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Sentencing is last step in a criminal prosecution if the defendant is found guilty.

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12y ago

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What are the remedies when the prosecution in a criminal case failed to call witnesses?

If, due to the reason cited in the question, the defendant is found not guilty. . . nothing more can be done due to the Double Jeapordy prohibition contained in the Constitution.


When one co-defendant is found guilty does the other co-defendant have to be guilty too. Can one defendant be guilty and one NOT Guilty?

Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.


When a person in a criminal trial is found guilty that person is?

The person in a criminal trial is the defendant. When found guilty, the person is convicted and sentenced. The person then becomes an inmate or convict in the prison system.


The judge found for the defendant?

This is in civil trial and it means the judge found that the case was presented in favor of the Defendant: in other words the person who was sued was found not liable for the allegations made by the Plaintiff. In criminal court the judge either finds you guilty or not guilty.


What happens when a criminal court case is adjudicated?

Adjudicated means the case is done: it has been convicted either by the defendant pleading guilty or found guilty by the Judge/jury.


What is someone that is coumeted with a crime and is finded out not guilty?

Someone who is accused of a crime but is ultimately found not guilty is referred to as a "defendant." In legal terms, this means that the prosecution did not meet the burden of proof required to establish guilt beyond a reasonable doubt. As a result, the individual is presumed innocent in the eyes of the law, and the not guilty verdict allows them to move forward without a criminal conviction on their record.


Can prosecutor be sued if defendant is found not guilty?

In general, prosecutors have immunity from being sued for actions taken in their official capacity, including decisions made during a trial. This means they cannot typically be held liable for wrongful prosecution simply because a defendant is found not guilty. However, if a prosecutor engages in misconduct, such as malicious prosecution or violating a defendant's rights, they may be subject to civil lawsuits in certain circumstances. The specifics can vary based on jurisdiction and the nature of the misconduct.


What is the difference between a crimanal court and a civil court?

Criminal Courts hear criminal cases, civil courts hear civil cases. In criminal cases there are 2 sides: The Prosecution (The Queen in the UK or The State in the US) and the Defendant (the accused individual or group of people). In criminal courts the case is always brought by the Prosecution who are prosecuting the Defendant for allegedly partaking in an illegal activity. If the Prosecution win then the Defendant is convicted (found guilty). If the Defendant wins he is acquitted (found innocent). If the Defendant is found guilty he is said to have committed a criminal offence or broken the law and may be imprisoned for this. In civil cases the 2 sides consist of an Applicant (the party bringing the case to Court) and the Respondent (the person answering the case). In civil cases, instead of one party being prosecuted by the other as with criminal courts, one party is SUED by the other. Civil courts often hear cases relating to e.g. breach of contract (which encompasses a huge range of cases - defaults on rent/mortgage payments, failure to provide an agreed fee in return for a service or vice-versa and breach of a previously made Court order). If one party successfully sues the other then the other party is liable to compensate the suing party (either financially or by providing some other remedy to the situation. They are not, however, guilty of a criminal offence or liable to be imprisoned.


Can a Judge Sentence someone found 'Not Guilty'?

No. If the defendant was found not guilty WHAT would the judge sentence them for?


Does the failure of the defense to call any witnesses mean the defendant should be found guilty?

The failure of the defense to call witnesses does not inherently mean the defendant should be found guilty. The burden of proof lies with the prosecution, which must establish the defendant's guilt beyond a reasonable doubt, regardless of the defense's actions. There could be strategic reasons for not calling witnesses, such as the belief that it may not strengthen the case or the desire to avoid potential negative testimony. Ultimately, a verdict should be based on the evidence presented and the prosecution's ability to meet its burden of proof.


After what vote is the defendant immediately released?

A defendant is typically immediately released after a vote of "not guilty" by a jury. This verdict indicates that the prosecution has not met the burden of proof required for a conviction. In some cases, a judge may also order a release if a motion for acquittal is granted before or during a trial. However, if the defendant is found guilty, they will remain in custody until sentencing.


If someone is found guilty for assault then goes to an appeal and is found not guilty what are your options?

If you are the defendant: you go free.