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!

By contrast, a witness who says that she saw the defendant enter a house, that she heard screaming, and that she saw the defendant leave with a bloody knife gives circumstantial evidence.

' The Handbook of Massachusetts Evidence says " Because of the risk of prejudice to the defendant inherent in the admission of photographs of the ' mug shot ' variety, judges and prosecutors are required to ' use reasonable means to avoid calling the jury's attention to the source of such photographs used to identify the defendant.

If defendant says that he did not own the building where the plaintiff fell, and plaintiff disputes this claim, plaintiff may introduce evidence that the defendant sanded the stairs to show that defendant did, in fact, own the property on which the steps are located at the time her injury occurred.

This means that if a defendant does not stipulate to the authenticity and accuracy of a trade inscription, and the plaintiff lacks testimony from percipient witnesses who can establish a complete chain of custody leading back to the defendant, then the plaintiff must use expert testimony to establish the authenticity of the inscription and to get around the obvious hearsay issue ( i. e., to establish, based on common practice within the trade, that the product is what the inscription says it is ).

On December 8, 1997 Christianity Today reported that Hyles and his church, the First Baptist Church of Hammond, were being sued for " for negligence in connection with alleged sexual assaults on a mentally disabled church member over a six-year period " The lawyer for the woman, Vernon Petri, " says Hyles is a defendant because he failed to protect the woman ", such that " controls have to be set to be sure things are conducted appropriately.

In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.

In most United States jurisdictions a defendant is allowed the opportunity to allocute — that is, explain himself — before sentence is passed.

Fourth, in " limited fund " cases, a class action ensures that all plaintiffs receive relief and that early-filing plaintiffs do not raid the fund ( i. e., the defendant ) of all its assets before other plaintiffs may be compensated.

In 12th and 13th century England, the ability to cite a particular passage from the Bible entitled a common law defendant to the so-called benefit of clergy, i. e. trial before an ecclesiastical court, where sentences were more lenient, instead of a secular one, where hanging was a likely sentence.

* if the defendant decides to talk to the police, the right to consult with a lawyer before being interrogated,

If the defendant asserts his right to remain silent all interrogation must immediately stop and the police may not resume the interrogation unless the police have " scrupulously honored " the defendant ’ s assertion and obtain a valid waiver before resuming the interrogation.

If the defendant does reinitiate contact, a valid waiver must be obtained before interrogation may resume.

# Did the defendant re-initiate conduct with the police before the interrogation resumed? If “ Yes ” go to 17 ; If “ No ”, go to 18.

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.

However, although this is not conducting a plea bargain, in cases before the Crown Court, the defence can request an indication from the judge of the likely maximum sentence that would be imposed should the defendant decide to plead guilty.

b ) The defendant has the right to reject the plea agreement on any stage of the criminal proceedings before the court renders the judgment.

A demurrer is a pleading ( usually filed by a defendant ) which objects to the legal sufficiency of the opponent's pleading ( usually a complaint ) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response.

Originally, notice ( and power ) manifested more viscerally, where the defendant in a civil case could be seized and brought before the court under the writ of capias ad respondendum.

In Cardassian criminal trials the defendant is presumed guilty and in fact the punishment is already decided before the trial begins ; the purpose of the trial ( effectively a show trial ) is merely to help the defendant acknowledge his wrongdoing.

" Accordingly, defendants are not routinely required to swear before testifying, which would risk casually profaning the Quran should the defendant commit perjury ; instead oaths are a solemn procedure performed as a final part of the evidence process.

As stated in Brewer v. Williams,, the right to counsel “ at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment .” Brewer goes on to conclude that once adversary proceeding have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a defendant is arrested, “ arraigned on arrest warrant before a judge ,” and “ committed by the court to confinement ,” “ here can be no doubt that judicial proceedings ha been initiated .”

No President, before or since Grant, has ever given a deposition for a criminal defendant in a federal trial.

In the first two cases, deaths of the plaintiff and defendant, respectively, brought an end before court decisions.

In comparison, article 294 of the Napoleonic Code of Criminal Procedure allowed the defendant to have a lawyer before the Court of Assizes ( judging felonies ), and mandated the court to appoint the defendant a lawyer if the defendant did not have one ( failure to do so rendered the proceedings null ).

# Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.

Although a judge can throw out a guilty verdict if it was not supported by the evidence, a jurist has no authority to override a verdict that favors a defendant.

In Norman times insanity was not seen as a defence in itself but a special circumstance in which the jury would deliver a guilty verdict and refer the defendant to the King for a pardon

If the defendant accepts these suggestions and changes his penalty proposition, the court approves it and passes the verdict according to the plea agreement.

For instance, in some state courts the prosecution can lodge an appeal after a defendant is acquitted: although the appellate court cannot set aside a not-guilty verdict due to double jeopardy, it can issue a ruling as to whether a trial court's ruling on a particular issue during the trial was erroneous.

Gardner-Medwin argues that the criterion on which a verdict in a criminal trial should be based is not the probability of guilt, but rather the probability of the evidence, given that the defendant is innocent ( akin to a frequentist p-value ).

One Los Angeles case resulted in a $ 45 million jury verdict against the Ford Motor Company ; the resulting $ 30 million judgment ( after deductions for another defendant who settled prior to trial ) was affirmed on appeal in 2006.

For example, one courtroom scene in the pilot episode had the jury break into song, proclaiming their verdict on the defendant (" He's Guilty ") Gospel-style.

The first suggests that the defendant may be concealing the truth and manipulating his story in order to obtain the best possible verdict, and the latter that the prosecution dangled a possible lighter sentence through plea bargain as an incentive to perjury.

* Charles I had to abolish the Court of the Star Chamber, a royal court controlled completely by Charles I in which the prosecutor was also the judge ( which pretty much guaranteed a guilty verdict for the defendant ) and it was intended to be used to implement the will of the king legally with a " judicial " façade.

The facts being settled in the form of a case agreed to be taken and considered as a special verdict, the court, on consideration thereof, gave judgment in favor of the defendant in ejectment on April 24, 1794.

In the United States, some view the requirement that jurors take an oath to be unlawful in itself, while still others view the oath's reference to " deliverance " to require nullification of unjust law: " will well and truly try and a true deliverance make between the United States and the defendant at the bar, and a true verdict render according to the evidence, so help God.

As the defendant had undoubtedly killed the Earl, the law ( as it stood ) required the jury merely to look at the facts and pass a verdict of " proven " or " not proven " depending on whether they believed the facts proved the defendant had killed the Earl.

A unanimous verdict is needed is order to convict a defendant of a capital crime and sentence to death.

" Within days of the Oct. 9 guilty verdict, two of the 12 jurors in Hedgecock's case alleged in sworn statements that Burroughs jury bailiff provided jurors with alcohol, told them stories, guided deliberations and pressured the jury to reach a quick verdict ," and even expressed his opinion that the defendant was guilty.

The Federal Rules of Criminal Procedure state, " The verdict must be unanimous ... If there are multiple defendants, the jury may return a verdict at any time during its deliberations as to any defendant about whom it has agreed ... If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed ... If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts.