Articles Posted in Evidence

In many criminal trials, the prosecution relies on testimony from victims and eyewitnesses to prove its case against the defendant. As such, if a key witness for the state later recants their testimony, it may constitute grounds for reversing a defendant’s conviction. A change in an eyewitness account will not always result in a favorable…

In Michigan, many crimes are similar in nature and contain similar elements but vary in degrees. As such, if the prosecution cannot establish a defendant’s guilt for the charged offense, it may be able to obtain a conviction for a lesser included offense, which is a less serious crime that necessarily happens during the commission…

In Michigan, criminal statutes are made up of elements. Thus, when the state charges a defendant with a crime, the prosecution must establish each element beyond a reasonable doubt in order to obtain a conviction. While in some cases, the meaning of an element of a crime is clear, in others, it is less certain.…

The prosecution bears the burden of proving a criminal defendant’s guilt beyond a reasonable doubt. While the prosecution can offer both direct and circumstantial evidence to meet this burden, it cannot rely on evidence relating to the defendant’s prior bad acts or convictions to demonstrate the defendant’s character or to imply that they acted in…

The federal courts punish violent crimes more harshly than other offenses. While in some cases, it is obvious that a crime is violent, in other instances, the character or a crime is less evident. Recently, a Michigan court analyzed whether carjacking crimes prosecuted under a coconspirator theory of liability constituted crimes of violence, ultimately ruling…

Pursuant to the Fourth Amendment, people cannot be unreasonably searched or detained by the police. This means, among other things, that in most instances, the police must possess a warrant in order to search a person or their home. Additionally, there must be probable cause for issuing a warrant; if there is not, any search…

When a person is charged of violating a Michigan criminal statute, the prosecution must prove their guilt beyond a reasonable doubt in order to obtain a conviction. If the evidence the state offers at trial is insufficient to sustain a conviction, but a defendant is nonetheless found guilty, they may have grounds for filing an…

Pursuant to federal law, people convicted of violent crimes face greater penalties if they use firearms during the commission of the offense. Although federal law provides a definition for violent crimes, it is not always clear what offenses fall under the definition, and the issue often arises in federal courts. Recently, the United States Supreme…

In Michigan, it is unlawful to engage in sexual activity with a person who is unable to consent. In attempting to prove a person engaged in criminal sexual conduct, the prosecution will typically rely on circumstantial evidence, which may include proof that the person previously engaged in similar acts. While evidence of prior bad acts…

The Michigan legislature takes great measures to protect children from physical or sexual abuse and staunchly prosecutes people involved in sex crimes against children. For example, under Michigan law, a person may be convicted of a sex crime even if they have no physical interaction with the minor victim. This was illustrated in a recent…