If
the prosecutor in a criminal trial failed to convince the trier of fact (the judge or jury) that no reasonable doubt existed as to the defendant's guilt, a plaintiff may nevertheless be able to show that it was more likely than not (the definition of a preponderance of the evidence) that the defendant committed the child abuse alleged in a civil trial.
Not exact matches
Updated 3:26 p.m. The
criminal assault
trial of Kevin S. Parker, a state senator from central Brooklyn, was thrown into turmoil on Thursday, as a judge granted the Brooklyn district attorney's office's request to have two special
prosecutors appointed — one who would take over the case, and another who would investigate possible improprieties by an assistant district attorney not directly involved
in the proceeding.
A March 8, 2016, story reported that attempts to investigate Suffolk County Conservative Party leader Edward Walsh «were thwarted at every turn by Spota and others,» according to a filing by federal
prosecutors a week before jury selection
in Walsh's
criminal trial was set to begin.
During their opening statements today
in the
criminal corruption
trial of former state Assembly Speaker Sheldon Silver,
prosecutors and Silver's defense attorneys painted sharply different images of the elected official at the center of the case.
In closing arguments at his obstruction of justice
trial, a Brooklyn federal
prosecutor called state Sen. John Sampson a crook who instinctively relied on
criminal tactics to avoid law enforcement...
It is those «hung» counts that
prosecutors now plan to retry at a second
criminal trial in Brooklyn federal court.
In an unusual move designed to make
criminal trials fairer, state Court of Appeals Chief Judge Janet DiFiore issued a new rule requiring judges to forcefully order
prosecutors to search their files and disclose all evidence favorable to the defense at least 30 days before major
trials.
During their opening statements Tuesday
in the
criminal corruption
trial of former state Assembly speaker Sheldon Silver,
prosecutors and Silver's defense attorneys painted sharply different images of the elected official at the center of the case.
Power, along with Luis Moreno - Ocampo, Chief
Prosecutor of the International
Criminal Court; former Nuremberg
Trials prosecutor, Ben Ferencz; and Emmanuel Uwurukundo, a survivor of the massacres
in Rwanda who now oversees U.N. camps for refugees from the genocide
in Sudan, are all shown
in the film, continuing Lemkin's struggle for justice.
Instead, since the vast majority of
criminal cases result
in plea agreements, what you need most is a lawyer skilled at negotiating such agreements, who can help you decide whether you should accept the
prosecutor's deal or take your chances at
trial.
As a
prosecutor, Earl served
in county courts, juvenile courts, and district courts as both a
trial lawyer and a supervisor, handling many
criminal and juvenile
trials with excellent success.
As a
prosecutor, Earl served
in county courts, juvenile courts, and district courts as a
trial lawyer, handling many
criminal and juvenile
trials with excellent success.
Exhibit A: Emails sent by lawyers on
trial in the Dewey & LeBoeuf
criminal fraud case which mentioned things like «fake income,» «accounting tricks,» «cooking the books,» and deceiving a «clueless auditor» first ended up
in the indictment and have been trotted out by
prosecutors at every opportunity.
Whether conducting internal business investigations to identify, confront and resolve
criminal activity, or defending and advising businesses or business professionals through government investigations, our team of former
prosecutors,
trial attorneys and investigators can assist you
in protecting your interests through this process.
At Surovell Isaacs & Levy PLC, our Fairfax DWI blood test contest attorneys have decades of experience providing effective and aggressive
criminal representation with the skills necessary to defuse the power of the
prosecutor's most important piece of evidence
in a DUI
trial.
To be held Sept. 13 and 14
in Andover, Mass., the conference is to be named
in honor of Justice Robert H. Jackson, who
in 1945 took a leave of absence from the Supreme Court to serve as chief
prosecutor in the Nuremberg
Trials of Nazi war
criminals.
What with courtroom deputies, judges and
prosecutors all bearing arms
in Texas, defense lawyers and their clients may be the only unarmed people present
in a
criminal trial.
If they would not give evidence, dangerous
criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if,
in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the
trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the
prosecutor's duty of disclosure.
