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Which term is Latin for I will not contest it and is used as a criminal defendant's plea in which he or she chooses not to challenge or contest the charges brought by the government?
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Does criminal law provide for charges to be brought by the government against a person?
does criminal law provide for charges to be brought by thegovernment against a person
Is the right to an attorney a fundamental right that should also be guaranteed to criminal defendants Gideon by the states regardless of the seriousness of the crime?
Yes, the right to an attorney is, and should be, given to any defendant who is being brought up on criminal charges. Defendants have the right to adequate legal representation, and the average person does not have the ability to provide that for themselves.
Do you agree or disagree about Australian and british laws jury in a criminal case has no access about the defendants past criminal records?
I agree, a criminal trial is not about a defendants past history. It's about the current matter at hand. A jury could easily presume guilt if a defendant has a previous history of violent crimes and the new crime is also a violent crime. It's my belief that a criminal record should only be brought to fruition, during a sentencing phase of a criminal trial.
Are only private attorneys able to prosecute criminal defendants?
It's my understanding the prosecuting attorney represents the people when the accused is brought to court on criminal charges. Private attorney's represent the defendant in arguing why the accused person is not guilty, or if there were mitigating circumstances making circumstances explaining why they did what they did.Additional Information: (in the US) Private attorneys do NOT prosecute criminal cases, they are prosecuted by government attorney's (prosecutors) who do so on behalf of the "people."Defendants are free to retain their own 'private' attorney to represent them or, if indigent, they are afforded the services of the Public Defenders Office (a taxpayer supported agency).
What does motion in limine to preclude evidence about defendants intelligence and alleged history of abuse mean in criminal cases?
It's a motion to stop those issues being brought up in front of a jury.
What determines if a court case is civil or criminal?
A criminal case is brought by the government against an individual. A civil case is a dispute between to private parties and typically the government is not involved. Legislation can create laws that affect both types of cases.
What does the word magistrate mean in England?
A magistrate - is someone who presides over a criminal court. They hand down sentences to defendants who are brought before them. The sentences they give are restricted - and if they feel the defendant deserves a longer sentence, they can refer the case to the Crown court.
What is the difference between civil and criminal trials?
Both trials have a judge and/or a jury as triers of fact. In a criminal trial it is the government, known as a prosecutor, that is actually "suing" the defendant, but instead of for money, it's for that person's freedom for the prescribed time the government wants that person incarcerated. If the prosecutor wins this case the defendant is considered to have been found guilty of criminal charges brought before him. A civil case, on the other hand, is one in which an individual person or an entity is suing you for money. Civil cases are not punishable by any type of incarceration or fines. If the "prosecutor" in a civil trial wins the case, then the defendant is found to be liable in the amount that is awarded. In both types of trials, the persons or entities bringing the case to trial are known as the plaintiff, and the opponents are known as defendants.
What are the three general characteristics of defendants?
There are no general characteristics of defendants. Defendants refer to anyone that is charged with a crime or against whom civil suit is brought. Defendants can be murderers, doctors, companies, presidents, teachers, children, husbands, wives, musicians, nuns, grocers, states, or anyone else. Any person or incorporation can be a defendant, so there is no common characteristic.
What is the different a criminal case and a civil case?
Civil cases are generally brought by private individuals or corporations seeking to collect money owed or monetary damages. A criminal case is brought by the local, state or federal government in response to a suspected violation of law and seeks a fine, a jail sentence or both.
What is the definition of criminal information?
A criminal information is a criminal charge that is brought by prosecutor rather than by a grand jury. A charge from a grand jury is called an indictment.
What is defendant mean?
A defendant is someone who is being brought up on charges (by the government - Criminal Law) or on a tort (by another citizen - Civil Law). They are being accused of acting, or doing something, in the wrong.
