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When a person is charged with a crime, they become a criminal defendant. The government must prove guilt beyond a reasonable doubt before convicting and punishing a defendant for a crime.

The United States Constitution provides criminal defendants with many constitutional rights. These rights control how the government investigates, prosecutes and punishes criminal behavior. These include rights provided in the fourth, fifth, sixth, and eighth amendments.

The Fourth Amendment protection against unreasonable searches and seizures:

The Fifth Amendment protects against self-incrimination (the right to remain silent) and double jeopardy:

The Sixth Amendment provides criminal defendants with the right to legal representation, the right to a speedy trial, and the right to confront witnesses:

The Eighth Amendment provides criminal defendants with the right to a reasonable bail and the right to not be subjected to cruel and unusual punishment:

Yes. Legal representation can be crucial if you are charged with a crime. Criminal charges are life changing and it is in your best interest to get counsel. An experienced defense attorney can help protect your rights and represent you in court.

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Tara Ord Sidorovich

PUNTA GORDA, FLA. Phillip Barr invoked his right to remain silent at the trial of his co-defendant, David McMannis, for the 2001 murder of West Scranton native Tara Ord Sidarovich.

Mr. McMannis trial began earlier this month. A grand jury indicted Mr. Barr and Mr. McMannis on first-degree murder charges in 2012, 11 years after Ms. Sidarovich disappeared from her home in Punta Gorda, Florida. Her skeletal remains were found in July 2002 in a wooded area in Charlotte County.

Mr. Barr, convicted for the murder in 2015 and sentenced to life in prison, was transported to Florida from Vermont where he is in custody pending a trial on other charges. He appeared at the Charlotte County Justice Center for a hearing on Thursday afternoon with his attorney, Mark DeSisto, and said he had been advised to invoke his fifth amendment right. Under the fifth amendment, criminal defendants are protected from giving a testimony which may incriminate themselves.

On Monday, Ms. Sidarovichs sister, Veronica Ord, testified about what she found when she arrived at the home soon after her sisters disappearance. Only 12 at the time, she and her younger brother, Paul, were the first to arrive home that afternoon. On the stand, she said they found the door unlocked and slightly ajar but no one inside.

Ms. Ord corroborated testimony given by her mother, saying Ms. Sidarovichs purse was on the dresser, and her car was in the driveway, but her sister was nowhere to be found. A sheet and blanket from Ms. Sidarovichs bed had been placed on Ms. Ords bed instead.

With an average of three witnesses a day, prosecutors expect to rest their case sometime during the week of Feb. 10. The defense plans to take another week and a half to present their case.

Contact the writer:

aeasker@sun-herald.com

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Convicted murderer takes fifth in trial involving Scranton native's ... - Scranton Times-Tribune

CreditPHOTOGRAPH BY ALAN DIAZ / AP

WASHINGTON (The Borowitz Report)Vice-President Mike Pence has issued the following message to the American people:

Dear American People,

What with all the hoopla and hullabaloo of Inauguration Week, we didnt really get a chance to get to know each other. And so, if you dont mind, I thought that Id take a minute or two to tell you a thing or two about Mike Pence.

Im what most people would call a fun guy. In my spare time, I enjoy golf and heterosexuality. And Im something of a voracious reader. My favorite book, of course, is the Bible, but I enjoy other books, too. Im a big fan of The Da Vinci Code, which has a lot of stuff about the Bible in it. And Paul Ryan just gave me a copy of Atlas Shrugged, by Ayn Rand. I just started reading that one, so I havent gotten to any parts in it about the Bible yet, but its darn good.

Another thing I read recently, and its probably become my second-favorite piece of reading material right after the Bible, is the Twenty-fifth Amendment to the United States Constitution. Its all about how to remove the President and replace him with the Vice-President. I have to admit that it was a kick to start reading the dusty old Constitution for the very first time and see yours truly right in there!

It turns out that the Twenty-fifth Amendment says that the country can remove the President if he is found to be incapacitated. That can mean anything from physically incapacitated, like being in an irreversible coma, to mentally incapacitated, like being seen raving like a lunatic during a visit to the C.I.A. Either way, if folks decide that its time to put a fork in you, see you later, alligator!

Whenever I read something great, I tell everyone I know to go out and read it, too. And so, my fellow-Americans, I encourage each and every one of you, history buffs or otherwise, to read the Twenty-fifth Amendment todayespecially Section 4, which is a little complicated but really exciting, too. If you enjoy reading it as much as I did, let me know. Im in my office in Washington and you can reach me anytimeIm of sound mind and body.

Well, Im super-glad we had the chance to get to know each other a little better. Until next time, heres Mike Pence saying, God bless America. And God bless the Twenty-fifth Amendment.

