2024-03-26 23:35
In cases involving allegations of sexual exploitation with computer images of child pornography, defendants face severe consequences and complex legal proceedings. Pretrial motions play a cr… Read More
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Barkan Research Blog
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Tags:
relief
postconviction relief
sexual abuse
facto
arkansas
sexual
facto laws
indifference
evidence
civil rights lawsuit
Barkan Research publishes the best criminal and civil citation books on the market. Our blog shares insight regarding pre-trial and post-conviction criminal issues plus section 1983 as it applies to prisoners. Barkan Research is committed to explaining the law in easy to understand terms.
2024-03-26 23:35
In criminal cases involving sensitive and serious charges like child pornography, selecting the right jurors is paramount. The views, biases, and experiences of potential jurors can signific… Read More
2024-03-21 12:55
When it comes to selecting the best jurors to render a decision in a prisoner’s Section 1983 civil lawsuit against a prison official, knowing effective questions to ask individuals dur… Read More
2024-03-21 12:46
When it comes to selecting the best jurors to render a decision in a sex-based criminal case, knowing effective juror questions to ask individuals during voir dire is paramount. In this blog… Read More
2024-03-20 22:03
In the realm of civil rights litigation, prisoners often rely on 42 U.S.C. §1983 (Section 1983) of the Civil Rights Act of 1871 to seek remedies for constitutional violations they exper… Read More
2024-03-20 21:32
In Pennsylvania, post-conviction relief offers a crucial avenue for individuals to challenge the legality of their convictions or sentences. Understanding this process is essential for those… Read More
2024-03-20 21:24
In Indiana, post-conviction relief offers a crucial avenue for individuals to challenge the legality of their convictions or sentences. Understanding this process is essential for those seek… Read More
2024-03-20 21:15
In Arkansas, post-conviction relief offers a crucial avenue for individuals to challenge the legality of their convictions or sentences. Understanding this process is essential for those see… Read More
2024-03-20 21:06
In the realm of prisoner rights litigation, deliberate indifference represents a critical concept. It refers to situations where prison officials knowingly ignore or disregard an inmate&rsqu&hell…Read More
2024-02-27 21:32
In the realm of criminal law, the principle of ex post facto plays a crucial role in safeguarding individuals against unjust legal ramifications. Ex post facto, a Latin term meaning after th… Read More
2024-02-27 21:20
In the realm of criminal law, defendants rely on various legal principles to safeguard their rights and ensure fair treatment within the legal system. One such principle is collateral estopp… Read More
2024-02-27 21:14
In the realm of criminal law, the statute of limitations serves as a crucial legal principle that delineates the timeframe within which prosecutors can initiate criminal proceedings against… Read More
2024-02-27 21:05
In the realm of federal habeas corpus petitions, understanding the one-year habeas statute of limitations is crucial. This post delves into the intricacies of this timeframe, exploring how i… Read More
2024-02-27 19:43
In the realm of federal habeas corpus appeals, there exists a critical yet often misunderstood element known as a Certificate of Appealability (COA). This document serves as a gateway to app… Read More
2024-02-22 14:36
Sex-based criminal cases are sensitive and complex, requiring meticulous legal strategy and preparation. In the pursuit of justice, pretrial motions play a pivotal role in shaping the trajec… Read More
2024-02-22 13:34
In the vast world of legal literature, where should individuals turn for the most reliable and up-to-date resources and the best place to buy a law book? With numerous options available, its… Read More
2024-02-13 19:53
In the realm of criminal law, every decision made by a court has the potential to significantly impact the lives of those involved. Whether its a defendant seeking justice or the prosecution… Read More
2024-02-06 14:07
Prosecutorial misconduct is a significant issue within the criminal justice system that can have devastating consequences for defendants. This blog post aims to provide a comprehensive overv… Read More
2024-02-05 18:36
In the world of criminal law a plea agreement plays a pivotal role, often serving as a compromise between the prosecution and the defendant. This legal maneuver can be a complex and somewhat… Read More
2024-02-01 19:08
Plea bargains are a fundamental aspect of the criminal justice system, playing a crucial role in resolving criminal cases efficiently. However, plea bargains are not constitutionally guarant… Read More
2024-02-01 18:56
Plea bargaining is a fundamental aspect of the criminal justice system that often remains shrouded in mystery for the general public. It involves negotiations between the prosecution and the… Read More
2024-02-01 18:48
In the complex world of criminal law, one phrase that often arises is plea agreement or plea bargain. But what purpose does a plea agreement or plea bargain in criminal cases serve, and why… Read More
2024-02-01 18:35
Plea bargaining is a fundamental aspect of the criminal justice system, serving as a mechanism to expedite the legal process and resolve cases efficiently. It involves negotiations between t… Read More
