Sentences with phrase «rights of the defendants»

It would create endless conflicts between the stipulated rights of victims and the constitutional rights of defendants.

The resulting code is the basis of the modern so - called «inquisitorial system» of criminal courts, used in France and many civil law countries, though significantly changed since Bonaparte's day (especially with regard to the expansion of the rights of the defendant).

«Expanding off - hours arraignments will help to protect the Constitutional rights of defendants, both by minimizing delays in the arraignment process, and ensuring that defendants can be represented by counsel at arraignment,» Attorney General Schneiderman said.

In the ruling, Judge Rutherford said the right of the defendants to manifest their religion is not absolute and «can be limited to protect the rights and freedoms of the claimants».

So fundamental are some of those issues in relation to criminal law (such as scrapping the right of a defendant to choose a lawyer) that they have attracted the support of the wider legal community.

It is a measure of the contempt in which the rights of defendants are held that the coalition government threatened to impose a 17.5 % reduction in fees.

The court of appeals made this clear when it stated that this judge was «altogether uninformed» about a defendant's Sixth Amendment right to self - representation and that «This egregious lack of knowledge presents a serious risk to the rights of defendants.»

The appellate panel went on to say, «This egregious lack of knowledge presents a serious risk to the rights of defendants.»

Legal concepts like the rights of the defendant, the sanctity of rulings, the process of appeal, and so forth get in the way of judges fixing their own mistakes.

The Plaintiff thought the Defendant's vehicle was in the oncoming lane so she tried to keep to the right of the Defendant's vehicle.

Of course there was nothing but an embankment to the right of the Defendant's vehicle and the Plaintiff's vehicle flipped down into the ditch.

Clearly, Judge Leavitt's purpose was to protect the rights of the defendant and the integrity of the judicial process.

In yet another application of R. v Jordan, on March 17, Justice Peter Wilkie of the Ontario Court of Justice stayed a charge in R. v. Stephenson's Rental Services, saying the right of the defendant to be tried within a reasonable time under s. 11 (b) of the Charter had been breached.

However, it warns that structures to ensure that the rights of the defendant are safeguarded need to be introduced before such evidence can be used.

As it previously did in case No 113 of 7 April 2011, which introduced the power to reopen criminal proceedings for judicial review of res iudicata in the light of the European Court of Human Rights judgements, such solution could have represented a sustainable balance between the duty to comply with EU law, and the right of the defendant not to be unpredictably and unfairly disadvantaged during the criminal proceeding.

[26] The plaintiff argues that since both parties entered the «intersection» almost simultaneously, because the plaintiff was to the right of the defendant, she had the right - of - way.

For example, Brian successfully argued one of the leading cases on civil fraud and the right of defendants to access frozen assets to pay daily living expenses and professional fees.

Chun, supra., 194 N.J. at 148 (court held that «the device is sufficiently reliable so that the rights of all defendants have been protected»).

The convictions were challenged as denying the constitutional rights of the defendants.

Call for papers: Ensuring and Balancing the Rights of Defendants and Victims at International and Hybrid Criminal Courts: Pluricourts, University of Oslo has issued a call for papers for this conference to be held in Oslo on 30 and 31 August.

Also, the European Court held that the right of a defendant in environmental proceedings to seek a cross-undertaking in damages for the grant of any interim relief (such as an injunction restraining building works pending a challenge to the planning permission) was also subject to the requirement that any such imposition should not be prohibitively expensive.

any member of the public, including Plaintiff, has the right in the United States to copy the expression embodied in these public domain works, and to create and exploit derivative works incorporating any and all of the Sherlock Holmes Story Elements, without infringing any right of Defendant under copyright.

Jack Straw accepted the fundamental right of a defendant to know the case against him, to enable him to defend himself.

In many such cases, the frames would not necessarily generate opposite answers; this is seen in an earlier post about jury selection cases, where the right of a juror to be seated correlates with the right of the defendant to a representative jury.

The courts should not be acquiescing in a «gravely compromised» approach «involving a far - reaching inroad into the rights of a defendant».

Lord Rodger agrees with Bingham that «it is not open to this House in its judicial capacity to make such a far - reaching inroad into the common law rights of a defendant as would be involved in endorsing the procedure adopted in the present case» and that rather this task is for Parliament to address, as, «the proper body both to decide whether such a change is now required, and, if so, to devise an appropriate system which still ensures a fair trial».

«With respect Your Honour, I am exercising the absolute and lawful right of a defendant under sec 136 subsection (2) of the Courts of Justice Act, to record his / her own court proceedings for the purpose of supplementing or replacing handwritten notes and trust that this Honourable Court will accept the manner in which the defendant has chosen to so record, to be unobtrusive.»