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An Important Message from Mike Pence - The New Yorker (satire)

Shawn Whirl was exonerated in 2015 after serving 25 years in prison. View Full Caption

Shawn Whirl

DOWNTOWN The city should pay $4 million to a man wrongfully convicted of killing a cab driver after being tortured by Chicago Police, a City Council committee unanimously recommended Tuesday.

In 1991, 20-year-old Shawn Whirl was sentenced to 60 years in prison after confessing to the murder of a taxi driver in Pullman. But he recanted his confession and said he had been tortured by Detective James Pienta who had once worked under disgraced police Cmdr. Jon Burge.

Whirl was released in October 2015 after the Illinois Torture Inquiry and Relief Commission, designed to investigate abuse allegations against Burge and detectives under his supervision, found that his account was "strikingly similar" to those of other Burge victims in 2012.

Whirl said that while he was being questioned about the murder of Billy G. Williams, a married father of three who was found shot in his head, the detective slapped him and repeatedly dug a key into an existing leg wound and put a large potato chip bag over his head to stifle his screams while he was handcuffed to a wall.

After Whirl's conviction was overturned and his confession tossed out by an appellate court judge, Cook County prosecutors declined to retry him.

Pineta, who is no longer a Chicago Police officer, has been accused of torture by other people.

Called to testify at a hearing in Whirl's case, Pineta asserted his Fifth Amendment right and refused to answer questions.

From 1972 to 1991, Burge and his subordinates allegedly used cattle prods, suffocation, Russian roulette and beatings with phone books to elicit confessions from suspects, many of them African-Americans.

In May 2015, Mayor Rahm Emanuel apologized for the officers' actions and created a $5.5 million reparations fund for victims.

The fund will allow a maximum of $100,000 to be paid to each of the more than 100 Burge torture victims, while the ordinance also allows the victims and their families health care, counseling and free tuition at the City Colleges. It also calls for the subject of police torture to be taught to Chicago Public Schools students in junior high and high school.

In December, the City Council agreed to settle three police misconduct lawsuits for $5.5 million.

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Man Tortured By Police Should Get $4 Million From City, Aldermen Recommend - DNAinfo

Lawyers for three girls who allege they were sexually abused by their teacher are seeking a new trial after a civil jury cleared the National School District of negligence in its handling of the accusations made more than three years ago.

Court documents filed by attorney John Gomez claim the jury was prejudiced against the plaintiffs by testimony that should not have been allowed in the case. He also alleges lawyers were hobbled by being barred from questioning teacher Alejandro Ochoa about the claims of sexual abuse.

The district was sued for negligence in 2014 by the girls, who accused Ochoaof touching them inappropriatelyand exposing himself to them.

The plaintiffs were identified in the complaint as Isis R., Tamar R. and Vanessa T. They wereall students in Ochoas third-grade class at Palmer Way Elementary School in National City in 2013 when Isis R.told her mother about the alleged conduct.

The other girls stepped forward later.

Ajury decided Nov. 17 that Ochoa did not sexually abuse any of the girls. Thedetermination cleared the district of any wrongdoing.

Among the court proceedings that are alleged to have prevented a fair trial was testimony from a National City Police Department detective. He told the court Ochoa was never arrested or charged in connection with the accusations.

The motion for a new trial, filed Jan. 6 in San Diego Superior Court, claims that testimony is inadmissible in a civil case.

Ultimately, jurors were tainted by the perception that simply because law enforcement did not pursue charges, the sexual abuse as alleged in the complaint must not have happened, according to court records.

The argument for a new trial also cites the detectives additional testimony that he did not believe the alleged sexual abuse took place because he did not believe Plaintiffs or their reports of abuse to be credible.

According to the motion, witnesses are not allowed to express an opinion about guilt or innocence, or the veracity of particular statements made by another.

Lawyers also believe a new trial is warranted because they were not allowed to ask Ochoa in open courtif he sexually abused the girls.

The attorneys wanted jurors to be able to judge his demeanor and response to the question. They also claimthey were entitled to know whether Ochoa asserted his Fifth Amendment right against self incrimination.

But they were prohibited from doing so by San Diego Superior Court Judge Timothy Taylor, whocautioned them to not intentionally ask a questionthat would illicit a Fifth Amendment assertion by Ochoa before the jury, according to the motion.

If such a question were asked, the defense was told to object before Ochoa could answer. The jury was to be excused, and then Ochoa could take the Fifth.

The court documents claim the proceeding was wholly improper, as a party who exercises the privilege must accept the civil consequences of silence.

A hearing on the request for a new trial has been scheduled for March 17.

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New trial sought in lawsuit against district - The San Diego Union-Tribune