphs or other Lie Detector Tests at Trial and Other Uses of the Polygraph |
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| Generally, courts in most jurisdictions do not admit the results of polygraph or other lie detector examinations. Most courts find such results quite unreliable and untrustworthy. There are a number of states that will admit polygraph or lie detector tests results into evidence if both the prosecution and defendant agree that the test results will be admitted. More... |
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| Witnesses and Confidential or Classified Information |
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| Prosecutions involving issues of war, national security or espionage may involve witness testimony and classified information. Classified information is defined as information that should not be disclosed to the public because of the sensitivity of the information or the source from which the information was derived. Prosecutors and defense attorneys should avoid divulging classified information during the witness's testimony. Under the Classified Information Procedures Act, the attorneys are to avoid any unnecessary or inadvertent disclosure of classified information. More... |
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| THE FEDERAL "THREE STRIKES" LAW |
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| The Federal "Three Strikes" Law was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The "Three Strikes" Law requires enhancement of sentencing for a defendant who has been convicted of two prior felonies.More... |
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| Closing Arguments During a Criminal Trial |
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| The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process. More... |
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| PROSECUTION EVIDENCE AT SENTENCING HEARINGS |
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| Either the prosecution or the defense may present evidence at a defendant's sentencing hearing. If the prosecution presents evidence, it is generally in the form of the defendant's prior criminal record or the defendant's bad reputation and bad character.More... |
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