According to Pasternak, during the 1937 show trial of General Iona Yakir and Marshal Mikhail Tukhachevsky, the Union of Soviet Writers requested all members to add their names to a statement supporting the death penalty for the defendants.

In Powell v. Alabama,, the Supreme Court ruled that “ in a capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, it is the duty of the court, whether requested or not, to assign counsel for him .” In Johnson v. Zerbst,, the Supreme Court ruled that in all federal cases, counsel would have to be appointed for defendants who were too poor to hire their own.

It held in Hamilton v. Alabama,, that counsel had to be provided at no expense to defendants in capital cases when they so requested, even if there was no " ignorance, feeble mindedness, illiteracy, or the like.

Two of the defendants were convicted of second-degree murder, but not convicted on the requested hate crime enhancements.

On May 16, 1946, during the Nurnberg War Tribunals, a counsel for one of the defendants, Dr. Walter Siemers requested from the president of the trial to strike out the document 1014-PS, but his request was rejected by the president.

The complaint filed by Texas claimed ownership of the bonds and requested that the defendants turn the bonds over to the state.

Attorneys for the eight other defendants said only that there was no proof of their clients' guilt.

Thus, if there is no alternate rationale for prosecuting some people more harshly for the same crime based on who the victim is, then different defendants are treated unequally under the law, which violates the United States Constitution.

When the death sentence was passed, according to Moskalenko's later account, Beria pleaded on his knees for mercy before collapsing to the floor and wailing and crying energetically, but to no avail: the other six defendants were executed by firing squad on 23 December 1953, the same day as the trial, while Beria was fatally shot through the forehead by General Batitsky after the latter stuffed a rag into Beria's mouth to silence his bawling.

Sometimes the prosecution proposes a plea bargain to civil disobedients, as in the case of the Camden 28, in which the defendants were offered an opportunity to plead guilty to one misdemeanor count and receive no jail time.

There was no evidence that any of the defendants had any connection with the bombing.

Prosecuting the gang has been historically difficult, because many members are already serving life sentences with no possibility of parole, so prosecutors were seeking the death penalty for 21 of those indicted but have dropped the death penalty on all but five defendants.

The current courthouse has no holding cells and in-custody defendants must be held in the adjacent Sheriff ’ s substation, and it lacks the ideal secure circulation for in-custody defendants, staff, and the public, explained officials from Sundt and the AOC.

Short told Judge Kersten's court that the state had no evidence against the defendants.

Indigent judgment-proof defendants are no longer imprisoned ; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in the vast majority of common law jurisdictions.

Updegraff argued that " we have been sworn to try this case according to the law and the evidence presented and that if no contradictory evidence offered by the defendants than we could do nothing more than to convict them.

The judges denied the defendants bail, concluding that if no charges had been brought, " the could not be freed as the offence was probably too dangerous for public discussion ".

Other widely mentioned elements of a SLAPP are the actual effectiveness at silencing critics, the timing of the suit, inclusion of extra or spurious defendants ( such as relatives or hosts of legitimate defendants ), inclusion of plaintiffs with no real claim ( such as corporations that are affiliated with legitimate plaintiffs ), making claims that are very difficult to disprove or rely on no written record, ambiguous or deliberately mangled wording that lets plaintiffs make spurious allegations without fear of perjury, refusal to consider any settlement ( or none other than cash ), characterization of all offers to settle as insincere, extensive and unnecessary demands for discovery, attempts to identify anonymous or pseudonymous critics, appeals on minor points of law, demands for broad rulings when appeal is accepted on such minor points of law, and attempts to run up defendants ' costs even if this clearly costs more to the plaintiffs.

The defendants failed to meet the burden of proof required by the PPPA, that the plaintiffs had no reasonable prospect of success.

The other two defendants pleaded guilty or no contest to voluntary manslaughter.

The defendants again plead " no contest ".

Before the war crimes trials actually convened, SCAP, the IPS and Shōwa officials worked behind the scenes not only to prevent the imperial family being indicted, but also to slant the testimony of the defendants to ensure that no one implicated the Emperor.

This injunction was granted without notice to either defendant on an ex parte hearing between Olson and the judge, and was to extend until the hearing on the judge's order for the defendants to show cause as to why they should not be permanently enjoined from publishing their paper.

The hearing was held December 9, and future Minneapolis mayor, Thomas Latimer, argued that the defendants ' activities were protected by the U. S. and Minnesota constitutions and demurred to the complaint.

An attempt by Adrian Davies to launch parallel proceedings in Belgium without notifying the Belgian Court of English proceedings was blocked by a landmark anti-suit injunction granted by Miss Sarah Asplin QC on 20 May 2011, where she stated " Given that the present defendants had submitted to the hearing of that issue and allowed costs to be incurred, in my judgement such conduct is vexatious and oppressive ".

