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Which defense contends that the defendant should be not guilty because his or her state of mind negates criminal responsibility?
The term is called 'mens rea' In order to be convicted of any crime, every 'element' of the crime must be proven by the government beyond a reasonable doubt. So, it depends on what the crime is, and what are the particular elements of the crime alleged. If the alleged crime includes a particular 'state of mind' or 'mens rea', the government would have to prove beyond a reasonable doubt that the defendant possessed the mens rea to commit the alleged offense. An example would be a defendant not being guilty by reason of a mental defect, sometimes called not guilty by reason of insanity. This explains why some defendants are not found guilty or not charged with some crime, and are instead committed to a government mental institution.
What else can I help you with?
Evidence that may not be used against a defendant in a criminal trial because it was obtained illegally is an example of the?
exclusionary rule
Why are criminal cases titled in terms of the state against the defendant?
Because defendants in a criminal case have committed a crime not just against a specific victim or victims, but against the State/society in general.
What must be resolve first in a case is it the criminal aspect or the civil aspect?
If there are, in fact, both a criminal and a civil side to the incident, the criminal aspect will be handled first. The "state's" (i.e.: the "people's") interests in prosecuting a crime take precedence over the civil wrong against an individual. (Think the O.J. Simpson case.) Traditionally, the criminal matter will be decided first. This is primarily because proceeding with the civil case can prejudice a criminal defendant's rights. The civil case will wind up stalled because the criminal defendant can refuse to comply with civil discovery by asserting the right to remain silent. Admissions or statements given in a civil case could be employed against the criminal defendant. As a practical matter the civil case cannot proceed until there is a resolution of the criminal matter. For further information see the related links below.
What is a non-credible wittness to a crime?
Someone with a lengthy criminal background may be considered non-credible. Non-credible means the finder of facts (generally the jury) would not believe the witness's testimony. This could be because of a criminal background, a history of deception, or because of his/her own interest in the outcome of the case. For example, if the witness has a relationship with the defendant, his alibi that he was with the defendant at the time that the crime was committed may not be credible.
When will the criminal case not go to trial?
A criminal case will not go to trial if the defendant pleads guilty at a preliminary hearing or if the prosecution decides to discontinue the case (usually because they think the evidence is not strong enough for a reasonable chance of conviction).
Is it the defendant's lawyer's responsibility too ensure that the plaintiff's attorney fulfills their obligation?
The adversarial legal system only works because both sides do their best to advocate their side of the proceeding. The plaintiff in both a civil and a criminal court best serves the public by insuring that all necessary elements of a case are completely and fully proven.
Why does Gideon come to trial without a lawyer?
Because he couldnt afford an attorney to represent him in criminal court. The US Supreme Court ruled that criminal defendants will be provided with a defense attorney at government cost when the defendant cannot afford an attorney.
What is the significance of exculpatory evidence in a criminal trial and how does it differ from inculpatory evidence?
Exculpatory evidence is important in a criminal trial because it can help prove a defendant's innocence or show that they are not guilty of the crime they are accused of. This type of evidence can include alibis, witness statements, or forensic evidence that supports the defendant's version of events. In contrast, inculpatory evidence is evidence that tends to show the defendant's guilt or involvement in the crime. It is crucial for both types of evidence to be presented in a fair and balanced way to ensure a just outcome in the trial.
Why is the criminal justice wedding cake more realistic than a linear model depicting the criminal justice system?
Because the wedding-cake model can show differences in treating various cases depending on specific factors of each situation, such a seriousness of the charge or a defendant's resources.
What case focused on a defendant lack of access to counsel because the defendant was indigent?
Gideon v. Wainwright
What side makes the opening statement in a criminal trial?
In a criminal trial, the prosecution makes the opening statement. This is because the prosecution bears the burden of proof, aiming to establish the defendant's guilt beyond a reasonable doubt. The defense follows with its own opening statement, outlining its perspective and strategy for the case.
When does the defendant have to pay the money to the bondsman?
The defendant has to pay the bondsman because they are getting the person out of jail based on their word or cash they give the courts. As the defendant, you have to pay them back.
