| Production Immunity |
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| Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds. More... |
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| 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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| Jury Selection in Capital Cases |
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| In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More... |
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| DEFENSE OF PROPERTY |
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| A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property.
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| JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
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| When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense.
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