2024-01-25 16:16
The walls may seem imposing, but the right tools can still empower inmates who fight for their rights, even from within a jail or prison cell. If someone is incarcerated and considering, or… Read More
2024-01-25 15:48
In a society that values justice and fairness, the legal system plays a pivotal role in ensuring that individuals rights are protected. This system relies heavily on legal citations to maint… Read More
2024-01-25 15:36
Navigating the complex world of criminal law can feel like traversing a labyrinth blindfolded. For those caught in its web, especially the defendant who’s representing themselves in co… Read More
2024-01-25 15:24
In the world of criminal law, accuracy and precision are paramount. Whether for the defendant representing themselves during a criminal trial or the inmate pursuing post-conviction relief, h… Read More
2024-01-18 15:21
Post-conviction relief is a critical aspect of the criminal justice system, offering a glimmer of hope to those who believe they were wrongfully convicted or unfairly sentenced. In this comp… Read More
2024-01-17 22:23
In the world of criminal justice, convictions can sometimes feel like a heavy weight that hangs over an individual’s life indefinitely. However, the legal system acknowledges that lega… Read More
2024-01-15 14:15
The Eighth Amendment to the United States Constitution plays a critical role in safeguarding the rights of prisoners in the American criminal justice system. It is the cornerstone of ensurin… Read More
2024-01-09 16:19
In September 2023, Arizona reached a $5,000 settlement to resolve a state prisoner’s retaliation claim that former correctional officer Jacqueline McCowan (Ostrander) issued a false di… Read More
2023-12-07 17:16
The foundation of a just legal system lies in impartiality and fairness. Judges are entrusted with the responsibility of dispensing justice fairly and without bias. However, there are… Read More
2023-12-07 17:05
Judicial bias, also known as judicial misconduct or impartiality, is a serious concern in the legal system. When individuals believe that a judge is not acting impartially or fairly, it can… Read More
2023-12-07 16:55
Judicial bias is a crucial topic that affects the integrity of the legal system and, by extension, the lives of individuals in legal proceedings. Its essential to understand what judicial bi… Read More
2023-12-06 16:13
The idea of representing oneself in court, also known as pro se or pro per representation, can be both daunting and intriguing. Many wonder if its possible to win a case without the assistan… Read More
2023-12-06 15:59
The right to self-representation, also known as pro se or pro per representation, is a fundamental aspect of the U.S. legal system. It allows individuals to represent themselves in court wit… Read More
2023-11-30 21:05
If you are facing criminal charges, the U.S. Supreme Court holds that you have the right to represent yourself in court. Faretta v. California, 95 S.Ct. 2525 (1975). This means that you can… Read More
2023-11-08 18:48
Sex offender risk assessment is a critical aspect of the criminal justice system in the United States. It plays a pivotal role in determining the potential risk that a convicted sex offender… Read More
2023-11-08 18:39
Sexual offenses are among the most serious crimes in society, leaving victims with deep emotional scars and often a lifelong struggle to cope. In the pursuit of justice and the protection of… Read More
2023-11-08 18:24
In the world of criminal justice and rehabilitation, accurately assessing an offenders risk of reoffending is paramount. This assessment aids in making informed decisions about sentencing, p… Read More
2023-11-08 18:09
Sex offender risk assessment is a critical component of the criminal justice system, aimed at reducing the likelihood of reoffending and ensuring public safety. Among the various tools avail… Read More
2023-11-08 18:01
Sex offender risk assessment is a critical component of the criminal justice system aimed at determining the likelihood of an offender reoffending after their release. Among the most widely… Read More
2023-11-08 17:42
Sex offender risk assessments are a crucial component of managing individuals convicted of sexual offenses within the criminal justice system. They play a vital role in determining the level… Read More
2023-11-08 17:28
Sex offender treatment programs play a vital role in our criminal justice system, aiming to reduce the risk of reoffending and ensure the safety of society. These programs are designed with… Read More
2023-11-08 17:23
Probation is a legal status that allows individuals convicted of a crime to serve their sentence in the community, under supervision, rather than behind bars. What probation can offer is an… Read More
2023-11-08 17:04
Probation is a legal status that many individuals find themselves navigating after a criminal conviction. It’s a chance to serve your sentence in the community, under certain condition… Read More
2023-11-08 16:50
Probation is a legal process that allows individuals who have been convicted of a crime to serve their sentences outside of jail or prison while under supervision. But, how does probation wo… Read More
2023-10-22 09:41
In a society striving for safety and security, one tool stands as a pillar in the protection of communities and individuals from sexual offenders, the Sex Offender Registry. This database se… Read More
2023-10-21 09:32
