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defendant and could
Shout at Eichmann though he might, the Prosecutor could not establish that the defendant was falsifying the way he felt about Jews or that what he did feel fell into the generally recognized category of anti-Semitism.
* A defendant could argue that since he was drunk, he could not form the specific intent to commit assault.
The jury could only cast a ' yes ' or ' no ' vote as to the guilt and sentence of the defendant.
Under the Alford plea, the defendant admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt.
The Court went on to note that even if the defendant could have shown that he would not have entered a guilty plea " but for " the rationale of receiving a lesser sentence, the plea itself would not have been ruled invalid.
As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable while the defendant himself still maintained that he was not guilty.
Finally, a class action avoids the situation where different court rulings could create " incompatible standards " of conduct for the defendant to follow.
Refusing to litigate the case in one trial could result in different outcomes and inconsistent standards of conduct for the defendant corporation.
In Connelly v DPP ( AC 1254 ), the Law Lords ruled that a defendant could not be tried for any offence arising out of substantially the same set of facts relied upon in a previous charge of which he had been acquitted, unless there are " special circumstances " proven by the prosecution.
A defendant who had been convicted of an offence could be given a second trial for an aggravated form of that offence if the facts constituting the aggravation were discovered after the first conviction.
If a defendant could not reasonably have foreseen that someone might be hurt by their actions, there may be no liability.
" The key is that the defendant could not appreciate the nature of his actions during the commission of the crime.
The defendant could freely choose whether to have a jury or trial by judges, and the decisions of the jury were non-binding.
It is generally allowed by a court when a defendant could reasonably have believed that the plaintiff was not going to exercise his or her legal rights and acted on that belief to his or her detriment.
This opposition must be put in context with the second option offered by the majority opinion, which allowed that the defendant had the option of remaining silent, saying: " Had he wanted to remain silent, he could have said nothing in response or unambiguously invoked his Miranda rights, ending the interrogation ".
The question is whether the consequences of an outcome adverse to the defendant could be characterized as punishment.
Clearly a criminal trial is a criminal proceeding since if convicted the defendant could be fined or imprisoned.
Apparently the police could continue questioning the defendant about uncharged crimes assuming that the defendant was not in custody.
The inquisitor could keep a defendant in prison for years before the trial to obtain new information, and could return them to prison if he felt that the witness had not fully confessed.
It was held that, as the defendant had been aware of his actions, he could neither have been in a state of automatism nor insane, and the fact that he believed that God had told him to do this merely provided an explanation of his motive and did not prevent him from knowing that what he was doing was wrong in the legal sense.

defendant and also
The defendant, William L. Stickney 3, 23, of 3211 Park pl., Evanston, who pleaded guilty to reckless driving, also was ordered by Judge James Corcoran to attend the Evanston traffic school each Tuesday night for one month.
It is also possible to bring class actions under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including out of state ( or even internationally ) as the key element is the jurisdiction that the court has over the defendant.
Although normally plaintiffs are the class, defendant class actions are also possible.
Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
While at the station the officer also asks the defendant to perform certain psycho-physical tests such as the walk and turn, one leg stand or finger to nose test.
The defendant may also be able to challenge the admissibility of the statement under provisions of state constitutions and state criminal procedure statutes.
Clearly express questioning ( interrogation ) would qualify but the concept also extends to surreptitious attempts to acquire information from the defendant through the use of undercover agents or paid informants.
At the very end of the show, in " Court Charades ", the Inquisitors are caught by surprise when a defendant ( who is also a judge from another court ) in session at the Old Bailey says: " Blimey, I didn't expect the Spanish Inquisition!
A plea bargain ( also plea agreement, plea deal or copping a plea ) is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
Like other common law jurisdictions, the Crown can also agree to withdraw some charges against the defendant in exchange for a guilty plea.
If the court satisfies itself that the defendant fully acknowledges the consequences of the plea agreement, and he / she was represented by the defense council, his / her will is expressed in full compliance with the legislative requirements without deception and coercion, also if there is enough body of doubtless evidence for the conviction and the agreement is reached on legitimate sentence-the court approves the plea agreement and renders guilty judgment.
This crime requires an extra level of satisfactory proof, as prosecutors must show not only that perjury occurred, but also that the defendant positively induced said perjury.
" " Intelligent " has been described as " also an elusive term, meaning that the defendant knows his rights, the nature of the charge to which he is pleading, and the consequences of his plea.
There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of defendant.
A defendant may also file a cross-complaint or third-party complaint as well to bring other parties into a case by the process of impleader.
Further, charges can also be brought against individuals or corporations who have sued or filed criminal charges against a defendant.
The plaintiff could also institute an actio furti ( a personal action ) to punish the defendant.
It may also be inequitable to allow a defendant to use the defense of the running of the limitations period, such as the case of an individual in the position of authority over someone else who intimidates the victim into never reporting the wrongdoing, or where one is led to believe that the other party has agreed to suspend the limitations period during good faith settlement negotiations or due to a fraudulent misrepresentation.
Thus, in evaluating a collision between two vehicles, the court must not only make a finding that both drivers were negligent, but it must also apportion the contribution made by each driver as a percentage, e. g. that the blame between the drivers is 20 % attributable to the plaintiff / claimant: 80 % to the defendant.
Comparative negligence has also been criticized, since it would allow a plaintiff who is recklessly 95 % negligent to recover 5 % of the damages from the defendant, and often more when a jury is feeling sympathetic.
Uncontested divorces are also granted after the defendant appears and waives the right to answer the complaint.
Legal dramas also focus on situations where there is an obvious injustice or ones in which either the plaintiff or defendant is very interesting and unusual.
Congress has established a procedure whereby a party, typically the defendant, can " remove " a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter.

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