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What else can I help you with?
If a defendant refuses to testify at trial what can the prosecution tell the jury?
Your question is unclear. In the USA, a defendant does NOT HAVE TO testify at his trial, ever. The defendant is the one accused of committing the crime. He does not have to say anything (OJ Simpson did NOT testify in his first trial, Scott Peterson did NOT testify at his trial.) The Prosecutor will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence shows the defendant committed the crime. The Defense Attorney will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence does NOT show the defendant committed the crime. The defendant does not have to be one of those witnesses. He cannot be forced to testify.
What is the difference between the prosecution and counsel for the defence?
The difference between the prosecution and counsel for defence is that the prosecution is the body that is representing the plaintiff who tries to convice the judge/magistrate that the defendant has committed crime while the counsel for defence is the body that is representing the defendant who tries to convince the judge/magistrate that the defendant has not committed any crime.
How can scout tell when a jury has found a defendant guilty?
Scout can tell when a jury has found a defendant guilty if the jury foreman announces the verdict in court in front of everyone present, including the defendant, lawyers, judge, and spectators. The judge will then typically set a date for sentencing.
How does the jury decide what punishment the defendant gets?
The jury does not decide what punishment the defendant gets, the judge does. The only thing the jury decides is whether the defendant is guilty or not guilty of what he is accused of.
What happen when a guilty verdict in a criminal case?
When a defendant is found guilty, it means that the jury (or sometimes judge) believe that there was proof beyond a reasonable doubt that the defendant committed whatever crime he/she was being charged with.Generally, the judge will schedule the next court hearing, known as "Sentencing", and a notice will be sent to the Court Services Office (or a similar department).The defendant may have to speak with a Court Services Officer. If the defendant does not know whether to do this or not, they should ask their attorney.The Court Services Office is going to draft a report of the defendant's criminal history, known as a "Pre-Sentencing Investigation" (or PSI), and send that to the judge.At sentencing, the judge will determine the correct punishment that the defendant need to face for their crime. Whatever punishment the judge decides will be carried out immediately after the hearing, unless specified otherwise by the judge.
Which is a judge most likely to do when concerned that a defendant will commit another serious crime if released on bail?
have the defendant held without the option of bail
What is the proper saluation for a judge when appearing before him?
When you are speaking, the judge is usually addressed as "Your Honor" (As in, "Your Honor, my name is _____ and I'm the defendant and representing myself"). Less common is the Title, "Judge" followed by the last name (This assumes you can correctly pronounce it), such as "Judge Hardy, may I ask the Court (never YOU) a question?" If you are writing, the judge is usually referred to as "The Honorable ___(First, Middle Initial, Last Name) _____".
Does the judge impose the sentence upon the defendant?
Yes, the judge imposes the sentence upon the defendant after they have been found guilty or have pleaded guilty. During the sentencing phase, the judge considers various factors, including the nature of the crime, the defendant's background, and any mitigating or aggravating circumstances. The sentence can include incarceration, fines, probation, or other penalties as deemed appropriate. Ultimately, the judge has the discretion to determine the most suitable punishment within the legal guidelines.
Does the judge ask the defendant to rise before the verdict it read?
Yes, in a courtroom setting, it is customary for the judge to ask the defendant to rise before the verdict is read. This practice emphasizes the seriousness of the moment and ensures that the defendant is present and attentive to the outcome of the trial. It is a formal part of the judicial process, reflecting the gravity of the legal proceedings.
Penalty for 10 counts receiving stolen guns?
Depends on the exact charge, the history of the defendant, and what sentence the judge imposes. If YOU are the defendant, and you were wondering if you need a lawyer, the answer is yes. That is a serious crime that can carry serious jail time.
Which is a judge most likely to do when concerned that a defendant will commit another serious crime if release on bail?
have the defendant held without optional bail A judge always has the option to deny bail for the above, other valid reason like flight risk also there are some non bailable offenses.
Can a defendant be release if the guilty person takes the blame?
If the defendant is not the person who committed the crime and someone else confesses to the crime, the defendant should be released. The only exception is if the police have evidence the person confessing is lying and that the defendant is the guilty party. It is the JOB of the police to bring the guilty to trial.The wrongly accused person, however, will only be released if the prosecutor drops the charges, the case is dismissed by the court, or the judge declares a mistrial.
