Salem Juvenile Law Lawyer, Iowa

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Scott E. Schroeder Lawyer

Scott E. Schroeder

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Divorce & Family Law, Criminal, Juvenile Law, Traffic

I am a 1995 graduate of Drake University Law School, with honors. I did my undergraduate work at the University of Iowa, graduating in 1990 with a do... (more)

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LEGAL TERMS

CORPUS DELECTI

Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.

PROSECUTE

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

DISCOVERY

A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witness... (more...)
A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent's case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.

CONVICTION

A finding by a judge or jury that the defendant is guilty of a crime.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

INSANITY

See criminal insanity.

PROSECUTOR

A lawyer who works for the local, state or federal government to bring and litigate criminal cases.

SAMPLE LEGAL CASES

In re PL

... Jessica Knoll, Sioux City, for mother. Marchelle Denker of Sioux City Juvenile Office, Sioux City, Guardian Ad Litem for minor child. ... WIGGINS, Justice. In this case, we must decide if the juvenile court was correct in terminating a father's parental rights. ...

In re DW

... CADY, Justice. In this case, the State requests further review of the court of appeals' decision reversing an order by the juvenile court terminating a mother's parental rights. ... As a result, we vacate the decision of the court of appeals and affirm the decision of the juvenile court. ...

State v. DIST. CT. FOR JOHNSON CTY.

... WIGGINS, Justice. The issue we must decide is whether the juvenile court can require the department of human services to pay the cost of detaining a juvenile in a detention center while waiting for placement in a group care residential treatment facility. ...