The government has a probable cause to make an arrest when " the facts and circumstances within their knowledge and of which they had reasonably trustworthy information " would lead a prudent person to believe that the arrested person had committed or was committing a crime.

Although R v Scully ( 1824 ) 171 ER 1213 held that it was not justifiable to shoot an intruder merely to arrest him, on the facts, “ the life of the prisoner was threatened, and if he considered his life in actual danger, he was justified in shooting the deceased as he had done ; but if, not considering his own life in danger, he rashly shot this man, who was only a trespasser, he would be guilty of manslaughter .” See self-defence ( Australia ) for a comparative view on whether the use of excessive force causing death should give rise to a mitigatory defence and " Reform " below.

* The facts of O ' Brien's protest, arrest, and trial are summarized in the Supreme Court's opinion, United States v. O ' Brien, 391 U. S. 367, 369-70 ( 1968 ).

* The facts of Johnson's protest, arrest, and trial are summarized in the Supreme Court's opinion, Texas v. Johnson, 491 U. S. 397 ( 1989 )

The facts are this ; when they hit a targeted house, they arrest every male over the age of 16 within a mile of the house just in case.

Reasonable suspicion does not provide grounds for arrest ; however, an arrest can be made if facts discovered during the detention provide probable cause that the suspect has committed a crime.

When you have a CIA director with his hair on fire, a system blinking red, 52 FAA warnings, an August 6th, 2001 PDB entitled ' Bin Laden Determined to Strike in the United States ', leads on several 9 / 11 hijackers including Alhazmi, Almihdhar and Marwan Al-Shehhi, warnings from many foreign governments, a Phoenix Memo warning of Islamic extremists taking flying lessons, the arrest of would-be terrorist Zacarias Moussaoui, facts imparted to one agent, Agent Frasca at the RFU at the FBI, 9 / 11 was truly a failure alright.

Moreover, his testimony at trial never developed any such facts.

In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case ; at least one intermediate appellate court ; and a supreme court ( or court of last resort ) which primarily reviews the decisions of the intermediate courts.

It also allows most private litigants to settle their disputes in an amicable manner through discovery and pre-trial settlements in which non-contested facts are agreed upon and not dealt with during the trial process.

So while there are many factors affecting the outcome of a trial, the cross-examination of a witness will often have an impact on an open minded unbiased jury searching for the certainty of facts upon which to base their decision.

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.

At trial, the defense team argued that news articles from the time could have been the source for Echols ' knowledge about the genital mutilation, but the prosecution claimed that Echols ' knowledge, which Echols said was limited to what was " on TV ", was nonetheless too close to the actual facts, since there was no public knowledge of drowning or that one victim had been mutilated more than the others.

In law, interrogatories ( also known as requests for further information ) are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.

" This means that to plead a cause of action, the pleader has to plead each element and also allege specific facts which, if proven with evidence at trial, would constitute proof of that element.

In the rare case where the trial court made an egregious error in its finding of facts, the state supreme court will remand to the trial court for a new trial.

Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts ; if that claim is successful the appeal judges will often order a trial " de novo ".

' He further observed that ' the only modes known to the common law to re-examine such facts was the granting of a new trial by the court where the issue was tried, or the award of a venire facias de novo, by the appellate court, for some error of law that had intervened in the proceedings.

For juries to fulfill their role to analyze the facts of the case, there are strict rules about their use of information during the trial.

The trial was criticised in Israel as a show trial, although strict Israeli military censorship of the press, at the time, meant that the Israeli public was kept in the dark about the facts of the case and, in fact, were led to believe that the defendants were innocent.

Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in the trial court record.

:: Example: “ Each case must be scrutinized on its particular facts to determine whether a trial error is harmless error or prejudicial error when viewed in the light of the trial record as a whole, not whether each isolated incident viewed by itself constitutes reversible error .” United States v. Grunberger, 431 F. 2d 1062, 1069 ( CA2 1970 ).

Furthermore, appellate courts in such jurisdictions will not question the facts as found by a judge or jury in the trial court as long as there was some evidence in the record to support such findings, even if the appellate judge himself or herself would not have personally believed the underlying evidence if he or she had been present in the trial court when such evidence was entered into the record.

" At that time ( prior to the Holy Land trial ), the Times called efforts to link the organization to Hamas and Hezbollah " unsuccessful ," citing a retired FBI official who was active through 2005 and who suggested that while " of all the groups, there is probably more suspicion about CAIR ", you don't get " cold hard facts " although the article goes on to cite the suspicious background of some of CAIR's donors as a source of contention within members of the organization itself.

At trial, when prosecutors offered Miranda's written confession as evidence, his court-appointed lawyer, Alvin Moore, objected that because of these facts, the confession was not truly voluntary and should be excluded.

Principle V states, " Any person charged with a crime under international law has the right to a fair trial on the facts and law.

More potent a charm to bring back that time of life than this record of a few pictures and a few remembered facts would be a catalogue of the minutiae which are of the very stuff of the mind, intrinsic, because they were known in the beginning not by the eye alone but by the hand that held them.

There is plenty more to recommend Gorton, the facts of whose life are given in The Life And Times Of Samuel Gorton, by Adelos Gorton.

and this first section was somehow preserved ( there are always these annoying little mysteries about the actual facts of Malraux's life ) when the Gestapo destroyed the rest.

Regardless of the decision two facts are clear.

The facts, he adds, are hidden from public view by squeamish objections to calling bad conditions by their right name and by insistence on token integration rather than on real improvement of the schools, regardless of the color of their students.

I submit that it cannot be dismissed simply by saying we are not facing the facts of life.

Unless the Administration and the Defense Department have been deceiving us, the facts do not support the assertion that we are `` compelled '' to resume atmospheric testing.

Such measures are essential to its job of presenting business and Government with the facts required to meet the objective of expanding business and improving the operation of the economy.

But the facts about our Advisory Board and its members' duties are only one of several sets of facts about the quest for advice, both reliable and imaginative, on which to base our selections of Fellows.

But even if that other plant employs the same number of workers and makes the same product, there are other facts to consider.

) These general facts are mentioned to make clear that the total situation in the two families is similar enough to warrant comparison.

There are certain tax attributes of a corporation whose nature and effect might depend on the facts of the particular reorganization involved.

Broad and Ross have lately contended that this fitness is one of the main facts of ethics, and I suspect they are right.

All information is carefully appraised and uncertain facts are designated by ( '?'.

Or, on the other hand, are unlikely facts being stated, facts which are in themselves significant and not easily applicable to everybody??

Naturally, such scholarly facts are of little concern to the man trying to make money or fan patriotism by means of folklore.

Two unsolved mysteries are based on these facts.

What are the pertinent facts affecting such communication at the present juncture of history??

Here are a few facts and figures I've assembled.

In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.

They are a set of axioms strong enough to prove many important facts about number theory and they allowed Gödel to establish his famous second incompleteness theorem.