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What type of tort can an accused person initiate if criminal proceedings end in favor of the accused person?
Wiki User
∙ 12y ago
According to the Torts Personal Injury Litigation 4thed by William Statsky textbook on pg 134 It says that an accused person can file a Malicious Prosecution Tort when the proceedings end in their favor.
Added: Despite common misconception by the public to the contrary, a defendant in a criminal trial is NEVER declared "innocent" of the charge, they are simply found 'not guilty." Therefore a criminal trial can never truly be said to end in the defendant's "favor."
If you were found 'not guilty'and you believe that you have sufficient evidence to prove that a civil wrong was committed against you by either the victim/complainant and/or the state itself, you may file suit against either or both at your discretion.
Wiki User
∙ 12y ago
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How would you describe a defendant in a criminal case?
A DEFENDANT - In criminal cases is the person accused/charged with the crime.
What is a production warrant?
Production warrant is an order issued by a criminal court of law to produce a person before the court in connection with criminal proceedings pending against him.
In a criminal action who is the person or party accused of an offense?
Depending on where in the process you are speaking of: "person of interest" - "suspect" - "arrestee" - "defendant. "
Is it Ethical for a criminal defense lawyer to represent a person believed to be guilty?
It is the right of an accused person to be represened in a trial. A lawyer has a duty to represent an accused person unless by doing so he is in conflict and will not be able to effectively discharge his duty.
In a criminal case is the accused person allowed to call upon the court to compel witnesses to testify on his or her behalf?
yes
What is the difference between civil liability and penal liability?
A civil wrong is when one person is accused of wronging another person. For example, breaking a contract or crashing into your car. Penal liability refers to criminal wrongs, where a person is accused of wronging society.
What are the jobs of a defense lawyer?
The job of a defense lawyer (in a criminal case) is simply to represent the person being accused in court.
Why criminal considered a superstar of the criminal juctice system?
The criminal justice system is a complex system from the moment of arrest to the moment of justice, whether the accused plead or is found guilty, or acquitted. The focus on the criminal justive system is that person-- the accused. So this is why the accused is so-called the Superstar of the justice system: if he wasn't there would be no criminal justice system. This is the same analogy as in medicine: the superstar of medicine is not the doctor, nurse, or technician: it's the patient! It is the patient who either gets better, worse, or dies.
Is the right to confront witnesses against you a basic civil right?
The right for a person to be confronted with the witnesses against him is a right derived from the confrontation clause of the Sixth Amendment to the United States Constitution. This right is fulfilled by the process of cross examination in criminal proceedings. The right only applies to criminal proceedings, not civil cases.
What is the defining of criminal justice?
Criminal justice is the process of bringing an accused person of an offense against the Government before a court to answer those charges, and, if convicted, given the proper punishment for the offense.
What is the person being sued called in a civil case?
A person charged with a crime is being brought to the CRIMINAL courts by the state. If convicted that person may be fined or sent to prison. A person being sued is being brought to the CIVIL courts by another legal person. The side which loses the case will have to pay costs and perhaps make restitution to the person who wins.
Can a victim be accepted as witness in criminal trial?
Yes; as long as it is not the one being accused, any person must be a witness if asked to do so.
