Tag: Constitutional Rights

If A Jury Finds You Not Guilty, Can The Prosecution Charge You Again?

After a jury finds you not guilty, the prosecution usually cannot charge you for the same crime arising out of the same circumstances.

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Can A Prosecutor Use Your Silence Against You?

A prosecutor usually can’t use your silence against you. But if you testify at trial, things change, and prosecutors can use it.

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What is a Bivens Action?

A Bivens action is a lawsuit against a federal government official who violates someone’s constitutional rights.

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What Is A Bivens Claim?

A Bivens Claim is the kind of lawsuit you bring when a federal official violates your constitutional rights.

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What is Cruel and Unusual Punishment?

The Eighth Amendment prohibits cruel and unusual punishment. But what constitutes cruel and unusual punishment?

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How Does The Fifth Amendment Apply When You Get Arrested?

The Fifth Amendment applies when you get arrested. It states that you can’t be forced to be a witness against yourself.

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What are the Possible Sentences You Could Face After Conviction?

The courts decide a sentence according to the offense and the law governing it. There are various types of sentences you might get. Here is how courts decide a sentence.

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How to Challenge a Prison’s Decision not to Give you a Diet Consistent with your Religion?

If you or your loved ones are denied a diet consistent with your religion in prison you can challenge it in court. There are constitutional as well as legal protections to challenge it.

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What Can You Do If You Think Your Judge Has A Bias?

You have the right to a fair trial under the Sixth Amendment. This includes the right to a fair judge who does not have a bias against you.

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What Do You Do If a Prosecutor Strikes Jurors Based on Race?

A prosecutor might try to exclude a juror on the basis of race or other discriminatory grounds. You can object to this by raising a Batson challenge.

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