Codified at 18 U.S.C.A. § 3161 et seq., this act requires, among other things, a criminal defendant to be brought to trial within seventy days of either his or her indictment or first appearance in court. Certain delays are, also, automatically...
criminal procedure
spousal immunity
Under the Federal Rules of Evidence, in a criminal case the prosecution cannot compel the defendant's spouse to testify against him. This privilege only applies if the defendant and the spouse witness are currently married at the time of the...
spousal privilege
Spousal privilege, also known as marital privilege and husband-wife privilege, includes two types of privileges: the spousal communications privilege and the spousal testimonial privilege.
The spousal communications...
state's attorney
State's attorney is an attorney elected or appointed by local government officials to represent the state in a criminal case brought in a judicial district or designated county.
The state's attorney is responsible for...
stay of execution
Stay of execution is directed by a court to stop some form of enforcement action. A stay of execution can apply in many circumstances like stopping the sale of property in bankruptcy or the execution of a death penalty. When a stay of...
strip search
A strip search is an inspection of a naked person. Strip searches are generally improper unless supported by probable cause. When determining the reasonableness and legitimacy of a strip search, the court will consider the totality of circumstances to...
subpoena
A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be...
subpoena duces tecum
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you".
See, e.g., United States v. Nixon, 418 U.S. 683...
substantial evidence
Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.
substantive law
Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common...