The right to legal representation is a cornerstone of the United State’s criminal justice system. It ensures that individuals facing criminal charges are afforded a fair trial and a ch… Read More
2023-10-20 22:24
In the realm of criminal justice, the concept of compassion might seem out of place. However, a growing movement toward more humane and equitable practices is challenging this perception. On… Read More
2023-10-19 13:38
Negligence is a foundational concept in civil law that plays a crucial role in countless lawsuits. Whether you are a law student, legal professional, or simply someone looking to understand… Read More
2023-10-18 23:57
In the realm of prisoner lawsuits, one legal concept that frequently arises is “deliberate indifference.” This term holds significant weight in the context of 42 U.S.C. §198… Read More
2023-10-17 10:48
In an era where discussions about healthcare access and quality dominate public discourse, it’s essential not to overlook the unique challenges faced by those who are incarcerated. Pri… Read More
2023-10-16 20:36
In the realm of civil rights litigation, understanding the legal concept of “color of state law” is essential. This legal doctrine, rooted in 42 U.S.C. §1983, plays a pivota… Read More
2023-10-02 23:55
In today’s complex legal landscape, criminal convictions carry significant implications for individuals, communities, and society as a whole. Understanding the nuances of criminal conv… Read More
2023-10-01 11:36
In the realm of criminal law, justice is a delicate balancing act. It hinges not only on facts of the case, but also on the effectiveness of legal representation. One of the most significant… Read More
2023-09-30 23:30
In the world of criminal law, the term “reasonable doubt” holds a pivotal role in determining the fate of individuals accused of crimes. It serves as a critical concept, ensuring… Read More
2023-09-29 10:05
When it comes to the criminal justice system, one fundamental principle stands out as a cornerstone of the accused’s protection: the right to remain silent. This right, intertwined wit… Read More
2023-09-28 17:04
Prisoners have a constitutionally protected 1st Amendment right to file grievances regarding the conditions inside their prisons. Not all prison staff are supportive of this constitutional r… Read More
2023-09-24 09:48
When it comes to criminal law, the process doesn’t end with a trial verdict. For many individuals, the hope for justice lives on through the appellate process. Appellate counsel plays… Read More
2023-09-23 09:22
In this comprehensive blog post, we will delve into the world of successful and landmark ineffective assistance of counsel cases, examining both the concept and its practical application thr… Read More
2023-09-22 19:08
Civil rights have played a crucial role in shaping societies and ensuring equal rights and opportunities for all individuals. From historical struggles to modern challenges, this blog post d… Read More
2023-09-21 10:40
The Fourteenth Amendment stands as a cornerstone of American constitutional law, having a profound impact on civil rights and legal precedent. In this comprehensive article, we delve into th… Read More
2023-09-20 18:05
The concept of “double jeopardy” is deeply ingrained in legal discussions and popular culture alike. Often depicted in movies and television shows, this legal principle has captu… Read More
2023-09-10 14:56
When it comes to the justice system and incarceration, the focus often falls on the legal aspects of cases, the severity of the crime, or the potential for rehabilitation. However, one criti… Read More
2023-09-10 00:50
When it comes to the intricate workings of the legal system, few concepts are as essential and complex as federal habeas corpus. This fundamental legal principle serves as a safeguard agains… Read More
2023-09-08 15:31
In the realm of legal proceedings, the concept of a “speedy trial” holds significant importance. This right ensures that individuals facing criminal charges are granted a timely… Read More
2023-09-07 22:50
Probation is a form of supervision imposed by the criminal justice system that allows individuals convicted of crimes to serve their sentences within the communities rather than in a prison… Read More
2023-09-06 21:37
In the labyrinth world of criminal law, every detail and nuance matters. One powerful tool that defense attorneys wield to protect their clients’ rights is the motion to suppress. This… Read More
2023-09-06 00:27
In the complex world of civil litigation, legal maneuvers and procedural strategies play a crucial role in shaping the outcome of a case. One such tool in the arsenal of attorneys is the &ld&hell…Read More
2023-09-04 20:17
In the intricate world of criminal law, legal maneuvers and procedural strategies play a pivotal role in shaping the outcome of a case. One such tactic often taking center stage is the &ldqu&hell…Read More
2023-09-03 14:06
In the complex and often labyrinthine province of criminal justice, the pursuit of truth and fairness stands as a cornerstone. In this pursuit, evidentiary hearings emerge as an indispensabl… Read More
2023-09-02 12:59
In the intricate realm of criminal justice, an evidentiary hearing plays a pivotal role in shaping the course of a case. It is a legal proceeding where a judge assesses the admissibility of… Read More
2023-09-01 23:52
In the province of criminal law, the pursuit of justice demands a meticulous examination of evidence, arguments, and legal procedures. One vital aspect of this process is the evidentiary hea… Read More
2023-09-01 00:43
