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Iat the preliminary hearing if a judge holds the defendant to answer for trial the prosecuting attorney must do what?
Prepare an imdictmemt
What is a sentence using the word conditional?
The judge issued a conditional pardon, all terms must be met before the defendant is released.
Why do judges sentence people to 100 years?
The judge is required by law to sentence a charge for the defendant is found guilty of. When defendant is found guilty of multiple felony convictions, the must be sentenced for each one.
If someone moves to Boston but is on trial in Philadelphia must they report in person for each trial date or can their lawyer stand in for the accused?
That can only be answered by the presiding judge in the case. The defendant's attorney would have to ask the judge's permission for the defendant's absence. As a practical matter, this is likely only to be granted during pre-trial proceedings. For the trial, the defendant is required to be present.
What are the processes and procedures that result in a fair trial?
A fair trial must be held in a timely fashion. A fair trial must be held in public with a jury, unless the defendant does not want a public trial and the judge agrees. The jury must be unbiased and represent a cross section of the population. The defendant must be given the time and resources to hire an attorney and formulate a defense. All evidence against the defendant must have been legally obtained.
Can a judge give instructions to the jury?
Yes. A judge can direct the jury but cannot force them to a verdict. For example - the judge may say something like "..If you are satisfied the defendant acted maliciously, then you must find him guilty of murder. If not, then you must find him guilty of manslaughter..."
What does a complainant do in law?
Also, known as the plaintiff is the person who brings up a lawsuit against the defendant. This person must prove there case to a judge in a court of law. It is the plaintiff responsible to argue his complaint to the judge.
Why is the word defendant misleading?
It isn't. In law, the plaintiff makes a complaint that he has been wronged by the defendant. The defendant must defend himself against the plaintiff's action. In some places, the accused person in a criminal case is also called a defendant; here again, the accusation has been brought against him and he must defend against it, if only by making the general denial implied by a plea of not guilty.
How many times may a defendant change attorneys?
I do not believe that there is a 'set' number of times. Defendants do have the privilege of changing their attorney's "for good cause." But a defendant cannot postpone his trial indefinitely by using this method. Eventually the judge will assign him an attorney the judge knows to be competent and the trial will proceed with the defendant's approval, or not.
What is john proctor's insight into himself?
His insight is he must not judge himself to harshly and he must respect himself. "How may I live without my name I have given you my soul; leave me my name!" "He have his goodness now. God forbid I take it from him!"
Who sets the minimum term that a convicted murderer serves?
It COULD be the judge in the case, but nowadays, in many states, the state legislatures have passed what is known as Mandatory Minimum terms for certain crimes. This means that the judges do not have discretion to sentence the defendant, but MUST sentence the defendant to the time specified by the legislature.
To convict a person of a crime a court must find the person guilty by?
A judge or jury must reach the decision that the defendant is guilty beyond a REASONABLE doubt. Not beyond ALL doubt - just "reasonable" doubt.
