If an Iowa court is trying a person for a criminal conviction, then the persecution must prove their case beyond a reasonable doubt. It is the most challenging type of case to prove, as it is the highest standard of proof required by courts. Non-criminal cases,...
Criminal Defense
Speak up to stay quiet: asserting your right to remain silent
We've all seen movies and television shows where a person is arrested and is told, "You have the right to remain silent. Anything you say can and will be used against you in a court of law." This line is not just used for dramatic effect in these films. You do have a...
Will judges and juries be able to identify deepfake evidence?
A deepfake video uses artificial intelligence to alter an image so that it appears to be someone else, or say something else, or depict someone doing something other than what they really were. Done with care, a deepfake can show almost anything you like, and it can...
Major poll says 94% of Americans want criminal justice reform
Weeks of nationwide and global demonstrations after the killing of George Floyd in Minneapolis have had their effect, according to a new AP-NORC poll. The vast majority of Americans now see the need for criminal justice reform. And, a large majority (69%) now says...
How much does it cost to collect all those court fines and fees?
Is assessing fines and fees an effective way to administrate justice? Does doing so result in less crime? Lower recidivism rates? Or does it come down unfairly on the poor? Should communities pay for part of their court administration costs with fines and fees? What...
Misdemeanors make up 80% of all state court dockets
In the wake of the national and international protests over police brutality, especially towards people of color, more attention is being paid to how people of color enter the criminal justice system. One of the major ways is through a low-level misdemeanor offense.In...
States consider the problem of implicit race bias in jury selection
For a jury to be of "your peers," shouldn't it more or less reflect the ethic makeup of the community you live in?The U.S. Supreme Court case of Swain v. Alabama held that prosecutors cannot intentionally exclude African-Americans from juries without violating the...
Study: Many courts allow unscientific psychology tests as evidence
Recently, a report appeared in the journal Psychological Science in the Public Interest that indicated large variability in what psychological tests are being allowed in American courts. These tests are used in both civil and criminal cases and can have enormous...
Supreme Court guarantees unanimous jury in serious criminal cases
The Sixth Amendment to the U.S. Constitution doesn't specifically grant criminal defendants the right to a unanimous jury, but the protection is so fundamental to justice that it is assumed. This is according to a majority of the U.S. Supreme Court led by Justice Neil...
Supreme Court: States may determine their own insanity defenses
Traditionally, the insanity defense has been available in two situations: Due to a mental illness or defect, the defendant could not keep his actions within the dictates of the law. Due to a mental illness or defect, the defendant could not appreciate the wrongfulness...
