At times, a person can be proven in a court of law, beyond a reasonable doubt, to have been guilty of a crime yet not be held accountable for that crime. If proven by the defendant, either of two defenses will render the defendant free from sanctions arising out of a finding of guilt. Entrapment… Read More

In order to make an arrest, police are held to a standard of proof known as probable cause, the name of which describes the standard. The level of certainty is not “absolute cause,” meaning that incontrovertible proof is not needed, but at the same time, it involves a level of certainty much greater than a mere… Read More

Criminal statutes spell out, usually in clear words and sentences, proscribed behavior. In other words, they expressly define what people must not do. Such actual text is known as the letter of the law. The reason for the existence of the vast majority of statutes is readily comprehensible. For example, in common law, petit theft… Read More

The Fifth Amendment protects citizens from self-incrimination and establishes that one has no obligation to provide statements either to police or in court regarding one’s own criminal activity. However, it does not apply to statements made otherwise, including those in private conversations or monologue, by the subject of a criminal investigation and directed toward friends,… Read More

While many crimes are committed by a single offender, others are committed by two or more. When people team up to transgress, associated communication takes place and division of labor is established. In criminal organizations, orders are issued and received through whispers and code. In the case of an angry mob, “let’s get him!” might… Read More