While the defendant is provided with counsel who can explain both the criminal justice process and the rights of the defendant, the victim or witness has no counterpart and is usually not even notified when the defendant is released on bail, the case is dismissed, a plea to a lesser charge is accepted, or a court date is changed.

For example, a court might adopt plaintiff - friendly procedures and policies that undermine the rights of defendants.

Not exact matches

As a senator, Sessions criticized the Justice Department in 2009 for dismissing three defendants from a voting rights lawsuit against the New Black Panther Party after allegations of voter intimidation outside a Philadelphia polling place.

If copies of the book start to appear in the Justice Department and on law school syllabi, Eisinger could spark important debate about why — at a time when so many people struggle to obtain basic procedural rights in the criminal justice system — white - collar defendants manage to consistently evade its grasp.

At the conclusion of his four - month trial in 2007, prosecutors sought to convict on two alternative theories: one, that defendants actually stolen money from the company or; two, that by failing to disclose these payments, they'd deprived shareholders of their intangible right to honest services.

It provides that a court shall award actual damages, and may award punitive damages, if a SLAPP defendant shows that the SLAPP was brought to harass, inhibit the defendant's public participation or exercise of constitutional rights, or otherwise wrongfully injure the defendant.

Think of my ideas, Chad, as a defendant that a lawyer reserves the right to recall later — because rest assured, Chad — once you start to try to defend the validity of the god of israel that man made in his own image, I will be recalling these ideas.

Their lawyers also said Mr Avakian and the state Bureau of Labor and Industries violated the Kleins» rights as artists to free speech, their rights to religious freedom and their rights as defendants to a due process.

«Whether such cases end in conviction or acquittal appears to rest on, firstly, the ability of police or prosecutors to link the defendant with a particular association, and secondly, whether the judge decides to uphold an individual's constitutional right to share beliefs as a private citizen,» Victoria Arnold reported for Forum 18.

The defendant, in answer, denies that plaintiff or its predecessors now use, or have ever used, the word «Tabasco» as a trade - mark or identifying name for sauce, and specially avers that the word «Tabasco» could not and can not be appropriated as a trade - mark, because it is geographical and descriptive; that plaintiff continually acquiesced in the descriptive use of the word «Tabasco,» and never made a bona fide attempt to establish the trade - mark it now asserts; and that any rights that plaintiff may have had in the name as a trade - mark were lost by the patenting of the process and the expiration of such patent.

Even had McIlhenny not abandoned his patent but continued to use the patented process, it does not necessarily follow that the defendant, on the expiration of the patent, would have had the right to give to a sauce manufactured by him by the patented process, the name «Tabasco.»

Defendant Bulliard, concededly, has a perfect right, so far as plaintiff is concerned, to make sauce in accordance with the patent, but he does not pretend to be doing so, and, in fact, since the adoption of the National Prohibition Amendment to the Constitution and the passage of an enforcement statute by Congress, he may not do so, as the patented process provided for a mixture of alcohol as well as vinegar with the pepper pulp.

Such of these other manufacturers, including defendant, whose use of the word «Tabasco» came to the knowledge of plaintiff and its predecessors, have been warned to the effect that they have no right to use the word in connection with the sauce, or to use similar packages, and quite a number of suits for infringement have been filed by plaintiff, most of which have been terminated by consent decrees.

What the defendant desires is not the right to the use of the process, to which plaintiff makes no objection, but the right to the use of the name to designate a sauce not made in accordance with the patented process.

There are thousands of defendants across the country in jail right now because they can't make even minimal bail amounts.

Justice Ibrahim Buba of the court in his ruling on the defendants» preliminary objection on Monday, held that the engineers «had not made out a case of infringement on their fundamental rights even on the merit of the application,» and dismissed their applications.

These trials not only violate defendants» rights, but also rob victims of their day in court.

✝ - Pre-trial incarceration and bail confiscation can be considered punitive from the point of view of the defendant, but they do serve as a balance against an individual's rights and society's larger security concerns.

A new report from the New York Civil Liberties Union accuses New York State of providing inadequate representation to poor defendants, effectively denying their constitutional right to an attorney.

The defendant, in the suit filed on his behalf by a human rights lawyer, Mr Ebun Olu - Adegboruwa, joined the EFCC and the Attorney - General of the Federation as respondents.

Among nine defendants, the 80 - page criminal complaint — so extensive it required a Table of Contents — charged ex-aides Joseph Percoco, described as Cuomo's «right - hand man,» and Todd Howe, a well - connected lobbyist, as well as Alain Kaloyeros, the president of SUNY Polytechnic Institute.

However, the defendant proceeded to infringe on theconsent judgment regarding exclusive content rights of the plaintiff by setting up a new television channel on its Champion TV decoder under the trade name, Top TV 2, which was used to broadcast the 2016/17 season of the EPL.

c. General damages against defendant for violating the sexual right of plaintiff by sexually abusing her without her consent.