Sixth Amendment

CLE Course: Issue Spotting in Criminal Law Cases

There is a great deal at risk when a person is accused of a crime. Your client’s life and liberty are at stake, and there is a lot of information you need to be able to recognize to ensure that your client’s rights are properly protected. Whether you are a civil attorney that needs a refresher on criminal law or you are…

Juror Privacy … Or a Fair Trial?

By Jason Castillo, Director of Legal Education There is a major conflict brewing in our American legal system.  The conflict pits the electronic privacy rights of jurors against the Sixth Amendment and the right to a fair trial for criminal defendants.  And last week a California Appeals Court decision bolstered the Sixth Amendment – while possibly undermining the SCA and juror privacy.[1]  In Juror…

Should One Facebook Post Merit a New Trial?

By Jason Castillo, Director of Legal Education Do you think that this Facebook post violates a criminal defendant’s Constitutional right to a fair trial?  And should the juror’s Facebook postings protected under the federal Stored Communications Act (SCA)?[1]  An appellate court in California has been asked to decide these novel electronic issues.[2] In June, 2010, shortly after the jury convicted the parties involved in…