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What is a two-sided structure under which the American criminal trial court operates?
Question makes no sense and actually answers itself. There is (1) the Prosecution and (2) the Defense. Period.
In a criminal trial who has the burden of proving criminal defenses?
The Prosecution (the State) presents the case against the defendant. The Defense Attorney has to provide the defenses.
What are the crime laws against mentally handicapped?
(in the US) There are no specific laws that single out mentally ill individuals for special prosecution. As a matter of fact, mental illness may well be a defense against criminal prosecution.
What is the main goal of a criminal defense lawyer?
Criminal defense lawyers' goals are to be knowledgeable of and protect the client's rights through all steps of a criminal prosecution. Contrary to popular belief, a criminal defense lawyer's responsibility is not to get the client off. It is against the law for a criminal attorney to, with knowledge, support criminal activity, whether they are defense or prosecution attorneys. If the line between supporting criminal activity and protecting a client's privilege is in question, it usually decided by a through a judicial process.
What is the name of both sides in a criminal case?
That will depend on whether the case is a civil or criminal trial. In a civil court case the two sides are the defendant and the plaintiff. For a criminal court it will be the defendant (the accused) and the government entity bringing the charges, usually the State or Country.
How many challenges for cause may be made by the prosecution and the defense in a felony criminal trial?
5
Does the prosecution have a legal obligation to share evidence with the defense?
Yes, the prosecution has a legal obligation to share evidence with the defense in a criminal case. This is known as the principle of disclosure, which ensures a fair trial and allows the defense to adequately prepare their case.
What has the author Harry I Subin written?
Harry I. Subin has written: 'Federal criminal practice' -- subject(s): Defense (Criminal procedure), Prosecution
Can a prosecution witness testify after the defense has closed its case in a criminal trial?
Yes, if the testimony is to rebut or impeach evidence given in the defense case in chief.
What dp you mean by adversarial system in American trial courts?
In criminal court you have two sides advocating for their particular party. The prosecutor arguing for the state, and the defense arguing for the defendant. They are adversaries. Thus, an adversarial system, not a cooperative system.
What are the two side in a criminal trial?
The sides in a civil trial are the same as a criminal trial. There is a plaintiff and a defendant. In a criminal trial the plaintiff is usually the jurisdictioni charging the defendant.
Has any US state ever given defense attorneys the last word in trials rather than prosecution attorneys?
(in the US) In criminal trials - the defense ALWAYS makes the final closing argument before the judge and/or jury.However, according to the rules of criminal procedure, the prosecution does retain a right (if it wishes) to make a rebuttal argument. Sometimes the prosecution choosese to exercise this right, sometimes they do not.If the prosecution chooses to exercise the right to make a rebuttal argument there is no right to a "re-rebuttal" by the defense.
