Sentences with phrase «of acquittal»

Would it be correct to say that the reason why judges do not have power to set aside a jury verdict of acquittal in a criminal case is precisely that that would violate a right to a trial by jury?

«Sheldon Silver respectfully moves for a judgment of acquittal on all counts of the superseding indictment,» reads the disgraced politician's last - ditch motion.

In that sense, the most accurate description of the jury's paradoxical authority to act on its own in disregard of the law even while it is charged with following the law is the raw power to bring in a verdict of acquittal in the teeth of the law and the facts.»

Four cases address victim surcharges in criminal cases, and the last is an appeal of the acquittal of a London, Ont.

This is because it is the verdict, not the reasons, that is relevant when determining the legal effect of an acquittal on a subsequent civil proceeding.

Both Derstine and DiGiuseppe will represent Mr. Husbands at his retrial, beginning in September of 2018, where, as a result of his acquittal for first - degree murder in 2014, he will face charges of second - degree murder.

«Civil courts have taken a hard line on the legal effect of acquittals, finding they are generally irrelevant to a civil suit for damages based on the same alleged misconduct,» Grace notes.

The nature of the proposed plea and the likelihood of an acquittal at trial are two of the largest factors.

But, the vast majority of acquittals result in a vast injustice to the defendant (although not as great as when a judge uses the factual basis of the events from which you have been acquitted to enhance the sentence against you on other charges which is done from time to time in both the federal and state legal systems in a practice that is unfair but not necessarily sufficient to overrule those sentences on appeal).

Based on the evidence they heard, the submissions made and the charges that the judge gave to the jury, a route of acquittal was a possibility.»

He seeks to have his conviction set aside and a verdict of acquittal entered on the basis that the search was unconstitutional.

Recognized by the Equal Justice Foundation for my «high rate of acquittals and dismissals» in domestic violence cases.

The Supreme Court must consider whether, where a person claims that a prosecution has been brought in breach of her human rights, the time limit for bringing proceedings under the Human Rights Act 1998 runs from the date of her acquittal / conviction, or the date on which any appeals are granted.

As detailed in question 12, in case of acquittal by the Board of CVM, the case is closed in the administrative sphere.

In light of the acquittal of George Zimmerman, I asked him to comment on why he chose to participate in this, and if the benefit of 20/20 hindsight changes his thoughts on that choice.

He is the author of The Acquittal of God: A Theology for Vietnam Veterans, and The Fabricated Luther: The Rise and Fall of the Shirer Myth.

Because the jury couldn't arrive at a verdict on the reckless manslaughter charge (it voted 8 - 4 in favor of acquittal), prosecutors can still retry Williams on that count.

He escaped prison for the second time in a year after the court, in a unanimous decision, declined to grant the state's prayer for the overturn of his acquittal and discharge granted by the High Court on March 12, 2015.

Unfortunately he isn't sure he wants to handle them as they keep killing anyone who stands in the way of their acquittal including the prosecutor, the attorney's still loved ex-wife.

The press release to the show features a 1955 photograph of Emmet Till's murderers, gleeful after news of their acquittal — a nod, no doubt, to Dana Schutz's contested solo exhibition on view contemporaneously about a mile away at the Institute of Contemporary Art Boston.

The firm volunteered almost 500 hours across two centres in 2015 (a 150 % increase on its support a year earlier), spurred by a motivation to see an increase in convictions and prison sentences, and reduce the number of acquittals, while at the same time educating and empowering victims to stand up to abuse and take back control of their lives.

My clients tend not to care how I win for them as long as I win, even if through a final dismissal rather than through the greater excitement of an acquittal.

It may, of course, be possible to sue the complainant for defamation or even to bring an action for malicious prosecution; a lawyer would have to advise on this, but the mere fact of acquittal is certainly not enough to found an action.

If convicted of violating campaign finance laws, Fieger would have broken Spence's career - long perfect record of acquittals in criminal trials.

Robert Jappie (Senior Associate — Crime and Regulatory & Maya Paunrana (Solicitor — Crime & Regulatory): «In criminal proceedings, schedule 7 of LASPO Act 2012 made it much more difficult to successfully recover legal costs on behalf of the defendant in the event of an acquittal.

The proportion of «not proven» acquittals in general is higher in the more severe cases; but so then are the proportion of acquittals versus convictions.

The precise wording of acquittal documents, absolute discharge and conditional discharge documents, criminal diversion documents, deferred adjudication documents, or pardon documents can also vary from state to state.

Justice Doherty concluded, at paras. 73 - 4, that Justice Ray had allowed the seriousness of the charge to overwhelm the exclusion analysis and adopted what Justice S.D. Frankel said in R v Ahmed - Kadir, 2015 BCCA 346, at para. 111: «The importance of maintaining respect for Charter rights and ensuring that the justice system is above reproach outweighs the collective cost of his acquittal.»

By contrast, no breakdown of acquittals — as between directed and non-directed verdicts — is given by specific offence or offence groups.

She addressed the issue of acquittals for rape charges and gave insights into why they may occur.

The Court of Appeal acknowledged that, had the statement not been admitted, «the prospect of a conviction would have receded and that of an acquittal advanced».

A defence lawyer who is able to robustly and successfully advise a clearly guilty defendant that they haven't a cat - in - hell's chance of an acquittal saves the state thousands of pounds for their few hundred pounds fee.

I moved for judgment of acquittal, and the judge then turned to the prosecutor to start asking some questions.

Unfortunately, although a jury might often present a higher chance of acquittal than the judge - trial option, if the jury convicts, it will recommend the sentence without the benefit of knowing the voluntary sentencing guidelines, reading a presentence report, nor being permitted to recommend a suspended sentence, a probation period, nor community service nor counseling in place of active jail and a recommended fine amount.

This past Saturday morning, Lord and Lady Macbeth (Ian Lake and Krystin Pellerin) appeared before the Supreme Court of Stratford in the Crown's appeal of their acquittal of the murder of King Duncan, on the basis that they were not criminally responsible «due to insanity driven by politics.»

Based on the evidence they heard, the submissions made and the charges that the judge gave to the jury, a route of acquittal was a possibility,» says Chris Murphy, lawyer for the Boushie family.

This appeal considered whether, where a person claims that a prosecution has been brought in breach of her human rights, the time limit for bringing proceedings under the HRA 1998 runs from the date of her acquittal / conviction, or the date on which any appeals are granted.

Civil courts have taken a hard line on the legal effect of acquittals, finding they are generally irrelevant to a civil suit for damages based on the same alleged misconduct and, therefore, are inadmissible.

Handlarski, principal with RH Criminal Defence, brought a motion for a directed verdict of acquittal on the firearms charges, arguing there was no evidence the woman had seen a real gun.

Obtained a reversal and judgment of acquittal in the Eleventh Circuit Court of Appeals of the mail fraud conviction of David Brown, former chairman of the board of General Development Corporation

When Saddam Hussein appeared before the court that condemned him to death, he must have known he had no chance of acquittal.

Charles Laughton plays the legendary barrister who defies doctor's order and a heart condition to defend amiable but shiftless American Tyrone Power from a murder charge and Marlene Dietrich plays his German wife, a cool, suspicious character whose testimony seems to doom Power's chances of acquittal.