In many criminal cases, conduct alone is not enough to establish guilt. The prosecution must often prove that the accused acted with a particular state of mind, such as knowledge, purpose, or intent. Failure to…
Racketeering conspiracy occupies a distinctive place in criminal law because liability may arise from an unlawful agreement before every planned predicate offense is completed. Under federal RICO law, the focus often falls on the shared…
Thermal imaging search methods allow law enforcement to detect heat patterns that are invisible to the naked eye. Yet when this technology is directed at a private residence, it can raise serious Fourth Amendment concerns…
A criminal charge often depends not only on what occurred, but also on the defendant’s state of mind. A lack of criminal intent may defeat or reduce liability when the prosecution cannot prove the mental…
A drug conspiracy charge can arise before drugs are seized or a sale is completed. As an inchoate offense, Drug conspiracy law focuses on an alleged agreement and each participant’s knowledge and intent. Because conspiracy…
GPS technology can reveal where a person travels, stops, and spends time—often with far greater precision than traditional surveillance. Because this information may expose intimate details of daily life, GPS tracking raises significant Fourth Amendment…
In criminal law, the prosecution must prove guilt beyond a reasonable doubt before a defendant may be convicted. This demanding standard protects the presumption of innocence and places the burden of proof squarely on the…
Federal conspiracy law addresses criminal agreements formed before a planned offense is completed. As a central area of inchoate offenses law, it can impose liability based on coordinated intent, even when the underlying crime is…
Keyword search warrants allow investigators to seek data identifying users who entered specific terms into a search engine. Unlike conventional warrants focused on a known suspect, these requests may begin with an unknown person and…
In criminal law, the prosecution bears the burden of proving every element of an alleged offense beyond a reasonable doubt. An insufficient evidence defense reinforces this fundamental safeguard by challenging whether the available proof can…