The Fifth Amendment of the U.S. Constitution protects individuals from being compelled to incriminate themselves. Government agents must inform individuals in their custody of the rights to remain silent and to have counsel, known as the Miranda warning. If the government fails to give a required Miranda warning, any incriminating…
Title IX disciplinary hearings can result in severe consequences for a student accused of sexual misconduct. In the past few years, accused students have been challenging Title IX procedures. In a recent case, a student of a private university in Kentucky (the University) sought injunctive relief to delay a disciplinary…
Following a Washington automobile accident, insurance companies often rush to settle with any injured victims. When injury victims settle too quickly, they may not be fully compensated for their injuries. If the injury victim settles with the insurance company and agrees to release the other driver from all claims, he…
Courts in Washington protection order cases do not always have to allow live testimony or cross-examination, pursuant to the Domestic Violence Prevention Act. The trial court or commissioner should perform a balancing test, weighing the value of cross-examination against the potential harm to the witness. The Washington Supreme Court has…
Police officers may engage in social interactions with individuals. Some actions or activities, however, can transform the social interaction into a seizure. Under Washington criminal law, an officer must have reasonable suspicion to detain an individual and probable cause to arrest him. In a recent case, the state challenged the…
Sex-based discrimination is prohibited in education programs and activities that receive federal financial assistance pursuant to Title IX of the Education Amendments of 1972. Discrimination based on sex includes sexual harassment, sexual violence, and gender based harassment. Although the focus of Title IX has generally been on post-secondary education, Title…
Sadly, suspicions or allegations of abuse sometimes arise in Washington custody cases. Although there may be circumstances where a party makes an allegation in an attempt to affect the custody case, some parents have sincere concerns about their children. A father recently challenged an order that he pay the mother’s…
The Fifth Amendment to the U.S. Constitution provides the right to be free from self-incrimination. The police must advise suspects of their rights when they are subject to a custodial interrogation by a state agent. If they fail to give the Miranda warning, then the statements made during the custodial…
The Washington Constitution provides that a person accused of a crime has a right to notice of “the nature and cause of the accusation against him.” An information in a Washington criminal case must set out all essential elements of the crime along with the facts that support them. If…
Many recent Title IX cases filed by students accused of sexual assault or sexual misconduct have focused on procedural issues, such as denial of an opportunity to cross-examine the accuser. In some cases, however, the pressures to address allegations and support alleged victims may result in gender bias against accused…