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Is the defendant always required to provide testimony in the trial?
Wiki User
∙ 13y ago
There is no blanket answer to this question. Whether the defendant testifies on their own behalf, is a legal strategy that the defense attorney will discuss with his client when the time comes.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoNo.
In the US, a criminal defendant cannot be forced to testify, and if he chooses not to, his silence cannot be used against him.
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Should a defendant always be permitted to view the contents of a presentence report?
In some states this information might not be 'public record', and could be considered confidential investigatory material. You will have to consult with your attorney to detemine the procedures and rulings on this in your particular state.
Who is required by law to wear a pfd?
Those who are required to wear a PFD or Personal Flotation Device by law depends on where you are, and is dependent on what type of water craft you are using. Typically anyone using a PWC or Personal Water Craft (i.e. Jet Ski, Canoe, Kayak etc.) is required to where a PFD. For larger water craft typically anyone under the age of 16 required/recommended, however you are always required to have enough PFDs for anybody on-board the water craft at all times, failure to do so could get you slammed with hefty fines.
How can you override a will?
Typically a will cannot be overridden. There are some laws that will protect the rights of the spouse that may invalidate certain parts. And a testator can always refuse to accept their inheritance. In some places you can elect to 'take against the will' and receive the intestacy required amounts.
Is unethical act always illegal?
Yes!
How do you prove medical negligence?
Proving medical malpractice is clearly not always simple. Where clear errors or negligence occurs, it is easier. Like, when a physician leaves a sponge in your during surgery or amputates the calf that is incorrect, you have clear-cut medical negligence. However, you would be looking to prove that this doctor acted not in the standard of care for the outward symptoms he/she was given. That is planning to require acquiring expert testimony by additional physicians or therapy professionals. Contact legal counsel who focuses primarily on medical malpractice to possess your case reviewed, should you experience you've a negligence situation.
Are the parties to a criminal trial the government and the defendant?
Yes, in a criminal trial it is always the government against the defendant.
Who presents their case first the prosecuter or the defendant?
The defendant in a criminal case is not required to prove innocence. The prosecution is required to prove the defendant's guilt beyond a reasonable doubt. The plaintiff/prosecutor speaks first, usually summarizing the evidence that has been presented, and highlighting items most beneficial to the prosecution. The attorney for the defendant speaks next.
Are references always required?
References are not always required, but they can be helpful to support your arguments, provide evidence for your claims, and give credibility to your work. The decision to include references depends on the context and requirements of the task at hand.
Why are Prosecutors required to aid the defense in building its case by making available any evidence in the Prosecutor's possession?
Everyone has the right to a fair trial. The prosecution has access to information, considering they are always in close contact with the police. The prosecutor's job is not only to prosecute the defendant, but to ensure that the defendant receives a fair trial in the court of law. Allowing the defense access to this information gives them the ability to provide an adequate defense to the charges being brought against them.
Can a husband choose to not testify against his mate in Washington state?
A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege
The defendant does not have the right to be told of the charges against himher?
Yes, in the US justice system the defendant always must be told what he or she is charged with.
What happens if you don't appear in a civil suit court case?
The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.
When one co-defendant is found guilty is the other too?
Sometimes, but not necessarily always.
What amendment says the burden of proof lies with the prosecution?
There is no such amendment. The principles of justice and law in the US is that the defendant is ALWAYS innocent until PROVEN guilty. Therefore the defendant ALWAYS has the presumption of innocence on his side and the prosecution bears the burden to prove you guilty.
Is benvolios testimony about the events fully accurate?
Benvolio's testimony may not be fully accurate as he could have missed or misinterpreted details. He could also have biases or partial views on the events. It is always important to consider multiple perspectives when evaluating the accuracy of testimony.
What is the danger of depending on a criminal offender as an informant against a codefendent?
That is always a factor that the prosecutor must take into consideration when they consider using the einformants testimony. It generally hinges on the believability of the informants testimony.
What should a defendant do when served in a lawsuit?
There really is no list of options for the defendant. The defendant must show up at the appointed time and place and represent their own interest at the hearing. If they cannot appear on that date they should visit the court and try to reschedule the hearing. It is always better to be represented by an attorney.There really is no list of options for the defendant. The defendant must show up at the appointed time and place and represent their own interest at the hearing. If they cannot appear on that date they should visit the court and try to reschedule the hearing. It is always better to be represented by an attorney.There really is no list of options for the defendant. The defendant must show up at the appointed time and place and represent their own interest at the hearing. If they cannot appear on that date they should visit the court and try to reschedule the hearing. It is always better to be represented by an attorney.There really is no list of options for the defendant. The defendant must show up at the appointed time and place and represent their own interest at the hearing. If they cannot appear on that date they should visit the court and try to reschedule the hearing. It is always better to be represented by an attorney.