In the realm of criminal law, the pursuit of justice hinges on the careful examination of evidence to determine the guilt or innocence of the accused. The process often involves various lega… Read More
2023-08-30 21:33
In the intricate world of criminal law, an important event that often takes center stage is the evidentiary hearing. This legal proceeding acts as a critical filter for evidence which will b… Read More
2023-08-29 19:25
In the realm of criminal law, an evidentiary hearing serves as an important stage of the judicial process, designed to ensure the pursuit of truth, justice, and fairness in the resolution of… Read More
2023-08-16 17:15
By R. Davis
The First Amendment of the United States Constitution is one of the cornerstones of American Democracy, guaranteeing fundamental rights such as freedom of speech, freedom of t… Read More
2023-08-15 23:03
By R. Davis
Incarceration is a complex issue that society grapples with every day. As the number of incarcerated individuals continues to rise, we must also address the lack of access to… Read More
2023-08-14 22:53
By R. Davis
In the United States, Section 1983 provides a powerful tool for individuals to seek justice against state actors who have violated their constitutional rights. This statute al… Read More
2023-08-13 10:30
By R. Davis
A prisoner’s Section 1983 lawsuit allows incarcerated individuals to seek justice for violations of their constitutional rights while in custody. When bringing such a la… Read More
2023-08-12 22:32
By R. Davis
When it comes to seeking justice in a prisoner’s Section 1983 lawsuit, understanding the legal tools available is crucial. One such tool that can play a decisive role in… Read More
2023-08-11 16:22
By R. Davis
Section 1983 of the Unites States Code provides prisoners with a potent legal tool to seek justice for alleged violations of their constitutional rights while incarcerated. Th… Read More
2023-08-10 21:13
By R. Davis
In the United States, Section 1983 of the Civil Rights Act allows individuals to seek legal recourse when their constitutional rights have been violated by state actors. For p… Read More
2023-08-09 09:13
By R. Davis
In the United States, prisoners are constitutionally protected from cruel and unusual punishment under the Eighth Amendment. When these constitutional rights are violated, pri… Read More
2023-08-08 22:03
By R. Davis
In recent years, the topic of qualified immunity has been a subject of debate and scrutiny within the realm of civil rights and law enforcement accountability. So what is qual… Read More
2023-08-07 23:50
By R. Davis
In any democratic society, the pursuit of justice is fundamental to maintaining what we know as the “rule of law.” For this reason, the role of a prosecutor is cri… Read More
2023-08-06 22:42
By R. Davis
Understanding how to select a jury in a criminal case is essential to ensuring the criminal defendant receives a fair trial. A jury is a group of impartial individuals who are… Read More
2023-08-05 21:30
By R. Davis
In the realm of civil litigation, understanding how to select a jury is one of the most crucial processes in ensuring a fair trial. The process of jury selection, also known a… Read More
2023-08-04 23:13
By R. Davis
The American legal system provides mechanisms for individuals to seek justice and compensation when their constitutional rights are violated. In the case of prisoners, who oft… Read More
2023-08-03 22:30
By R. Davis
In the United States, prisoners are guaranteed certain constitutional rights even while incarcerated. When these rights are violated by state officials, prisoners have the opt… Read More
2023-08-02 18:41
By: R. Davis
Section 1983 of the United States Code is a powerful tool that provides individuals, including prisoners, with a mechanism to seek justice when their constitutional rights ha… Read More
2023-07-28 19:30
By: R. Davis
The issue of prisoner rights, and why they are important, has long been a contentious topic in the realm of criminal justice and human rights. While it is essential to hold i… Read More
2023-07-25 19:30
By: R. Davis
Prisoner rights refer to the legal protections granted to individuals during their time of incarceration. Understanding what prisoner rights are begins with a foundation that… Read More
2023-03-15 13:49
By: R. Davis
Jailhouse lawyers are inmates who provide legal assistance to other inmates within the correctional system. These individuals usually have developed an understanding of the l… Read More
2022-09-21 17:53
By: R. Davis
Enacted by Congress, “RLUIPA” is the Religious Land Use and Institutionalized Persons Act. What the RLUIPA protects is the free exercise of an incarcerated indivi… Read More
2022-09-17 12:24
By: R. Davis
Barkan Research sells two of the best and most popular legal citations books to use and read. That’s what my customers are saying (read testimonals on our home page at… Read More
2022-09-15 17:09
By: R. Davis
What the “Strickland test” offers is a two-pronged test to be employed by the court to resolve a convicted defendant’s Sixth Amendment ineffective assistanc… Read More
2022-09-12 12:00
By: R. Davis
The “Turner test” is a deferential, four-factor test used to evaluate whether a prison regulation burdening a fundamental right is constitutionally permissible. T… Read More
2022-09-09 22:30
By: R. Davis
Here’s my listing of the Top 10 United States Supreme Court cases involving prisoner civil rights. As a bonus, I’m also including an eleventh case frequently igno… Read More
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