Sentences with phrase «defendant in a criminal prosecution»

From time to time I provide reports in personal injury and clinical negligence cases, and occasionally in Family Court and employment tribunal cases, but most of my reports are commissioned on behalf of a defendant in a criminal prosecution.»

Not exact matches

The bill, however, is encountering fierce opposition from district attorneys who complain it will, among other things, allow criminal defendants to bring bogus charges against prosecutors in a bid to bog down prosecutions.

By Section 270 of the Administration of Criminal Justice Act, a plea bargain agreement is allowed as in this case, wherein the first defendant has provided relevant information to aid the prosecution of this case... it appears to me that by the above provisions of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment stipulated for the offence charged.

You know you're in a «law and order» region of the state when the public defender is credited with thousands of successful criminal prosecutions... defendants there might better mortgage the corn combine and hire their own lawyer!

Ignoring the picture's preposterous premise that an expert witness for the prosecution would ever exhibit such sensitivity towards a defendant in a criminal case, the film nonetheless works because of the way in which two females manage to mind - meld and make peace on a middle ground.

The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

At another firm, which has acted for multiple defendants in SFO investigations and prosecutions, a prominent partner says: «The advent of DPAs has allowed the state to do something it has been lamentably bad at doing: to use the criminal justice system as, potentially, an effective tool in the regulation of business.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

Although its analysis, like that in Gideon and other earlier cases, suggested that the Sixth Amendment right to counsel should apply to all state criminal prosecutions, Argersinger held only that an indigent defendant is entitled to appointed counsel, even in petty offenses punishable by six months of incarceration or less, if he is likely to be sentenced to incarceration for any time if convicted.

«(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.».

Finally, where a juror knows or learns something prejudicial to a defendant, for example that he has criminal convictions, this does not amount to partiality to the prosecution case or consequent partiality in that juror.

(b) Proof that the defendant - licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

Privilege May Be Irrelevant In Your Case In a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted and the case is still on appealIn Your Case In a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted and the case is still on appealIn a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted and the case is still on appealin the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted and the case is still on appeal).

Now, I've learned that in a criminal trial where the defendant is alleged to have strangled his wife, but contends that it wasn't he who caused her death but a canine, the court may allow the prosecution to present expert testimony on the possibility of smothering - by - dog.

«It is a sound and well - established principle that a court should not exercise its equitable powers to interfere with or enjoin an ongoing criminal investigation when the defendant will have the opportunity to challenge any defects in the prosecution in the trial or on direct appeal.»

In addition, several statutes have articulated the parameters of the civil compulsion and conditional secondary privilege, providing that such compelled evidence including information, admissions, and findings should not form part of any criminal prosecution against a defendant facing criminal charges.

And in the criminal courts, the obvious sanction is to dismiss the prosecution for some abuse of process involving the defendant's human rights.

A court hearing is set up to review the case with defendants engaging expert criminal lawyers in challenging the charges made by the prosecution which must prove the crime through:

In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt.

All the prosecution needs to prove is that the defendant attempted to get the minor to engage in criminal activity.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

Representing one of two defendants in the White River (Indiana) fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $ 50 million and federal criminal prosecution under the Clean Water Act.

We represent national and international companies, individual defendants and trade associations in connection with criminal antitrust investigations and prosecutions, and we have successfully represented defendants against charges of anticompetitive conduct at trial.

This, the Prosecution argued, coupled with the use of pay as you go phones indicated that secrecy was being deployed in order to hide criminal activity, though the defendants denied this and the conclusion of the jury is not clear cut.

«In appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquIn appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.»

As used in this subsection, the term «criminal prosecution» includes arresting, detaining in custody, and charging or prosecuting the defendant.

com This, the Prosecution argued, coupled with the use of pay as you go phones indicated that secrecy was being deployed in order to hide criminal activity, though the defendants denied this and the conclusion of the jury is not clear cut.

As detailed in this new Reason piece, headlined «Ross Ulbricht Files Appeal to the Supreme Court on His Life Sentence Without Parole: Silk Road founder's appeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing,» a notable federal criminal defendant is bringing some notable issues to the Supreme Court via a new cert petition.