| PARDONS |
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| A pardon is an act on the part of a state's governor that exempts a defendant from punishment that has been assessed by a trial court. A pardon is also known as an act of clemency. State constitutions generally set forth a governor's power to grant pardons. Some state constitutions allow the governor to grant pardons in all criminal cases, except for cases involving treason or impeachment.More... |
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| A DEFENDANT'S RIGHT TO A SPEEDY TRIAL |
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| A defendant is guaranteed the right to a speedy trial under the Sixth Amendment of the United States Constitution. In addition, states have provisions in their constitutions that guarantee the same right.
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| Joinder of Offenses |
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| If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses. More... |
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| A DEFENDANT'S RIGHT TO A PUBLIC TRIAL |
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| A defendant is guaranteed the right to a public trial under the Sixth Amendment of the United States Constitution. The right to a public trial is also an element of the defendant's due process rights, which rights are guaranteed under the Fourteenth Amendment of the United States Constitution. In addition, states have enacted provisions in their constitutions that guarantee a defendant's right to a public trial. The public also has a right to attend criminal trials under the First Amendment of the United States Constitution.More... |
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| INTOXICATION AS A DEFENSE |
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| Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense. More... |
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