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Why might Evidence that a defendant in a murder case had been arrested for auto theft for several years before the trial be kept from the jury?
Wiki User
∙ 14y ago
One possibility is, it might be argued by the defense attorney, that the offense of auto theft (a crime-against-property offense) has no bearing on a homicide (a crime-against-person offense).
Wiki User
∙ 14y ago
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Who is responsible for bringing evidence before the jury?
The prosecution is responsible for presenting evidence before the jury in a criminal trial, while in a civil trial, both the plaintiff and the defendant may present evidence.
How long can the police wait before charging you for drug distribution?
they can wait 42 hours before officially pressing charges. Then there will be a preliminary case with a judge, defendant and party, and prosecutor. The prelim is designed to see if there is enough evidence to actually take the trial to jury. If the evidence is deemed sufficient, then the case is presented to a "grand jury" which will either indict the defendant or find there is not enough evidence to indict and throw the case out. If the defendant is indicted a court date will be set and that can take a very long time.
Do you have to get approval of your evidence from opposing lawyer before a trial?
you as a defendant are entitled to all discovery from the prosecutor. If that did not answer your question, please be more clearer on what you need to know.
Can you get arrested for your past actions that you quit over 6 months ago?
If they amounted to criminal offenses, yes you can, if it is determined that it was you who committed them. Whatever you are referring to, most (all?) states have statutes of limitations on certain crimes but they usually take several years to pass before the opportunity for prosecution lapses. It also depends on what kind of "actions" you are talking about. If it was doing drugs, then no, there is no evidence to convict you. If you were stealing, then yes, if there is evidence to prove that you were the culprit, then you can be arrested and convicted for it if the evidence is strong enough.
What evidence does the judge request before sentencing a person?
The judge does not request any "evidence." What they request is the background and criminal history (if any) of the defendant appearing before them for sentencing so that they may make an appropriate judgment on the harshness or leniency of the sentence they will impose.
Is nolo and 1st offender the same?
No, the two terms have nothing to do with one another. "Nolo" is court slang for the plea of "Nolo Contendre" which is a plea offered by a defendant when they don't wish to plead guilty, but acknowledge that the prosecution probably has enough evidence to convict them. The term "First Offender" refers to someone who has never been arrested before this time.
What is the difference between an acquittal and a hung jury?
An acquittal is when the judge (in a bench trial) or the jury (in a jury trial) finds the defendant not guilty. The defendant has to go through the whole trial before he is acquitted. A dismissal is when the judge throws out the case before going to trial for a specific reason (lack of evidence for example.) The dismissal happens before there is even a trial. Good question, hope this answer helps.
Can I be considered for a pretrial intervention program if I have been arrested before?
No you cannot be arrested before
Did anyone get arseted on the tinaic?
Possibly you mean 'arrested on the Titanic'. Nobody was arrested during the sinking, but enquiries were held in New York and Southampton within a few weeks of the sinking, and many witnesses were not allowed home before they gave evidence.
In a secret indictment case how much of the evidence is allowed to be presented to the defendant before they go to trial?
All indictments are done in secret. That's why Grand Jury deliberations are not open to the public. The defense gets to see the evidence that will be presented against them during the process of "discovery."
What standards have to be met before a person is judged insane?
A person is not "judged" insane. Insanity is used as a defense in a criminal trial. A jury must decide,after hearing the evidence, if the defendant should be considered insane or not.
WHAT IS AN ARRAIGNMENT ?
Arraignment, is the hearing in which a person charged with a crime is arraigned in his or her first appearance before a judge. This is the first appearance of a criminal defendant (unless continued from earlier time) in which all the preliminaries are taken care of.It is a criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at which the court determines whether to set bail for the defendant or release the defendant on his or her own recognizance.Although the initial appearance of the arrested person before a magistrate is sometimes referred to as an arraignment, it is not a true arraignment, which only comes after the defendant has been both arrested and formally charged. In all but extremely rare cases, arraignment also takes place before any suppression hearings and the trial itself. The interests at issue in an arraignment are the defendant's right to know of the charges against him or her and the defendant's right to have adequate information from which to prepare a defense. The state also has an interest in having the defendant make a plea so it can prepare accordingly.TheSixth Amendmentto U.S. Constitution guarantees that defendants shall "be informed of the nature and cause of the accusation against them." But the Sixth Amendment does not guarantee defendants the right to be informed of the charged offense at an arraignment. Although the Supreme Court has ruled that arraignments are a necessary pre-condition to trial under federal law, the Court has also ruled that failure to arraign a defendant is not a reversible error where the failure is inadvertent, the defendant knows that he is the accused, the defendant is apprised of the charged offense, the defendant is able to assist in preparing a defense, and the defendant is not otherwise prejudiced by the lack of an arraignment. Thus the importance and necessity of being arraigned before trial varies from case to case and from jurisdiction to jurisdiction. The law governing arraignment procedures is spelled out by statutes and court rules at both the state and federal levels.The court rules in some states only require that arraignments be held for felony-level charges, but not for misdemeanor-level offenses. Other states require arraignments for felonies, gross misdemeanors, and misdemeanors punishable by incarceration or a fine greater than a certain amount. On the other hand, defendants in both state and federal courts must be arraigned in a timely fashion. Ordinarily the accused must be arraigned before the impaneling of the jury or at least before the introduction of evidence. If an unreasonable delay occurs between the time a defendant is arrested and charged with an offense and the time the defendant is arraigned, state and federal courts will dismiss the criminal proceedings as having violated the defendant's Sixth Amendment right to a speedy trial.Disclaimer:The legal information provided within this guideline is not warranted or guaranteed for any purpose. Please consult with a legal professional to determine your rights.
