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Does the failure of the defense to call any witnesses mean the defendant should be found guilty?
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Whose job it is to prove the defendant not guilty?
The standard rule is that the burden of proof lies upon the prosecution to prove that the defendant is guilty, not for the defendant to prove he is innocent. That being said, as more evidence is presented by the prosecution, it is up to the defense to come up with evidence to refute the prosecution's evidence. In short answer, however, to store a defendant to prove his innocence, it is a joint effort between the defendant himself - someone who is fighting for his freedom - and the defense attorney.
When one co-defendant is found guilty does the other co-defendant have to be guilty too. Can one defendant be guilty and one NOT Guilty?
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
What happens after a guilty plea?
The prosecutor's office starts assembling their case and witnesses with a veiw towards presenting a solid case to prove the defendant guilty. Likewise, the defense starts doing the same thing for the presentation of the defense case. If the defendant is out on bailbond release, it will likely continue.
What is the role of the defense in a criminal trial?
Defend a client who has the presumption of innocence until they are proven innocent or guilty. Then if, in some systems, a defense lawyer can apply for an appeal if said person is found guilty.
What is the importance of exculpatory evidence?
If the prosecutors have exculpatory evidence they must turn it over to the defense. Exculpatory evidence is evidence that shows that the defendant is not guilty or would help in his defense, A motion for exculpatory evidence is a defense motion asking the judge to order the prosecutors to turn such evidence over to the defense.
Why would defense attorneys like plea bargaining?
defense attorneys would opt for a plea bargain when the defendant is obviously guilty and a plea would lighten sentencing.
How do courts make a decision?
Say a criminal is accused. The criminal will have a defense attorney. In court, the defense attorney argues with the prosecutor. In his cross-examination with the witness, he tries to find a contradiction, to show the defendant is NOT GUILTY. In the end, the Jury declares if the accused is GUILTY or NOT GUILTY. It really depends on what happened during the trial.
What are the responsibility's of a Law and Order SVU lawyer?
Well if it's the prosecution then the lawyers job is to get information that detectives can't get by making deals with the perp and also they have to get the jury to find the defendant guilty if its the defense then the lawyers job is to get the jury to find the defendant guilty
What could be a sentence with the word defendant?
the defendant pleads guilty
What are the Four pleas a defendant may use?
The four pleas a defendant may use in a criminal case are guilty, not guilty, guilty but mentally ill, and nolo contendere (no contest). A defendant who pleads guilty admits their responsibility for the crime. Pleading not guilty indicates that the defendant denies the charges and intends to contest them. A guilty but mentally ill plea acknowledges guilt but asserts that the defendant had a mental illness at the time of the offense. A nolo contendere plea means the defendant does not contest the charges but does not admit guilt.
Defending personal injury suit?
The defense of personal injury lawsuit should be proving that the defendant is not guilty of negligence. This can be done by showing that there was not a duty of care owed by the defendant to the prosecution or that the defendant was not truly injured or the injuries were not directly related to the defendant. Below is a link to an article stating the steps of proving negligence.
What is the highest burden of proof?
The burden of proof is on the prosecutor. They must prove beyond reasonable doubt that the accused is guilty. The defense only needs to raise reasonable doubt about the defendant's guilt. If jurors believe the defendant may have committed the crime, but have reasonable doubt then they must find the defendant not guilty.