At the beginning of the appellate hearing at the U. S. District Court, the defendants admitted upon the record that " the educational facilities, equipment, curricula and opportunities afforded in School District No. 22 for colored pupils are not substantially equal to those afforded for white pupils.

Secondly, because of the publicity surrounding Adams's committal hearing, the law was changed to allow defendants to ask for such hearings to be held in private.

At the next hearing a week later, the case was dismissed by the magistrate, who criticised the police for failing to contact a man seen running through the park to establish some kind of corroborative evidence, and failing to report at once to Scotland Yard to avoid having to charge the defendants immediately.

Currently, those states which still maintain a death penalty option have a mandatory appeal of the sentence ( defendants sentenced to death cannot waive this appeal, but can waive appeals beyond this stage subject to a compentency hearing ).

The hearing was now publicly accessible and caused a large interest among the populace of Berlin and Prussia in sympathy with the defendants.

District Judge Howard Riddle told the defendants they would go on trial at a later date at Southwark Crown Court remanding Mrs Brooks and her husband on bail until the next hearing on 22 June.

The federal judge after hearing Selletti's story and considering all the evidence ruled the case was a ' complete fabrication ' and that it was filed ' to extort a settlement from deep-pocket defendants.

The documents would have confirmed that the RCMP were using undercover police agents, a fact they lied about at the defendants ' Preliminary hearing.

Plata v. Schwarzenegger is a federal class action civil rights lawsuit alleging unconstitutionally inadequate medical services, and as a result of a stipulation between the plaintiffs and the state, the court issued a injunction requiring defendants to provide “ only the minimum level of medical care required under the Eighth Amendment .” However, three years after approving the stipulation as an order of the court, the court conducted an evidentiary hearing that revealed the continued existence of appalling conditions arising from defendants ’ failure to provide adequate medical care to California inmates.

" The Federal Public Defender recommends that defendants speak in terms of how a lenient sentence will be sufficient, but not greater than necessary, to comply with the statutory directives set forth in.

As long as we have plea bargaining, he maintains, innocent defendants should be free to use these pleas to enter advantageous plea bargains without lying.

And guilty defendants who are in denial should be empowered to use these pleas instead of being forced to stand trial.

By contrast, while defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross-examination by the prosecutor and not given under oath.

It was not until 1963 that the U. S. Supreme Court declared that legal counsel must be provided at the expense of the state for indigent felony defendants, under the federal Sixth Amendment, in state courts.

He stated that " the fact that my name and address along with my picture can appear on the front of the papers before the so-called ' victim ' has even signed a statement proves that anonymity for rape defendants is a must and that the law must be changed.

Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs.

# Typicality — the claims or defenses must be typical of the plaintiffs or defendants.

In July 2007, new forensic evidence was presented in the case and a status report jointly issued by the State and the Defense team stated, " Although most of the genetic material recovered from the scene was attributable to the victims of the offenses, some of it cannot be attributed to either the victims or the defendants.

Historically, civil defendants could be taken into custody under a writ of capias ad respondendum and be forced to post bail before being released.

Criminal defendants are usually obliged to post bail before being released from custody and must be present at every stage of the proceedings against them.

The official positions of defendants as heads of state or holders of high government offices were not to free them from responsibility or mitigate their punishment ; nor was the fact that a defendant acted pursuant to an order of a superior to excuse him from responsibility, although it might be considered by the IMT in mitigation of punishment.

Unlike defendants who are found guilty of a crime, they are not institutionalized for a fixed period, but rather held in the institution until they are determined not to be a threat.

Authorities making this decision tend to be cautious, and as a result, defendants can often be institutionalized for longer than they would have been incarcerated in prison.

The guidelines for the M ' Naghten Rules ( 1843 ) 10 C & F 200, state, inter alia, and evaluating the criminal responsibility for defendants claiming to be insane were settled in the British courts in the case of Daniel M ' Naghten in 1843.

A hung jury results in the defendants release, however charges against the defendant are not dropped and can be reinstated if the state so chooses.

On June 1, 2010, in deciding the Berghuis v. Thompkins case, the United States Supreme Court declared that criminal defendants who have been read the Miranda rights ( and who have indicated they understand them and have not already waived them ), must explicitly state during or before an interrogation begins that they wish to be silent and not speak to police for that protection against self-incrimination to apply.

: A finding of insanity may well result in indefinite confinement in a hospital, whereas a conviction for murder may well result in a determinate sentence of between ten and fifteen years ; faced with this choice, it may be that most defendants would prefer the certainty of the latter option.

" If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us ... We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow.

Federal judge Richard Paul Matsch ordered the venue for the trial be moved from Oklahoma City to Denver, Colorado, citing that the defendants would be unable to receive a fair trial in Oklahoma.

A 2009 study by the European Association of Law and Economics observed that innocent defendants are consistently more likely than guilty defendants to reject otherwise-favorable pleas proposals, even when theoretically disadvantageous to do so, because of perceived unfairness, and would do so even if the expected sanction would be worse if they proceeded to trial.