I have worked
in the New York
criminal justice system for more than 34 years, first as a
prosecutor and then as a
criminal defense
trial lawyer.
Prior thereto, David served on active duty
in the United States Navy as a Judge Advocate where he tried misdemeanor and felony level
criminal cases as a
prosecutor and defended the Department of the Navy
in complex civil cases
in trial and appellate courts across the country.
The modern realities of the
trial penalty (where defendants get 10 + more years for a crime because they go to
trial), and the fact that 95 % of all convictions are from pleas, shows
in another way how our justice system has become a (
prosecutor - controlled) inquisitorial system of
criminal justice.
1) Question: I'm a defendant
in a serious
criminal trial, and I'm pretty sure one of the jurors deciding my fate has a crush on the
prosecutor!
The American
criminal justice system is far from being sufficiently enlightened, starting by too many presumed - innocent people caged without bond pending sentencing, moving to Virginia's crabbed
criminal discovery system, continuing to Virginia's system that allows
prosecutors to scare defendants to plead guilty by their refusal to waive a jury that
in many instances and locations can mean more racist jurors than judges on top of the jurors often being more wild cards than judges for sentencing, continuing to the many judges who choose judicial efficiency over a fair
trial, continuing to the brutal capital punishment system, cntinuing to excessive mandatory minimum and guideline sentencing, and continuing to the slew of innocent convicted people (many of whom plead gulilty rather than risking a worse fate), and continuing to frequently excessive sentences and excessive probation violation sentences.
(1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the
prosecutor, order the accused to stand
trial in the court having
criminal jurisdiction, without taking or recording any evidence or further evidence.
Limited preliminary inquiry (1.1) If the
prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand
trial in the court having
criminal jurisdiction.
L. Rev. 267, 291 (2010)(finding that skill of defense attorney made no difference
in the outcome of non-celebrity
criminal jury
trials, but that skill of
prosecutor played a significant role
in the outcome); see also Emily S. Taylor Poppe & Jeffrey J. Rachlinski, Do Lawyers Matter?
With more than 19 years of litigation and appellate experience as both a former New York City homicide
prosecutor and a
criminal defense counsel
in the United States Army, Mr. Smith has served as lead counsel on more than one hundred
trials on charges to include murder, manslaughter, vehicular homicides, armed robbery, aggravated assault, burglary, drug distribution, rape, child molestation, child pornography, rape and aggravated sexual offenses, grand larceny, embezzlement and fraud on the...
It's unethical for a
prosecutor to put a witness on the stand
in a
criminal trial when he or she knows
in advance that the witness is going to take the Fifth Amendment and refuse to testify at all.
Vancouver
Criminal Defence Lawyer Emmet J. Duncan successfully persuaded Crown counsel that it was unnecessary to proceed to
trial, particularly as the cross-examination of the complainant would be vigorous and would focus on various inconsistencies
in statements the complainant had made to police and
prosecutors.
The Academy is a group of truly elite
trial lawyers representing both sides of the Bar:
prosecutors and defense lawyers
in criminal cases, and plaintiffs» and defense counsel
in civil litigation (including business and personal injury cases).
Prior to joining Baker McKenzie
in 2011, Mr. Burkett was an Assistant Crown Attorney, where he was the lead
prosecutor on numerous
criminal trials; including serious commercial fraud prosecutions.
Norman Thomas» experience as a
prosecutor and judge
in Virginia provided him with a wealth of experience
in criminal matters involving constitutional law,
trial evidence, procedural rules and more.
The Prime Minister has a law and order constituency that might look with favour on the appointment of someone like David Watt, a former crown
prosecutor and judge noted for his strict and careful implementation of the
criminal law
in murder
trials.
The German Code of
Criminal Procedure allows victims of an offence, or their survivors, the right to participate
in the
trial as intervenors or private
prosecutors.
More on Judge Kozinski's recent ideas on
criminal justice reform (sample: let defendants choose jury or bench
trial, study exonerations
in depth, go after bad
prosecutors) from Eugene Volokh and Radley Balko.