The PATRIOT Act officially the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act was quickly developed and passed after the terroristic attack on September 11, 2001. The PATRIOT Act gives state, federal, and international intelligence agencies the power to conduct surveillance without first going into court and obtaining a warrant.
If a driver receives a ticket for a speed violation, the driver may challenge the ticket. Often times, a speeding ticket is the result of an officer using a device known as a radar gun. The radar gun is a device that officers use to determine the exact speed that the driver is traveling at a certain point.
Probation is a type of sentencing by which a trial court suspends the imposition of imprisonment and releases a defendant into the community based upon certain conditions. Probation is an alternative to imprisonment. Probation is similar to parole because it grants freedom from incarceration.
A jury array is a list of jurors who are summoned to appear for jury duty. Jurors for a particular trial are selected from the jury array. A defendant is entitled to challenge the jury array. The defendant usually discovers flaws in the jury selection process during voir dire or questioning of the jurors. Grounds for challenging the jury array include corrupt summoning of the jurors, violation of the jury law, discriminatory selection of the jurors, or discrimination regarding exemptions for the jurors.
An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof.