Category: Attorney Resources
Articles posted in this section are intended to assist defense attorneys in Utah’s criminal courts and as an educational resource for law students or others studying criminal justice. Information in these articles is not legal advice and may not be suited to the facts of any specific case.
CONTACT AN ATTORNEY DIRECTLY IF YOU ARE FACING CRIMINAL CHARGES IN UTAH.
-
Evidence of BAC in DUI Trials
Are prosecutors required to show scientific evidence of BAC in a Utah DUI case? A prosecutor may request that a trial judge give a jury instruction that explains thatthe prosecutor is not required to introduce “scientific evidence” in…
-
Rule 23 – Mental Illness and Motions to Arrest Judgment
Can mental illness serve as the basis for a motion to arrest judgment in a Utah criminal case? Rule 23 of the Utah Rules of Criminal Procedure provides that a trial court can enter an order arresting judgment…
-
Corpus Delicti Rule in Utah
Question: Do Utah courts utilize corpus delicti rules in criminal cases? Traditional Corpus Delicti Rule Under traditional corpus delicti rules used by Utah courts, a prosecutor in a criminal case generally cannot introduce evidence of a confession made…
-
Compulsion as a Defense to Criminal Prosecution
Utah Code 76-2-302 – Compulsion Under Utah law, a defendant cannot be convicted of a crime for conduct committed by the defendant if the defendant acted under compulsion. In analyzing such a defense to a Utah criminal prosecution,…
-
Utah Cohabitant Abuse Act – Constitutionality
Utah’s Cohabitant Abuse Act imposes enhanced penalties for cohabitants who have been previously convicted of a crime of domestic violence. If you are facing prosecution for domestic violence in Utah, the assistance of an experienced criminal defense attorney…
-
Child Abuse Law & Spanking in Utah
B.T. and S.T. v. State of Utah (2017) & Provo City v. Cannon (1999) – Case Analysis & Reconciliation Question: Is spanking child abuse under Utah law? Answer: It’s complicated. Defining Abuse & Proving It – Different Issues…